Court Cases
| Most Popular Cases |  |
Cases with Faces | |
Cases by Type |  |
Cases by Reporter |  |
Cases by Year |  |
All Reporters → cal-app-lexis → Volume 1929
Opinions in cal-app-lexis Volume 1929
A writ of attachment against the defendant was levied upon certain money due to him. He claimed that this money was exempt from execution and attachment under subdivision 10 of section 690
of the Code of Civil Procedure. Thereupon, the plaintiff moved the trial court *Page 773
for an order declaring these funds subject to attachment and execution. After the hearing of this motion the court made a...
Views: 2
Section 21, title 2, of the Volstead Law, adopted by our Wright Act, reads in part as follows: “Any room, house, building ... or place where intoxicating liquor is manufactured, sold, kept, or bartered in violation of this title ... is hereby declared to be a common *764 nuisance, and any person who maintains such a common nuisance shall be guilty of a misdemeanor. ...” The main question pr...
Views: 0
This is an appeal by the plaintiffs from a judgment determining the northerly boundary line of land owned by them.
The court found that the plaintiffs' predecessors in interest acquired title through a deed executed October 4, 1873, by John Durham to James Swaltney, which described the land as "lying southeast of the east bank of the Mormon Slough and containing 15.25 acres"; that "the south bank ...
Views: 0
[1] The plaintiff instituted a claim and delivery action against defendant; gave bond as required and commanded the sheriff to take the personal property described in the complaint. Upon failure of the defendant to post a redelivery bond the sheriff, who had seized the property, delivered it to the plaintiff. The defendant interposed a demurrer to the complaint which on September 14, 1925, was sus...
Views: 0
This is an action to recover unpaid rent. The making of the lease and the nonpayment of the last installment of the rent thereunder are admitted. The lease was between plaintiff, a corporation, and Roscoe Haeglin Company, which is described in the lease as "a Trust Association organized and existing under the laws of the State of California." Plaintiff brought this action against Roscoe Haegelin C...
Views: 0
This appeal is by W.S. Kingsbury alone, is brought up on the judgment-roll and the facts found by the trial court are admitted to be true.
That court found that on June 14, 1880, the plat of survey of section 16 in township 1 south, range 15 east, Tuolumne County, California, containing the premises in controversy was accepted by the department of the interior, and that at that date no mining clai...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 270
This action is one for damages resulting from an automobile accident.
The cause was tried by jury and verdict for $7,500 returned in favor of the plaintiff.
Judgment was thereupon entered in favor of the plaintiff for the damages so assessed by the jury.
...
Views: 0
Plaintiffs appeal from a judgment sustaining defendants' and respondents' demurrer to an amended petition for a peremptory writ of mandamus, without leave to amend.
The amended petition in substance alleges as follows: That petitioners are residents of the county of Ventura, state of California, and owners of apricot orchards and growers of apricots in said county and state; that defendant Califor...
Views: 1
The complaint alleges that on February 27, 1925, Robert Barr, Inc., being the owner of a truck, sold and delivered it to defendant Accardo Roffalli, who will be referred to as the defendant, on a conditional sale contract for $895.03, of which the sum of $230 was paid in cash, the balance to be paid as follows: $52.80 on the 27th of each of the months of March, April and May, 1925, and $33.71 on t...
Views: 0
This appeal is from an order of the superior court of Los Angeles County, in department No. 27, denying a motion to set aside a decree of adoption. The motion was made under the provisions of section 473 of the Code of Civil Procedure. The facts may be summarized as follows, to wit: Richard H. Christie, Jr., is the son of appellant Richard H. Christie and his wife, Ruth A. Christie. He was born Oc...
Views: 3
Plaintiffs had judgment in an action to quiet title, from which judgment the defendant appeals. The action was instituted by the plaintiffs to quiet their title to lot 26, in block 53, of the city of Long Beach, as that lot is described in a map recorded in book 19, at page 91 et seq., miscellaneous records of the county of Los Angeles. The facts, as gleaned from the record, are as follows:
Upon t...
Views: 0
This is an appeal by plaintiff from an order of the superior court dissolving a temporary restraining order.
Briefly stated, it is averred in the amended complaint "that defendant, Ed. McKinsey, as plaintiff in an action No. 104,448 in the Superior Court of Los Angeles County, was given judgment herein and one H.E. Putnam for the sum of $645.34 on December 1, 1922"; that "said H.E. Putnam as plain...
Views: 0
The plaintiff sued the defendant to recover a balance due for goods sold and delivered. The defendant appeared and answered, and a trial was had before the trial court sitting with a jury. The jury returned a verdict in favor of the plaintiff. From a judgment entered on the verdict the defendant has appealed.
[1] Before proceeding further it will clarify the situation to state that the subject mat...
Views: 1
The above-named actions, though based partly upon different contracts, begun separately and asking for judgment in different sums, were consolidated for the purposes of this appeal and have been presented upon one transcript and argued in one set of briefs. For convenience we will consider first, the questions presented in the Glazer case, which to some extent will answer the questions presented i...
Views: 1
This cause is before us upon appeal from a judgment and decree granting the plaintiff a writ of mandate directing that the petitioner and respondent be restored to her position and admitted to the position formerly occupied by her as a teacher in the public schools in and for the Tracy school district, and that warrants be issued to her in payment of her salary as such teacher for the months of Ju...
Views: 8
On January 25, 1928, the petitioners herein were awarded a verdict in the sum of $4,000 damages against the respondents Daley Water Company, a corporation, and Augua Mansa Company, a corporation. On March 19, 1928, a motion for new trial was argued and submitted upon briefs, the plaintiffs being by stipulation allowed two days and the defendants one day thereafter in which to present their respect...
Views: 6
This is an appeal by plaintiff from a judgment entered in favor of defendant Sisich resulting from an order sustaining a demurrer to plaintiff's second amended complaint without leave to amend.
The action is to remove a building encroachment upon the property of plaintiff alleged to be a nuisance. According to the complaint plaintiff and defendant are owners of adjoining properties, and defendant'...
Views: 3
This appeal is from a judgment in favor of plaintiff (hereinafter called the Lumber Company) and against the defendant Loop Building Company (hereinafter called the Building Company) in the sum of $1,470.85, together with interest at seven per cent per annum from the twenty-seventh day of April, 1922, and costs of suit taxed in the sum of $17.50.
The record is here on a bill of exceptions. The ple...
Views: 0
The purpose of the action is to secure a declaratory judgment and, as ancillary thereto, a judgment and order restraining and enjoining the defendant as Superintendent of Banks from interfering in anywise with plaintiff corporation or its conduct of its business. Judgment in the court below was against plaintiff and the appeal follows. It is the contention of plaintiff corporation, generally, that...
Views: 6
[1] In an action to foreclose a mortgage on real estate, prosecuted by J.W. Swales against Joseph Burns, judgment was entered in favor of the former against the latter for $3,927.90 and the appellant herein was appointed commissioner to sell the mortgaged property. December 13, 1924, the commissioner duly offered the property for sale at public auction. Hale McCowen, Jr., one of the attorneys for ...
Views: 0
In the instant matter it appears that by virtue of a memorandum contract entered into between the parties hereto it was agreed that, for a consideration of the sum of $3,250, plaintiffs would supply the necessary labor and materials for installing in the home of defendant certain draperies and furnishings. Prior to, at, as well as immediately after, the time when the memorandum of contract was si...
Views: 0
The plaintiff commenced an action to recover damages for injuries sustained in an automobile collision. 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 plaintiff, and from a judgment entered thereon the defendants have appealed. *Page 761
The accident happened at about 10 o'clock at night on the 21st of June, 1926...
Views: 1
Petitioner Seckels was the employer of respondent Kirk, who sustained an injury arising out of and in the course of his employment. Kirk instituted a proceeding before the Industrial Accident Commission against Seckels and his insurance carrier. In that proceeding an award was- made against the insurance carrier, and an additional award based upon serious and wilful misconduct of the employer was...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 587
This cause is before us upon an original application for a writ of mandate by the above-named petitioners praying for an order of this court, directed to the respondents, commanding them to admit the petitioners to the use and occupation of a certain memo...
Views: 0
Plaintiff sued to recover the purchase price of certain casting work as to which no dispute exists. By cross-complaint the defendant sought to recover alleged damages for improper performance of the contract. The case has been tried twice. At the first trial judgment went for defendant on its cross-complaint but was reversed by the district court of appeal (United Iron Works v. Standard Brass Cast...
Views: 1
This cause is before us upon the application of the above-named petitioners praying for a writ of this court restraining and prohibiting the Superior Court of the State of California, in and for the County of Siskiyou, and H.S. Gans, as the judge presiding in said court, in the matter of this cause, from proceeding further in any proceedings based upon a certain accusation filed in said court on t...
Views: 3
Anna Roher was injured while a passenger riding in a bus operated by the defendants Leonard Holt when their bus collided with an automobile operated by the defendant Clorinda Rossotto. She filed a complaint charging negligence in general terms against both defendants. The defendants appeared and answered and a trial was had before the trial court sitting with a jury. The jury returned a verdict i...
Views: 0
This is an action by the plaintiffs to quiet their title to a strip of submerged land under the waters of San Francisco Bay in the town of Tiburon, Marin County. It is a portion of a larger tract of submerged tide-lands and is a narrow parcel, seventy-five feet long and seventeen feet wide, upon which is located a wharf sixty-seven and one-half feet in length and eight feet in width extending into...
Views: 0
Defendants appeal from a judgment in favor of the plaintiff for $3,800 in an action brought to recover said sum alleged to be due him for salary as president.
[1] Defendants contend that there was not sufficient evidence to sustain the findings, that the trial court erred in certain rulings on the admission of evidence and also that it erred in denying defendants' motion for nonsuit interposed at ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 630
There are three appeals pending herein, numbered, respectively, as above indicated. Civil No. 3720, L.A. No. 9382, is an appeal from an interlocutory judgment in favor of plaintiff. Civil No. 3721, L.A. No. 9383, is an appeal from a judgment denying the m...
Views: 6
This action involves a contract for the sale by the plaintiff to the defendant M.A. Caldaralla Company, a copartnership, of four carloads of grapes. The complaint originally contained three counts. In the first it is alleged that the defendant Imperatrice gave his personal check to the plaintiff in payment of the agreed price of the first carload, but that the check was "dishonored and the payment...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 510
This is an appeal by defendants Gilman, Pike, Kerr, Hamilton, Hutchinson, Millar, De Vaux, Mitchell, Breed, and Thornton from a judgment canceling and annulling a deed of trust executed by defendant Ruby Mines Company to appellants Breed and Thornton as t...
Views: 1
Page 35
This is an appeal by the defendant from a judgment rendered against it for $2,341.03 as damages suffered by reason of a temporary restraining order and injunction pendente lite issued in a certain action entitled Butters et al. v. City ofOakland, a Municipal Corporation, et al., wherein the United States Fidelity and Guaranty Company (a corporation), as surety, executed undertakings in the sum of ...
Views: 0
Page 36
Plaintiff had judgment against the defendant for the sum of $645.65, the balance alleged to be due from the defendant to the plaintiff for goods, wares, and merchandise sold and delivered by the plaintiff to the defendant at the latter's special instance and request. The defendant's answer admitted the purchase as alleged by the plaintiff, but as a defense to the action set forth a cross-complaint...
Views: 1
The plaintiff brought this action to foreclose a mortgage on real estate executed by defendants Philipp Laux and Katie A. Laux as mortgagors. The defendant I.S. Chapman Company filed a cross-complaint to foreclose a crop mortgage on the crop of citrus fruits *Page 303
growing on the same land, executed by defendants Thomas C. Armstrong and Mary E. Armstrong as mortgagors. All the defendants exce...
Views: 0
This is an appeal from a judgment rendered in favor of the defendants in an action instituted by the administrator of the estate of Charles B. Mullaly, deceased, brought for the benefit of Mary Bley, the divorced wife of decedent and the only creditor of the decedent’s estate. An examination of the transcript discloses that .there was sufficient evidence introduced in the trial court to support...
Views: 1
The appellant, who shot and killed his father-in-law, Gr. W. Priest, was found guilty by the jury of the crime of manslaughter, but the appellant contends that the evidence shows conclusively that he had to shoot the deceased in the defense of his own life. The fact that the evidence shows that the deceased had threatened the life of the appellant and that this threat had been communicated to h...
Views: 0
A writ of habeas corpus, issued by the supreme court, was returned in this court. The return of the sheriff of the county of Santa Clara shows that the prisoner, upon a plea of guilty of possession of intoxicating liquor, was sentenced by the city judge of the city of Sunnyvale to pay a fine of five hundred dollars or to be imprisoned for one day for each dollar of fine so imposed and not paid.
[1...
Views: 0
THE COURT.
An action to recover the balance of a commission claimed by the plaintiff for services rendered to *Page 283
the defendant, an Indiana corporation, in the sale of an industrial water softener.
[1] The plaintiff was employed by the corporation as its district manager, with the exclusive right to sell in that part of California lying north of the southern boundary lines of Monterey, Fres...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 480
This is an action upon two promissory notes in the principal sum of $2,500 each executed by the defendant Elwood Nonnenmann and by his father Charles L. Nonnenmann, since deceased, as makers in favor of the California Bank of San Mateo County, as payee, a...
Views: 3
Page 44
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 271
This is an appeal from a judgment in favor of plaintiff and against defendant and comes to this court upon a bill of exceptions.
The facts of the case follow. In the year 1907 plaintiff, referred to hereinafter as the Realty Company, had bought *Page 272 ...
Views: 0
This is an action to recover $4,800 which respondents allege was obtained from them through fraud. Judgment went for plaintiffs in the sum of $2,635. Only one defendant, Long Beach National Bank, appeals from said judgment.
On February 21, 1923, Alice Welstead, assignor of plaintiffs, entered into a contract in writing to purchase from defendant Bolivar Holding Company, for a consideration of $9,3...
Views: 1
This is an action for damages brought against fifteen defendants, consisting of Parr Terminal Company, a corporation, with its principal place of business in the city and county of San Francisco; Fred D. Parr, residing in said city and county; the City of Richmond, a municipal corporation, located in Contra Costa County, and twelve individual defendants, sued both individually and as officers and ...
Views: 2
Plaintiff sued to recover damages to his stock of goods, which was injured by seepage of water from the premises occupied by the defendants. The cause was tried by the court sitting without a jury and resulted in a judgment for the plaintiff in the sum of $1,147.50. The defendants have appealed on a typewritten record.
[1] The plaintiff was the lessee of a storeroom on the first floor of a five-st...
Views: 1
The plaintiff brought this action to recover damages for conversion of certain personal property of plaintiff by the defendants Macchiaroli and Mrs. Brooke. The appeal from the judgment is by Macchiaroli alone.
The facts hereinafter set forth are either established without conflict, or, where the evidence is conflicting, are stated most strongly in favor of respondent. In June, 1924, respondent wa...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 113
This is an action to quiet title to the lands described in the complaint. The defendants answered, denying plaintiffs' ownership and alleging an equitable title in themselves by virtue of a written contract of sale and purchase between plaintiffs and defe...
Views: 2
[1] In this case, it having been stipulated by the parties "that the appeal in the above entitled action shall be heard with the appeal in said action now numbered as 1 Civ. 6403, and argued and submitted on the transcript in this action and the briefs in said action numbered 1 Civ. 6403," and the judgment in the said action "now numbered 1 Civ. 6403 shall govern the appeal in the above-entitled a...
Views: 1
THE COURT.
An action for separate maintenance was brought by the plaintiff against her husband, the defendant, upon three counts, namely, failure to provide, habitual intemperance and extreme cruelty. The defendant denied these allegations, and, by a cross-complaint, sought a divorce from the plaintiff upon the grounds of extreme cruelty and wilful desertion, both of which charges the plaintiff de...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 755
These two actions to quiet title to the same piece of real property situated in the city and county of San Francisco were tried jointly by stipulation and the appeals in both are presented on a single typewritten record. The trial court gave judgment for ...
Views: 1
These are consolidated mechanic's lien cases all arising out of the construction of the respondent Snow Mountain Water and Power Company's Scott Dam in Lake County. Said Snow Mountain Water *Page 617
and Power Company will be hereinafter referred to as the Power Company.
A contract for the construction of said dam was entered into on December 15, 1919, between the Power Company, as owner, and the...
Views: 0
This is an action on a promissory note. No question is raised as to the execution and delivery of the note to the payee, David Robbins. The plaintiff is his sister and alleges that she is his assignee. As a defense the defendants set up in their answer that the note was without consideration and was delivered to David Robbins conditionally ; that the note was a part of a transaction whereby he co...
Views: 2
[1] The sole question presented on appeal is the correctness of the trial court's decision that appellant Oswald was a joint adventurer with others in the production of a theatrical exhibition and therefore liable to employees for claims for labor. We are satisfied that the ruling of the trial court was correct. (Westcott v. Gilman, 170 Cal. 562 [Ann. Cas. 1916E, 437, 150 P. 777]; Chapman v. Hughe...
Views: 3
These appeals are taken by the defendants from an order granting, in part, plaintiff's motion for a new trial.
The plaintiff sued for damages in the sum of twenty-one thousand six hundred dollars alleged to have been suffered through the negligence of both defendants, Peerless Stages and J.H. Asselin. The plaintiff was riding in the automobile of the defendant Asselin, as his guest, with members o...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 41
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 42
This is an appeal from a judgment for plaintiff on a note representing a $200,000 subscription *Page 43
to an e...
Views: 3
This was an action for specific performance of an agreement for the exchange of properties. Plaintiff and respondent Erastus Miller was the owner of a leasehold interest in an apartment house building in the city of Los Angeles, known as the Monroe apartments, and the owner of the furniture and furnishings therein. Defendants and appellants, Gusta, who are husband and wife, were the owners of a lo...
Views: 3
While standing on the open platform of the railroad station at Reno, Nevada, awaiting the arrival of a train which he was about to board for San Francisco, Elmer Melke was struck and mortally wounded by a stray bullet fired by a police officer at a suspected criminal whom the officer was pursuing along the public street adjacent to the railroad station; and on account of Melke's death his widow an...
Views: 11
The defendant was convicted of the crime of burning two insured barns on the Bragdon ranch in *Page 22
Trinity County with the intent to defraud the insurer. This appeal is from the judgment of conviction and the order denying a new trial.
The barns are referred to as the "upper barn" and the "lower barn," each of which was insured against loss by fire in the sum of $1,000. The prosecution did no...
Views: 5
Elk Hills 36 Oil Company is a California corporation with an authorized capital of $500,000 divided into 500,000 shares of the par value of $1. Prior to its incorporation Rose L. Burcham was the owner of certain property in Kern County and while so the owner she gave A.W. Mason the right to purchase the property for the sum of $20,000, $10,000 payable in cash, the balance on deferred payments, a d...
Views: 0
This is an appeal from a judgment denying appellant a writ of mandate requiring the civil service commission of the city of Sacramento to place his name second on the civil service eligible list of said city for the position of fireman.
The facts are not disputed and are substantially as follows: Appellant, with a number of other applicants, took the civil service examination for the position of f...
Views: 6
The court sustained a demurrer to the plaintiff's complaint. The plaintiff declined to amend and judgment was thereupon entered in favor of the defendant. From said judgment plaintiff appeals. The only question involved is whether or not the complaint states a cause of action. So far as material for the purpose of this decision the complaint alleges that the defendant is the trustee named in a dee...
Views: 2
This is an appeal by the defendant, Paul Stewart, from a judgment entered against him in an action to quiet title.
The undisputed facts are these: The plaintiff, Jennie M. Haller, and Jacob H. Haller, were at all times herein mentioned, husband and wife. The property involved was purchased and title taken in the name of Jennie M. Haller and Jacob H. Haller, and is conceded to have been at the time...
Views: 1
The plaintiff brought this action to recover the amount alleged to be due on several stated accounts. Judgment was entered in favor of the defendant and the plaintiff has appealed.
There is little conflict in the evidence. Where it is conflicting, only the evidence which supports the findings and judgment will be stated. It appears that W.H. Tobin was engaged in promoting the organization of indus...
Views: 0
The plaintiffs were the general contractors for the erection of a building for the defendant Wm. J. King. This action was brought for the purpose of foreclosing a mechanic's lien for the last payment in the sum of $5,700. Judgment was rendered for the defendants and plaintiffs prosecute this appeal. *Page 362
The contract, after stating the times for and the amounts of the first three payments, r...
Views: 0
Appellant was charged by an information filed by the district attorney of San Diego County with the crimes of grand theft and forgery, and also with having suffered a prior conviction in the state of Ohio. Appellant admitted the prior conviction and after trial by jury was found guilty of the crimes of forgery and grand theft, as charged in the information. Prom the judgment and order denying his...
Views: 0
Defendant was convicted on each of two counts in an information wherein he was charged with the commission of the crime of forgery and a prior conviction of a charge of forgery, a felony. He appeals from the judgment and an order denying his motion for a new trial. Other than as to the second count in the information, no serious effort is made by appellant to show that prejudicial error was commit...
Views: 3
This is an appeal by defendant from a judgment in favor of the plaintiff for a portion of the money deposited with the defendant at the time of the making of a certain lease of real property for a term of four years and ten months, ending October 31, 1927.
G.C. Brown and Percy A. Lane entered into a written lease whereby plaintiff leased from the defendant a certain *Page 351
storeroom, known as ...
Views: 0
This action was brought by appellants against respondents, as set forth in the first count of their complaint, for negligently, intentionally and maliciously setting out fire on the lands of defendants within twenty yards of plaintiffs' lands, and on plaintiffs' land and for negligently permitting same to be communicated to, and to burn over the lands of plaintiffs, thereby destroying fruit, nut a...
Views: 0
The plaintiff commenced an action in ejectment against the defendants. The defendants answered and a trial was had before the court without a jury. The court made findings of fact in favor of the defendants, and from a judgment entered thereon the plaintiff has appealed and has brought up typewritten transcripts.
[1] In findings one and two the trial court found that the defendants were the owners...
Views: 1
The plaintiff was given judgment for damages alleged to have been caused by the defendant's breach of the terms of a lease. The defendant has appealed.
By the terms of the lease the defendant let to the plaintiff 120 acres of land for one year, commencing December 1, 1925, at a cash rental of $20 an acre, all the lands "to be cropped entirely to cotton, except 20 acres, which may be cropped in who...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 301
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 302
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
Views: 22
In an action in the Superior Court brought by Cora Cruse (who is the petitioner herein) against Edgar Cruse, her husband, for the separate maintenance of the wife and the support of the three minor children of the parties, an order was duly made requiring the defendant thereafter to pay to the plaintiff a specified sum of money each succeeding week. Some years following the date of *Page 292
such...
Views: 4
On November 13, 1913, Theodore J. Welk recovered two judgments in the Superior Court in separate actions in each of which the appellant Newton J. Skinner was a defendant. On March 14, 1927, Welk having died, his administrator procured from the Superior Court an order for the issuance of a writ of execution in one of these actions, No. B3694. Thereafter appellant moved the court for an order recall...
Views: 3
Appeal from a judgment for plaintiff against appellant, entered pursuant to the verdict of a jury, for damages received by plaintiff in a collision between a laundry truck driven by him and an automobile driven by appellant.
At the place of collision the main coast highway between Los Angeles and Santa Barbara runs approximately east and west and is crossed practically at a right angle by another ...
Views: 6
The plaintiffs sued the defendants for moneys received. The defendants filed separate demurrers to plaintiffs’ amended complaint, the demurrers were sustained without leave to amend and judgment was entered in favor of the defendants. The plaintiffs appealed and have brought up the judgment-roll. The record does not show that the plaintiffs asked leave to amend and we may therefore assume that th...
Views: 0
THE COURT.
An action to recover the sum of $1625 alleged to have been received by the defendant for the use and benefit of the plaintiff. The plaintiff claimed that the above amount was deposited with the defendant as security for the payment of the rent of certain real property in San Francisco; that a written lease thereof containing the terms agreed upon by the parties and pursuant to which the...
Views: 2
THE COURT.
The defendant was convicted in the Superior Court of Sacramento County of a felony, to wit: The crime of robbery of the first degree.
[1] The transcript on appeal was filed in this court October 22, 1929. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argment on December 2, 1929. No appearance *Page 272
was made for appellant at ...
Views: 0
This is an appeal from a writ of mandate which was issued to require the assessor of Lake County to include in the Upper Lake Union School District, for the purpose of raising elementary school taxes, the territory sought to have been withdrawn therefrom by the creation of a new elementary school district called the Lucerne School District, on the ground that the procedure of organizing this new d...
Views: 3
Plaintiff, as executor of the above-named deceased, brought this action against defendant, a daughter of the said deceased, for the sum of $3,250 as the agreed purchase price of 100 shares of capital stock of the San Francisco Milling Company. The complaint was later amended by adding the allegation that defendant had agreed to pay for said stock the reasonable value thereof and that the reasonab...
Views: 0
THE COURT.
An appeal by the defendant from a judgment entered against him in an action to recover damages for personal injuries alleged to have been caused by his negligence. The injuries followed a collision in the city of Santa Cruz between two automobiles driven by the respective parties to the action. The defendant denied that the injuries and damage complained of were due to his negligence, a...
Views: 0
This is an appeal by the defendants, The Wm. Simpson Construction Company, a corporation, and Guaranty Building Loan Association, a corporation, from a judgment entered against them in the sum of $1120 in an action for damages.
In the month of November, 1923, plaintiffs and respondents herein were occupying a building in Hollywood, California, used by them for the display and sale of Chrysler aut...
Views: 0
The People of the State of California prosecute this appeal from an order of the Superior Court in and for the county of Los Angeles granting defendant's motion in arrest of judgment.
It appears from the record that the defendant and respondent was bound over to the Superior Court by commitment issued by the committing magistrate for the crime of "attempt to commit robbery" from the person and pre...
Views: 3
The defendant appeals from a judgment in favor of plaintiffs who sued for a balance on the purchase price of real property. Negotiations were carried on in behalf of the parties to this appeal, which culminated in an option agreement, the portion which is essential to a determination of this appeal being as follows:
"Whereas, the sellers are owners of certain lands in San Luis Obispo and Monterey ...
Views: 11
The Citizens Trust and Savings Bank of Los Angeles held in trust certain real property in which respondents were beneficiaries to the extent of a one-fourth thereof. While such beneficiaries respondents purchased from the trustee one of the pieces of real property affected by said trust, and as part payment therefor gave to the Citizens Trust and Savings Bank their promissory note, and as part of...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 223
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 224
Respondent brought this action to recover damages for personal injuries sustained as a result of being struck ...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 215
This is an appeal by the plaintiff, an attaching creditor, from an order of the Superior Court of San Bernardino County dissolving an attachment. Plaintiff brought suit to recover from defendant the sum of $1375 damages from breach of a contract entered i...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 207
Respondent instituted this action against defendants to recover judgment upon a promissory note dated August 6, 1923, given by Leroy Little, and signed by him "Leroy Little Wo," by the terms of which the maker promised to pay respondent $2,412.13, with in...
Views: 1
About 8 o'clock in the evening an automobile in which respondent was riding stalled close to and almost parallel with the track of the appellant company, on a public street in the city of Alameda; and while respondent was stooped in front of the machine endeavoring to start the same by cranking the engine one of appellant's interurban electric cars ran into the rear end of the automobile, shoving ...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 194
Defendant, the surety on a bond given under the terms of section 1183 of the Code of Civil Procedure, appeals, under the alternative method, from a judgment ordering payment of the full penal sum to the clerk of the court, for distribution between the own...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 180
Original petition for writ of mandamus.
This is a petition asking that a writ of mandamus be issued to compel the Superior Court of San Diego County and Honorable L.D. Jennings, Judge thereof, to proceed to hear and pass upon a petition for distribution i...
Views: 7
This appeal was taken from the Superior Court of Imperial County from a judgment for plaintiff in the sum of $294. The history of the case is somewhat complicated, and the record on appeal by no means clear in its details. Suit was originally brought in the Justice’s Court of El Centro township, county of Imperial, by the appellants here against W. Maloof and Paul Blenkiron and John S. Doddri...
Views: 0
The district attorney filed an information against the defendant charging him with having committed the crime of grand theft. The defendant pleaded not guilty. The jury brought in a verdict of guilty. The defendant made a motion for a new trial. The motion was denied. From the judgment entered on the verdict and the order denying a new trial the defendant has appealed.
[1] On this appeal the defen...
Views: 2
THE COURT.
The parties to the above action, who were formerly husband and wife, made a property settlement on July 14, 1921. The material parts of the agreement in which the defendant is named as the first party and the plaintiff as the second party, are as follows: "The parties hereto have agreed and do hereby agree as follows, to wit: 1. That said first party hereby agrees to pay said second par...
Views: 0
This is an appeal from a judgment for damages for the breach of a contract of employment.
The defendant was the owner of a garage in Sacramento. July 16, 1927, the parties to this action executed a written contract for the employment of plaintiff as manager of the *Page 162
garage for "a period of not less than one year," at a salary of $50 per week. This contract provided that: "In the event the...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 154
This is an appeal from a judgment of dismissal in an action for equitable relief. The judgment was rendered after separate demurrers to the complaint had been sustained without leave to amend. The action involves a claim to growing crops, on the part of a...
Views: 4
It appears that the parties to this action entered into a tentative agreement in writing on March 7, 1925, by the terms of which respondent agreed to loan the appellant $2,500 for the conduct of the latter's *Page 149
business, and to enter into his employment for a period of six months at a salary of $150 per month, in contemplation of forming a copartnership. It is contended that appellant rece...
Views: 0
To secure the repayment of a promissory note to J.J. Meili and O.W. Fry, respondents, J.A. Crane and Evangelyn Crane executed two mortgages, one a second mortgage on a piece of orchard land in the county of Los Angeles and the other a chattel mortgage on certain furniture and equipment in an apartment house in the city of Los Angeles, together with their leasehold interest therein. Upon default on...
Views: 2
Respondents have made a motion in this court for an order for diminution of the record directing the clerk of the trial court to add to the clerk's transcript filed herein on April 5, 1929, a certain order of the trial court made on September 20, 1929, which order the clerk of said court pursuant to the order of the trial judge entered nunc pro tunc as of February 21, 1929. The original order made...
Views: 0
Prior to the transaction which gave rise to this litigation the defendants Granville Holland and Norton H. Edwards, together with their respective wives, acquired title to a lot in the city of Beverly Hills, an undivided one-half interest therein being conveyed to each couple as joint tenants. Each of the defendants paid one-half of the purchase price of the lot, their agreement being that they wo...
Views: 3
This appeal originally taken to the Supreme Court from a judgment of the Superior Court of Imperial County in favor of the defendant, has been transferred to this court for decision.
The action was brought by the plaintiff, Valley Lumber Company, to recover damages for the destruction of a Ford automobile valued at six hundred dollars, through a collision with a train of the Southern Pacific Compa...
Views: 0
The respondent was injured by appellant's automobile while attempting to walk across a public street in the city of Los Angeles, and this is an appeal from a judgment rendered in her favor, holding that appellant was negligent, and rejecting a plea of contributory negligence.
Appellant concedes that the determination of the question here presented must be governed by the evidence given on behalf o...
Views: 0
It appearing that a formal dismissal of an action pending between the parties in the Superior Court of Los Angeles County had been served, filed and entered, a formal judgment was rendered accordingly on the day set for trial, and the defendants were awarded costs and disbursements in the sum of $105. A motion to retax costs and to strike the cost bill from the files was denied, and the plaintiff...
Views: 1
The defendant was the wife of Dr. Clement Swaim, who owned a residence in Mexico City which he had been endeavoring to sell for two or three years prior to July 9, 1925. On the date mentioned the negotiations *Page 120
had reached the point where he and his wife, the defendant, signed a special power of attorney authorizing one Charles F. Pettijohn to sign and carry into effect a contract for the...
Views: 2
—In this action for damages arising out of a collision between a truck and trailer driven by defendant’s servant and an automobile driven by plaintiff, the trial court, sitting without a jury, found that the negligence of both parties proximately contributed to the collision. Prom the judgment for defendants entered upon these findings plaintiff appeals. Appellant makes only one point on appeal...
Views: 0
In this action defendants' demurrer to plaintiff's complaint was sustained. A judgment of dismissal followed, and the plaintiff has appealed. The action was for libel. The main point of the demurrer was that the complaint showed upon its face that the alleged defamatory matter was privileged under the provisions of subdivision 2 of section 47 of the Civil Code, which makes a publication privileged...
Views: 14
Plaintiff had judgment in the court below upon an undertaking given by defendant to release an attachment, and defendant appeals.
Appellant's sole point upon appeal is that the writ of attachment to release which the undertaking was given was a nullity because, it is claimed, the clerk who issued the writ did not receive an affidavit prior to the issuance of the writ of attachment as required by s...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 102
This is an action to recover the balance due on a contract for the sale of an automobile from plaintiff to defendant.
The complaint sets up a conditional sales contract reserving title in the vendor; alleges the default of the defendant in making several ...
Views: 3
The petitioner has applied for a writ of habeas corpus on the ground that he is illegally restrained of his liberty under an executive warrant issued by the Governor of this state, after a hearing, upon the demand of *Page 98
the Governor of the state of Washington for the extradition of the petitioner, who was indicted by the grand jury of the county of Grays Harbor, Washington, on five counts, ...
Views: 8
By complaint in the usual form the respondent in this action alleged that Joseph Schlyen and Michael H. Brodsky were copartners doing business under the firm name of Palm Drug Company; that individually and in the name of the company they executed two promissory notes, payable to the plaintiff, for the amounts of which, less certain deductions, judgment was prayed. The defendant Schlyen having ans...
Views: 0
Plaintiffs prosecute this appeal from a judgment quieting the title of respondent Gregory to certain real property.
The action was prosecuted by plaintiffs to remove an alleged cloud on their title to the real property involved, created by a trustee's deed to said Gregory, and to carry into effect a certain judgment in their favor, in an action wherein one Herman Eggers and others were plaintiffs ...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 73
This is an action in equity, brought to set aside a sale of certain bank stock made under a purported *Page 74
assessment, and to declare the plaintiff the owner of said stock.
On a previous appeal (Richman v. Bank of Perris, 73 Cal.App. 321
[238 P. 754])...
Views: 10
Plaintiff filed its action in the Superior Court against defendants to recover a balance due it under a contract to install an ice-box and display case and refrigerating machinery and equipment in a store being erected by the defendant, Joseph C. Kelley, as contractor, for the defendants and appellants, Tony Berardino and Rose Berardino, as owners. Appellants filed their cross-complaint against th...
Views: 0
This is an appeal from a judgment for damages for personal injuries sustained by the plaintiff Ethel Drury as a result of falling from the platform of a street-car while it was rounding a curve in the track. The evidence as to the material issues was conflicting. *Page 60
The defendant challenges certain instructions as erroneous.
The plaintiff Ethel Drury was a teacher of music in the public sch...
Views: 1
This is an appeal by plaintiffs, C.M. Holmes and Susan M. Holmes, from a judgment of nonsuit entered against them in an action for rescission. The appeal is upon the judgment-roll alone.
The pleadings set forth these facts: Plaintiffs allege in their original and supplemental complaint that on January 22, 1927, they purchased from defendant Vincent O. Robarts a grocery business, store fixtures and...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 44
This is an action to quiet title to certain long strips of land 10 feet wide adjoining the two sides of the 40-foot right of way of the Atchison, Topeka Santa Fe Railway Company, hereinafter called the Santa Fe. The strips of land are in Albany, Alameda C...
Views: 0
By an information, filed by the district attorney of Riverside County on the twenty-third day of April, 1929, appellant was accused of violation of the Corporate Securities Act in nine counts thereof, and of grand theft in two counts thereof. Count eleven, charging grand theft, was dismissed. The jury found the appellant guilty on counts one, three, four, six, eight and ten, all of which charged v...
Views: 11
This is a petition for a writ of habeas corpus. *Page 26
The petitioner was held upon two charges. Since the filing of this petition the second complaint was dismissed. We have to consider only the first proceeding.
The petitioner was charged in the Justice's Court of Eureka township, Humboldt County, with the offense of having possession of intoxicating liquor. To this accusation he pleaded guil...
Views: 4
For the sum of $780 in cash and a promissory note executed by plaintiff in favor of the defendants, *Page 18
plaintiff purchased from the defendants a leasehold interest in a furnished bungalow court. Shortly thereafter plaintiff brought an action against the defendants for damages based upon alleged false and fraudulent representations made by the defendants to plaintiff in inducing her to purch...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 12
THE COURT.
Defendant H.G. Johnson has appealed from a judgment for $2,616.66 which was recovered against him by plaintiff Yakoobian. The plaintiff alleged that appellant converted to his own use certain crops of grapes and figs on which the former held a m...
Views: 0
THE COURT.
[1] Application to take additional evidence herein is denied upon the authority of Tupman v. Haberkern, 208 Cal. 256,280 P. 970.
*Page 1 ...
Views: 0
THE COURT.
This is a proceeding based on respondents' motion to dismiss an appeal upon the ground that the transcript has not been filed within the forty-day period allowed therefor by the rules of the Supreme Court and District Courts of Appeal (sec. 1, Rule V); and furtheremore, claiming that the appeal is frivolous, respondents ask that they be awarded damages. Appellant makes no opposition to ...
Views: 0
THE COURT.
Respondents move this court to strike the transcript on appeal and appellant's opening brief from the files of this court and to dismiss the appeal upon the ground that said transcript was transmitted to this court in violation of an order theretofore made by the Superior Court terminating the proceedings to procure the transcript. [1] The motion is based upon the identical facts and ci...
Views: 0
The plaintiff commenced an action to quiet title. The defendants appeared and answered and filed a cross-complaint. The cross-complaint was answered and a trial was had before the court sitting without a jury. The court made findings in favor of the defendants and from a judgment entered thereon the plaintiff has appealed and has brought up typewritten transcripts.
[1] The title to the property in...
Views: 0
MEMORANDUM CASES.
The facts and issues involved in this appeal are practically identical with those in the case of Doud v. Jackson, ante, p. 213 [283 P. 107].
The cause of action arises on a complaint alleging a contract entered into between plaintiff and defendant on the fifth day of May, 1926, for the purchase of fur-bearing rabbits, for a cash consideration of $400; ...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 789
The defendant was convicted of violating section 288 of the Penal Code. He made a motion for a new trial, his motion was denied, and from the judgment of conviction and the order denying a new trial he has appealed.
[1] 1. The defendant contends that the ...
Views: 6
This is an appeal by plaintiff from a judgment in favor of defendants in an action for the alleged conversion of plaintiff's automobile, the ground of appeal being that the trial court failed to find on a material issue raised by the pleadings.
The complaint alleged that the defendant Roach was the constable of the third judicial township of San Mateo County; that on February 15, 1926, pursuant to...
Views: 0
Appellant Anthony Provost and the respondent Maria Provost intermarried on October 20, 1904, and lived together until January 8, 1925, when they separated. Prior to this marriage said appellant acquired a small parcel of real property of the value of about $300, described as lot 33, block 2, of subdivision No. 1 of Dolgeville, in the city of Alhambra, known and designated for the purposes of this ...
Views: 7
This is an original application for a writ of mandate to compel the tax collector of Butte County to accept, in full payment of petitioner's taxes for the current fiscal year, a sum of money tendered by the petitioner and to issue an official receipt in full for such taxes. The sum so tendered is the amount of the petitioner's taxes, according to his contention, computed at the rate of "two dollar...
Views: 3
This is an appeal by the plaintiff from an unsatisfactory judgment in its favor upon several promissory notes.
September 9, 1925, the Cox-Klemin Aircraft Corporation of New York executed, unconditionally indorsed and transferred to the plaintiff for a valuable consideration nine promissory notes for $5,000 each. Prior to the transfer they were each indorsed by the defendant. The notes were 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 746
This being an appeal from a judgment of nonsuit it is unnecessary to review the evidence except in so far as it tends to establish facts favorable to appellant's contention that the death of her husband was caused by respondents' negligence. With this tho...
Views: 0
The appeal herein is from a judgment suspending the accused attorney from membership in the legal fraternity for the period of one year, commencing December 24, 1924. [1] The first question with which we are confronted is: Have the questions presented by the appeal become moot by the expiration of the period of suspension? (There is no doubt but that the suspension period has expired on account of...
Views: 4
This is an appeal by the defendant from a judgment in favor of the plaintiff in the sum of $469.17.
The plaintiff is the trustee of the bankrupt estate of one Sam Brice. The defendant is the sheriff of the county of Kern.
On September 8, 1926, in an action wherein the Bakersfield Market, Inc., was the plaintiff and one Sam Brice was the defendant, said sheriff attached the French Cafe in Bakersfie...
Views: 0
This is an appeal by the plaintiff from a judgment entered in favor of the defendants Church and Neuman after an order made by the trial court sustaining a demurrer to the second amended complaint.
The said complaint is entitled Cuff Burrell, Plaintiff, v.
Capt. H.A. Crow Post No. 884, Veterans of Foreign Wars Convention Committee; Percy C. Church and B.A. Neuman, Defendants. It is alleged therein...
Views: 4
This is an appeal by defendants from a judgment in favor of the plaintiff in an action for the purchase price of certain merchandise sold by the plaintiff to the defendant Royal Oil Company, Inc., the payment for which was guaranteed in writing by the other defendants. The complaint was filed May 18, 1926. The sole ground of this appeal is the contention that the plaintiff is a foreign corporation...
Views: 8
By an information filed on December 21, 1923, by the district attorney of Los Angeles County the defendant was charged with the crime of forgery, alleged to have been committed on December 11, 1923. The defendant interposed a plea of "not guilty" and also one of "not guilty by reason of insanity." His trial was set for February 11, 1924, but he absconded and was not re-apprehended until April 29, ...
Views: 6
Respondent is one of the defendants in the case of L.F. Ingledue, plaintiff and appellant, v. L. Davidson, doing business under the fictitious name and style of Pulman Lunch, defendant and respondent, D.W. Edelman et al., defendants, in which a decision was this day rendered (ante, p. 697 [283 P. 837]). At the close of plaintiff's evidence in that case, the trial court granted a motion for nonsuit...
Views: 1
Appellant brought this action to recover damages for injuries sustained by him from an explosion of gas. From a judgment rendered in favor of respondent upon a directed verdict he has appealed. It appears from the evidence that on the sixth day of May, 1922, appellant went to respondent's restaurant about noon for a lunch. He had made his order and was sitting on a stool at the lunch-counter facin...
Views: 4
Respondents, as real estate agents, recovered judgment against appellant for $600, $500 of said judgment being for commission on the exchange of real estate and $100 for attorney's fees. From this judgment appellant has appealed.
It appears from the evidence that about the first day of October, 1926, appellant called on respondents at their office and told them that he had a tract of land which he...
Views: 0
Appellant was charged in an information filed by the district attorney of Monterey County with the crime of murder, for the killing of one Bartoleme Cabaltera. A verdict of murder in the second degree was returned by the jury. Motion for a new trial was made and denied. From the judgment entered upon the verdict and from the order denying a new trial appellant prosecutes this appeal.
The main poin...
Views: 5
THE COURT.
Petitioners herein prayed for an alternative writ of prohibition, directed to I. Zellerbach, George B. Clarkson and Reginald G. Fernald, as and constituting the Fish and Game Commission of the state of California, and all persons acting by and through said respondents herein, directing and commanding the said respondents and each of them, their officers and agents to desist and refrain ...
Views: 0
This is an appeal from a judgment of dismissal upon failure and refusal of plaintiffs to amend, after sustaining demurrer to their third amended complaint.
The present action was brought by plaintiffs against the defendant for damages resulting from alleged culpable negligence of defendant, as their attorney, in preparing findings in support of a judgment in favor of plaintiffs in an action to rec...
Views: 8
[1] This proceeding was instituted in this court to compel the respondent Justice's Court and the duly elected and qualified justice of the peace of San Bernardino Township, county of San Bernardino, state of California, to exercise original jurisdiction in certain cases under section 112 of the Code of Civil Procedure and section 1425 of the Penal Code, of which respondent would have jurisdiction...
Views: 0
This is an appeal from a judgment for damages for injuries sustained by a pedestrian through the negligence of the driver of an automobile while the plaintiff was crossing a street. The chief problem is whether the owner of the machine may be held liable for the negligent operation of the automobile while it is being driven by a stranger without the owner's authority, but in the presence of the em...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 658
This action was prosecuted to recover damages for and on account of injuries suffered by the plaintiff by reason of an explosion of gas in a certain apartment house owned by the defendant Juan Jiminez. The gas was furnished by the defendant Southern Count...
Views: 5
When the issues of fact in this case were ready for trial upon amended pleadings, the department of the Superior Court in which it was pending was engaged in hearing another proceeding. Upon stipulation the presiding judge referred it to a member of the bar who qualified as a judge pro tempore, evidence was taken before him, and on December 22, 1926, he signed the findings of fact, conclusions of ...
Views: 0
The facts involved in this controversy are somewhat complicated, but so far only as relates to this decision it may be sufficient to state that by the will of John W. Hunt the residue of his estate was given, bequeathed and devised to two named persons in trust "for the purpose of using the proceeds therefrom in establishing and maintaining such charitable and benevolent institution as they may se...
Views: 4
On the evening of April 23, 1929, one Roy Bass was the attendant in charge of a gasoline station at Avalon Boulevard and Forty-seventh Street, in the city of Los Angeles. Jack Church, a sixteen year old newsboy, had come in for the purpose of asking Bass to change a bill for him. Church had nine dollars in hand and there was the sum of twenty-two dollars in the till. Soon after the arrival of Chur...
Views: 0
THE COURT.
An appeal by Minnie M. Craig, the daughter and only child of Cora B. Regnart and the stepdaughter of George P. Regnart, deceased, from parts of the decree of final distribution entered in the estate of the latter.
The court found a portion of the estate, to wit, $8,009.79, to be the proceeds from the sale of the separate property of the deceased, and distributed the same to the responde...
Views: 7
Plaintiff and intervener, as taxpayers and citizens of Orange County, sought to restrain the respondent, as auditor of the county of Orange, from drawing a warrant on the treasurer of the county of Orange in the sum of $10,000 in favor of the city of Santa Ana, a municipal corporation of the fifth class, situated within such county, the money to be used by the city in paying part *Page 637
of the...
Views: 5
This is an action in claim and delivery for the possession of an automobile which was purchased by the defendant De Lorm from the plaintiffs, under a conditional sale contract entered into by the parties in Yakima County, Washington, on June 19, 1925. The automobile in question was delivered to De Lorm when the contract was signed. The contract provides for a purchase price of $1164, acknowledges ...
Views: 3
The plaintiff, William Echols, brought this action against his wife and daughter to quiet title to two lots situated in the city of Glendale. Judgment was entered in favor of his wife and daughter, and he has appealed. The property in controversy was acquired by the said William Echols and Mary B. Echols, his wife, on March 2, 1906, with community funds, and the deed was taken in the names of “...
Views: 0
Plaintiffs sued for damages for personal injuries. The cause was tried before a jury, which returned a verdict for plaintiffs for five thousand dollars. From the judgment on the verdict the defendants appeal on typewritten transcripts.
Mrs. Swartz was driving her automobile in a westerly direction along the public highway between Walnut Creek and Lafayette, in Contra Costa County, when, in approac...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 610
Appellant was charged by an information containing two counts with having committed upon a female child ten years of age the crimes defined by sections 288 and 288a of the Penal Code. When asked to plead to the charges he stood mute, and thereupon the cou...
Views: 11
Plaintiff sued for the partition and sale of certain real property. The cause was tried before the court, which made findings and entered an interlocutory decree for plaintiff. From this decree the defendant has appealed on typewritten transcripts.
[1] The complaint alleged that plaintiff and defendant John W. Gunn "are each the owners of an undivided one-half interest in the property described." ...
Views: 1
Katherine des Granges was declared insane by the County Court of Brown County, Wisconsin, on October 12, 1911. Thereafter, in a proceeding in the Superior Court of Orange County, California, the appellant herein was appointed guardian of the person and estate of said Katherine des Granges, and is still acting as such guardian. On July 1, 1926, the County Court of Brown County, Wisconsin, entered a...
Views: 5
On February 21, 1924, judgment was rendered in the Superior Court of Imperial County in favor of respondent and against appellant J. Edgar Ross, in the sum of $2,000, which was subsequently reduced by the court to $1400. Respondent collected the sum of $121.21 upon an execution and the remainder of the judgment remains unsatisfied. Under another execution he levied upon 102 cases of honey, 4 sacks...
Views: 0
The complaint alleges that the defendant entered into an agreement with Rose Henderson, by the terms of which he agreed to sell and convey to her lot 84, tract 4754, in the city of Los Angeles, for $3,500; that he showed her a map of the tract and told her that it "was the official and recorded map of said tract"; that thereafter Rose Henderson transferred all her rights under the contract to the ...
Views: 0
On writ of review. In this proceeding the court is called upon to determine the validity of a summary judgment entered, upon forfeiture of a bail bond.
In the Municipal Court, one Armando was convicted of a misdemeanor, and was sentenced to serve a term of imprisonment. Thereupon the defendant appealed from the judgment and was admitted to bail and an undertaking of bail executed by petitioner was...
Views: 1
The actions were commenced to recover the sum of $6,572.27, alleged to have been earned by the plaintiff’s assignor as a commission on the sale of certain petroleum products manufactured by the defendant. The court awarded plaintiff a judgment in the sum of $2,626.50, which was $1920 commission and interest thereon from 1921. Both parties have appealed from the judgment. Plaintiff’s assignor, Z...
Views: 0
The plaintiff brought this action to recover damages for personal injuries alleged to have been suffered by him through the negligence of the defendant. The case was tried by the court without a jury and judgment entered in favor of the plaintiff, and from said judgment the defendant appeals.
Appellant contends that the findings and judgment are not supported by the evidence in two particulars: Fi...
Views: 3
The state appeals from a judgment of dismissal entered after defendant's demurrer was allowed to a second amended information.
On June 15, 1928, an information was filed charging the defendant with the crime of obtaining $3,000 by false pretenses. This information alleged that on or about the eighth day of July, 1925, the defendant made certain representations *Page 551
to Max L. Rosenfeld as to ...
Views: 7
On August 9, 1929, a transcript on appeal in the above-entitled cause, bearing a certificate of approval and authentication by the trial judge, dated June 28, 1928, in conformity with the provisions of section 953a of the Code of Civil Procedure, was filed with the clerk of this court; and on August 19, 1929, appellant filed his opening brief. Thereafter, and on August 24, 1929, respondents served...
Views: 0
The plaintiff commenced this action December 10, 1925, to recover the sum of $7,249.23 collected for him by the defendant.
In his answer the defendant "admits that between the 25th day of March, 1922, and June 24, 1922, he collected the sum of $7,249.23 belonging to plaintiff, but denies that he collected same on any agreement or understanding that *Page 542
same was to be applied other than on i...
Views: 1
THE COURT.
This action, Civil No. 3689, is before us upon appellant's appeal from the interlocutory judgment entered in said action, and also upon respondent's motion to dismiss the appeal.
[1] As stated in appellant's brief, this appeal was primarily for the purpose of keeping undetermined questions open until a decision was rendered, taken by the appellant from the final judgment in said cause, ...
Views: 0
This is a criminal action brought in the county of San Bernardino against the defendant Joe Collins on the charge of maintaining a common nuisance under the Volstead Act.
The information charges that the said Joe Collins, on or about the twenty-sixth day of May, 1929, and prior thereto, in the said county of San Bernardino, state of California, did wilfully and unlawfully maintain a common nuisanc...
Views: 4
This appeal was originally taken to the Supreme Court of the State of California from a judgment of nonsuit against plaintiff in an action brought by plaintiff to recover damages in the amount of the partial payments made by plaintiff and her assignors on several contracts for the purchase of real estate. *Page 518
Each and all of these contracts were entered into in the early part of 1923, and w...
Views: 1
This is an appeal from a judgment which was entered against the plaintiff upon sustaining a demurrer to the complaint to quiet title.
The complaint alleges only an interest in a particularly described piece of real property by virtue of a general money judgment which, as the law then existed, gave him a statutory lien upon all the real property of the judgment debtor which was situated in the coun...
Views: 7
This cause is before us upon an appeal by the plaintiff from certain orders of the court relative to the custody of Russell Bogardus, Jr., the issue of the marriage between plaintiff and defendant. The record shows that at the time of the beginning of the action above named, in 1924, Russell Bogardus, Jr., was of the age of twenty-one months. The action above named was for a decree of divorce, adj...
Views: 11
The following statement is taken from appellant's opening brief:
"This is an appeal from an order granting plaintiff's motion for a new trial. The action is for damages for alleged injuries sustained by plaintiff at the intersection of Third and Spring streets while she was waiting in the safety zone to board a southbound car. This car was in charge of conductor Boehm. He was to be relieved by con...
Views: 2
The appellant was charged by information filed by the district attorney of Los Angeles County, consisting of three counts, with (1) having unlawfully *Page 495
killed one W.J. Drake without malice, (2) driving an automobile upon a public highway while under the influence of intoxicating liquor, and (3) failing and neglecting to stop and render aid after striking W.J. Drake, as required by section...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 479
This case arises out of the same accident as that involved inDavis v. Brown, 92 Cal.App. 20 [267 P. 754]. The plaintiff in that case was a passenger in the automobile driven by the defendant, while the plaintiff in the instant case was riding in her own c...
Views: 5
Under an arrangement made by their respective managers, the plaintiff operated a welding shop in a machine-shop run by defendants at Huntington Beach, California. The arrangement was never reduced to writing, but the defendants were to deduct a percentage from the bills for work done by the welding company, and pay the balance to the plaintiff. After some months of operation, plaintiff sued defen...
Views: 2
The above-named actions are brought by two sisters on account of personal injuries sustained by them from an automobile driven by the defendant while the plaintiffs were crossing a certain street in the city of Pasadena. The actions were consolidated and tried together, submitted to the jury upon the same testimony, and a verdict was returned in each case in the sum of $5,000. The two cases are pr...
Views: 5
This is an action for specific performance of an alleged contract for the sale to the plaintiff of a number of lots in Los Angeles County. The defendants were given judgment for costs and the plaintiff has appealed.
The alleged contract is attached to the complaint and made a part thereof. The lots are therein described by reference to an unrecorded map, which the contract recites is not recorded....
Views: 2
This is an action to quiet title. Judgment was entered in favor of the plaintiffs and defendant Blue Diamond Company has appealed. The following statement of facts is taken substantially from the appellant's opening brief:
Respondents were originally the equitable owners of the premises, "having purchased them on contract from G. Allen Hancock." Thereafter the respondents "assigned said contract o...
Views: 0
THE COURT.
A demurrer by respondent to the second amended complaint filed in the above action was sustained with leave to amend. The plaintiff having failed to amend, a judgment, from which he has appealed, was entered against him.
[1] The suit was for the conversion of certain corporate stock. The complaint set up three causes of action, to each of which a demurrer, both general and special, was ...
Views: 1
The facts, as shown by the evidence, are as follows: *Page 447
Early in January, 1929, appellant and his wife were living in San Diego. The wife was subject to epileptic spells, and because of her ill health, her brother, H.C. Lynn, husband of respondent, brought them to San Bernardino, took them into his home, and gave appellant employment as an automobile salesman. Thereafter, on January 29, 19...
Views: 10
Plaintiff had judgment against the defendant J.C. Carl in the sum of eight thousand dollars as compensation for injuries suffered by him when the plaintiff was injured by an automobile driven by said defendant. From this judgment the defendants appeal.
The transcript shows that on or about the 22d of November, 1925, during the night-time, the plaintiff was driving an automobile in a westerly direc...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 424
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 425
Separate appeals were taken by the respective defendants from a judgment for damages which was entered against...
Views: 3
An action was commenced by the respondent against appellant and the defendant bank, alleging by a common count in the usual form for money had and received that they were indebted to the plaintiff in a sum for which demand had been made, but that no part had been paid. Each of the defendants denied all of said allegations, except as to a form of demand which the defendant bank admitted. By supplem...
Views: 0
Certain uncontroverted facts may be stated in this case. It appears that on May 5, 1910, John F. Brachman and wife conveyed to Walter B. Sim and Alexander Sim lot 16 of the Euclid Avenue Tract, in the city of Long Beach, and that on November 13, 1911, the latter conveyed to said Walter B. Sim his undivided one-half interest therein. On December 5, 1924, the lot was sold for delinquent street impro...
Views: 1
The appellant instituted an action in the Municipal Court of the city of Los Angeles for services alleged to have been rendered to the respondent herein. *Page 414
Judgment was rendered in favor of the plaintiff, whereupon the defendant appealed to the Superior Court, wherein judgment was entered in favor of the defendant, and the plaintiff appealed here.
[1] Inasmuch as the jurisdiction of this ...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 407
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 408
The plaintiff commenced an action against the defendants to recover a judgment for damages for injuries sustai...
Views: 3
The plaintiff brought this action to recover an automobile which the defendant held under a conditional sale contract. The answer alleges that the defendant has paid the full purchase price of the automobile; that the contract provides for the payment of $220 in addition to the purchase price "as interest thereon, and as a fee and bonus" for making a loan to the defendant; and that *Page 402
the ...
Views: 0
The plaintiff commenced an action to recover a judgment for injuries suffered in an automobile collision. The defendant answered and a trial was had *Page 398
before the trial court sitting with a jury. The jury returned a verdict in favor of the plaintiff and from a judgment entered thereon the defendant has appealed.
[1] The trial was held on October 4 and 5, 1928. Having obtained an order shor...
Views: 3
Plaintiff moves to dismiss defendant's appeal upon the ground that "although said appeal was taken on the thirtieth day of April, 1929, no steps have been taken to perfect said appeal by causing a transcript or bill of exceptions to be settled and allowed."
The action was tried in extra session of the Superior Court, in and for the City and County of San Francisco, before a judge from another coun...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 389
Respondent filed her action for divorce in the court below upon the grounds of extreme cruelty. Appellant filed his answer in which he specifically denied all of the allegations of extreme cruelty. After a trial the court granted respondent an interlocuto...
Views: 3
This is an appeal from a judgment in favor of the plaintiff. In the month of May, 1924, a representative of plaintiff company observed a ‘1 Will-build-to-suit-tenant ’ ’ sign upon a lot at Temple Street and Burton Way in the city of Los Angeles, owned by defendant Emma E. Taber, which sign directed all inquiries regarding said lot be addressed to Lewelleyn J. Smith. On May 28th, as a culmination ...
Views: 0
The plaintiffs are husband and wife. The wife joined her husband and commenced an action to recover damages for personal injuries. The defendant answered, and a trial was had before the court sitting with a jury. The jury returned a verdict in favor of the plaintiffs, and from the judgment entered thereon the defendant has appealed.
In the complaint it is alleged that the defendant is a corporatio...
Views: 1
Petitioner obtained a money judgment in the Justice's Court of the city and county of San Francisco, and the defendant in the action took an appeal therefrom *Page 377
to the Superior Court upon questions of law and fact. Subsequently petitioner moved for a dismissal of the appeal upon the ground that it was not supported by a proper record. The motion was denied, and thereupon he instituted this...
Views: 6
[1] Service of summons in an action was attempted to be made upon Security Investors Realty Company by delivery of copies of summons and complaint to Shirley E. Meserve, secretary of said company, more than a year after he had tendered his resignation in writing as secretary and director of said company, which resignation was deposited in the United States mail, directed to the Security Investors ...
Views: 1
Plaintiff sued for damages, claiming breaches of several covenants relating to real property. Defendant had judgment and the plaintiff has appealed on a bill of exceptions.
Plaintiff is the owner of lot 6 and of a portion of lot 8 in what is known as Laughlin Park in the city of Los Angeles. Defendant is the owner of a portion of lot 9 of the same tract. The Laughlin Park Company, a corporation, i...
Views: 0
THE COURT.
This is an appeal by plaintiff from an order modifying a final decree of divorce in so far as its provisions relate to the custody and maintenance of two minor children, a girl and a boy, aged six and one-half and four years, respectively, at the time the order in question was made.
The interlocutory decree was granted to appellant in May, 1925, upon the ground of extreme cruelty, and i...
Views: 4
This is an appeal from a judgment in favor of plaintiff in an action for declaratory relief and for the reformation of a contract. The plaintiff was engaged in business at Los Angeles under the firm name of Pioneer Wall Paper Company. The defendants were conducting an advertising business by means of the use of an automatic electric picture projecting machine. May 14, 1924, the respective parti...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 428
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 429
This is an action for damages for personal injuries sustained by plaintiff when an automobile milk truck which...
Views: 1
Certiorari to review the action of the Superior Court in dismissing an appeal taken from a judgment rendered in the Justice's Court.
In substance the petition recites that on the twenty-eighth day of July, 1928, the Golden West Credit and Adjustment Company, a corporation, commenced an action in the Justice's Court of the City and County of San Francisco, against J.D. Small and F.L.W. MacDonald, i...
Views: 4
The plaintiff brought this action as a taxpayer, in behalf of himself and all other taxpayers of Orange *Page 419
County, against the defendant as justice of the peace of Santa Ana township, Orange County, seeking a writ of mandamus
directed to said defendant, commanding him to pay into the county treasury all money received by him as such justice of the peace from parties to any marriage solemni...
Views: 2
This was an action originally brought by the plaintiffs as assignees of one W.C. Gilman to recover a balance of the purchase price of certain hogs, alleged to have been sold by Gilman to defendant. To the complaint the defendant filed an answer and counterclaim based upon allegations that the hogs sold him by Gilman were infected with cholera. He also filed a cross-complaint against the plaintiffs...
Views: 2
The only issue on this, a second appeal from a judgment had in the Superior Court of the county of San Bernardino is as to the amount, if any, the appellant is entitled to recover, on a rescission by the defendant, the vendee under a conditional contract of purchase and sale of an automobile truck, for benefits received by the vendee from use of the truck while in his possession.
The action was br...
Views: 3
The complaint alleges that, for a valuable consideration, the defendant agreed to purchase for the plaintiffs the land described in the complaint and to pay the purchase price thereof "for and on behalf of said plaintiffs"; that, thereafter, "without the knowledge or consent of said plaintiffs, the said defendant did procure and purchase said property and . . . obtained, without the knowledge or c...
Views: 6
This is an appeal from a judgment of dismissal of an action for libel, which was rendered upon motion at the death of the accused. *Page 400
The appellant commenced an action for libel against George H. Greenfield. His answer was filed controverting the essential allegations of the complaint. The defendant then died. Upon proceedings duly had, his widow, Eva K. Greenfield, was appointed and quali...
Views: 0
[1] The determinative question upon this appeal has recently been decided, and we need not here for the purposes of a ruling thereon discuss the facts involved. Appellant was charged by information with grand theft, the pleading consisting of eight counts or separate alleged offenses. His counsel at the opening of the trial announced that "the defendant consents and requests that the case be tried...
Views: 6
Since the appeal from the judgment and an order denying the defendant's motion for a new trial was perfected the appellant has died. The question now under consideration is: What is or should be the effect of his death upon the proceedings? Counsel for appellant argues that this court should proceed to a determination of the merits of the appeal in order that the reputation of the deceased may not...
Views: 4
Appellant, who as plaintiff in the court below recovered judgment on a verdict for $300 as damages for the death of a son eight years and eight months old, appeals from said judgment on the sole ground *Page 390
that the recovery is inadequate. It is contended that since the special damages for hospital, medical and funeral expenses total $235, the balance of the judgment, or $65, as general dama...
Views: 5
The plaintiff had judgment against the defendants for the principal sum of $3,000 and interest in the sum of $630, upon an action instituted to compel payment of the reasonable value of work and labor performed by the assignor of the plaintiff at the instance and request of the defendants. The complaint is in two counts, but as a nonsuit was granted as to the first count it is only necessary to co...
Views: 0
Two informations, both of them charging the offense of violating the State Poison Act (Stats. 1907, p. 124), were filed against the defendant. One of them alleged the crime to have been committed on March 24, 1929, and the other on March 25th. The cases were consolidated and he was found guilty of both offenses. This was on May 20, 1929. Time for sentence was fixed by the court for May 23d. On thi...
Views: 2
A complaint seeking to enjoin twenty named defendants and a large number sued by *Page 375
fictitious names from violating certain restrictions, alleged to have been imposed by agreement upon about 100 lots in Hopper
Sons Western Avenue Tract in the city of Los Angeles, was filed in the court below. Eleven of the defendants interposed a general and special demurrer, which was sustained without l...
Views: 0
The plaintiffs have appealed from a judgment of nonsuit rendered against them in the court below. Their opening brief is all contained under one heading, to wit: "Statement." Some of the pleadings are set forth and then appellants tell us in the most general way about some testimony which was excluded, whether erroneously we cannot judge because sufficient to enable us to say is not printed either...
Views: 0
This appeal is taken from a judgment entered in favor of the defendants upon the failure of the plaintiff to amend her complaint after demurrers sustained and therefore the only question before us is as to *Page 367
the sufficiency of the facts stated to constitute a cause of action against the defendant sheriff and his deputy.
An understandable presentation of the points involved in the discussi...
Views: 4
In this proceeding petitioner seeks to prevent the enforcement of an order made by the Superior Court in a supplementary proceeding brought under section *Page 364 717 of the Code of Civil Procedure, in aid of an execution issued pursuant to an order for the payment of alimony in a certain divorce action commenced by Julius Robbins, plaintiff, against Pauline Robbins, defendant. After the suppleme...
Views: 3
The action which gives rise to this appeal was brought in the Municipal Court of the City of Los Angeles for the purpose of recovering judgment for $1,000, the complaint being drawn in the form of a common count, alleging the rendering of services by the plaintiff to the defendant, Hettie Reese, at her instance and request, and the reasonable value thereof. From a judgment rendered in favor of the...
Views: 4
This is an appeal from a judgment of divorce which was awarded the defendant upon her cross-complaint and confirming a previous agreement settling the property rights of the spouses. The sole question is the validity of this contract. The plaintiff filed an action for divorce against the defendant on the ground of extreme cruelty. The complaint alleged that she was possessed of certain communit...
Views: 0
The plaintiff began this action to recover of and from the defendants, and especially from the Taft Realty Company, the sum of $6,266.50, based upon an instrument in writing which is in the words and figures following, to wit:
"Hollywood, Calif. 6/6/23.
"It is understood and agreed that Frank H. Greve is to receive 2% of the gross sales made by us in the Greve Tract at the S.W. intersection of Pic...
Views: 6
This action was brought by plaintiff against defendant to recover the sum of $800, on an insurance policy written by defendant on the property described therein. Plaintiff recovered judgment for $746.91 and defendant appealed.
It appears from the record before us that on April 11, 1923, appellant issued its policy of insurance in the sum of $800 on the building involved, for the term of three year...
Views: 4
The complaint alleges that the defendant is engaged in the general banking business under the banking laws of this state; that in the year 1907 it became the owner of a tract of land described in the complaint; that in the year 1911 it conveyed the land to the plaintiff, reserving and excepting all minerals and mineral rights therein; that its title to and ownership of such minerals and mineral ri...
Views: 0
The plaintiff and respondent in the instant case filed a suit in replevin against J. T. Milligan, also including several fictitious names, and praying that upon discovery of the true names of other defendants they be substituted therefor. J. T. Milligan and the appellant Edwin S. Milligan were both served, the return of the sheriff showing that he had served John Doe, whose true name was Edwin S....
Views: 0
Plaintiffs, who are the surviving widow and minor children of one Robert Fulton Sweatman, appeal from a judgment rendered in favor of respondent corporation upon the sustaining of its demurrer to the second amended complaint without leave to amend. Respondent was the sole defendant upon whom process was *Page 319
served. The action was to recover damages for the death of Sweatman resulting from a...
Views: 5
Plaintiff corporation, the appellant here, brought this action in claim and delivery to recover an automobile. The complaint alleges that plaintiff and defendants, other than defendant-respondent Frost, had, on January 27, 1926, entered into a written agreement for the purchase by said defendants from plaintiff of a Jordan sedan for the agreed price of $1723.70, payable in cash on January 27, 1926...
Views: 9
The appellant was charged by information filed by the district attorney of Los Angeles County with statutory rape, alleged to have been committed upon a female person of the age of fifteen years, on or about December 1, 1928, December 15, 1928, and March 30, 1929. Having been convicted upon all three counts, a motion for a new trial was presented, which was denied, and the defendant appeals from t...
Views: 0
The district attorney filed an information against the defendants charging them with robbery. The defendants appeared and each pleaded not guilty. They were tried together before the trial court sitting with a jury. It returned separate verdicts finding each defendant guilty of robbery in the first degree. The defendants made a motion for a new trial. The motion was denied. From a judgment entered...
Views: 10
Mandamus to compel respondent to expunge the entry of an order with reference to the payment of alimony pendente lite
from the "Judgment Docket Book."
The facts show that on November 16, 1922, petitioner filed a complaint in an action for divorce; on February 14, 1923, defendant therein filed a demurrer to the complaint. On November 1, 1923, the court made an order directing petitioner to pay his ...
Views: 1
Defendants were engaged in manufacturing, rebuilding and retreading automobile tires at Colton, California, with various branch stores. The plaintiff paid to the defendants $1500 in cash for the privilege of becoming the manager of their branch store at Santa Ana, California. He entered upon his duties as such branch manager, under a written agreement which provided, among other things, that defen...
Views: 0
This appeal, taken to the Second District Court of Appeal from the judgment of the Superior Court of Orange County, has been transferred to this court *292 for decision, and is submitted, by stipulation of the parties, on the briefs on file. The appeal is from a judgment for plaintiffs for the recovery from the defendant Southern California Investment Company the sum of $930.63 by way of cont...
Views: 0
This is an action for specific performance of a contract for the sale of land. Judgment was entered in favor of the plaintiff and the defendant has appealed.
[1] A careful examination of the record shows that there is no allegation, proof or finding on the question of the adequacy of the consideration which the plaintiff agreed to pay for the property. The judgment, therefore, must be reversed. (C...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 276
The plaintiff herein appeals from a judgment for the defendants in an action for damages for personal injuries sustained by reason of a collision between the automobile in which she was riding as a guest and a truck and trailer owned and operated by defen...
Views: 5
Plaintiffs, as stockholders of the defendant corporation, sought an adjudication that an assessment levied upon their stock and a subsequent sale of such stock for nonpayment of that assessment were void. The court found that the assessment was valid; that, while there were irregularities in the proceedings leading up to the sale, yet plaintiffs were not entitled to relief because of noncompliance...
Views: 0
The petitioner, William McBride, was convicted in the Circuit Court of the state of Oregon, for Washington County, under four indictments charging him with larceny and grand larceny, after pleading guilty to the charges, and was on the ninth day of June, 1928, sentenced to be imprisoned in the state penitentiary of the state of Oregon for indeterminate periods, not to exceed five years each, upon ...
Views: 6
This action was brought by plaintiff against defendant for divorce and to secure the custody of and support for Marcelle Mills, the daughter of the parties, of the age of three years. The plaintiff was given an interlocutory decree of divorce, with the custody of the child and twenty dollars ($20) a month for the support of the minor.
The complaint was filed by plaintiff in the Superior Court of S...
Views: 2
This is an action to quiet title. Judgment was entered in favor of the defendants and the plaintiff has appealed.
June 6, 1905, J.G. Schaefer was the owner of a tract of land adjacent to and "southeasterly of the Ballona Road No. 2" (now Washington Boulevard) in Los Angeles County. On that day he executed a deed conveying to A.M. Squire 100.44 acres of the land "lying southwesterly of a line descr...
Views: 0
Appellant, together with two co-defendants, Nick Boreoffi and William Durakoff, were charged in a joint information with the commission of the crime of burglary. The offense was alleged to have been perpetrated in a building located at 1161 Mission Street, San Francisco, commonly known as the Beecher Furniture Company. Appellant, together with the other defendants, pleaded not guilty. After trial...
Views: 5
The defendant was convicted of manslaughter for the negligent driving of an automobile which resulted in a collision and the death of John Browning.
At dusk on the evening of May 31, 1929, the defendant, who is a Filipino, was driving a large Chrysler sedan car containing four other countrymen at a high rate of speed along the Thornton Road in San Joaquin County. At the same time the deceased with...
Views: 5
Two actions and two appeals, numbered respectively in this court 3906 and 3907, are involved herein. The two actions were tried together in the court below, are presented here upon one transcript, and will be decided as though only one action were involved. Both actions were brought to quiet title, one to quiet title to lots 5 and 6 in block "E," and the other to quiet title to lot 7 in block "E,"...
Views: 2
The plaintiff had judgment against R.E. Whittiken and Mayme B. Whittiken, his wife, for the sum of $985.75, and also for the foreclosure of a mechanic's lien on certain property described in the complaint. From this judgment said defendants appeal.
The action was originally begun for the collection of $1750 and the enforcement of a lien to secure the payment thereof, on account of work and labor p...
Views: 1
This is an action for an accounting and partition of certain property described in the plaintiff's complaint. The record shows that on and prior to the fourteenth day of July, 1923, the plaintiff Clara E. Deacon and the defendant Daniel A. Deacon were husband and wife; that on said date an agreement settling and adjusting their property rights was executed and acknowledged. This agreement recited ...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 188
This action was brought by plaintiff (respondent herein), as the assignee of one James H. Hardy, to secure a balance due upon the purchase price of *Page 189
certain promissory notes which the General Mortgage Company, defendant below and appellant herei...
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 action was brought by plaintiff and respondent Lim Ben as the administrator of the estate of Lim Sing Pong, deceased, to recover damages for the death of said decedent, due, it is alleged, to the negligence of the defendant corporation, appellant her...
Views: 3
Petitioner obtained a judgment for damages after verdict by a jury in an action for malicious prosecution, and subsequently the trial court granted a new trial. Petitioner now seeks, by this proceeding in mandamus, to compel the issuance of an execution, claiming that the order granting the new trial was not made within the period of time allowed therefor by section 660 of the Code of Civil Proced...
Views: 0
Claiming that one of defendants’ buildings encroached on their lot, the plaintiffs sued to abate an alleged nuisance. From a judgment in favor of the defendants the plaintiffs have appealed. The defendants’ deed contains a description by metes and bounds and it also contains the following description, “ ... all of lots 6 and 7 as said lots are shown and delineated on that certain map entitled M...
Views: 0
Plaintiff, a judgment creditor of the defendant, had levied execution upon "real property of the defendant upon which defendant had filed a homestead. *163 Plaintiff then instituted this proceeding under sections 1245 to 1261 of the Civil Code for the appointment of appraisers to appraise the homestead property. The trial court denied plaintiff’s petition and she has appealed from the order o...
Views: 1
The plaintiff sued for damages for personal injuries. The cause was tried before a jury and resulted in a verdict in favor of plaintiff for two thousand five hundred dollars. From the judgment following the verdict the defendants have appealed upon typewritten transcripts.
The injuries, which are the basis of the action, were caused while the plaintiff was riding in an automobile operated by the d...
Views: 0
Plaintiff sued to recover storage charges paid to defendant under protest. Defendant had judgment, from which plaintiff has appealed upon typewritten transcripts. Plaintiff stored with defendant a large quantity of copra under a written contract in which defendant agreed to weigh and store the copra in its elevators and to make “prompt and efficient deliveries” when called for. The plan of stor...
Views: 0
Application to amend the record on file herein.
It appears from the affidavit in support of the motion that in the preparation of the bill of exceptions to be used on appeal certain evidence was inadvertently omitted, which evidence is necessary to present to this court the alleged error of the trial court in making its findings that plaintiff was entitled to recover the amount of judgment rendere...
Views: 0
THE COURT.
The defendant was convicted in the Superior Court of El Dorado County of a misdemeanor, to wit, the crime of driving a vehicle on a public highway *Page 144
while under the influence of intoxicating liquor, to wit, violation of section 112 of the California Vehicle Act. (Stats. 1923, p. 553.)
[1] The transcript on appeal was filed in this court September 10, 1929. No brief has been fil...
Views: 0
THE COURT.
The defendant was convicted in the Superior Court of Colusa County of a felony, to wit, the crime of murder in the first degree.
[1] The transcript on appeal was filed in this court July 9, 1929. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on September 3, 1929. No appearance was made for appellant at the time the case ...
Views: 0
On petition of the applicant a writ of habeas corpus was issued and served. Return was duly made and the matter is submitted for decision.
In the Municipal Court of the city of Los Angeles petitioner was convicted on a misdemeanor charge and on January *Page 479
18, 1929, was sentenced to a term of seven months in the city jail. Immediately he gave notice of appeal and the court ordered that he b...
Views: 3
THE COURT.
[1] It appears that the evidence before the Superior Court, in the contempt proceeding, was sufficient to justify that court in finding that the defendant was then and there financially able to make the payments required of him by the court's order. (Inre Rasmussen, 56 Cal.App. 368 [205 P. 72].)
It is therefore ordered that the petitioner be and he hereby is remanded to custody. *Page 4...
Views: 3
THE COURT.
This is a proceeding in mandamus to compel the City Council of the City of Albany and the individual members thereof to submit without delay to the electors of that city at a special election to be called and held pursuant to the provisions of section 2 of the Municipal Consolidation Act of 1913 (Stats. 1913, p. 577) the proposition whether such municipality shall be consolidated with t...
Views: 0
On the thirtieth day of October, 1909, Antonio Izedorio, resided with his wife and family in a dwelling-house situated upon a piece of real property in the city of Hayward. The property was community property, and on said date said Antonio Izedorio duly executed a declaration of homestead thereon, which was thereafter duly recorded in the office of the recorder of Alameda County, California. No ab...
Views: 0
So far as concerns a decision on the application herein for a writ of mandate, the essential facts are that in an action pending in the Superior Court judgment was rendered in favor of the plaintiff, R.S. Howland, and against the defendant, Sallie O. Scott. An appeal was taken by defendant from the judgment rendered against her, and an undertaking to stay execution of the judgment was duly filed. ...
Views: 0
From a judgment of dismissal, entered pursuant to an order sustaining defendant's demurrer to plaintiff's complaint without leave to amend, plaintiff appeals.
The complaint, in substance, alleges that Lynwood is a city of the sixth class and plaintiff was and is a deputy marshal thereof; that defendant was and is a corporation, chiefly engaged in doing street work, and in connection therewith owne...
Views: 3
So far as this proceeding is concerned, the essential facts are that in an action instituted by petitioner Knox in the Superior Court of the County of Riverside (No. 17914 of the files of said court) against one Wyman and Title Guarantee and Trust Company, a corporation, each of said defendants failed to answer the complaint therein, and the default of each of them was regularly taken and judgment...
Views: 5
The respondent Weldon C. Larrabee brought this action against the Republic Bond Mortgage Company, a corporation, and D. Binkhorst, its president, to collect $2,000 claimed to be due as commissions for the sale of the corporation's capital stock. The trial court granted a nonsuit in favor of Binkhorst upon the ground that respondent's contract of employment was with the corporation alone, and at t...
Views: 2
THE COURT.
Plaintiff brought this action to recover damages for personal injuries sustained as a result of being struck by an automobile belonging to defendant Adelaide MacSweeney and driven by defendant Georgena Foote. At the conclusion of the trial the action was dismissed as to Adelaide MacSweeney. Plaintiff sued for $15,000 general damages and $777.06 special damages. The defendant Georgena Fo...
Views: 2
The defendants, J.W. Fain and Bennie Bridgeman, were charged with the theft of an automobile, a Ford coupe, the property of R.K. Hamada. Bridgeman entered a plea of guilty and Fain one of not guilty. Fain was duly convicted and his motion for a new trial was denied. He has appealed from the judgment and the order denying a new trial. Appellant's only contention is that the evidence is insufficient...
Views: 3
The information herein filed January 5, 1929, charges the defendant with the crime of abandoning and leaving his wife in a destitute condition, "on or about the 11th day of July, 1928," and refusing and neglecting to provide her with necessary food, clothing, shelter and medical attendance. The case was tried before the court without a jury, the defendant expressly waiving a jury trial. He was fou...
Views: 5
THE COURT.
[1] The testimony in the above-entitled matter seems to present a substantial conflict upon the question of whether or not the petitioner was injured in the course of his employment; and in that state of the record the finding of the respondent commission is controlling. The application for the writ is, therefore, denied upon that ground. *Page 435 ...
Views: 2
THE COURT.
[1] The petition herein for a writ of mandate to compel the Superior Court, in and for the City and County of San Francisco, to make the necessary order for the taking of the deposition of a witness pursuant to letters rogatory issued out of the Third Court of First Instance of the Republic of Guatemala, is denied upon the grounds that the application made to the Superior Court was not ...
Views: 0
From a judgment following his conviction on each of two counts in an information wherein he was charged with the commission of the crime of robbery, and from an order by which his motion for a new trial was denied, defendant has appealed to this court.
Although on the trial of the action defendant was identified by the sole victim in each of the robberies as the person who committed the crime, by ...
Views: 14
THE COURT.
An appeal from the judgment entered in an action for declaratory relief and for an accounting. *Page 425
The court found that on and prior to November 17, 1926, the plaintiff was the owner of a contract for the purchase from S.T. Carlisle of a gravel producing plant situated on the land of Joseph and Caroline Doetsch in Santa Clara County, the consideration being $5,000, payable in ins...
Views: 0
THE COURT.
This appeal is from an order modifying a judgment theretofore made and entered in accordance with the direction of this court (Purdy v. Johnson, 78 Cal.App. 310 [248 P. 764]), and is the third appeal in this case.
Appellants urge two questions: The first has reference to the trial costs allowed plaintiff, amounting to $905.30, and the other to charging defendants with interest upon cert...
Views: 2
By information filed by the district attorney of Los Angeles County the defendant Tony Nuich was charged with the ‘ ‘ crime of Possession of Still, a Felony, committed as follows: That the said Tony Nuich on or about the 24th day of November, 1928, at and in the County of Los Angeles, State of California, did willfully, unlawfully and feloniously own, operate and cause to be operated, and knowing...
Views: 0
Plaintiff commenced an action against the defendants to recover moneys alleged to be due. The defendants appeared and filed an answer, a counterclaim and a cross-complaint. The plaintiff answered the cross-complaint, and a trial was had before the trial court sitting with a jury. The jury returned a verdict in favor of the plaintiff and from a judgment entered thereon the defendants have appealed ...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 405
THE COURT.
An appeal from a judgment entered against defendants Morrison and Dam. Defendant Wetherbee was not served with summons, and Morrison defaulted. Defendant Dam answered the complaint and is the sole appellant.
On February 29, 1922, Morrison, by a...
Views: 3
Defendant George Wilson was charged by an information filed by the district attorney of San Bernardino County, in each of two counts, with the crime of burglary. To count one he plead guilty, and in due course sentence was passed upon him, committing him to San Quentin. The other count was dismissed on motion of the district attorney.
Before the defendant was removed to the penitentiary in executi...
Views: 9
Appeal by plaintiff, Margery Severns, from a judgment in favor of defendant after the trial court had granted a motion for nonsuit.
The action is one to recover damages for personal injuries, medical expenses and loss of wearing apparel sustained by plaintiff on May 31, 1925, in a collision between an automobile, operated as a so-called jitney bus, in which plaintiff and a woman friend were passen...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 375
The plaintiff appeals from a judgment denying her a right to redeem from defendant, as trustee, the real property described in her pleadings and also quieting defendant's title to the same property. In support of the appeal it is contended that certain fi...
Views: 5
This is an appeal from the judgment of the Superior Court rendered upon a verdict of the jury denying probate of the will of Alfred C. Clark. The appeal is presented on typewritten transcripts.
Alfred C. Clark died on March 11, 1926, at the age of seventy years. He left surviving him as his only heir at law his sister Elizabeth Clark Wiley, who was the contestant in the trial court. Subsequent to ...
Views: 1
This case was tried by the court without a jury, after a waiver of a jury trial by the defendant, his *356 counsel and the district attorney, regularly entered in the record. The whole appeal appears to be predicated upon the belief that the appellate' court can pass upon conflicting evidence. The objection is made that the trial court “could have given no credit whatever to the witnesses for...
Views: 3
The defendant was convicted of a criminal charge and has appealed to this court from the judgment rendered against him. Meanwhile he is confined in the county jail, and he now moves that he be admitted to bail pending the determination of his appeal, because of threatened danger to his health by reason of his incarceration.
Respondent contends that we are without jurisdiction to grant the motion f...
Views: 4
The action in the municipal court was brought to recover judgment for an amount within the jurisdiction of that court. Judgment having been entered in favor of the plaintiff, the defendant appealed to the Superior Court. The motion to dismiss appeal was made upon the ground that the appellant at no time justified the sureties on her undertaking on appeal after exception to the same had been taken ...
Views: 0
Defendant appeals from a judgment of conviction of the crime denounced by section 288a of the *Page 346
Penal Code of the state of California, with which he was charged by an information filed by the district attorney of Ventura County. The victim of the alleged unlawful conduct of the defendant was a lad of the age of seven years.
The grounds upon which the appellant urges a reversal of the judg...
Views: 1
THE COURT.
Action to recover $2,000, being four months' rent of certain premises leased to the defendant by Frank McCoy and Florence McCoy, his wife, who by an instrument in writing assigned to the plaintiff their claim therefor. The plaintiff also asked for the sum of $250 as an attorney's fee for prosecuting the action, the lease between the McCoys and the defendant having provided that if suit ...
Views: 0
On October 23, 1926, suit was filed in the Superior Court of Riverside County by Samuel H. Gunder against his then wife, the petitioner herein, for the cancellation of a property settlement theretofore consummated between them. Judgment was rendered in favor of the plaintiff on November 4, 1927, declaring null and void a quitclaim deed, and a bill of sale, awarding him possession of the real and p...
Views: 4
The plaintiff sued the defendants to recover a bank deposit. The bank appeared and answered. The defendant Cosette D. Allan, as administratrix of the estate of Margaret J. Allan, appeared and answered and filed a cross-complaint. The cross-complaint was answered, and on the issues so framed a trial was had before the court sitting without a jury. The court made findings in favor of the defendant a...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 317
Defendants appeal from a judgment awarded to plaintiff for the contract price of certain machinery, sold and installed by the latter at a certain oil-well.
It is conceded that the parties entered into a contract whereby the respondent was to sell and inst...
Views: 0
The plaintiff commenced an action against the defendant for separate maintenance. Therein she alleged cruelty on the part of the defendant. The defendant interposed an answer in which he denied the allegations of plaintiff's complaint and he also set up a cross-complaint alleging in one count plaintiff's desertion of him and in another count the extreme cruelty of the plaintiff. The plaintiff answ...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 304
THE COURT.
The defendant is the owner of certain real property in Lake County. Early in 1927 the parties to the action and Fred T. Winter entered into negotiations for the sale and purchase of the property. On February 1st of that year a written agreement...
Views: 3
The defendant was charged with the crime of burglary and with a prior conviction of the crime of rape. He entered a plea of not guilty but admitted the prior conviction. He was convicted of burglary in the second degree. This is an appeal from the judgment and the order denying a new trial.
The appellant contends that the evidence is insufficient to justify his conviction. He resided with his moth...
Views: 0
The information herein charges: "That . . . the said Ray Haney did, wilfully, unlawfully and knowingly sell intoxicating liquor to one Kelton Blurton, *Page 297
which said act then and there tended to cause and encourage said Kelton Blurton to come under the provisions of subdivision 8 and subdivision 11 of section 1 of the Juvenile Court Law; and then and there tended to cause and encourage said...
Views: 1
To an information filed by the district attorney of Los Angeles County, wherein it was charged that the defendant and respondent "did wilfully, unlawfully and feloniously and intentionally escape from the lawful care, custody and control of the State Narcotic Hospital at Spadra, Los Angeles County, California, and . . . then and there being in the lawful care, custody and control of the said Hospi...
Views: 2
The plaintiff commenced an action against the defendant to foreclose a contractor’s lien. The defendant appeared and answered and also filed a cross-complaint. The plaintiff answered the cross-complaint and the case was tried before the court sitting without a jury. The trial court made findings of fact in favor of the defendant and from a judgment entered thereon the plaintiff has appealed, and ...
Views: 0
THE COURT.
This matter is before the court on petition for a writ ofhabeas corpus to determine as between petitioner, Frank Marshall, and respondents, Aileen H. Haremza and Donald Haremza, the right to the custody of Betty Nadine Anderson, a minor child, not related by blood to either petitioner or respondents.
The history of the case, as disclosed by the record, is as follows: On October 10, 1923...
Views: 2
The appellant was charged with possession, control, ownership and operation of a distilling device, intended and used for the manufacture and production of intoxicating liquor, and appeals from a judgment of conviction.
On the evening of January 28, 1929, two officers visited a house in the city of Los Angeles, and while inspecting the premises Roy Helt drove to the rear, parallel with the garage,...
Views: 1
[1] Since the appeal and the filing of the opening brief in this case, wherein the only points raised were as to the jurisdiction of the trial court and the sufficiency of the evidence to support the judgments, appellants filed a petition for a writ of habeas corpus, also raising the question of jurisdiction. The writ of habeas corpus was granted, and appellants were discharged upon that ground. (...
Views: 0
Plaintiff sued in mandamus to require the defendants to award her a pension from the police relief and pension fund, maintained under the provisions of the municipal charter of the city and county of San Francisco. Plaintiff had judgment in the Superior Court and the defendants have appealed on typewritten transcripts.
Plaintiff is the widow of Austin J. Mogan, deceased, a former member of the San...
Views: 7
Plaintiffs sued to recover damages for the death of William Murphy, the husband and father of plaintiffs, resulting from an automobile collision. The cause was tried before a jury, which returned a verdict for defendant. Plaintiffs' motion for a new trial was granted and the defendant appeals from that order upon a typewritten record.
[1] Though the motion for a new trial was made upon all legal g...
Views: 2
Defendant appeals from a judgment of conviction of the crime of escaping from an officer (sec. 107, Pen. Code) and from an order denying his motion for a new trial.
It is an admitted fact that defendant, while in the custody of the sheriff under lawful judgment of imprisonment for a misdemeanor, and while working in the prison camp of San Bernardino County, made his escape from the custody of the ...
Views: 8
This is a contest of an objection to the admission to probate of the will of Cecilia M. Struve, deceased. The cause was tried before the court sitting with a jury and resulted in a verdict in favor of the proponent of the will. The contestant has appealed on a typewritten transcript.
The contest was instituted by Edgar Struve, a son of the deceased. The grounds of the contest were unsoundness of m...
Views: 2
On a complaint charging that the defendant had committed a felony, the police court made an order holding him to answer before the Superior Court. An order was made admitting him to bail "in the sum of one thousand dollars by bond or by the deposit of five hundred dollars in coin." On May 5, 1927, the defendant furnished a bond executed by the National Surety Company in words and figures as follow...
Views: 0
Plaintiffs sued in two causes of action charging conspiracy and fraud in the sale and exchange of real property. The action was tried before a jury and resulted in a verdict for defendants. Plaintiffs have appealed on a bill of exceptions.
The theory of the complaint is that the plaintiffs employed the three first-named defendants, doing business under the name of Stockton City Realty Company, to ...
Views: 0
The appellant in this case was found guilty upon an information charging that he unlawfully sold whisky containing more than one-half of one per centum of alcohol. A motion for a new trial thereafter interposed in his behalf was denied, and he appeals from the judgment and from the order denying said motion.
[1] It is insisted that the evidence adduced by the People entirely failed to show that th...
Views: 0
The respondents have made a motion to dismiss the appeal herein on the ground that the judgment appealed from is a nullity and on the further ground that a reversal of the judgment would be an idle act and not affect the force or finality of a judgment of nonsuit. The pertinent facts are as follows: At the close of plaintiff's case and on October 15, 1928, the defendants and respondents made a mot...
Views: 0
The appellant and one Walter Dayly were charged by information, consisting of three counts, filed by the district attorney of Los Angeles County, with having on or about January 23, 1929, feloniously and burglariously entered the house of Abram Zacharonsky, with intent to commit theft; with having robbed said Zacharonsky, and also with having robbed Elizabeth Zacharonsky. Dayly testified for the P...
Views: 2
In brief, the history of the litigation represented by this appeal is that in the month of May, 1925, defendant was convicted of the crime of robbery. His appeal from the judgment rendered against him resulted in an affirmance of such judgment. (People
v. Smith, 76 Cal.App. 105 [243 P. 882].) In the month of January, 1929, which was nearly four years after the date of his *Page 234
conviction, de...
Views: 15
Judgment was rendered for the plaintiff against the appellant. corporation for certain sums found to be due for services rendered under an oral contract, and certain sums as damages through loss of employment, the total judgment being the sum of $1688. There was evidence which showed that at the time such agreement was made the general manager of said corporation, who was also the majority stoc...
Views: 0
These two actions for services rendered were consolidated for trial before the court without a jury. Plaintiff had a single judgment against the defendant Martin in the sum of $1376.08, but was denied judgment against the Growers Association. The defendant Martin has appealed from the judgment upon typewritten transcripts.
The controversy arises out of the alleged employment of the plaintiff by th...
Views: 0
Plaintiff appeals from orders of the Superior Court granting defendants' motions for nonsuit and from the resulting judgment entered in favor of defendants.
The action is one to recover damages from the defendants arising from their alleged acts in jointly causing an autopsy to be performed upon the body of Thomas H. Huntly, deceased, husband of plaintiff herein.
Mr. Huntly died in the county of L...
Views: 5
This is an appeal from a judgment on the pleadings. The plaintiff filed a complaint alleging that she had prior to March 31, 1920, maintained an action for divorce against the defendant in Minnesota; that the plaintiff and defendant signed a stipulation that if the court should award a decree it should incorporate therein an order for the defendant to pay plaintiff the sum of $75 per month as alim...
Views: 1
Action for damages for false arrest and imprisonment. Trial by the court without a jury. Findings and judgment for defendant. Plaintiff appeals therefrom and from an order denying his motion for a new trial.
The plaintiff, at the time of the arrest and imprisonment complained of, which occurred on the eleventh day of August, 1926, was seventy-nine years of age, somewhat infirm from a nervous affli...
Views: 0
THE COURT.
[1] It is ordered that the petition for a writ of mandate in the above-entitled matter be denied on the ground that the application was not made to the Superior Court in the first instance....
Views: 0
THE COURT.
This is an appeal by defendants from a judgment setting aside two deeds to a ranch in Alameda County.
The plaintiff Frank E. Faria and the defendant Adeline Faria were married in 1912 and in July, 1926, Mrs. Faria obtained an interlocutory decree of divorce upon the ground of extreme cruelty. The other two defendants are the minor children of that marriage. The ranch contains approximat...
Views: 7
Defendant appeals from an adverse judgment in the sum of $481.88 in an action to recover damages for the alleged negligent injury to plaintiff's right of way fence, committed by defendant while performing certain highway construction work under a written contract with the county of Marin. The appeal is taken on the judgment-roll alone, and the points urged for reversal are that the complaint does ...
Views: 2
This is an action for divorce. The trial court granted the husband, who is the defendant herein, a decree of divorce on the ground of desertion. Plaintiff appeals, claiming that the evidence is insufficient to sustain such decree.
The gist of plaintiff's contention is that the finding of desertion rests wholly upon her alleged refusal to reside in the home selected by the defendant. As to such fin...
Views: 0
This is an appeal by defendant, George J. Shoenhair, from a judgment entered against him upon a promissory note for $6,000, together with interest, costs and attorney's fees.
In the spring of 1921 appellant, George J. Shoenhair, was in Atlantic, Iowa, trying to negotiate an exchange of several pieces of land owned by him in California, with a man named Chunning, for lands and securities in North D...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 154
This is an action to quiet title. Defendants appeal from a decree awarded to plaintiff.
It is difficult to ascertain on what grounds a reversal is sought. Appellants' brief is a mixture of rambling and more or less disconnected narrative and discussion. N...
Views: 1
THE COURT.
The defendant was charged in an information filed in the Superior Court in and for the County of Fresno with a felony, to wit, the possession of a blackjack or slungshot. He was convicted, and from the judgment and an order denying his motion for a new trial has appealed.
The information was based on section 1 of chapter 323 of the Statutes of California (Stats. 1925, p. 542): The secti...
Views: 5
This is an appeal from a judgment denying a petition for a writ of review.
The record on appeal shows that the petitioner filed against Robert H. and Lea Lindsay, husband and wife, in the Justice's Court of Vallejo township, Solano County, a complaint based upon an account stated; that process was *Page 147
duly served upon the defendants, who failed to appear or answer, and judgment was thereupo...
Views: 0
This cause is before us upon the petition of the above-named Phebe M. Rideout seeking a mandatory writ from this court directing the payment to her of the sum of $24,811.14 in cash, by the respondent herein, as treasurer of the county of Yuba.
The petitioner's cause of action is based upon a certain agreement dated the fourteenth day of May, 1929, entered into between the petitioner as the party o...
Views: 0
THE COURT.
This appeal is taken by appellant from the judgment in its favor for the sum of $250 and in favor of respondents for their costs incurred in the action amounting to $147.47. There are five counts or causes of action set forth in the complaint. The first four are for damages because of the alleged breach of a certain contract existing between appellant and respondents. The fifth is a cau...
Views: 2
THE COURT.
[1] Denied without prejudice on the ground that it does not appear that the petitioner has applied to the Superior Court of Stanislaus County for a writ of prohibition to restrain further action under the ordinance complained of on the grounds that section 1 of said ordinance is not an emergency measure. *Page 126 ...
Views: 0
The defendant was found guilty and sentenced on three charges of robbery, two counts of "attempt to commit robbery," and one of burglary. He appeals from the judgments pronounced upon the verdicts and from the order denying his motion for a new trial.
Inasmuch as it is one of appellant's contentions that error was committed by the court in permitting the district attorney to amend the information ...
Views: 8
Action to recover upon an insurance policy, issued by defendant company, for a fire loss. The facts show that one L. Ollason was the owner of the land *Page 110
upon which the building destroyed was situated. Some time prior to the year 1908, he had leased the land to a Chinaman, who erected thereon an apple evaporating plant. The lease was subsequently assigned and the business transferred to on...
Views: 2
MEMORANDUM OPINION. (As announced from the bench July 22, 1929.)
THE COURT.
[1] The only point presented on the appeal is that the evidence is insufficient to support the verdict in this, that there is no substantial evidence to prove the charge that the defendant while driving his automobile as alleged in the information, was under the influence of intoxicating liq...
Views: 0
THE COURT.
[1] The notice of appeal was filed more than sixty days after entry of judgment, and more than thirty days after denial of the motion for a new trial. This was too late. (Code Civ. Proc., sec. 939; Schainman v. Kierce, 199 Cal. 249 [248 P. 905].)
The motion is granted and the appeal is dismissed....
Views: 0
THE COURT.
[1] This is an appeal by plaintiff from an order denying his motion to vacate the judgment and *Page 105
enter a different one upon the ground that the conclusions of law were incorrect, erroneous, and not consistent with nor supported by the findings of fact. No appeal was taken from the judgment, and consequently in that state of the record none of the facts of the case can be consid...
Views: 0
[1] The defendants Alldredge appealed on April 25, 1929, from a judgment entered against them and in favor of the plaintiff in the county of Los Angeles on April 15, 1929, by filing merely a formal notice of appeal. No transcript has been filed, and the county clerk certifies that none has been ordered prepared, or any further steps taken toward perfecting said appeal. The time for filing the tran...
Views: 0
The defendant was convicted on five counts, contained in two informations. In each instance the conviction is of burglary in the second degree.
The corpus delicti, of each crime, was fully established. The failure of the court, on certain occasions during the trial, to admonish the jury as required by section 1122 of the Penal Code, was an irregularity, but not shown to have been prejudicial to an...
Views: 16
More than three years after the date of the affirmance by this court of a judgment of conviction against him, defendant made a motion in the trial court to vacate said original judgment. The motion was denied. Thereupon defendant appealed to this court from the order denying such motion. The instant proceeding is a motion made in this court by respondent to dismiss said appeal on the ground that t...
Views: 5
The plaintiff, B. A. Soberanes, appeals from an adverse judgment in an action to recover on a rejected claim presented by him against the estate of Salvador Espinosa, deceased, for compensation alleged to be due him as trustee of an express trust created by the decedent about nine years prior to his death. Respondent contended before the trial court, as here, that the trust estate and not the est...
Views: 0
Petition for a writ of supersedeas.
The record shows that a certain judgment was obtained by plaintiff against defendant, petitioner herein, for the sum of $2,500. The action in which such judgment was rendered was one brought on an accident and health insurance policy.
Defendant moved for a new trial, which motion was denied on the fourth day of April, 1929, and thereafter it perfected an appeal ...
Views: 0
Defendant appeals from a judgment of conviction of the crime of assault with a deadly weapon, and from an order denying his motion for a new trial.
[1] The first point presented by appellant for a reversal of the judgment is that on the trial of the action the trial court erred in permitting the deposition of a certain witness given at the preliminary examination of defendant to be read in evidenc...
Views: 7
An information was filed in the Superior Court of the City and County of San Francisco charging the defendant with two offenses, namely, the theft of two sums of money from the Robert Dollar Company, which is a corporation engaged in carrying passengers and freight. He was convicted upon the first charge and acquitted on the second. The appeal is from the judgment of conviction and an order den...
Views: 7
THE COURT.
Plaintiffs recovered judgment upon two counts: First, $300 balance due upon a promissory note, together with attorney fees and costs, and, second, $500 for real estate broker's commission. Defendant appeals.
The plaintiffs sued in the style as above set forth in the title of this cause. The promissory note sued upon was made payable to the order of "Hall Baker Co." No assignment of the ...
Views: 0
THE COURT.
An appeal by one of the plaintiffs in the above action from a judgment on the pleadings in favor of the defendant.
The action was one for the cancellation of two promissory notes executed by the plaintiffs to the defendant on October 8, 1926, and the latter by his cross-complaint sought to recover on the notes. The amended complaint alleged that the defendant was the owner of a permit t...
Views: 1
Plaintiff appeals from "the order of dismissal and the judgment . . . and presents for review . . . order denying motion for judgment . . .; order denying motion to return amended answer . . .; order denying motion to vacate order setting trial . . .; order denying motion to strike original answer."
[1] The record herein contains nothing other than a so-called "Clerk's Transcript" – no bill of exc...
Views: 4
Plaintiffs appeal from a judgment rendered against them in consequence of an order sustaining a demurrer to their complaint against defendants without leave to amend the complaint.
The action was for damages alleged to have been suffered by plaintiffs by reason of the malicious prosecution of a criminal action against them instituted and maintained by defendants. The gist of the complaint was that...
Views: 1
This action was brought by Anne L. Dougan, now deceased, against the three defendants, Miller Automobile Company, Louis E. Bagwill and J.B. Hawley, to recover damages alleged to have been sustained in an automobile accident. The cause was tried with a jury; the action was dismissed in open court as to the Miller Automobile Company, and the jury returned a verdict in favor of the plaintiff and agai...
Views: 5
Plaintiff sued to quiet title to real property situated in Alameda County and to require the defendant Bettencourt to execute a deed of conveyance in accordance with an oral agreement so to do. The trial court found for the plaintiff and entered judgment as prayed in the amended complaint. The defendants appeal on typewritten transcripts.
In the month of May, 1911, the plaintiff became engaged to ...
Views: 0
THE COURT.
This is an action by the payee of three promissory notes to recover $364.25 and interest alleged to be due from the maker of the notes, which notes represent a portion of the installments of the purchase price of a soda fountain sold by plaintiff to defendant under a conditional sales contract for the total price of $2,217. Certain down payments were made and the balance under the contr...
Views: 0
THE COURT.
An original application for a writ of prohibition to the Superior Court of the City and County of San Francisco, directing said court to desist and refrain *Page 39
from further proceedings in an action pending therein, which was commenced on November 10, 1925, by Katherine Horton against George and Emma Lindsey, and is numbered 163152 according to the register of actions in said court...
Views: 0
An alternative writ of prohibition issued out of this court in the usual form, directing the defendants to desist and refrain from taking further proceedings in the case entitled W.F.Carpenter et al. v. O.E. Boyd et al., No. 228593, pending in defendant court until a certain return date upon which defendants were directed to show cause why defendants herein "should not be restrained and prohibited...
Views: 0
Plaintiff, Charles Stuart Booth, and defendant, Lola Warrington Booth, are husband and wife. Plaintiff commenced this action for divorce. The defendant asked for separate maintenance. The court denied the divorce and granted the defendant separate maintenance in the sum of $125 per month. The plaintiff appeals from the judgment. He does not complain of the judgment in so far as it denies him a div...
Views: 5
THE COURT.
An appeal from a judgment dismissing the above action for want of prosecution.
The action was one to quiet the title to certain real property situated in San Francisco, the complaint (which was filed on June 17, 1919) alleging title in the plaintiff with the right to possession. The original defendants were Louisa and William Crichton, who, on September 3, 1919, filed an answer to the c...
Views: 0
The appellant was charged jointly with two others with having committed grand theft, forgery and conspiracy to cheat and defraud, in the county of Los Angeles. Having been convicted by a jury of these offenses, he appeals. Since a serious question is raised as to the regularity of the impanelment of the jury, which, if tenable, renders all subsequent proceedings in the trial court nugatory and the...
Views: 5
THE COURT.
This action was brought to recover the amount paid on the purchase price of certain real property which plaintiffs agreed to buy from defendant corporation. The agreement was in writing and was dated June 22, 1926. The purchase price was $2,875, of which $720 was paid, the balance being payable in installments of $50 each month with interest. Title to the property was retained by defend...
Views: 1
On July 30, 1924, appellant and respondent entered into a written agreement whereby respondent, who owned an equity in a certain ranch in Riverside County, California, agreed to deed his equity therein, together with certain personal property located on the ranch, to appellant, who in turn agreed to deliver to respondent a certain Willys-Knight automobile and also to deliver to respondent an agree...
Views: 0
THE COURT.
The above two actions wherein Fillipio Regalia is plaintiff and respondent and Tony Mariani is defendant and appellant in one and in the other Tony Mariani is plaintiff and appellant and Fillipio Regalia is defendant and respondent, were consolidated in the lower court and tried together and a single judgment entered, the court adjudging that Fillipio Regalia have and recover from Tony ...
Views: 1
The plaintiff commenced an action to obtain a divorce from the defendant. He pleaded desertion and wilful neglect. The defendant filed an answer denying both charges. A trial was had before the court sitting without a jury. The trial court made findings of fact in favor of the defendant and the plaintiff has appealed under section 953a of the Code of Civil Procedure.
[1] The plaintiff contends tha...
Views: 1
By this action appellant Mary E. Daly, housemaid and servant of respondent Mary A. Wight, seeks to recover damages from said respondent and from respondents Anderson Brothers, plumbers, who were engaged in repairing the plumbing in the basement of the Wight home. It is alleged that appellant sustained personal injuries in the course of her employment by reason of the negligence of the several resp...
Views: 0
On conviction of the offense commonly known as that of contributing to the delinquency of a minor, defendant was sentenced to a term of eighteen months in the county jail. He appeals from the judgment. *Page 124
Subdivision 11 of section 1 of the Juvenile Court Law (Stats. 1915, p. 1225, as variously amended), contains the provision that it shall apply to one "who is leading, or from any cause is...
Views: 7
An affidavit was filed setting forth certain matters alleged to have occurred since the twentieth day of June, 1928, and since entry of an interlocutory decree of divorce, in which interlocutory decree the custody of three minor children had been fixed and determined. It appears that the trial court issued an order directing the plaintiff and petitioner herein to show cause why the custody of said...
Views: 1
The district attorney filed an information against the defendants, charging them with robbery, and in the second count charging them with conspiracy to commit robbery. They pleaded not guilty. Both were tried together before the court sitting with a jury. The jury found each defendant not guilty of robbery and it found *Page 118
each defendant guilty of conspiracy to commit robbery. Both defendan...
Views: 0
Plaintiff sued under section 1723 of the Code of Civil Procedure to terminate the life estate of Elizabeth Bryan in real property situated in Sonoma County. The defendant had judgment and the plaintiff has appealed upon a bill of exceptions.
Thomas J. Bryan died testate on April 19, 1882. His wife, Elizabeth Bryan, was named as executrix in the will, and to her he left, during her lifetime, all hi...
Views: 0
Plaintiff sued to recover damages for personal injuries occurring in the course of his employment in the cement plant of the defendant. The • jury returned a verdict in favor of plaintiff for $11,500, to which the trial *110 judge added $500 attorneys’ fees, the action being prosecuted under the special provisions of section 29(b) of the Workmen’s Compensation Act (Stats. 1917, p. 831), as amen...
Views: 0
August 5, 1922, Emma D. Potter, plaintiff’s mother, signed and acknowledged two deeds, purporting to convey real property to her husband, the defendant herein, who is the stepfather of the plaintiff. The first amended complaint contains three counts. The first and third counts allege mental weakness on the part of Mrs. Potter and undue influence on the part of the defendant. The second alleges th...
Views: 0
Appellant was accused by indictment of violating the provisions of chapter 339 of the Statutes of 1923 (Stats. 1923, p. 695), it being charged that, having been previously convicted of and served a term in the state prison for the crime of grand larceny, he did, on March 3, 1928, in the city and county of San Francisco, feloniously possess and carry concealed upon his person a loaded revolver. Upo...
Views: 5
Action to recover the value of certain personal property alleged to belong to plaintiff, which was sold at sheriff’s sale. The property so sold is claimed to be of the value of $6,674.16. Plaintiff acquired the property by assignment from one W. W. Taft, as hereinafter set forth. Defendant Mitchell by separate answer denied that plaintiff owned the property or that it was of the value alleged in ...
Views: 0
This is an appeal from a judgment for damages for negligence which is alleged to have caused the destruction of pasturage and cordwood by means of a grass fire.
The defendant owned a right of way along which it was engaged with a gang of workmen in reconstructing a line of electric power poles. Fifteen or twenty men under the direct supervision of Mr. Mahan, a subforeman, were employed setting pol...
Views: 2
This is an action to quiet title to a strip of land formerly occupied by the defendant Railway Company as a right of way. The complaint is in the usual short form. The answer of the defendants Young and *Page 76
Alphonso and Margaret Swaboda deny the allegations of the complaint. Their denial of the allegation that their claims are unfounded is in the following language: "Defendants deny that the...
Views: 0
*74 sum of $1,600 and appropriated the same” to its own use. Other appropriate allegations are made. The purpose of the action is to recover the difference between the partnership indebtedness of $900 and the amount which the partnership otherwise would have received from its sublessees. The answer denies most of the allegations of the complaint. It denies the alleged assignment from the part...
Views: 0
In this action for the recovery of money loaned judgment went for plaintiffs and defendant appeals.
[1] It is contended that the superior court was without jurisdiction of the cause, upon the theory that the evidence disclosed that the amount loaned was but $250, and that this sum was less than $300, the latter amount representing the limit of the jurisdiction of the superior court. The complaint ...
Views: 0
This appeal presents for our consideration an action wherein it is alleged in the complaint that the defendant Elsie Hockensmith, on or about the twenty-sixth day of May, 1925, spoke to one L. Chalfant, of and concerning the plaintiffs, the following words, to wit: "If you will watch the premises at 730 Spence Street you will find that these people are peddling whiskey or peddling dope." The plain...
Views: 0
Plaintiff Keturah T. Migala brought this action against her former husband, William E. Rickard, to rescind a property settlement made between them on or about May 22, 1922, upon the ground that she was induced to make the settlement through the fraud, deceit, misrepresentations and undue influence of said William E. Rickard.
William E. Rickard died before the case was tried, and Charlotte Rickard ...
Views: 4
This is a proceeding in mandamus to require respondents to act upon an annexation petition with a view to determining whether a special election should be called to vote upon the proposition of annexation.
The respondents, by demurrer and answer, have presented but two excuses for their failure to act which require consideration.
[1] First, it is pleaded that another action of the same character i...
Views: 0
This is an appeal from an order appointing a guardian of the person of Violet Hartman, a minor child nine years of age.
When about six months old her father, the appellant, and her mother were divorced. Her mother was awarded the decree upon the ground of extreme cruelty and she was awarded to the custody of her mother, her father being ordered by the decree to pay a monthly sum for her support. D...
Views: 0
Appeal is taken from an order vacating a final decree of divorce. By an interlocutory judgment of divorce made March 5, 1926, and entered March 8, 1926, it was adjudged that plaintiff was entitled to a divorce from the defaulting defendant. The judgment did not include or refer to the court's order, also made on March 5th, awarding plaintiff certain household goods and the custody of the minor chi...
Views: 1
This is an appeal from a judgment of the Superior Court of the county of Los Angeles finding that there is due the plaintiff the sum of $7,277, based upon a judgment of divorce entered in the Superior Court of King County, in the State of Washington, adjudging the plaintiff in this action entitled to a divorce from the defendant herein, and awarding the plaintiff alimony, payable in monthly instal...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 39
This is an appeal by the People from a judgment of the Superior Court, dismissing the action after an order sustaining a demurrer to an amended information. The information contained five counts. The first two counts charged the defendant with offenses of ...
Views: 1
The grand jury of San Diego County returned an indictment against the defendant charging him in count one with grand theft, in count two with a violation of the Corporate Securities Act (Stats. 1917, p. 673), for having sold securities without a license, and in count three with violation of the same statute in acting as a broker and conducting a brokerage business without a license. At the close o...
Views: 2
On the eighteenth day of February, 1929, in the Superior Court of Los Angeles County, an indictment was returned whereby the petitioner and seven others were charged with the crime of criminal conspiracy, a felony, to wit, a conspiracy to commit the crime of falsely and maliciously procuring another to be charged and arrested for a crime in violation of subdivision 2, section 182, of the Penal Cod...
Views: 1
This appeal is from a judgment made pursuant to an order of nonsuit in an action in which plaintiffs sought to have it judicially declared that by virtue of a subsisting agreement between the parties certain property owned by defendants was held by them subject to restrictions thereon that it should not be "leased or rented to any person or persons other than of the white or Caucasian race, . . . ...
Views: 0
This cause is before us upon an appeal by the defendants Banca Popolare Fugazi, F.N. Belgrano, Sr., and F.N. Belgrano, Jr., from an order of the Superior Court in and for the county of Santa Barbara, denying their motion for a change of place of trial of said action to the city and county of San Francisco. The grounds of their motion are that no cause of action is stated in the complaint against t...
Views: 2
From each of three declaratory judgments the defendant has áppealed. In each case the point is made that the trial court had no jurisdiction to determine the validity of Ordinance No. 268 of the City of Piedmont. On the authority of Andrews v. City of Piedmont (No. 6624), ante, p. 700 [281 Pac. 78], this day filed, the point may not be sustained. In the view we take of the record it is unnecessary...
Views: 0
This is an application for a writ of mandate to compel the municipal authorities to issue to the plaintiff a building permit. It was tried one week later than the action entitledAndrews v. City of Piedmont, ante, p. 700 [281 P. 78], this day filed. [1] While the actions were tried separately, the parties stipulated that the evidence in each case could be used in the other; that the reporters' tran...
Views: 0
The questions presented in this case are the same as those raised by appellant in the case of D.F. Appling v. Minarets Western Ry. Co. (Civ. No. 6666), ante, p. 621 [280 P. 1029], this day decided by this court. [1] Upon the authority of that case the judgment herein is affirmed.
Nourse, Acting P.J., and Sturtevant, J., concurred.
A petition for a rehearing of this cause was denied by the District...
Views: 0
THE COURT.
This is an action to recover from the defendants on their alleged liability as stockholders of the Joe Gianelli Company, a corporation, for debts incurred by the *Page 800
corporation since the death of Guisseppe Gianelli, who owned nine hundred shares of the capital stock of the corporation. The demurrers of the defendants Joe Gianelli, Jr., B.R. Gianelli, Louiga Gianelli and Louisa G...
Views: 0
THE COURT.
[1] The opinion in the above-entitled action filed July 12, 1929 (Gallagher v. Voyce, 99 Cal.App. 791 [279 P. 490]), was responsive to the appeal taken in that certain action numbered 146089 of the records of the Superior Court of the state of California, in and for the City and County of San Francisco. By stipulation of the parties another action, numbered 146087,E.J. Gallagher, Plaint...
Views: 0
MEMORANDUM CASES.
THE COURT.
Upon the authority of the case of In re Lovall, on HabeasCorpus, 207 Cal. 544 [279 P. 452], recently decided by the Supreme Court, distinguishing the questions involved in the above-entitled case from that of Robertson v. Langford, 95 Cal.App. 414
[273 P. 150], it is hereby ordered that the writ prayed for be and the same is hereby granted....
Views: 0
Through the medium of a writ of habeas corpus issued by order of this court, the father of a minor child (petitioner herein) seeks its custody.
[1] By the answer and return to the writ it appears that in a former habeas corpus proceeding instituted in the Superior Court by the petitioner herein in behalf of the same minor child, on the identical state of facts as are alleged in this proceeding, an...
Views: 0
From a judgment of conviction of the crime of grand theft, with two prior convictions of felony, and from an order denying his motion for a new trial, *Page 793
defendant has appealed to this court. The action was tried before the court sitting without a jury.
From the evidence introduced on the trial, it appears that an oriental rug which had been rented by, and which was in the possession of, W...
Views: 9
Defendant appeals from a judgment of conviction of the crime of involuntary manslaughter, and from an order denying his motion for a new trial. *Page 787
From the evidence the jury would have been justified in concluding that the essential facts in the case were that as defendant was operating an automobile southerly on a public thoroughfare at an intersection of said thoroughfare with another pu...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 777
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 778
Respondent was injured and his automobile damaged as a result of a collision which happened at the intersectio...
Views: 3
Plaintiff had judgment for the sum of $1500 in an action brought to recover that amount paid to the defendants as a part of the purchase price of certain lots in the city and county of Los Angeles. From this judgment the defendants appeal.
The court found that on or about the twenty-fourth day of October, 1924, the plaintiff and defendants entered into a certain agreement in the following words an...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 758
This is an action in claim and delivery, whereby plaintiff seeks to recover possession of certain personal property alleged to be wrongfully withheld from her by defendants. Plaintiff further claims damages for and on account of said withholding. Judgment...
Views: 0
This is an appeal from a judgment in an action upon a fruit marketing contract to recover money alleged to have been wrongfully withheld by the respondent.
The respondent is a produce marketing corporation. June 1, 1917, the parties to this action executed a written contract by the terms of which the respondent agreed to promptly sell and market, as appellant's agent, all his deciduous fruit which...
Views: 4
Plaintiff executed to Charles Cohn, deceased, during his lifetime, a deed conveying to him certain real property, with improvements thereon, in the city and county of San Francisco. This action is brought against the executors of said Charles Cohn, deceased, for the purpose of having said deed, which is absolute in form, declared to be a mortgage. The complaint alleged that pursuant to agreement, ...
Views: 2
Page 408
Appellant, Sarah Jane Woodhead, signed and filed a petition in the probate court asking to be appointed guardian of the person of Frances Hann, a minor, alleging that the said minor was an orphan of the age of sixteen years, in the custody of the Associated Charities of San Francisco. The Children's Agency of the Associated Charities filed an opposition to the said petition alleging that the said ...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 738
Plaintiff recovered judgment for the sum of $600 paid by her and her assignor for the purchase from defendant corporation of six shares of its preferred stock. The stock was sold and purchased in the state of California at a time when the said corporation...
Views: 11
Plaintiff commenced an action to secure a decree compelling the specific performance of a contract of partition entered into between plaintiff and defendant Arthur Kunde. The remaining defendants are fictitious persons and upon the opening of the trial the action was dismissed as to these. The parties hereto, plaintiff' and defendant, on July 31, 1923, purchased certain parcels of land and held...
Views: 4
THE COURT.
[1] The parties have stipulated to submit this appeal for decision upon the appellant's opening brief. The cause, therefore, may be decided on the statement of facts contained in such brief. (Rule V of the Supreme Court and District Courts of Appeal.) The following facts are stated in such brief:
[2] "This is an appeal by Virena V. Russell from the order of the court denying her applica...
Views: 0
This cause is before us upon the defendants' appeal from an order of the trial court granting the plaintiff's motion for a new trial on the ground of insufficiency of the evidence to sustain the verdict.
The action is based upon the alleged negligence of the defendant Fred C. Jackson, in driving an automobile in such a manner as to result in the death of A.H. Armstead, the husband of the plaintiff...
Views: 0
The plaintiff began this action to recover possession of a certain "Harris" harvester and 55-horse-power motor, together with certain appurtenances described in the complaint, constituting a harvesting outfit, and in the event possession could not be had, then for the recovery of $2,000 as damages. The complaint alleges that on the twenty-first day of March, 1928, the plaintiff was in the actual p...
Views: 7
The complaint in this action is upon a promissory note in the ordinary and usual form, *Page 708
executed by The Rosemead Company, a common law trust, and indorsed by the individual defendants. By way of answer the defendants, appellants here, admitting nonpayment, set up as an affirmative defense that prior to the execution of the note a building contract had been entered into by one Jones and t...
Views: 4
From the petition it appears that in the matter of the estate of John H. Coolman, deceased, certain contests were pending upon a petition for probate of will and for letters of administration. For the purpose of preserving the estate during time of contest the Security-First National Bank of Los Angeles was appointed special administrator and duly qualified in that office. On May 7, 1929, the cour...
Views: 9
The plaintiff commenced an action to obtain a judgment of declaratory relief. The defendant answered and a trial was had before the court sitting without a jury. The court made findings in favor of the plaintiff and from a judgment entered thereon the defendant has appealed and has brought up a typewritten record. The plaintiff sought a decree that a municipal zoning ordinance is invalid.
[1] The ...
Views: 14
In this action plaintiffs sought injunctive relief against defendant's interference with their right to use a certain ditch and road.
The court below granted the relief prayed for and defendant appeals. The record comes before us by means of a bill of exceptions. The facts may be briefly summarized.
Plaintiffs are the owners of a certain tract of land lying in the county of Sonoma, which said land...
Views: 1
The defendant was charged in an information containing two counts with the offenses of "selling intoxicating liquor" and with "maintaining a common nuisance, towit: a certain building in the town of Victorville, in the County of San Bernardino, State of California, in which intoxicating liquors were wrongfully kept and unlawfully sold." The jury found the defendant not guilty of count one charging...
Views: 0
The parties to this cause were realty brokers, and, while it was stipulated that they were not copartners, it appears that they had an understanding whereby one should receive a portion of any commissions involved in any escrow which he might assist the other in closing. It is admitted that respondent "worked in and out of" appellant's office during the month of December, 1924, and a part of Febru...
Views: 0
The plaintiff commenced an action in claim and delivery. The defendant appeared and answered and also filed a cross-complaint. The cross-complaint was answered and later the parties entered into an agreed statement of facts and on that statement the case was heard and determined in the trial court. The court ordered a judgment in favor of the defendants and from that judgment the plaintiff has ap...
Views: 0
Shortly after 10 P. M. on the night of April 29, 1927, plaintiff, a boy thirteen years of age, and a friend, Arthur Mahoney, of about the same age, boarded a west-bound McAllister Street car with the purpose of transferring at Larkin Street to go to their homes *680 on Ellis Street. Upon reaching Larkin Street the Mahoney boy alighted from the rear end of the car, ran around the back and across...
Views: 0
This is an appeal from an order denying a petition for probate of the last will and testament of Charles Johnson, deceased. The appellant was the petitioner and was named in the will as an executor. The record on appeal is a clerk's transcript and a printed transcript which prints the clerk's transcript and also prints the bill of exceptions signed and approved by the judge. The notice of appeal a...
Views: 0
Plaintiff first obtained a money judgment against John E. Hamilton and others. An execution upon said judgment was issued against the property of said Hamilton and levied upon an automobile which was registered in Hamilton's name. Defendant Eleanore Hollman, who is now Hamilton's wife, filed a third-party claim with the sheriff and a bond under the provisions of Code of Civil Procedure, sections 7...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 660
This is an appeal from a judgment in an action on an indemnity bond for damages resulting from an order temporarily restraining the owners from interfering with the harvesting and marketing of a grape crop.
Respondents are the owners of eleven acres of vi...
Views: 7
From the petition herein it appears that heretofore, to wit, on June 4, 1929, pursuant to an application filed by Turner Oil Company, a corporation, in the Superior Court in the County of Los Angeles, for an order to perpetuate the testimony of each of four persons named in such application, four several orders were issued by said court by which each of said persons was directed to appear at a des...
Views: 2
THE COURT.
An application for a writ of prohibition to prohibit the taking of any further proceedings under an order appointing a receiver, upon the ground that said order is void for want of jurisdiction to make it.
[1] It does not appear from the petition that any application has ever been made to the trial court to vacate the order now claimed to be void, and as held in Havemeyer v. SuperiorCou...
Views: 9
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 641
The two defendants were jointly tried on an information charging manslaughter and a violation of section 141 of the Motor Vehicle Act (Stats. 1923, p. 562). The defendant Steele was convicted on both charges; the defendant Kearney was convicted on the lat...
Views: 1
An action to recover damages for personal injuries alleged to have been caused by the defendant's negligence. The jury returned a verdict in plaintiff's favor, but the trial court granted a new trial upon the ground of the insufficiency of the evidence; and from the order made in that behalf plaintiff has taken this appeal.
The evidence adduced at the trial is conflicting on some points, but in th...
Views: 3
This is an appeal by the plaintiff from a judgment of nonsuit.
The complaint states a cause of action for damage. At the opening of the trial the court directed the plaintiff to proceed with proof of his title to the claim sued upon. At the close of such evidence the court granted the motion for a nonsuit.
The evidence discloses that The A. Meister Sons Company was, on January 20, 1923, a corporat...
Views: 0
The plaintiffs’ Packard motor hearse and the defendant’s Pontiac sedan collided at a street intersection in Sutter City, causing damage to both vehicles and *619 personal injuries to the defendant. Both parties seek to recover damages in this action. Judgment was entered in favor of the defendant for damages and the plaintiff has appealed. The only ground urged for a reversal is that the evid...
Views: 0
The facts stated herein are alleged in the complaint. The Joe Gianelli Company is a corporation with a capital stock of 1,000 shares. At all times since the *Page 616
organization defendants Joe Gianelli, Jr., has owned twenty-five shares, B.R. Gianelli twenty-five shares and Louiga Gianelli fifty shares, Guisseppe Gianelli, now deceased, owned 900 shares from the organization of the corporation ...
Views: 3
The plaintiff as principal and the defendant as agent entered into a contract for the sale of the former's grapes by the latter. The contract contains the following:
"It is therefore agreed that the said principal hereby appoints the said agent as his sole and exclusive agent for selling said grapes f.o.b. cars shipping point for the account of principal, unless written instructions are delivered ...
Views: 2
This is an appeal from a judgment for a balance due on a written contract "to lay 12 inch pipe on the property of Edw. L. da Roza at 45 cents per foot . . ." There is a conflict of evidence regarding the number of feet of pipe which was actually laid. It is contended the evidence does not support the judgment against the defendant Roma V. da Roza. The chief controversy, however, is concerning the ...
Views: 3
The district attorney of Riverside County on May 10, 1929, charged the appellant by information with having committed the crime of robbery on or about August 5, 1928, to which a plea of not guilty was entered. When the case was called for trial appellant's counsel requested permission to enter an additional plea of previous acquittal of the offense so charged, which was granted. [1] After the Peop...
Views: 0
The appellants were charged with having committed felonies in the county of San Bernardino, and were convicted. They appeal from the judgments, and, having assigned as a ground for reversal the fact that neither of them personally expressly waived a jury, and contending that they were thus deprived of their constitutional rights, we shall first consider this point. It appears that their counsel an...
Views: 11
The appellant, a minor child of the age of about three years, while playing with several other children, alleged by his guardian ad litem that he was bitten by a dog, of which the respondent was the owner. Evidence having been presented on behalf of the plaintiff, a nonsuit was asked, which was granted, and he appeals.
The respondent was a contractor, and at the time of the occurrence in controver...
Views: 0
The appellant, Helen Fuller, joined by her husband for the purposes of suit, instituted this proceeding against the executor of the last will and testament of her mother, Sarah C. Guess, deceased, upon a rejected claim for the reasonable value of board and lodging, nursing and personal attendance. The plaintiffs alleged that Mrs. Guess came to their home at her own request, and that the maintenanc...
Views: 0
Defendant and appellant was charged by information filed by the district attorney of Los Angeles County, in each of three counts with the crime of issuing checks without sufficient funds. Count III was dismissed by the court during the trial and a verdict of guilty was found against the defendant upon counts I and II. From this judgment of conviction and denial of his motion for a new trial, defen...
Views: 7
This is an appeal by defendant from an interlocutory decree of divorce in favor of the plaintiff. The appeal is upon the judgment-roll alone.
[1] It is claimed on behalf of appellant that the court erred in not ordering a division of the community property. The court found as a fact that there was no community property. The only evidence of such property is an agreement of settlement of the proper...
Views: 0
The defendants, Robert Marsh and F.L. Marsh, appeal from an order of the court denying their motion for a change of the place of trial of the action from the city and county of San Francisco to the county of Los Angeles, their place of residence. The complaint was filed in the Superior Court of the City and County of San Francisco. The defendants are Robert *Page 580
Marsh, F.L. Marsh, S.L. Steel...
Views: 3
Respondent moves to dismiss the appeal herein upon the ground that the order from which it was taken is not appealable. The determination of the motion involves the construction of section 1293 of the Code of Civil Procedure, which is one of several code sections enacted by the legislature in 1927 relating to the enforcement of agreements to arbitrate controversies growing out of written contracts...
Views: 2
THE COURT.
This action was brought by plaintiff for the purpose of quieting his title to a certain tract of land situated in Fresno County, the title claimed by plaintiff being based on a deed from the tax collector of Fresno County, dated June 25, 1927.
In the year 1896 the defendant Joseph L. Chevalier became the owner of the real property in controversy and each year thereafter paid the taxes a...
Views: 2
The defendant, Mike Puppilo, was charged in an information filed by the district attorney of Los Angeles County, in each of two counts with a violation of section 2 of the so-called "Gun Law," being an act of the legislature adopted in 1923 (Act 1970, p. 662, Deering's Gen. Laws 1923). The portion of the section material to our discussion reads as follows: *Page 560
"On and after the date upon wh...
Views: 5
Defendant appeals from a judgment of conviction of the offense of unlawfully selling intoxicating liquor and from an order denying his motion for a new trial.
[1] On the trial of the action, by stipulation entered into between the district attorney and the attorney representing the defendant, a jury trial was waived. Defendant now raises the point that as he did not personally consent to a waiver ...
Views: 7
Respondent moves the court to dismiss the appeal in the above-entitled cause for the reasons: First, that the judgment appealed from is not an appealable order within the meaning of section 963 of the Code of Civil *Page 557
Procedure; second, that the order appealed from is not subject to review, and, third, that the appellant in his opening brief has failed to point out any error in any ruling ...
Views: 4
As summed up in the supplemental opening brief of defendant and appellant, E. Gertrude Jones, in what she calls conclusions, the questions raised by appellant, particularly when they are closely analyzed, amount to not much more than a contention that an escrow agreement is not a document subject to forgery. At least that is the interpretation that we put upon the so-called conclusions, which are...
Views: 3
This is an appeal by the defendant Isidor Ringel from a judgment entered against him upon a verdict of a jury in the sum of ten thousand dollars.
Plaintiff Ernest E. Sundberg brought this action to recover damages for personal injuries suffered by him in an *Page 547
automobile collision. On February 6, 1926, plaintiff was driving and operating a Ford truck on the westerly side of The Embarcadero...
Views: 1
This is an appeal from the judgment in which it is adjudged that defendant City of Belmont is not now and never was incorporated or organized as a municipal corporation, and has not now and never had any legal existence. The action is one in quowarranto brought against the City of Belmont to set aside the incorporation *Page 539
on the grounds that plaintiff Bourdette's three lots, consisting of ...
Views: 4
This action was brought by the owner of a newspaper route to recover for advertising space in the "Los Angeles Times," claimed to have been purchased from him by the defendants. From a judgment for plaintiff one of the defendants, Mox, Incorporated, has taken this appeal.
There is no dispute as to the fact of publication of the advertisements or as to the amount of the bill therefor, but appellant...
Views: 0
This is an appeal from a judgment for the purchase price of certain nursery stock alleged to have been sold and delivered by respondent to appellant corporation. The sole question involved is the authority of the president of the corporation to make the purchase on its behalf.
[1] There is evidence to establish the fact that E.C. Amling was president of the E.C. Amling Company and held a majority ...
Views: 0
An action of the appellant against the respondent was tried in the Superior Court of Los Angeles County on October 25, 26, 29 and 30, 1928, on which last-mentioned date, the respondent's counsel having moved for a nonsuit, the minutes of the clerk recite: "Defendants' motion for nonsuit as to defendant Wm. I. Traeger in case No. 201623 is by the court granted." A formal judgment of nonsuit was sig...
Views: 3
This matter comes up on motion of respondent to dismiss an appeal taken by the defendants in the above-entitled action on the grounds:
1. That no opening brief and points and authorities have been served or filed in the above-named court within thirty *Page 526
days from the date of the filing of the transcript herein, or at all, as provided by the rules of this court.
2. That no extension of tim...
Views: 0
Plaintiff by this action sought damages and an injunction based upon his claim of an easement upon the land of the defendant, an adjoining land owner. The easement claimed was the right to use as a turn row an open strip of land or avenue, which had been left unplanted to trees or vines, upon and along the boundary line between the lands of the two parties to this action. A turn row is understood ...
Views: 5
The plaintiff appeals from a judgment which was given in favor of defendant upon a motion for judgment upon the pleadings made upon the ground that the complaint did not state a cause of action. The complaint declared upon a broker's bond executed by respondent, *Page 516
The Aetna Casualty and Surety Company, for defendant Welling, on May 7, 1925, pursuant to the Corporate Securities Act. The bo...
Views: 0
This is an appeal from an order settling final accounts of guardian and disallowing certain items of account. Appellant Lizzie B. Keck, the mother of the above-named minors, was the legally appointed guardian of their persons and estates from January 8, 1923, to January 15, 1927. On the last-named date she was by order of the court removed as such guardian and her husband appointed in her place...
Views: 4
THE COURT.
[1] Appellants' motion, upon suggestion of diminution of the record, to incorporate in the reporter's transcript now on file in this court the two instructions duly certified by the trial judge and filed herein on August 30, 1929, in order that the record shall show at whose request said instructions were given to the jury, is granted (Mahon v. Hamilton, 202 Cal. 319
[260 P. 793]). *Pag...
Views: 0
The defendant appeals from a judgment of conviction of two robberies in the first degree and an order denying his motion for a new trial.
No point is made as to the sufficiency of the testimony. The points raised relate to procedure. Appellant and William Titlow in one information were jointly charged with having committed robbery on the night of December 24, 1928, and under another information th...
Views: 3
This is an action for damages for personal injuries. The case was tried before a jury which returned a verdict for plaintiff in the sum of *Page 505
$4,000. From the judgment entered upon this verdict the defendant, George C. Pearson, prosecutes this appeal.
An automobile driven by plaintiff collided with an automobile driven by defendant at the intersection of Peralta Avenue and School Street in...
Views: 5
This is an appeal by defendants Peter Orlando, Joseph Orlando and Peter Orlando, Jr., from a judgment entered against them upon a verdict of a jury in the sum of three thousand five hundred dollars.
The facts, as testified to by respondent and his witnesses, are briefly these: On Sunday afternoon, May 15, 1927, at about the hour of 7 P.M., respondent Edward G. Rock and his wife were traveling from...
Views: 4
This is an appeal from a preliminary injunction enjoining defendant and appellant from selling the furniture and furnishings of the Marlborough Hall Apartments under the terms of a chattel mortgage executed to secure the performance of the terms of a lease, particularly the payment of the rent reserved.
Appellant's predecessors in 1920 leased the said apartments to respondent for the term of ten y...
Views: 0
The defendant J.M. Darnell, in his own behalf and as administrator of the estate of his deceased wife, Emma Darnell, appeals from a judgment in an action brought by the respondent John Cooke to set aside a deed *Page 484
of grant, bargain and sale whereunder respondent and Walter Cooke, as grantors, purported to convey to Emma Darnell title to a ranch in Del Norte County containing 100 acres, it ...
Views: 0
Esau A. Ingram died intestate in Los Angeles County on January 8, 1929, leaving surviving him a brother, who is the petitioner in this matter, a sister, Mary E. Thrasher, one of the respondents, who waived her claim to letters of administration, and nephews and nieces, who are the other contestants and respondents. On January 21, 1929, Joseph M. Ingram filed his petition for appointment as adminis...
Views: 3
This record discloses that there are two orders from which appeals are taken. (See opinion on application for supersedeas,201 Cal. 217 [256 P. 419].)
The first order appealed from was an order modifying a prior order by which modification defendant was required to pay plaintiff $100 per month for three years and $50 per month for an additional three years. Pending the appeal, the plaintiff moved t...
Views: 0
Plaintiff and appellant brought this action to recover for personal injuries sustained by her as the result *Page 657
of alleged negligence of the defendants. Defendants denied the negligence and in their answers affirmatively alleged contributory negligence on the part of plaintiff. Upon trial of the issues thus presented, the court, sitting without a jury, rendered judgment in favor of defendan...
Views: 0
The plaintiff, a municipal corporation, sued for libel in the sum of five thousand dollars for damages to its good name, reputation and credit, and asked for an additional sum of five thousand dollars as punitive damages. A general demurrer to the complaint was sustained without leave to amend, and from the judgment in favor of defendant which followed the plaintiff has appealed upon a typewritten...
Views: 1
This is a motion to dismiss defendant's appeal on the ground that no bill of exceptions or other record on appeal has been prepared or filed. The following *Page 650
facts appear from the clerk's certificate and the affidavits on file:
[1] "During the course of the trial . . . and after the evidence therein was fully taken and before the said cause was decided, . . . a full and complete transcrip...
Views: 0
This is an application for a writ of habeas corpus on behalf of petitioners Henry Leach and Forrest Huggins, *Page 646
who were charged by information filed by the district attorney, and were convicted thereon in the Superior Court of the state of California in and for the county of Los Angeles, juvenile department, and sentenced to imprisonment for the offense of contributing to delinquency, a m...
Views: 1
THE COURT.
This action was brought to recover damages for the failure to redeliver certain cattle, being part of a herd owned by the plaintiff which the defendant agreed to pasture. The latter filed a counterclaim for pasturage and commissions together with labor furnished and money expended for plaintiff's benefit.
According to the findings the defendant failed to redeliver or account for fifty-s...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 633
The plaintiffs had judgment in the sum of $3,531.76 for and on account of the alleged failure of the defendant to fulfill its contract for the purchase of certain sheep.
It appears from the record that on or about the third day of February, 1925, the plai...
Views: 0
THE COURT.
Plaintiff commenced this action to rescind an agreement by which he had purchased and entered into possession of a chicken ranch in Sonoma County. Defendant agreed to sell and plaintiff agreed to buy certain described real property for $11,000, payable as follows: $2,000 cash and "the balance in five years from date; such balance to draw interest from date at the rate of five per cent p...
Views: 0
This is an appeal from a judgment for defendants following the sustaining of a demurrer to plaintiffs' complaint. The action was for a writ of mandamus to compel the payment by the city and county of San Francisco of a claim of plaintiffs for attorney fees and costs. The board of election commissioners had employed plaintiffs to represent it in a proceeding by which it was sought to compel the boa...
Views: 0
Defendant appeals from a judgment in favor of plaintiff for the agreed purchase price of an adding machine. The machine was delivered to defendant about September 22, 1927, and was returned to the plaintiff October 1. The questions presented by the appeal are whether there was a contract of sale and, if so, was it canceled when the machine was returned?
C.A. Irons, a salesman working either for th...
Views: 4
THE COURT.
An action by a broker to recover a commission for services alleged to have been rendered in procuring an agreement for the exchange of certain real estate owned by defendants. Defendants denied that plaintiff performed his agreement or that they agreed to exchange on the terms alleged, and averred fraudulent representations by the plaintiff and the party procured by him. Judgment was en...
Views: 0
The plaintiff recovered a judgment in the court below in the sum of $1500 against the defendants Kirchner and Bartel, the complaint having been dismissed as to the defendant Seoville. The defendant Emil Kirchner prosecutes this appeal from the judgment. The facts necessary to an understanding of the case are as follows: Some time during November, 1922, the defendant George Bartel executed and d...
Views: 0
THE COURT.
An appeal from an order confirming a report of appraisers appointed in a proceeding on execution against certain property selected by appellant, Adeline Faria, as a homestead.
The declaration of homestead was recorded on October 25, 1922. The family of the claimant consisted of her husband, Frank F. Faria, and two minor children, the issue of the marriage. On April 4, 1924, Frank F. Far...
Views: 2
The defendant was charged by information with the crime of murder, in that she did on September 29, 1928, kill her husband Fred Schlosser. The jury returned a verdict of guilty of manslaughter, and she appeals from the judgment pronounced upon the verdict and from the order denying her motion for a new trial.
[1] The entire appeal may well be disposed of by calling attention to the fact that the v...
Views: 7
The appellant was found guilty of first degree burglary and was sentenced accordingly. He appeals, and bases his claim for reversal upon alleged insufficiency of the evidence to sustain the verdict.
It appears that a house, the property of one R.P. Low, was burglarized by defendant who, at the time was unarmed. The crime was committed in the night-time and the house was not occupied on that partic...
Views: 26
This is an appeal from that part of the final decree ordering the distribution to Nannie L. Markham of one-fourth of the rest, residue and remainder of the estate of John Drury Lavin. The facts leading up to and necessary to an understanding of the situation are as follows: John Drury Lavin died testate on February 20, 1923. By his will he nominated Nannie L. *Page 587
Markham, William A. Dolan a...
Views: 0
This is an appeal from a final decree of distribution entered by the Superior Court of Los Angeles County in the above-entitled cause. All of the property of the estate of Anna D. Jones, deceased, was distributed to Anna Mabel Jones. The deceased left a will, the dispute concerning the construction of which produced this litigation. It reads as follows:
"Dated March 28, 1916
"I, Anna D. Jones of P...
Views: 0
By section 112 of the California Vehicle Act (Stats. 1923, p. 517 [amended Stats. 1927, p. 1436]), penalties are imposed upon persons violating the provisions of said section. These penalties' include either fine or imprisonment, within certain stated limits. It is further provided: “and upon every verdict of ‘guilty’ under this section, the jury shall recommend the punishment and the court in im...
Views: 0
Appellant, a high school student, accompanied by two girl companions named Astrid Elm and Adeline Harding, was driving a Ford coupe along what is called the Copper King Road, near Fresno, about 4 o'clock in the afternoon, returning from a high school picnic; and while rounding a curve in the road on a slight descent in the grade, at a speed of between twenty and twenty-five miles an hour, the coup...
Views: 0
During the month of November, 1923, the respondent and one Cora E. Baley, since deceased, entered into certain instruments in writing, by the terms of which the latter received possession of a quantity of furniture, and for the use or toward the purchase of which she agreed to pay in monthly installments the amounts therein specified. Among other provisions of the contract it was agreed that shoul...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 559
This is an appeal from a judgment for damages for injuries sustained in a motorcycle accident.
The plaintiff was employed at a gas station located at 30th and M Streets in the city of Sacramento. At 6:30 P.M. on April 1, 1927, he mounted his motorcycle an...
Views: 4
Plaintiff had judgment quieting title to certain lands situate in the county of Stanislaus, state of California, described as follows: North Tract lots E, F, 26 to 30, inclusive, and fifteen acres lying southeasterly of above, being east of Sixth Avenue, and northwest of south line of E Street, in southwest quarter-section 11, township 2 south, range 10 east. From this judgment the defendants appe...
Views: 5
From the files herein it appears that in the month of September, 1926, under the provisions of the Juvenile Court Law (Stats. 1915, p. 1225, as variously amended), a petition was presented to the Superior Court in Imperial County, sitting as a juvenile court, pursuant to which Damon Edwards, a minor, was adjudged free from the custody and control of his parents. More than two years thereafter, whi...
Views: 7
THE COURT.
This is an action to recover upon three assigned claims for money had and received, each claim being made the subject of a separate count in the complaint, the first of which was dismissed. The second and third counts are based upon allegations to the effect that defendant received from Samuel R. Allan and Charles Hammer, respectively, the sums of $365.55 and $477.55 to and for the use ...
Views: 1
THE COURT.
An action to recover the sum of $5,000 from persons acting as the board of directors of Supreme Paint, Varnish and Enamel Co., a domestic corporation, the powers of which were suspended under the provisions of section 3669c of the Political Code.
Plaintiffs alleged that this amount was loaned by them to the corporation and was evidenced by a promissory note dated December 1, 1923, purpo...
Views: 2
This is an appeal by the defendant Plum, on the judgment-roll alone, from a judgment in favor of the plaintiffs.
It appears from the complaint that in May, 1926, the plaintiffs entered into a contract with A.P. Newhart, by the terms of which they agreed to sell him all the merchantable timber on the Forgay ranch, and also their saw-mill and equipment, for which timber he agreed to pay "$4 per thou...
Views: 0
Appellant was convicted of the crime of murder and sentenced to life imprisonment and he appeals from the order denying his motion for a new trial and from the judgment of conviction.
The record discloses sufficient circumstantial evidence to sustain the conviction of the defendant by the jury, and in his appeal brief appellant raises the following points:
1. That the evidence is insufficient to s...
Views: 0
Plaintiffs sued to quiet title to certain real property on the theory that the defendants had forfeited their interest under a contract of sale. The cause was tried before the court without a jury and resulted in a judgment for plaintiffs, from which the defendants have appealed on typewritten transcripts. *Page 512
The plaintiff Palmer, who is the real plaintiff in interest, was doing business u...
Views: 1
Petitioner herein filed an application for a writ of habeas corpus, claiming that he was held illegally by the police authorities upon a warrant charging him with being a fugitive from justice of the state of Washington. He claimed in the petition that he was not in the demanding state at the time of the commission of the alleged offense. The matter was referred by this court to Honorable C. ...
Views: 0
THE COURT.
Petitioner has applied for a writ of certiorari to annul a final decree of divorce granted ex parte on April 10, 1929, by the Superior Court in and for the City and County of San Francisco. The facts upon which the application is based, as they are set forth in the petition, are as follows: On January 18, 1924, petitioner obtained an interlocutory decree of divorce from her husband upon...
Views: 1
THE COURT.
This action was commenced on February 4, 1924, by Eugene McCarthy as executor of the last will and testament of Harriet McCarthy, deceased, against Reginald McColgan for the enforcement of an alleged trust in certain real property in the city of San Francisco upon which is situated a hotel. Eugene McCarthy is a son of the deceased. Subsequently the other children of the latter, namely, ...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 475
This is an appeal from a judgment rendered against the defendant for damages resulting from the loss of a flock of hens which died from the effect of chicken-pox communicated to them from cockerels which were purchased for breeding purposes.
The complaint...
Views: 1
This is an appeal from the judgment of the Superior Court of Sutter County after trial by jury wherein plaintiffs were awarded damages by reason of the construction of certain canals across their lands. This case has been before this court before and in an opinion rendered by this court (61 Cal.App. 737
[216 P. 66]) the facts are fully stated. Therefore, it is deemed unnecessary in this opinion to...
Views: 4
Plaintiff sued to foreclose a mechanic's lien in the sum of $1946. The cause was tried before the court without a jury and resulted in a judgment for plaintiff in the sum of $946 from which he appeals on typewritten transcripts.
The defendant Groom was a building contractor and in the course of his business constructed a building for the *Page 463
other defendants in Redwood City. The plaintiff w...
Views: 2
Appellant Woodhead Lumber Company, a corporation, appeals from a judgment of dismissal entered after the court sustained the demurrer of defendant and respondent Detroit Fidelity and Surety Company to appellant's amended complaint, without leave to amend.
The amended complaint in substance alleges that on or about December 5, 1925, defendant E.G. Niemann Investments, Inc., the owner of certain rea...
Views: 2
Habeas corpus. Petitioner seeks to be discharged from the custody of the sheriff of the city and county of San Francisco, by whom he is held in custody under an order of the superior court adjudging him guilty of contempt in failing and refusing to pay certain sums of alimony in a divorce proceeding. [1] It is claimed on his behalf that the affidavit supporting the commitment is insufficient for t...
Views: 3
Plaintiff, Mabel Long, brought this action to quiet title to four city lots situated in El Centro, California. Judgment was entered in favor of defendant, from which judgment she prosecutes this appeal.
This action involves the execution and delivery of a deed signed by the plaintiff, Mabel Long, whose name was formerly Mable Mendez, as grantor, to her sister, Anita Calhoun, as grantee.
Anita Calh...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 440
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 441
Plaintiffs recovered judgment for $15,680 for breach of warranty of quality made in the sale of rice, together...
Views: 3
Action for damages for the loss of a roll of film deposited by plaintiff with defendant for development.
The film consisted of a strip about one hundred feet in length, which had been exposed by plaintiff in one of the small amateur moving picture cameras now on the market and left with defendant to be developed. This character of film is manufactured by defendant and sold by it at the price of si...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 425
Plaintiff had judgment against the defendants for injuries received in an automobile collision, from which judgment the defendants appeal.
Upon this appeal the defendants assigned four grounds upon which reversal is asked: First, that the plaintiff was gu...
Views: 3
The plaintiff conducts a cold-storage warehouse in Sacramento. The Renschler Produce Company, referred to herein as the defendant, is engaged in the wholesale produce business in the same city. During October, November and December, 1925, and January, 1926, the defendant delivered to the plaintiff 4,825 boxes of apples to be kept in cold storage. Of these apples, 2,487 boxes were stored on a seaso...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 411
The appellant was tried upon an information containing two counts, count number one charging the defendant with the crime of rape, in that he had sexual relations with a female under the age of fourteen years, not his wife, and count number two charging t...
Views: 8
This is an appeal from a judgment quieting title and canceling a tax deed.
The respondent is a hotel corporation. It owned lots 8 and 9 of James Townsend's subdivision of Los Angeles, *Page 403
according to the map thereof which was recorded in book 30, page 53, of miscellaneous records. April 21, 1923, this property was sold for delinquent street assessments to the appellant Grace P. Warden by t...
Views: 0
This is an appeal by the plaintiff from an order denying her motion for a change of the place of trial from the county of Yuba to the city and county of San Francisco, made on the following grounds: "1. That there is reason to believe that an impartial trial . . . cannot be *Page 399
had in the County of Yuba; . . . 2. That the convenience of witnesses and the ends of justice would be promoted by...
Views: 0
Defendant Antone Mendoza, together with Frank Barbosa, was charged by information with the violation of chapter 277, Statutes of 1927, page 497, in that on or about the fourteenth day of November, 1928, they were the owners of and had an interest in and operated a still designed and intended for use in the manufacture and production of intoxicating liquor for beverage purposes. The jury returned ...
Views: 0
This is an appeal by defendant Southern Surety Company from a judgment rendered in favor of defendant Patten Davies Lumber Company for the sum of $574.50, and from a judgment rendered in favor of defendant Noyes Marble Tile Company for the sum of $264.
The facts are not in dispute and are briefly these: Lewis Tucker, a contractor, entered into a contract with the plaintiff Los Angeles City Schoo...
Views: 0
This appeal was taken on the judgment-roll alone from an order granting the motion of the respondents to dismiss. The action was commenced in the name "Ginsberg Tile Company, a copartnership, plaintiff," and the appeal was taken in the same name.
The facts are that on May 25, 1926, a complaint was filed by "Ginsberg Tile Company, a copartnership," against Salvatore Faraone and Jennie Faraone, his ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 374
In this action the jury found for the plaintiff and against the defendants and assessed plaintiff's damages in the sum of seven thousand five hundred dollars. From the judgment entered upon this verdict defendants have appealed.
The action grew out of a c...
Views: 5
This action is before us upon the plaintiff’s appeal from a judgment of the Superior Court of the state of California, in and for the county of Sutter, entered in favor of the defendant after sustaining defendant’s *369 demurrer to the plaintiff’s amended complaint without leave to amend. The amended complaint sets forth the following facts: That at all the times mentioned in the complaint th...
Views: 0
The information contains two counts. In the first the defendants are charged with the offense of having "in their possession and control a still, stillworm, still cap and still condenser designed, used and intended for use in the manufacture and production of intoxicating liquor for beverage purposes." In the second it is charged that, on the same day, they did "operate and cause to be operated, a...
Views: 0
Plaintiff sued to rescind two separate contracts for the sale of shares of corporate stock. A separate judgment was asked against the defendant Maryland Casualty Company as the surety upon Landfield's bond as a stock broker. Each contract was pleaded in a separate cause of action. Judgment went for plaintiff and against defendant Landfield on the first cause of action only, in favor of the surety ...
Views: 2
Three separate actions were instituted against a number of defendants for personal injuries incurred in an automobile collision. The three actions were consolidated for trial, by stipulation, before the court sitting without a jury. Separate judgments were rendered in favor of each of the three plaintiffs and against the defendant Catelli alone. This defendant has appealed on typewritten transcrip...
Views: 0
The plaintiff commenced an action against the defendant to recover damages for injuries sustained in an automobile collision. Thereafter she filed a first amended complaint. To that pleading the defendant interposed a demurrer. The demurrer was sustained. Plaintiff failed to amend and judgment was entered in favor of the defendant. The plaintiff has appealed and has brought up the judgment-roll.
T...
Views: 5
The plaintiff commenced an action against the defendants to recover on a book account. The defendants filed a joint answer. The action was tried before the court sitting without a jury. The court made findings of fact in favor of the plaintiff, and from a judgment entered thereon the defendants have appealed and have brought up a bill of exceptions which, on its face, appears to be a digest only o...
Views: 2
This is an action for the partition of personal property. The defendants Charles W. Wood and Lena Wood have appealed, on the judgment-roll alone, from *Page 343
the parts of the interlocutory decree which award the plaintiff the increase of certain sheep and lambs "from and after August 26, 1926," and the wool therefrom during the same period, and also the increase of other livestock from and aft...
Views: 0
This is an appeal from an order denying defendant's motion for a change of place of trial.
The complaint alleges that the plaintiff purchased from the defendant corporation a small tract of land in Butte County, together with the water rights appurtenant thereto, consisting of a quantity of water conveyed upon the land of plaintiff from Butte Creek by means of ditches; that the plaintiff relied up...
Views: 0
This is an appeal from an order admitting to probate the last will and testament, together with the codicil thereto, of Charles Rudolph Appenfelder, deceased. The decedent executed his will on August 24, 1924, and on March 2, 1926, made the codicil. By these instruments he bequeathed $2,000 to his former wife (divorced at the time the will was published) and devised to her a life estate in certain...
Views: 2
Plaintiffs sued the defendants to impress a trust upon the sum of $1,598 alleged to have been received and held by them as trustees under the claim that they were the directors of Olson's Market, Inc., at the time of its dissolution as a corporation for nonpayment of license taxes under the provisions of section 10a of the act of 1907 (Stats. 1907, p. 746). The defendant Olson was not served with ...
Views: 0
In December, 1923, appellant entered into a contract in writing by the terms and provisions of which she agreed to purchase from the defendants certain real property therein described, situated in Los Angeles County. Thereafter, and in June, 1924, she notified them of her rescission of said contract, reciting in detail various grounds of fraud *Page 324
through which she alleged the contract to h...
Views: 3
Defendant appeals from a judgment of conviction of the crime of grand theft and from an order denying his motion for a new trial.
[1] By the information it was charged that defendant stole a diamond ring of the value of $500. Appellant presents the point that before defendant could be convicted of grand theft the burden devolved on the prosecution to prove that the value of the ring exceeded the s...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 312
These four actions were consolidated by stipulation and tried together at the same time. The plaintiffs sued for damages resulting from a collision with an overland train operated by the defendant and an automobile driven by Raymond Hallmark near the town...
Views: 1
The information charges the defendant with the crime of robbery and with having been previously convicted of the crime of grand larceny. On his arraignment he "entered a plea of guilty as to a prior conviction and not guilty as to the new charge in the information." The jury found him guilty of robbery in the first degree. His motion for a new trial was denied and he was sentenced to imprisonment ...
Views: 3
Plaintiff sued for damages for injuries resulting from an automobile collision. The cause was tried before the court sitting without a jury. The trial court awarded plaintiff judgment in the sum of $500 and the defendant Swafford appeals upon the judgment-roll alone.
The complaint alleged that "while plaintiff was driving a Ford roadster in a northerly direction over and along the east side of Sha...
Views: 1
Appellant, having been convicted of robbery in the second degree, has appealed from the judgment of conviction and the order denying his motion for a new trial. One of the several grounds urged for reversal is that the trial court erred in allowing the information to be amended at the commencement of the trial.
Before amendment the information read as follows: ". . . Humbert Fallai is accused by t...
Views: 5
This is an appeal from a decree partitioning real and personal property between joint tenants.
While the plaintiff and defendant were living together as husband and wife without the consummation of a marriage, they acquired by their joint efforts the real and personal property involved in this suit. March 16, 1921, for a valuable consideration two lots in Los Angeles, California, were conveyed to ...
Views: 6
This is an appeal from an order modifying a final decree of divorce so as to deprive the father of the right to visit or associate with his infant daughter on account of his immoral conduct and baneful influence over the child. In March, 1926, plaintiff was granted a final decree of divorce from the defendant on the ground of wilful desertion, and she was awarded the custody of their only infan...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 285
This is an appeal from a judgment against plaintiffs for failure to amend a pleading after a general demurrer had been sustained to a third amended complaint. The suit was for fraud exercised in procuring a contract for the sale of a lot in Los Angeles, C...
Views: 2
The district attorney filed an information against the defendant charging him with having committed a felony. (Pen. Code, sec. 288.) The defendant entered a plea of not guilty and a trial was had 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 judgment was entered on the verdict. The defendant has a...
Views: 4
This action is for the purpose of recovering the purchase price of certain stock and is *Page 272
predicated upon a clause in a written agreement executed on June 25, 1923, between the Altomont Creamery, Inc., (respondent's assignor), as the party of the first part, Acme Ice Cream Company, as party of the second part, and C.O. Swanberg (appellant), as party of the third part, which is as follows:...
Views: 1
Plaintiff appeals from a judgment entered in favor of defendant, pursuant to an order sustaining *Page 269
demurrer to the second amended complaint without leave to amend.
According to the complaint, one Crieghton was in custody of a constable by reason of his nonpayment of a fine of five hundred dollars which had been imposed upon him with the alternative of imprisonment until the fine be paid. ...
Views: 1
The plaintiff commenced an action against the defendant to recover a judgment for damages *Page 265
arising out of a collision with an automobile. The defendant answered and a trial was had in the trial court before the court sitting with a jury. The jury returned a verdict in favor of the plaintiff for the sum of five thousand dollars; the defendant made a motion for a new trial; the motion was ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 242
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 243
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
Views: 5
This is an appeal from a directed verdict in favor of the defendants, in a suit upon a promissory note given in payment for the purchase price of an automobile. The motor vehicle certificate was not transferred and it was held that the consideration for the note failed.
In March, 1927, W.B. Scott sold and delivered to defendants a used Hudson automobile for the sum of $600, in payment for which th...
Views: 1
This is an appeal from a judgment in a suit to quiet title. *Page 231
The plaintiff is the owner of the eight lots described in the complaint, which are a part of Tract 7603 of the city of Los Angeles. November 5, 1923, the defendants prepared and sent to the plaintiff a written communication in the form of a tentative agreement or offer to buy these eight lots upon specified terms for the sum of...
Views: 0
By information of the district attorney of San Diego County appellant was charged with having committed the crime of grand theft, in that he unlawfully and feloniously took from one U.L. Voris personal property *Page 226
consisting of $550, lawful money of the United States, and it was therein further charged that he had twice previously been convicted of a felony. He pleaded not guilty of grand ...
Views: 3
This appeal is one from an order denying a motion to vacate a default judgment. The motion was supported by affidavits claiming an oral telephonic stipulation between counsel to the effect that no demurrer or answer need be filed pending the hearing of a motion for change of venue to be made by the defendants; that notwithstanding such stipulation and before hearing upon the last-named motion, pla...
Views: 0
Plaintiff sued in Contra Costa County for the conversion of personal property. The defendant Buck moved for a change of venue upon the ground that he was a resident of the city and county of San Francisco. The motion was denied and this defendant has appealed on a typewritten transcript.
It is conceded that no one of the defendants was a resident of Contra Costa County and that the motion of defen...
Views: 2
THE COURT.
The respondent moves that the peremptory writ of mandate heretofore issued herein be recalled for the purpose of correction.
[1] The writ was issued pursuant to the judgment in favor of the petitioner ordering a peremptory writ as prayed in the petition. (Jensen v. McCullough, 94 Cal.App. 382
[271 P. 568].) The cause was determined upon the demurrer to the petition and the issues were t...
Views: 1
This is an appeal from a judgment of dismissal following an order sustaining, without leave to amend, the demurrers of defendants Mortgage Investment Company and B. H. Circuit, Inc., to plaintiffs' amended complaint.
Plaintiffs, stockholders in the defendant B. H. Circuit, Inc., brought suit on behalf of said corporation and its stockholders, including themselves, seeking generally to establish ...
Views: 0
In an action for divorce, plaintiff and respondent procured an order on March 11, 1927, that defendant and appellant pay her $1,000 per month temporary alimony, $1,000 suit money, $7,500 attorneys' fees and $3,600, the purpose of this $3,600 payment not being stated in the order. Notice of appeal from this order was filed March 17, 1927. Thereafter on April 21, 1927, respondent secured a further o...
Views: 6
This is an appeal by A.D. Duncan, as administrator with the will annexed of the estate of William J. Danford, deceased, from an order denying the petition of appellant's testator to set aside the decree of final distribution in the estate of Thomas W. Hunter, deceased, upon the ground that a legacy of $1500, of which appellant's testator claimed to be the assignee, had been distributed to the wron...
Views: 6
Plaintiff and appellant Mercantile Investment Company, a corporation, brought this action to quiet title to a tract of land situate in the town of "Hollydale," Los Angeles County. An answer was filed by the defendants and respondents T.J.V. How and Mary E. How, his wife, in which they alleged that they had an interest in said real property consisting of a lien thereon for the sum of $1163.60, whic...
Views: 0
The plaintiff was given judgment quieting his title to 160 acres of land and "all the trees, timber and wood now growing or lying upon said property." The defendant has appealed from the judgment.
January 18, 1923, the plaintiff entered into an agreement with Henry and Albert Christenson, by the terms of which he agreed to sell and they to buy all the timber on the land mentioned, except certain p...
Views: 0
The defendant was charged with the crime of manslaughter on an indictment found by the grand jury of Los Angeles County, and when brought to trial thereon, he waived a jury trial and consented that the trial be had before the court without a jury. He was found guilty of manslaughter and sentenced accordingly. There was sufficient evidence to justify the trial court in finding the defendant guil...
Views: 0
Plaintiff sued for a divorce upon three grounds – cruelty, desertion and habitual intemperance. Defendant answered and filed a cross-complaint asking for a divorce upon the ground of plaintiff's cruelty. The trial court found adversely to plaintiff in regard to her allegations of cruelty and intemperance, but granted her a decree of divorce upon the ground of desertion. It also found against defen...
Views: 2
Proceeding in mandamus. It appears that the petitioners are owners of final judgments obtained respectively by them against the respondent City and County of San Francisco for the recovery of certain unlawful and void taxes paid by said petitioners under protest to said respondent. It further appears that heretofore on August 22, 1928, in compliance with the provisions of an act of the legisl...
Views: 0
Appellant and respondent are husband and wife. In an action by respondent for separate maintenance appellant filed a cross-complaint for divorce on the ground of extreme cruelty. To appellant's first amended cross-complaint the court sustained a general demurrer without *Page 165
leave to amend, and from a judgment of dismissal following such order appellant has prosecuted this appeal.
[1] The al...
Views: 0
Defendants were stockholders in a corporation which, on October 16, 1922, executed and delivered to a payee therein named eight promissory notes in the sum of $1,000 each. In due course these notes were indorsed to plaintiff. The corporation became defunct, and plaintiff thereupon commenced this action to recover from these defendants as such stockholders their proportionate share of the indebtedn...
Views: 0
The plaintiff, as assignee of Nelson Brothers, brought this action to recover an amount alleged to be due for labor performed and materials furnished in the painting and decorating of the interior of a dwelling-house and to foreclose a lien for the value of such labor and materials. The court found against the existence of the alleged lien, but entered judgment against the defendants Coyne and Wei...
Views: 0
The defendant was convicted of an assault with a deadly weapon. It is contended that the verdict is not supported by the evidence, and that the defendant was prejudiced by the admission of incompetent evidence which tended to prove another offense against him.
[1] We are of the opinion that the evidence amply supports the verdict. The defendant Ali Hakam is a native of Afghanistan. Together with a...
Views: 0
Plaintiff had judgment in an action for specific performance of a contract for the sale of real estate. From this judgment the defendant appeals.
The complaint in this action sets forth that the defendant is the owner in fee of the lands and premises described in this action, and was such on the sixth day of July, 1926; that on said date the defendant gave to one George W. Fassel an option to purc...
Views: 1
Plaintiff had judgment against the appellants upon a promissory note executed by the appellants and indorsed to the plaintiff by R.J. Heeney, which note is in the words and figures following, to wit:
"$2000.00 Stockton, Cal. January 27, 1927.
"Twelve months . . . after date, without grace, we, or either of us, promise to pay to Richard J. Heeney or order, at Stockton, California, the sum ...
Views: 3
This is an appeal from a decree adjudging Walter Schultz a ward of the juvenile court and depriving Jeanette Connors and her mother, Mrs. Lena Connors, of the custody of said ward. Walter Schultz is an illegitimate child of about five years of age. About four years ago his mother, who has since disappeared, left the child with Jeanette Connors, an unmarried woman, upon the promise to pay her fo...
Views: 1
Respondent originally commenced an action for damages against the defendants Southland Produce Company, a corporation, and Liberty Produce Company, a corporation. Answer was filed by Nick Estrin and Philip Garbus, doing business under the name of "Liberty Produce Company, a copartnership," and denied that that company was a corporation. The Southland Produce Company did not appear. Upon the day of...
Views: 2
Plaintiff sued for damages, alleging malpractice on the part of defendant in his capacity as a physician and surgeon. The cause was tried with a jury, which rendered a verdict for plaintiff in the sum of one thousand dollars. Plaintiff moved for a new trial on the issue of damages alone. His motion was granted and the defendant appeals. Defendant moved for a new trial generally. His motion was den...
Views: 7
This is an appeal by defendant, a physician and surgeon, from a judgment entered against him in an action for damages alleged to have been sustained by plaintiff as a result of carelessness and negligence of the defendant in and about the performance of a minor surgical operation. Plaintiff at the time of the operation was a child of the age of six years. Defendant, as a surgeon, had advised the n...
Views: 6
Plaintiff sued in replevin as special administratrix of the estate of George W. H. Patterson, deceased,- to recover possession of certain personal property consisting of jewelry, cash and household furniture, which she alleged was in the possession of the defendants as executors of the estate of Jean Patterson, the deceased wife of George W. H. Patterson. Plaintiff also asked for a decree quietin...
Views: 0
This is an appeal on the judgment-roll, the appeal being based upon the ground that the court drew an erroneous conclusion from the findings in respect to one particular part of the judgment, appellants asserting that the court erred in failing to hold Theodosia Frame primarily obligated together with W.P. Frame and Herman F. Nicolai for the payment of a certain indebtedness. Defendant Nicolai has...
Views: 1
THE COURT.
[1] Petition for writ of habeas corpus. It appears from the record that petitioner is held by the sheriff of the city and county of San Francisco under an order of arrest issued out of the superior court for failure to obey an order duly served upon him requiring that he appear and show cause why he should not be punished for failure to obey a previous order with reference to the paymen...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 308
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 309
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
Views: 5
The plaintiff commenced an action against the defendant to recover damages to some shipments of green fruit. The defendant answered and a trial was had before the trial court sitting with a jury. The plaintiff introduced its proof and rested. Thereafter the defendant introduced his proof and rested. Later the plaintiff introduced proof in rebuttal and then it rested. Thereupon the defendant made a...
Views: 0
On an installment contract plaintiff, who was a minor, purchased an automobile from the defendant Shettler Company for the sum of $1,530.24. In partial payment *Page 283
of the purchase price of said automobile plaintiff transferred to said defendant another automobile valued at $450, together with the sum of $150 in cash. Twelve days thereafter, because of alleged fraud of said defendant in the ...
Views: 0
Actions to recover the reasonable value of services. The trial court rendered two judgments against defendant, appellant herein, as administrator of the estate of Alice J. Mills, deceased. The actions upon which the judgments were rendered were consolidated and tried together, and by stipulation both appeals are presented on a single record. The complaints alleged the rendition of services to the ...
Views: 2
THE COURT.
Motion to dismiss appeal. It appears from the record that the judgment appealed from was entered November 27, 1928. The time for taking an appeal expired sixty *Page 268
days thereafter or on January 26, 1929. The notice of appeal was filed February 14, 1929. No notice of intention to move for a new trial or notice of motion for a new trial has ever been made or filed. Appellants claim...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 259
This is an appeal from separate verdicts and a judgment for damages in favor of the plaintiff and also in favor of the intervener in an action to replevin 1150 head of cattle which were held by the defendants upon a claim of lien to secure the payment of ...
Views: 4
The above cases relate to the entering into contracts for the purchase of two lots situate in Ratterree's Washington Boulevard Tract Number 6256, city of Los Angeles. The cases were consolidated for trial, were tried upon the same testimony, and are presented to us for consideration upon one transcript. The facts relating to each case are identical. The defendant filed a cross-complaint in both ac...
Views: 1
The appellants instituted this action to obtain a declaratory judgment relative to the validity of a claim in the sum of $45,129.35, owned and possessed by the defendant against the Terminal Ways and Machinery Company, the assignor of the plaintiffs. The defendant had judgment, and from this judgment the plaintiffs appeal. The record shows that the Terminal Ways and Machinery Company, a corpora...
Views: 0
Action to recover secret profits made by a real estate agent in the sale or exchange of certain properties. *Page 224
The complaint is in three counts. The first pleads in substance that plaintiff was the owner of a ranch in Santa Clara County and defendant agreed to act for her as agent in the sale or exchange of the same, and to obtain the best possible price therefor. It is then alleged that w...
Views: 0
The plaintiff appeals from a judgment in favor of defendant, in an action for a judgment determining defendant’s right of occupancy of a portion of a store building and requiring defendant to vacate and surrender possession. The appeal is on the judgment-roll. In the month of August, 1922, plaintiff’s predecessor in interest made and executed a lease with the defendant Elberg. A brief history o...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 208
This case was before us on motion to dismiss an appeal by the People (People v. Kuder et al., 90 Cal.App. 594
[266 P. 337]), and upon the merits of that appeal, the same being from an order granting a motion in arrest of judgment (People v. Kuderet al., 9...
Views: 3
This is an appeal by the plaintiff from an order requiring him to pay the defendant the sum of $300 as costs and counsel fees in the prosecution of her appeal from the judgment of divorce in favor of the plaintiff.
It appears from the affidavit of the plaintiff, presented in opposition to the motion for counsel fees and subscribed to May 2, 1927, that the action was commenced February 19, 1926, an...
Views: 3
Action for damages brought by the heirs at law of Flora Mabel Laughlin, deceased, claiming that decedent met her death in an automobile accident by reason *202 of the negligence of the defendants. The accident occurred about 9 o’clock in the evening of May 16, 1927, on the main highway running between the towns of Tracy and Liver-more. Decedent was riding in a Ford touring car, accompanied by a...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 191
Appellant sustained certain personal injuries while riding in an automobile driven by one Harold Wagner on July 31, 1926, when the automobile collided with a street-car owned and operated by respondent. The collision occurred about 1:30 o'clock in the mor...
Views: 0
This is an appeal from an order of the trial court relieving respondents from their failure to file a bill of exceptions within ten days after notice of entry of an order denying a motion for a new trial.
In an action commenced by respondents herein, plaintiffs below, against appellants, judgment went for the appellants. Plaintiffs, within the time allowed by law, moved for a new trial, and the mo...
Views: 2
This is an action brought by plaintiff Edna J. Gallagher, wife of defendant Hugh P. Gallagher, against her husband and his two sisters to cancel a deed made by plaintiff's said husband to the two sisters of a two-thirds interest in certain real property in Tuolumne County. Hugh P. Gallagher defaulted. The two sisters answered and obtained judgment, from which plaintiff appeals. The complaint alleg...
Views: 0
This is an action on a promissory note in the sum of $2,185, given plaintiff as part of the consideration of his agreement to perform a building contract.
In her answer defendant alleges that by reason of the failure of plaintiff to complete the work within the time and as provided by the agreement the consideration for the note wholly failed, and in her cross-complaint asks damages against plaint...
Views: 0
This appeal was taken from a judgment and decree permanently enjoining the City of Oakland, the members of its council, its chief of police and its city attorney from enforcing an ordinance prohibiting commercial advertising on the exterior sides of street-cars. The decree declared the ordinance to be unconstitutional and void.
The following facts are alleged in the complaint and not denied: The p...
Views: 1
Venue of action. Appeal by plaintiff from an order granting defendants' motion for the change of place of trial. The action was brought by plaintiff as vendee against defendants as vendors for the specific performance of a contract for the purchase and sale of real property situate in Monterey County. Defendants are residents of El Dorado County. The motion was granted upon the theory that defenda...
Views: 4
In form, this is an action to quiet title.
Plaintiff alleged ownership to two parcels of land, parcel 1 consisting of 93.84 acres and parcel 2 consisting of 69.57 acres, both being portions of the Rancho Azusa de Duarte in Los Angeles County, California, and following the usual allegations that defendants assert an interest adverse to plaintiff and that such claim is without right, plaintiff furth...
Views: 8
This is a suit brought on a promissory note, on which payment on account of interest had been made. The answer of the defendants denies nonpayment and sets up an. affirmative defense by alleging certain agreements made as to the drilling of a well, claiming damages for failure of the well to produce the amount of water alleged to have been warranted. The court in its findings on evidence introd...
Views: 0
The plaintiff brought this action to recover damages caused by an upright piano falling upon and crushing one of her ankles while she was engaged in school *Page 140
work as a student in the Tulare Union High School. [1] The trial court granted defendants' motion for a nonsuit, made on the ground set forth in "section 581 of the Code of Civil Procedure, subsection 5, which reads to the effect tha...
Views: 13
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 128
This is an appeal from a judgment entered upon the verdict of the jury awarding plaintiffs thirty thousand dollars damages for the death of Pete Giannini, which occurred in a crossing accident on September 15, 1925, near Kingsburg, in Fresno County. The a...
Views: 5
This is an appeal from a judgment in favor of plaintiffs, terminating a lease of real property, but refusing to allow liquidated damages for failure on the part of the defendants to commence the sinking of an oil-well within a specified time. The appeal is from the judgment-roll alone. The evidence is not before this court.
May 24, 1926, the plaintiffs leased to the defendants 320 acres of land fo...
Views: 10
This appeal is from an order of partial distribution of an estate and a judgment therein made by the superior court by which the sum of $4,775 was ordered distributed and paid to one Robert Herdman, a legatee in the will of N. Belle Griggs, deceased.
So far as is here material, the will which furnished the authority for the order and the judgment in question provided that the trustee therein named...
Views: 0
Petition for certiorari. It appears therefrom that the petitioner, as plaintiff in an action in claim and delivery commenced in the justice’s court, sought the immediate possession of certain personal property described in the complaint. After judgment in that action an appeal was taken to the Superior Court. The cause came on for hearing, and the sole issue presented was whether or not plain...
Views: 0
Mandamus to require the superior court of Kern County to enter a judgment in conformity to the mandate of this court. On December 21, 1927, a decision in the cause entitled W.S. Lierly
v. David H. McEwen was rendered herein reversing the judgment of the superior court of Kern County, and thereafter aremittitur was issued to such court on the twentieth day of February, 1928. The remittitur directed...
Views: 0
Plaintiff sued for damages for personal injuries received in a collision between an automobile driven by the defendant and one driven by her husband in which she was riding. Trial was by jury and the verdict was for defendant. Plaintiff appeals and assigns as error the giving and refusing to give certain instructions to the jury.
The details of how the collision occurred were differently described...
Views: 6
Anna Casassa died testate at San Francisco on the fourteenth day of December, 1925. Her will was admitted to probate and later one of her sons, Frank A., filed a petition asking that the probate be revoked. He named his brothers Armand and Louis and his sister Louise as defendants and they appeared and filed answers. A trial was had in the lower court before the court sitting with a jury. After th...
Views: 4
This is an original application for a writ of mandate to compel the city clerk of Stockton to certify and file two petitions, one for the recall of a city councilman and the other for the recall of four other city councilmen, and to compel the city council to call a special election to determine whether the councilmen named in the petitions shall be recalled. The city clerk refused to certify and ...
Views: 4
The plaintiff commenced an action against the defendant to recover the possession of an automobile. The defendant appeared and answered and filed a cross-complaint. In the cross-complaint he set up his claim for making repairs on the automobile and claimed a lien for repairs made. He named as cross-defendants M.E. Geary, G.B. Skinner, Max Arnold and Richard Roe. The cross-complaint was answered by...
Views: 0
This appeal is from a judgment by the court sitting without a jury in favor of plaintiff and against defendant for the sum of $2,898. The complaint alleges that on September 16, 1920, at Brawley, California, the defendant corporation purchased from plaintiff 250 tons of milo maize at an agreed price of $50 per ton: that plaintiff delivered all of said maize in accordance with the contract and that...
Views: 0
This is an application under section 4460 et seq. of the Political Code to have the standing of the "Journal of Commerce" as a newspaper of general circulation, as that term is defined in section 4460, ascertained and established.
The material allegations of the petition are as follows:
"That the applicants, namely, C.M. David, O.J. David and M.F. Brown, at all the times herein mentioned have been...
Views: 4
THE COURT.
The defendant was convicted in the superior court of Yolo County of a felony, to wit: the crime of burglary of the second degree.
[1] The transcript on appeal was filed in this court February 20, 1929. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on April 1, 1929. No appearance was made for appellant at the time the cas...
Views: 0
The plaintiff is the widow of Ernest H. Wakeman. He was an attorney at law and as such conducted certain litigation for the defendant. After the death of her husband the plaintiff, as executrix of his will, made a demand for the balance owing to her husband for services rendered and upon the defendant's refusal to pay she commenced this action. Her complaint was framed in two counts – one asking f...
Views: 1
This is an appeal from a judgment declaring that respondents are the owners and entitled to the possession of certain real property described in the complaint herein. There is no substantial controversy as to the facts.
The action was commenced on the third day of June, 1926. It appears that on and prior to the twentieth day of July, 1917, Lewis W. Mustoe and Polly J. Mustoe were the owners of cer...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 42
Defendant appeals from a judgment of conviction of the crime of grand theft and from an order denying his motion for a new trial.
Briefly, the facts relating to the transaction upon which the prosecution of defendant was predicated were that defendant fals...
Views: 0
D.M. Linnard (hereinafter referred to as the defendant), while he was lessee of the Fairmont Hotel, and San Francisco Realty Co., a corporation (hereinafter referred to as the plaintiff), entered into a written contract wherein and whereby, in consideration of plaintiff's promise to write specified insurance on terms admittedly favorable to defendant, the latter appointed the former and the former...
Views: 0
In an action entitled Blume v. Huntington Mutual Oil Co. the defendants herein signed a bond for the release of certain property taken under attachment. The plaintiff recovered judgment in that action, and not having collected the full amount thereof from the judgment debtor, he brought suit against these defendants on the bond for the balance. At the conclusion of plaintiff’s case defendants...
Views: 0
The defendant was convicted of having in his possession and control one still worm, two still caps, one still condenser and one stilling device, all of which articles are alleged to have been designed for use in the manufacture and production of intoxicating liquor for beverage purposes.
The information, under which the appellant was tried and convicted, is sufficient in that it states facts suffi...
Views: 0
On November 10, 1909, respondent Mary E. Brickett and the assignors of appellant Fruit Growers Supply Company entered into a written contract of sale by respondent and purchase by the assignors of the dower right and an undivided eight-thirtieths interest in lands located in Jackson County, Oregon, and an undivided nine-thirtieths interest in lands located in Siskiyou County, California, of which ...
Views: 0
The appellant, an attorney and counselor at law, instituted this action for a balance alleged to be due him as attorney’s fees upon an open book account. Respondent admitted having paid the sum of $100, but denied further liability. Pursuant to trial before the court without a jury, it was found and adjudged that the defendant did not become indebted to the plaintiff in any sum for legal servic...
Views: 0
The defendant was charged with a violation of the Wright Act (Stats. 1921, p. 79), a misdemeanor, and the appellant Seaboard Surety Corporation of America executed a bail bond for him, which bond reads in part as follows: "Now, we, the Seaboard Surety Corporation of America, hereby undertake that the above defendant, James Aymar, will appear and answer the charge above mentioned in whatever court ...
Views: 1
THE COURT.
[1] The motion of respondents to dismiss the appeal from the judgment is denied. (See Sterling Corporation v. Superior Court,207 Cal. 370 [278 P. 859]; also, Griffin v. Kent, 206 Cal. 263
[274 P. 56].)...
Views: 0
The facts are similar in this case to those stated in Wiberg
v. Barnum, ante, p. 323 [278 P. 871], except that on the back of one of the contracts here involved the following appears:
"We agree to resell lots 14 in Block 48, lots 2/42, for Mrs. Heefner, and that she will not have to make 2nd payments (6 mos. from now) on same. Resales to be as early as possible."
[1] For the reasons stated in the...
Views: 0
MEMORANDUM CASES.
THE COURT.
This is an appeal from a judgment in a suit to quiet title.
This appeal presents the identical questions involved in the case of Letteau v. Dumas, ante, p. 230 [278 P. 459], in which an opinion of this court was this day rendered and filed. These cases were consolidated for the purpose of trial, and the evidence of both cases is presented in the...
Views: 1
The plaintiff commenced an action to recover the amount of an assessment alleged to be due him as contractor for installing certain street work. The defendants appeared and answered. Their answer contained certain denials and also pleaded affirmatively other defenses. Among the affirmative defenses was the claim that the assessment was excessive. A trial was had before the court sitting without a ...
Views: 0
Page 621
Habeas corpus to review an order of the Superior Court of the city and county of San Francisco committing petitioner to jail for contempt of court in failing to comply with the terms and provisions of an order of said court requiring him to pay to his ex-wife the sum of two thousand eight hundred dollars, the amount due under a property settlement had between the parties.
The record shows that one...
Views: 0
THE COURT.
An action was brought by the plaintiff against appellant corporation, which is engaged in the manufacture of cement, to recover the sum of $5,000, with interest.
The court found that the plaintiff on July 26, 1926, loaned the above sum to the appellant; that the latter in consideration thereof agreed to repay the same in monthly installments, commencing on August 1, 1926, at the rate of...
Views: 2
The appellant, together with two co-defendants, was charged by information filed in the Superior Court of Orange County with having contributed to the delinquency of a minor, and appeals from the judgment of the Superior Court finding him guilty as charged. The grounds assigned for reversal are asserted insufficiency of the information and of the evidence.
Briefly stated, it was alleged that J.B. ...
Views: 6
Defendants appeal from a decree quieting title in favor of plaintiff. At the trial it was stipulated that in 1916 plaintiff became the owner of the property in question. Defendants claim title by virtue of a decree quieting title to the same property, entered June 9, 1923, in another action, wherein one Joseph Blanchard was plaintiff and H.A. Paulk and W.S. Brush, George B. Raum and One Doe, as tr...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 771
THE COURT.
In this action plaintiff seeks to recover against the two defendant corporations for services alleged to have been rendered and materials furnished in connection with the drilling of certain oil-wells and the cleaning out of a certain water wel...
Views: 2
The plaintiff commenced an action to recover damages for an alleged conversion of his interest in an automobile. The defendants appeared and filed separate answers. A trial was had before the trial court sitting without a jury. The trial court made findings in favor of the defendants and the plaintiff has appealed under section 953a of the Code of Civil Procedure.
Facts admitted by the pleadings, ...
Views: 0
The plaintiff commenced an action against the defendant and later she filed an amended complaint. The amended complaint was answered. A trial was had before the trial court sitting without a jury. It made findings of fact in favor of the plaintiff and from the judgment entered thereon the defendant has appealed.
The plaintiff is the daughter and adopted daughter of Alice V. Whittier, deceased, and...
Views: 1
THE COURT.
This action is one to recover sums aggregating $4,532.87 loaned by the plaintiff to the Radio-Therapy Corporation, a Nevada corporation. To evidence portions of the amount loaned two promissory notes were executed to the plaintiff on behalf of the corporation; the first, for $2,500, executed by defendant Richard E. Callahan and C.R. Gailfres as its president and secretary, respectively,...
Views: 0
THE COURT.
[1] It is hereby ordered that the petition for a writ of review in the above-entitled cause be and the same is hereby denied, for the reason that the petitioner has his remedy by right of appeal.
A petition for a rehearing of this cause was denied by the District Court of Appeal on August 8, 1929. *Page 756 ...
Views: 1
THE COURT.
This appeal involves the constitutionality of that portion of section 22 of "The California Fruit, Nut and Vegetable Standardization Act of 1927," which provides that grapes in containers other than those packed in sawdust, cork, etc., and in certain standard containers established by such act, shall, if used, be conspicuously marked in letters not less than one-half inch in height "Irr...
Views: 0
THE COURT.
An action to recover damages for alleged deceit in connection with the sale by defendant Malmgren to the plaintiff of a promissory note secured by a chattel mortgage and a deed of trust.
Defendant Dempsey, who was a real estate broker, acted for defendant Malmgren in the transaction. The Fidelity and Deposit Company of Maryland, a corporation, on November 28, 1924, as surety for defenda...
Views: 1
This is an appeal from a peremptory writ of mandate requiring the appellants, as directors of the school board to assign the petitioner to teach *Page 738
in the elementary department of the Stockton School District.
The petitioner is classified as a permanent teacher in the elementary department of the Stockton School District pursuant to section 1609e of the Political Code of California. She ta...
Views: 3
The plaintiff commenced an action to recover on a promissory note. The defendant answered hy interposing certain denials, by alleging a guarantee and by alleging an affirmative defense to the effect that the plaintiff was not the holder in due course and that the note sued on was an accommodation note for which the defendant received no value, and by alleging a further defense that the note was ul...
Views: 0
THE COURT.
An action to recover upon a policy of insurance against accident issued to Albert T. Meyer in his lifetime, the indemnity for loss of life being made payable to his estate.
The parties filed an agreed statement of the facts, together with photographs showing physical conditions at the scene of the accident. It appears that the insured on January 29, 1927, in the daytime and immediately ...
Views: 2
This is an appeal from an order and judgment of dismissal in an action for libel.
The plaintiff filed a suit for damages against the defendant. Two causes of action were alleged. The first cause was based on a charge of libel consisting of a complaint for insanity which was sworn to and filed in the justice's court at Willows, California. This accusation of insanity appears in full as a part of th...
Views: 2
Mandamus. [1] The question presented by this proceeding is whether, after notice of appeal, given by a husband – appellant, from an interlocutory judgment in a divorce action rendered against him, the trial court may legally refuse to settle the reporter's transcript on appeal for the sole reason that the appellant is guilty of contempt of court in refusing to comply with an order of *Page 719
sa...
Views: 0
The defendant corporation is, and at all times referred to in this action was, engaged in business as the owner and operator of oil properties. In April, 1910, the plaintiff then claiming to be the owner of a placer mining claim (oil property) in Kern County, entered into an *Page 715
agreement for the sale of the claim to one Atwood, who thereafter assigned to defendant corporation all of his ri...
Views: 0
THE COURT.
An action to recover damages for personal injuries sustained by plaintiff Georgie George and for the expense incurred in that connection by her husband.
The injuries arose out of an automobile accident, and were caused by the negligence of Robert Simmons, who is alleged *Page 711
to have been the agent and servant of appellants Chaplin. A jury returned a verdict for the plaintiffs and,...
Views: 4
The appellant, an alleged chiropractor, appeals from a judgment convicting him of having violated the State Medical Practice Act, and from an order denying his motion for a new trial. *Page 704
He was charged with having on or about February 19, 1929, wilfully and unlawfully practiced, advertised and held himself out as practicing, a system and mode of treating the sick and afflicted, and with ha...
Views: 0
The respondent began the above-entitled suit in Perris township, Riverside County, to recover $160.50 which, by amendments to the complaint was later increased to $237.50, together with $100 attorney's fees, interest and costs, for breach of a contract. Judgment was rendered in favor of the plaintiff, and an appeal was taken to the Superior Court of Riverside County, wherein judgment was again ren...
Views: 2
THE COURT.
The above action was brought by plaintiff corporation to foreclose a mechanic's lien upon certain real property of which Gerald E. and Ethel V. Kerrin are the alleged owners, and to recover a personal judgment against Gerald E. Kerrin, who will be hereinafter referred to as the defendant.
The complaint alleged that the defendant, prior to April 15, 1926, began the erection of a dwelling...
Views: 2
The defendant, together with Rafael Cervantes and Orville H. Kilbourne, was charged by information filed by the district attorney of San Bernardino County with the offenses of possession of a still and operating a still, the first count alleging the possession and the second the operation. Cervantes and Kilbourne plead guilty. The jury found the defendant guilty of both counts and he appeals from ...
Views: 23
Certiorari. Somewhat condensed, the history of the present proceeding before this court is that in the course of his employment petitioner was injured; for which injury, at the instance of the employer and the insurance carrier, petitioner regularly received medical and surgical treatment. Some months after the happening of the accident which caused the injury, and pursuant to the direction of ...
Views: 1
Plaintiff sued upon a rejected claim presented against the estate of the above-named decedent as follows:
"To services rendered Laura Goldsmith Patterson and room, board and care furnished and supplied her at claimant's home in Napa County, at frequent intervals and whenever desired by Laura Goldsmith Patterson from 1919 to the time of said Laura Goldsmith Patterson's death, and eggs and poultry f...
Views: 3
Plaintiff and defendants are, respectively, successors in interest of the lessee and lessors under a lease of real property in San Francisco. The lease provided for a renewal term of ten years without definitely fixing the amount of rental for such renewal term. The parties being unable to agree upon the amount and the arbitration provided for in the lease having failed, the plaintiff brought this...
Views: 0
Defendant was convicted of the crime of rape, perpetrated by means of force and violence. He appeals from the judgment and from an order of the trial court denying his motion for a new trial.
[1] Appellant insists vigorously that the evidence was insufficient to support the verdict of guilty. He makes no denial that he had sexual intercourse with the complaining witness at the time fixed in the ch...
Views: 2
This is an appeal from a judgment in favor of respondents in an action brought against them by appellants to restrain them, in the first count of the complaint, from proceeding with the sale of property, therein described, under a deed of trust to secure a note alleged to be usurious, and in the second count of said complaint demanding treble the amount of interest paid on said note and on a prior...
Views: 8
The defendant was tried before a jury upon an information charging a misdemeanor in the maintenance of a common nuisance. Upon the verdict of guilty *Page 187
he was sentenced to one year's imprisonment and to pay a fine of one thousand dollars. From the judgment and from the order denying his motion for a new trial the defendant has appealed upon typewritten transcripts.
The facts are fairly sta...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 181
The appellant was convicted of the unlawful possession of intoxicating liquor. He was also charged with the prior conviction of a similar offense, to which he entered a plea of guilty.
[1] It is now contended that the evidence fails to support the verdict...
Views: 0
THE COURT.
An action to recover the price agreed to be paid for 200 shares of the stock of the Southern States Oil Company, a corporation, which were sold by defendants on the New York Curb market.
The defendants, namely, James F. McDonnell, Hubert McDonnell, Robert E. McDonnell, Harold L. Mack, Robert M. Ridley, Gilbert W. Cullen, and W.P. O'Connor, are copartners doing a stock brokerage business...
Views: 3
The plaintiffs leased to the defendant a tract of land containing about seventy-nine acres for a term of ten years, commencing December 1, 1921. This action was brought April 10, 1925, to recover damages for alleged waste committed by the defendant and for other alleged breaches of the terms of the lease, but the plaintiffs did not claim a forfeiture of the defendant's rights under the lease and h...
Views: 3
On petition of Aydelotte the writ was issued. Return was made on behalf of the sheriff and a traverse was filed by the petitioner. On these papers, and some evidence produced at the hearing, the matter has been submitted.
By indictment duly found and presented in the superior court of Los Angeles County the petitioner stands accused of the crime of grand theft. After indictment the defendant was a...
Views: 9
This case was tried before a jury, which returned a verdict in favor of the plaintiff for damages in the sum of six thousand five hundred dollars for the death of his son in a collision of automobiles alleged to have been caused by the negligence of the defendant. Judgment was entered accordingly. Thereafter the trial court granted defendant's motion for a new trial upon the ground of insufficienc...
Views: 1
— From the decree of distribution rendered in the matter of the estate of Lemuel D. Stockton, certain of his heirs have appealed and have brought up the judgment-roll. There is no bill of exceptions. The appellants present only one point and that is that the trial court erroneously construed the contract of employment of the firm of Athearn, Chandler & Farmer as attorneys at law.
The decea...
Views: 0
The plaintiff commenced an action to recover a judgment awarding her damages alleged to have been caused by certain fraudulent misrepresentations. The trial court sustained, without leave to amend, a demurrer to the fourth complaint, that is the third amended complaint filed by the plaintiff; the plaintiff made no application to amend and twelve days later the trial court caused a judgment to be e...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 146
The first cause of action set up in the complaint is one to recover on a judgment of the supreme court of the state of New York granting to the wife $65 per week for the support of herself and her two children. And appellant sets out four errors in regard...
Views: 3
Two appeals are taken jointly from orders of the superior court sitting in probate in the manner of the settlement of the annual account of the trustee under the will of Melancton Barnett.
The appellants are beneficiaries under the trust who objected to the settlement of the account upon the ground that a new trustee was substituted for the one named by the testator without their approval or conse...
Views: 5
This is an original proceeding in mandamus.
The petitioners seek an order of this court compelling the Board of Health and Milk Inspection Service of the City and County of San Francisco to issue to them a permit to distribute and sell in San Francisco milk produced, pasteurized, and bottled in Colma, San Mateo County, California.
The facts are not in dispute and are briefly these: Petitioners are...
Views: 9
The Wilfred Bellevue Drainage District is a duly organized and existing drainage district. The appellants were, during the times hereinafter specified, the directors thereof.
This controversy arose over the actions of appellants in constructing a ditch over the lands of one F.W. Wilson for drainage purposes without first securing his consent so to do and without instituting condemnation proceeding...
Views: 1
In this action instituted by plaintiff, guardian ad litem of Robert Lindberg, a minor, to recover damages for personal injuries, a verdict was returned in his favor against defendants for $500. Judgment followed, and defendants appealed. The defendants were engaged in the retail grocery business, and in connection therewith operated a delivery truck. On the morning of October 6, 1923, defendant An...
Views: 3
This is a petition for a writ of prohibition.
On November 17, 1926, Marion Shibley commenced an action against her husband, Kenneth Shibley, for separate maintenance, and joined as a party defendant the petitioner herein, California Filter Company, a corporation. The original complaint in said action, among other things, alleges: "Since the marriage of plaintiff and defendant, said defendant Shibl...
Views: 7
[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
Defendant Nan Ross, who drove the automobile in which plaintiff was riding as her guest, and *Page 91
defendant...
Views: 4
An indictment was returned by the grand jury of Los Angeles County charging the defendants Arthur Clensey, William Woods, Horace Miles, Walter Bucan, Carol Morris, Stewart Jones, Malcolm Jones, Julius Becker, H.L. Cokes, and Charles Swafford in count one thereof with the crime of criminal conspiracy to commit robbery and in court two with the offense of robbery. The defendants Bucan, Morris, and S...
Views: 8
[1] The only appeal we can consider in this case is the appeal from the order of the court denying the defendant's application to vacate and set aside its judgment, and his application for leave to withdraw his plea of guilty, which application was made by defendant after judgment on his plea of guilty and after the judgment of the trial court sentencing him to serve in the penitentiary. That such...
Views: 4
The defendants were charged by information filed by the district attorney of Los Angeles County with the crime of robbery. The jury returned a verdict of guilty against the defendant William Dyer, who prosecutes this appeal from the judgment and from an order denying his motion for a new trial. The defendant Meile was found not guilty.
[1] That a robbery was committed is not in dispute. On the sec...
Views: 5
This is an appeal by the defendant from a judgment in favor of the plaintiff for damages on account of defendant's fraudulent representations in the sale to the plaintiff of lands in this state. The agreement out of which the controversy arose was executed by the parties in the state of Minnesota, in which state the defendant was incorporated and has its principal offices and in which the plaintif...
Views: 0
The complaint alleges damages sustained in an automobile collision caused by the negligence of the defendants as follows: damage to plaintiffs' automobile, $573.15; loss of use of the automobile for 16 days, $80, and damage to a tire and tube, $20.85. Verdict and judgment went for the plaintiffs for the total amount demanded and the defendants have appealed.
[1] In his opening statement to the jur...
Views: 1
Since the filing of the transcript in this case C.S. Schwartz, the executor of the estate of Jonas Schwartz, was substituted as plaintiff and respondent in the place and stead of Jonas Schwartz, deceased.
The point in this case is: Was a conveyance of property, described in the complaint, made by the appellant, J.F.S. Brandon, to his wife (his co-defendant), Thereza S. Brandon, while he was insolv...
Views: 0
This action was instituted to secure a decree of partition of certain real property, the plaintiff, J.E. Oliver, claiming an undivided one-quarter interest therein as surviving husband and heir at law of Harriett A. Oliver (nee Miller), deceased. *Page 28
The complaint sets forth that at the time of her death Harriett A. Oliver (nee Miller) was the owner of an undivided one-half interest in and t...
Views: 0
The first two of the above-entitled actions were tried together and, at the close of the evidence, the court instructed the jury to return verdicts in both cases in favor of the defendant. On the return of such verdicts judgments were entered thereon in favor of the defendant. The last of the three actions was tried before the court without a jury, but upon the evidence introduced in the other cas...
Views: 2
This cause is before us upon the petition of Thomas A. Joyner, praying that a writ of mandate be issued directed to the respondent, commanding him to issue a permit to prospect for oil and gas under the provisions of the act of May 25, 1921 (Stats. 1921, p. 404), on certain lands and premises described in the petition.
The petition sets forth that all of the requirements of the act referred to pre...
Views: 2
This is a proceeding commenced in the superior court asking a review of the action of the Corporation Commissioner in denying plaintiff's application for a permit to issue securities within the state of California. The court below issued its order directing that the proceedings be brought before it for review, and, after a hearing, the said court made and entered its judgment dismissing the writ o...
Views: 7
[1] This is an appeal by the defendants from a judgment awarding plaintiffs the recovery of one thousand dollars paid by them as commissions to the appellants for representing respondents as purchasers of that property designated as lot 8 in the opinion filed this day in the case of Robson v. Hahn,ante, p. 671 [277 P. 507]. The facts and the law are set forth in that opinion and we deem further di...
Views: 0
MEMORANDUM CASES.
This is an appeal from a judgment rendered in favor of plaintiff in an action in ejectment.
This case was tried and determined on the same evidence which was presented in the case of A. Van Noy et al. v. Ann Goldberget al., in which an opinion of this court was rendered and filed this day (see ante, p. 604 [277 P. 538]), and upon the determination of which...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 789
This is an appeal from a judgment in favor of plaintiff in a suit in assumpsit to recover purchase money wrongfully retained by the vendor after a breach of contract to sell and convey a fishing boat.
The appellants operated a fish canning and packing est...
Views: 1
Plaintiff entered into a contract with Western Union Oil Company on September 19, 1919, wherein plaintiff, as owner of a certain patented process known as the Armstrong Process, for the extraction and manufacture of high-grade gasoline from natural and casing-head gas, licensed Western Union Oil Company to use said Armstrong Process on certain premises leased by Western Union Oil Company in a plan...
Views: 6
This is an appeal from an order vacating a previous order allowing a broker's commission for sale of estate property, and fixing anew the amount of commission due to respondent. Such motion to vacate was made under section 473 of the Code of Civil Procedure and was based *Page 764
upon the ground that the first order was made and taken against respondent through his mistake, inadvertence, surpris...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 750
This is an action on a promissory note of defendants Carrere and Hawley in the sum of $14,400, payable in installments, with attorneys' fees in case of suit, payment thereof being assumed by appellant Carrere Hawley, Inc., a corporation, and payment of o...
Views: 2
The petition herein on behalf of the applicant for writ was verified by an affidavit of E. L. Medler, one of the applicant’s attorneys. In the affidavit Mr. Medler stated that his verification was upon information and belief, and was based upon statements made to him by Mr. Morgan, the applicant in whose behalf the petition was filed. ^ This court, somewhat inadvertently, disregarded the defects ...
Views: 0
Plaintiff began this action to quiet title to a certain lot situate in the city of Los Angeles, county of Los Angeles. The defendant Lydia L. Lamb appeared and answered plaintiff's complaint, denied the plaintiff's *Page 740
title, and alleged title in herself. On the trial of the issues so joined, judgment was entered in favor of the defendant, from which the plaintiff appeals. Upon this appeal ...
Views: 1
Defendant pleaded guilty to a charge of arson and, at her request, was granted leave to make application for probation. After several continuances had been had of the hearing on the matter of probation for defendant, an order was finally made by which probation was denied, and judgment was pronounced against her. Thereafter defendant moved the trial court for leave to withdraw her plea of guilty t...
Views: 3
This is an application for stay of execution of judgment by which the defendant in the action in the lower court was sentenced to the term of imprisonment prescribed by law for the commission by her of the crime of arson. It appears that the judgment was rendered several weeks after a plea of guilty had been interposed by defendant and followed a denial by the court of defendant's application for ...
Views: 3
This is an original proceeding by mandamus to compel respondent Judge to grant leave to petitioner to proceed in forma pmoperis in a certain action pending in the Superior Court in and for the County of Santa Clara. It appears from the petition that petitioner is the administratrix of the estate of one Stanley Howard Jenkins, deceased, and that the only asset of said estate is a cause of ac...
Views: 1
Upon information filed, petitioner was tried and convicted of the crime of driving an automobile upon a public highway while under the influence of intoxicating liquor. The jury in its verdict recommended that the defendant be punished by imprisonment in the county jail for a term of ninety days. The defendant applied for probation. The minutes of the court for March 1, 1929, show that the applica...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 716
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 717
The beneficiaries of certain trusts created by the decedent during his lifetime appeal from the judgment and o...
Views: 0
Plaintiff sued on a promissory note in the sum of $728.48. The defendant answered, admitting the execution of the note, alleging lack of consideration, and denying that there was any sum unpaid, due or payable. At the trial the defendant offered to prove an agreement between the payee and the defendant whereby the indebtedness evidenced by the note was satisfied and the note canceled. An objection...
Views: 0
The defendants appeal from a judgment rendered against them and in favor of plaintiff in the sum of $1500. The testimony of the respondent’s witnesses establish the following situation: The appellants owned and operated an agency for Chevrolet automobiles at Watts and Compton. During the month of December, 1923, the respondent and Clyde H. Kettering opened negotiations *707 with the appellants ...
Views: 0
The respondent was charged by information filed by the district attorney of Los Angeles County with the crimes of grand theft and a violation of the Motor Vehicle Act. On the date set for trial the respective counsel announced that a trial by jury was waived. Witnesses were sworn and testified, and the court found the defendant guilty of grand theft only. Three days thereafter a motion for a new t...
Views: 7
This is an appeal from a judgment in favor of plaintiff in an action in unlawful detainer. The cause of action set up in the complaint was grounded upon the alleged assignment by the defendant and appellant Weingart of a lease containing a covenant against assignment. The answer denied that there had been any assignment and by way of a second defense plead estoppel.
The grounds urged by appellants...
Views: 6
The plaintiff recovered a judgment in the court below in the sum of $497.70 against the defendant upon an open book account, the plaintiff being the assignee of the "Alles Printing Company" and the defendant appeals therefrom.
[1] The first contention of appellant is that there is no finding that any certificate of fictitious name was ever published as required by sections 2466 and 2468 of the Civ...
Views: 1
Plaintiff brought this action to recover damages from defendant for being evicted by governmental authority from an apartment house occupied by him under a written lease, executed by defendant's predecessor in ownership.
The complaint is in two causes of action. A general demurrer was interposed to each cause of action upon the ground that said complaint, and each cause of action therein set forth...
Views: 2
This action was commenced for the purpose of recovering from the defendants the sum *Page 672
of $1,000 paid to them as their compensation for their services, as real estate brokers, in effecting a sale of property belonging to the plaintiffs upon the allegation that without the knowledge of the plaintiffs or the buyers the defendants collected commissions from both. Judgment was rendered in favo...
Views: 0
Plaintiff sued for $3,500 for labor and services for fourteen months at $250 per month and prayed that the claim be foreclosed as a mechanic’s lien. He was given judgment against his employer for the amount but was denied the lien and now appeals from the judgment. Defendant Bigelow was the owner of 238 acres of land and orchard in Sonoma County. He leased it to a group of associates acting for...
Views: 0
Prior to the litigation hereinafter mentioned, and from which these proceedings arise, the petitioner, James E. Green, entered into an agreement for exchange of properties with William E'. Rhoades and wife, whereby the latter acquired possession' of an apartment house, and certain furniture and furnishings. Upon the execution thereof the vendees signed a conditional sale contract by the terms of ...
Views: 0
THE COURT.
Appeal from an order setting aside a default judgment rendered and entered in favor of the plaintiff and against the defendant. Substantially the same questions are raised on this appeal as are raised in Salsberry v. Julian, ante, p. 638 [277 P. 516], and for the reasons stated therein and in this opinion, the order setting aside the judgment is affirmed.
[1] In this case appellant furt...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 640
This is an appeal from an order vacating a default judgment granted against the defendant. The complaint was for money due and was filed on September 29, 1926. A copy thereof, together with summons, was served on defendant in Los Angeles County on Septemb...
Views: 2
Action was brought to recover judgment for money loaned and money had and received by the defendant for the use and benefit of the plaintiff, arising out of the sale and financing of automobile trucks. Defendant denied the indebtedness and filed a counterclaim for the construction of a building for the plaintiff. Trial was had without a jury, and judgment was granted for plaintiff in the sum of $2...
Views: 0
Clara C. Wright, as guardian of three minors, filed a petition asking that a homestead be set aside in favor of the decedent's minor children. The trial court made an order granting the petition as prayed for and from that order the administrator has appealed and has brought up the judgment-roll. The appellant states that the sole question he seeks to have reviewed is this: "When a married man dec...
Views: 5
The plaintiff was a member of the fire department of San Francisco. He was served with written charges of misconduct and with a notice of the trial of the charges before the defendant board. A trial was had. Witnesses were called, sworn and examined and later the defendant board rendered its decision finding the plaintiff guilty as charged and entered an order dismissing him from the department. O...
Views: 0
This original proceeding is brought to prevent the respondent court from proceeding further in an action entitled ArthurSchuster et al., Plaintiffs, v. Adolf Schuster et al.,Defendants, and particularly to prevent the respondent court from sentencing the petitioner for contempt of court, because of his failure to answer questions at the time fixed for the giving of his deposition. The principal co...
Views: 0
The plaintiff brought this action to foreclose a mortgage on certain real property situated in Kern County. A judgment and decree of foreclosure in the usual form was entered against both defendants. From this judgment the defendants prosecute this appeal.
Said mortgage was given to secure the payment of a promissory note for the sum of $750, dated November 26, 1921.
Appellants contend there was a...
Views: 2
This is an appeal by the plaintiff from the judgment which was under consideration in the appeal by the defendant in Kniese v.Fairfax Incline R.R. Co., 96 Cal.App. 427 [274 P. 382]. All of the stock of the defendant corporation was formerly owned by Rivers Bros., a corporation. While so owned the railroad was operated at a loss. The loss was paid by Rivers Bros. and the deficits were carried on th...
Views: 2
This is an appeal from a judgment in favor of the defendants in a suit to set aside a trustee's conveyance of real property which was executed upon foreclosure sale for default in the payments of principal and interest secured by a trust deed. The appellants contend that the trust deed was executed in violation of the California "Usury Law" (Deering's Gen. Laws 1923, Act 3757, p. 1384), and theref...
Views: 7
This is an appeal by defendants from a judgment in favor of plaintiffs in an action for damages. Plaintiffs are husband and wife and the cause upon which the action rests is the negligence of defendants through and as a result of which a minor child of plaintiffs was killed. No questions are presented which involve the joinder of parties or the amount of the judgment. The facts are not in dispute...
Views: 12
This is an appeal from an order refusing to dissolve an attachment issued in favor of defendant.
The plaintiff, Leslie Allers, brought this action against defendant, Beverly Hills Laundry, Inc., a corporation, alleging in his complaint, "that between the 20th day of January, 1925, and the 16th day of March, 1927, . . . the plaintiff performed work, labor and services in the capacity of manager of ...
Views: 3
The appellants have moved for an order for diminution of the record asking that they be permitted to file a modified bill of exceptions for the purpose of including therein instructions requested by either party to the action whether given or not given and all instructions given by the trial court of its own motion. The appeal was taken on a bill of exceptions which was settled after hearing of...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 570
This is an action for personal injuries. The cause was tried with a jury and a verdict returned in favor of the plaintiff and against the defendants F.M. Hodge, John Kwis and H.S. Rose, copartners doing business under the firm name and style of San Joaqui...
Views: 2
THE COURT.
The defendant Paolo Alonge appeals from an adverse judgment in an action to quiet title, the real purpose of which was to cancel a mortgage standing of record against the property in defendant's name, and which the plaintiff Foristiere claimed was barred by the statute of limitations at the time he acquired the property.
It appears that plaintiff's predecessors in interest, Santo Catani...
Views: 2
The petitioner was charged in the municipal court of the city of Los Angeles with petty theft, was tried by the court without a jury, and convicted. Oral notice of appeal to the superior court was given in open court, and a motion for new trial was interposed after sentence was pronounced and said notice had been given. The motion for new trial was granted, and thereafter on the date set for retri...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 525
This is an action by respondent bank seeking to recover from appellant bank the amount of a check drawn upon and paid by the former, after indorsement by the latter, under circumstances to be hereinafter related. The trial in the court below was had upon ...
Views: 2
This is an action to recover the sum of $600, which is alleged to have been paid out by the plaintiff for the use and benefit and at the request of the defendant. This allegation was denied by the defendant in his answer, and upon trial of the issue the court found in favor of the defendant and rendered judgment accordingly, from which this appeal is taken by the plaintiff. The ground urged by ...
Views: 0
This is an appeal from a judgment for the defendant in an action to rescind a contract for the purchase of a pump, for the breach of an alleged covenant on the part of the vendor that it would elevate forty-one gallons of water each minute.
Pursuant to a written contract dated January 2, 1925, the respondent sold and delivered to the appellant at *Page 509
Tujunga, California, and installed in hi...
Views: 0
Appellant was charged by indictment consisting of three counts with grand theft, it being alleged that he unlawfully and feloniously stole, took and carried away (1) thirty-two thousand shares of corporate stock, (2) a deed of trust, and (3) two thousand five hundred dollars in money, the property of another. He was convicted upon all charges, a motion for a new trial was presented, which was deni...
Views: 0
The district attorney filed an information against Paul Hirschler and Edward Haight which purported to plead against both defendants the charge of robbing A.F. Bouvier and George Deline. The information alleged two counts and further alleged that both acts were part of one transaction. The defendants pleaded not guilty and a trial was had before the trial court sitting with a jury. The jury return...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 491
Plaintiffs obtained a permanent injunction against defendants enjoining the latter from taking water from Gold Gulch, a stream in the Santa Cruz mountains. Defendants had been conducting it over their lands and into another watershed for use upon lands no...
Views: 0
In this proceeding (wrongly entitled People v. Hampton), a writ of habeas corpus was issued out of the supreme court and made returnable in this court.
Upon an information which charged Hampton with the crime of murder, he was found guilty of the crime of manslaughter. On appeal from the judgment of conviction, that judgment was reversed by this court (96 Cal.App. 157 [273 P. 854]). The judgment o...
Views: 1
This is an appeal from judgment after demurrer sustained to plaintiffs' complaint. The plaintiffs allege the corporate capacity of the defendant, Guarantee Title Company, and of the Milton Realty Company and some fictitious corporations, and that the defendants individually named in the title are stockholders of the Guarantee Title Company of Long Beach, defendant, and were such stockholders when ...
Views: 0
This is an appeal by plaintiff from a judgment dismissing her action, she having failed to amend her complaint after an order sustaining a demurrer thereto.
The complaint alleges the following facts: On April 1, 1912, plaintiff loaned $500 to one Shaffer, accepting as evidence of the latter's indebtedness his note for $500, dated April 1, 1910 (that date having been inserted by mutual mistake, all...
Views: 1
Plaintiffs, by their amended complaint and an "amended amendment" thereto sought to recover a balance alleged to be due on a promissory note executed by defendants in the original sum of $3,000; and in a second cause of action set up the written instrument which is the bone of contention in this appeal and which is as follows:
"I hereby agree to work as a carpenter in the carpenter work to be done...
Views: 12
This action was commenced to set aside a settlement between partners and for an accounting. The court below refused to order an accounting and gave judgment for defendant. Plaintiff presents this appeal. Plaintiff and defendant were attorneys at law. In January, 1920, they formed a partnership for the practice of law, which was to continue at the pleasure of the parties. Upon the formation of the ...
Views: 0
The defendant was indicted by the grand jury of Orange County. The indictment contained two counts, the first charging him with the murder of John D. Callicott and the second with the murder of Orlie R. Mahon. The jury acquitted defendant of the first count, but found him guilty of manslaughter under the second charge. The appeal is from the judgment and from an order denying a motion for a new tr...
Views: 0
Plaintiff, the appellant herein, entered into an agreement with A.S. and C.B. Burrows, both of whom are defendants and respondents herein, *Page 417
whereby he was to endeavor to sell the latter's bank stock and was to receive ten dollars for each share sold. Plaintiff made certain efforts to secure a purchaser, and in a more or less indirect way these efforts interested parties who actually purc...
Views: 2
This is a suit by Mary E. Say, a married woman, and wife of W.H. Say, against the defendant to quiet title to land in Fresno County. The defendant denied the title of the plaintiff, and alleged the superiority over plaintiff's title of an attachment lien levied against the land in an action brought by the defendant against W.H. Say, the husband of the plaintiff, Ivan McIndoo and Henry Ross. The de...
Views: 0
This is an appeal from a judgment entered upon default of the plaintiffs for failure to amend their complaint after separate demurrers thereto had been sustained.
This suit was brought to set aside a final judgment against the plaintiffs quieting title to the "Young ranch" consisting of twenty acres of land in Imperial County, California, which judgment upon appeal was affirmed by the Supreme Cour...
Views: 9
This is an appeal from a judgment for defendant, entered after an order sustaining demurrer to third complaint, the plaintiffs having declined to further amend. The complaint will be referred to simply as the complaint, without further reference to the fact that it is a twice amended pleading. The complaint, after preliminary allegations, states as follows: That on March 15, 1920, plaintiff Helen ...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 375
This is an appeal by defendants United Studios, Inc., and Kenneth Daum from a judgment following a verdict against appellants for personal injuries suffered by plaintiff and respondent Peters.
Peters, who is a moving picture actor, was struck and injured ...
Views: 1
This is an appeal by the defendants from a judgment rendered against them in an action to foreclose a mechanic's lien.
Appellants urge that the claim of lien was invalid because it failed to comply with the requirement of the statute that (among other things) it contain "a general statement of the kind of work done or materials furnished." (Sec. 1187, Code Civ. Proc.) An examination of the claim o...
Views: 0
This action was brought by the plaintiff, as trustee of the estate of Frank Brueckner, a bankrupt, to recover money paid by the bankrupt to the defendant, within four months before the filing of the petition in bankruptcy, *Page 751
in satisfaction of an antecedent debt. Judgment was entered in favor of the plaintiff and the defendant has appealed on the judgment-roll alone.
[1] The only question...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 742
This is an appeal from a judgment of the superior court of El Dorado County denying a petition for a writ of mandate to require the exclusion of 517 acres of land from the El Dorado Irrigation District on the ground that the tract would not be benefited b...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 733
Plaintiffs are husband and wife and brought this action to recover damages from defendant for injuries to plaintiff's, F.O. Daniel, automobile and damages for physical injuries to plaintiff Mrs. Bertha Mae Daniel, as the result of a collision between the ...
Views: 8
The plaintiff had judgment in an action brought to recover the possession of twenty-six head of cattle. From this judgment the defendant appeals. *Page 726
As stated in respondent's brief: "The only point involved in this appeal is whether a mortgagee in a chattel mortgage may take up cattle not prescribed or embraced in the chattel mortgage and belonging to a third party, and then recover for th...
Views: 0
Appellants petitioned the superior court for a writ of review as to certain actions of the City Council of the City of Huntington Park. A demurrer to the petition was interposed and the court sustained it without leave to amend. Defendants also filed a motion to dismiss the proceeding and the court granted the motion and ordered the cause dismissed. [1] This attempted appeal is from the ruling of ...
Views: 9
The petitioner here was found guilty of contempt by the respondent court and sentenced to five days' imprisonment in the county jail. He seeks by the writ of review to have the judgment annulled on the ground that the court had no jurisdiction to pronounce it. In support of this contention he advances two .arguments. He says, first, that the original restraining order which the petitioner is cl...
Views: 1
THE COURT.
An action to recover the reasonable value of work and labor alleged to have been performed by the plaintiff for the defendant between May 15, 1905, and September 15, 1918.
The action was commenced on October 28, 1925, the complaint alleging that on August 18, 1924, the defendant, in a writing signed by her, acknowledged the indebtedness. The defendant denied the allegations of the compl...
Views: 0
The respondent instituted an action in the superior court of Riverside County for commissions alleged to have been earned by him as a realtor in obtaining for appellant an agreement in writing, between the latter and G. W. Short and Henry Pitcher, for the exchange of certain real and personal properties. A demurrer and motion to strike out portions of the complaint having been overruled, and afte...
Views: 4
Defendant appeals from a decree in favor of plaintiff as administrator quieting the title of Hannah Boyle, deceased, to a piece of property in the city and county of San Francisco. The appeal is upon the judgment-roll alone.
The complaint alleged that the deceased at the time of her death, January 18, 1920, was the owner in fee simple *Page 704
of the property described. It also alleged that on t...
Views: 3
Plaintiff, a real estate broker, brought this action to recover broker's commission. The defendant was the owner of property on Western Avenue in the city of Los Angeles, which she was desirous to improve with a building and to lease the same for a term of years. With this in mind, defendant (appellant here) made an oral agreement with plaintiff to secure a tenant for her property, whereupon the p...
Views: 1
Briefly, the record discloses that the plaintiffs are the sons of defendant; that certain funds having come into the hands of all the parties, in which each was equally pecuniarily interested, the entire amount was placed in the hands of the mother in trust; thereafter, following various successful business transactions therewith, a portion of the funds was invested in land, the title thereof bei...
Views: 0
The defendant was convicted of robbery. It is contended by him that the trial court erred in admitting certain hearsay evidence, that the district attorney was guilty of misconduct and that the trial court erred in refusing to give certain instructions relative to reasonable doubt.
[1] We are satisfied that there was no reversible error in the admission of evidence. (People v. Hale, 64 Cal.App. 52...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 684
The plaintiffs brought this action for the recovery of personal property and fixtures or their value, if delivery could not be had, and damages for the detention thereof. After the case was tried and submitted, the court, on motion of counsel for the plai...
Views: 1
THE COURT.
Plaintiffs brought this action to recover from defendant bank the sum of $6,500. The claim was alleged in separate counts, one for money had and received, the second for damages due to the alleged violation of an escrow agreement, and in addition equitable relief was sought, namely, reformation of the escrow agreement.
The trial court found for the defendant, and from the judgment the p...
Views: 0
[1] This is a motion to dismiss an appeal from a judgment rendered by the superior court, on the ground that the transcript of the record was not filed within the time prescribed "by law."
By section 1 of Rule I of the rules of the supreme court and the district courts of appeal it is provided that, in a civil action, within forty days after an appeal is perfected the appellant must "serve and fil...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 666
Defendant was charged with the crime of manslaughter and was convicted. He appeals from the judgment and from an order of the trial court denying his motion for a new trial.
The killing which led to appellant's conviction was involuntary. The catastrophe ...
Views: 1
This is an appeal from a judgment for compensation under the terms of an accident insurance policy for injuries sustained. The appellant contends that a receipt in full, which was signed by the respondent, and which is set up in the answer as a defense, bars the recovery.
[1] The respondent was insured against accident by the Los Angeles Life Insurance Company. This policy was sold and transferred...
Views: 2
[1] This is an appeal from a judgment in favor of the defendant in an action for damages for the death of a child caused by an automobile accident. The case was tried before a jury. When the evidence of both parties was completed, on motion of the defendant the jury was discharged and a judgment by the court was rendered for the defendant. The evidence of the negligence of the driver of the truck ...
Views: 6
In this case plaintiff, a married woman, took certain stock of the Security Fire Insurance Company of Davenport, Iowa, her separate property, to defendant bank and handed it to a clerk at the bank to have it sent to Davenport to collect the money for the *Page 645
purchase price of the stock. She indorsed the stock and signed a sight draft which was presented to her by the clerk, and instructed t...
Views: 2
This appeal is from the judgment on the judgment-roll alone. Frances C. Bowman, as plaintiff, sued the defendants for annulment of the marriage of defendants Horace D. Bowman and Bryan Houston Bowman. The defendant Horace D. Bowman entered his voluntary appearance in the action, and by his answer admitted each and every of the allegations of the complaint herein and waived notice of the time of tr...
Views: 3
Appellant was convicted of possession of intoxicating liquor. He has suffered four prior convictions of the same offense. At the time the prosecution was ready to offer its evidence appellant objected to the introduction of evidence on the ground that the information failed to state a public offense. The objection was overruled and appellant now assigns the ruling as error.
[1] Appellant contends ...
Views: 0
By an instrument in writing it was agreed between plaintiff, who was a licensed real éstate broker, and defendant, who was the owner of an orange grove, that in the event of sale or exchange of said property by plaintiff, defendant would pay to plaintiff a commission of five per cent “of list price.” The terms of sale were left open. Later, by oral arrangement between the parties, the terms were ...
Views: 0
An appeal by the defendant from an interlocutory judgment or decree entered in an action for divorce on the ground of extreme cruelty. The court made a division of certain real and personal property which it found to be the community property of *604 the spouses. Defendant contends that the findings and decree do not conform to the issues; that the findings are uncertain and do not support th...
Views: 0
Plaintiff sued on a common count for money had and received. He had judgment for $411.81 and defendant has appealed upon typewritten transcripts.
[1] The evidence is that the money was paid to the defendant, or to its assignor, on account of a conditional sales contract covering the purchase of an automobile. On July 17, 1926, the plaintiff paid to the defendant's agent $53.20, which represented t...
Views: 1
This is an appeal from a judgment for broker's commission for procuring a purchaser for real property who was ready, willing, and able to buy it upon the terms specified.
December 13, 1924, the appellant signed a written contract with respondents agreeing to pay $2,000 commissions for the sale of a Los Angeles lot upon terms which were specifically enumerated. Within the five days' limitation of t...
Views: 0
This action was commenced in the city and county of San Francisco. The cause of action is damage by injury to real property situated in the County of Sonoma, and the abatement of a nuisance therein. This is an appeal from an order denying a motion for change of venue, made "upon the ground that the real property affected *Page 590
by said action is situated in the County of Sonoma, and for that r...
Views: 10
This is an action for legal services rendered by John G. Mott and Albert M. Cross, plaintiff’s assignors, to the defendant, Edward H. Mercer. The action was tried before a jury and a judgment rendered against the defendant for the sum of five hundred dollars and costs. The defendant appeals.
The defendant is a druggist in Oxnard, California, and in the spring of 1922 became involved with t...
Views: 2
This is an appeal from a decree of partial distribution. The appellants had filed objections to the petition for partial distribution, asking that it be denied until their claim of heirship had been determined. The objections were overruled and the probate court made findings to the effect that the appellants were not heirs entitled to succeed to any portion of the estate.
The appeal is presented ...
Views: 1
THE COURT.
This is an appeal by the defendant, Alexander Blumenthal, from a decree annulling his marriage to plaintiff upon the ground that at the time it was solemnized plaintiff was the lawful wife of one Guidice. The decree provided also for a property settlement and for the custody and maintenance of a minor child, the issue of the Blumenthal marriage. Defendant contends, as one of the several...
Views: 8
This cause is before us upon the application of the above-named petitioner for a writ of mandate praying that the respondent, Fred H. Johnson, as Auditor of the County of San Joaquin, be commanded and directed to issue and deliver to the petitioner a warrant upon the county treasurer of the county of San Joaquin for the sum of three hundred dollars ($300) in full compensation due said petitioner f...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 539
Two indictments were returned by the grand jury of Los Angeles County against the defendant, both of them charging him with assault with intent to commit murder, one of them alleging that he did commit an assault with a deadly weapon upon the person of on...
Views: 13
This is an action brought by plaintiff and appellant against defendant and respondent to recover $1,250 real estate commission, growing out of an agency contract entered into on or about November 22, 1923.
The only issue raised by the pleadings was that raised by the allegations of the complaint that "the said plaintiff sold the said premises," the property in question, to "Roy Porter, a purchaser...
Views: 0
On March 10, 1925, plaintiff and respondent Weisenberg bought from defendants and appellants for $3,200 a one-third interest in a parcel of land. The contract of purchase contained a provision giving respondent "the option or privilege to have upon thirty days' notice, within one year from the date hereof, the said sum of $3,200 refunded to him by the parties of the first part (i.e., appellants), ...
Views: 0
J.N. Sprouse, executor of the last will and testament of Mary Wilson, deceased, presented to the judge in the probate proceeding his individual claim based upon an alleged open book account between himself and decedent, and purporting to show a balance of $5,310.89 owing to the claimant. The judge approved the claim. This ex parte order was later set aside by an exparte order; thereafter, and upon...
Views: 7
This action was brought by the plaintiffs to recover damages for death claimed to have been caused through the negligent operation of an automobile by the defendant.
The plaintiffs are the widow and minor children of Louis Botti, who was struck and killed by the defendant's automobile while crossing the state highway in San Mateo County.
Defendant denied the alleged negligence and affirmatively ch...
Views: 5
The appellant applied to the trial court for a writ of mandate to compel his reinstatement as general maintenance engineer of the State Highway Commission and the payment of his salary as such engineer. Judgment was entered in favor of the respondents and this appeal is from the judgment.
At the time this proceeding was commenced and for several years prior thereto, R.M. Morton was state highway e...
Views: 4
Petitioner is imprisoned in the state prison at Folsom by virtue of a commitment issued out of the superior court of the state of California in and for the county of Alameda, and seeks to be released on habeas corpus upon the ground that the judgment of sentence is void.
The uncontroverted facts are that on November 24, 1926, petitioner was charged in said court with having attempted to commit the...
Views: 7
The district attorney filed an information against the defendant charging him with having committed the crime of arson. The defendant appeared and pleaded not guilty. The action was tried 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 judgment was pronounced on the verdict as rendered. The defendan...
Views: 0
Appeal by defendant from a money judgment in favor of plaintiff. The parties had been engaged as partners in the retail drug business. While so engaged respondent Lawson borrowed two thousand dollars secured by a mortgage on his home, which he put into the *Page 500
business. On November 24, 1924, the partnership was dissolved and respondent sold and transferred his interest in the business to ap...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 494
The respondent recovered judgment for $423.75 against the defendant for attorney fees and costs expended by respondent in defending a certain action at law prosecuted against it by reason of having become surety upon a bond given by appellant to the credi...
Views: 3
This is an appeal from a decree of distribution which was made upon the theory that a specific devise of property was adeemed or abrogated by a subsequent change in the character of the property.
The motion of Robert H. Schwab, one of the distributees in the above-entitled estate, to dismiss the appeal so far as it affects the north half of the west half of the east half, the west half and the nor...
Views: 11
This is an appeal by Helen Harvey Holm, a niece of the deceased, from a decree of distribution.
Upon the death of Alice Quinn Harvey, who was a sister of this deceased and the mother of appellant, her estate was *Page 483
probated. By means of an omnibus clause in the decree of distribution in that estate Mary Quinn McLaughlin received an undivided one-eighth interest in the west one-half of lot ...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 464
In this case there is pending before the court a motion to affirm the judgment of the lower court by reason of appellant's alleged failure in his duty to print in his brief or in the supplement thereto all portions of the record necessary to be considered...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 454
This is an action for damages arising from an exchange of real estate, respondents claiming that appellants were their agents in the transaction, and had made false representations to them to induce them to make the exchange. The facts are as follows: *Pa...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 444
This action was brought by appellant as trustee in bankruptcy to set aside a transfer made by the bankrupt within four months of the bankruptcy proceedings, and during the alleged insolvency of the bankrupt, upon the ground that a voidable preference was ...
Views: 0
This case was tried by the court without a jury. At the close of plaintiffs' evidence defendant moved for a nonsuit and when said motion was denied, declined to offer any evidence. Judgment was thereupon entered in favor of the plaintiffs and the defendant has appealed.
The facts which are not disputed are, in substance, that on May 17, 1924, one W.T. Holland was the owner of a Willys-Knight roads...
Views: 3
This is an appeal from an order denying defendant's motion to vacate and set aside the default entered against him for failure to answer the complaint and to vacate the judgment entered thereon awarding plaintiff damages for personal injuries and nervous shock sustained while she was riding as a guest in defendant's automobile which was overturned, as it is alleged, through the reckless and neglig...
Views: 3
Plaintiffs sought by this action to obtain a judgment of $450 as real estate broker’s commission. Judgment was in favor of defendant. The respondent pleaded in his answer among other affirmative defenses that the sale alleged to have been made by appellant was a “wash sale,” but the trial court omitted making separate findings upon these affirmative allegations. It found that respondent had not s...
Views: 0
On or about February 13, 1928, the petitioner herein filed in the Superior Court of Los Angeles County an action for the principal sum of $925, alleged to have been theretofore earned in the city of Los Angeles as a commission upon the sale of real property, and due to the plaintiff, as assignee, from H. E. Yan Till, defendant therein. Answer was filed and the case brought to trial on September 2...
Views: 3
Plaintiffs were the owners of certain furniture and furnishings which included an Italian statue which they wished to store for a time with the defendant and thereafter transport to a ranch located approximately one hundred miles from the place where plaintiffs were then residing. Both at the time the property was transported from the residence of the plaintiffs to the warehouse of the defendant,...
Views: 0
This is an action brought by plaintiff and appellant, as sole surviving trustee of the bankrupt copartnership of Shepard
Gluck, against the defendants, upon their liability as stockholders of the now defunct California Cotton Factorage Company, a corporation.
This cause was, for the purposes of trial, consolidated and tried with an action originally brought by Shepard Gluck themselves directly ...
Views: 0
This is a companion case to that of Bentinck v. Menotti,ante, p. 409 [275 P. 849]. The facts in the instant case are the same, except that this is a case in claim and delivery for the recovery of the same automobile, the defendant Menotti being sued in his individual capacity, and H.S. Bell is added as a defendant, Bell being the keeper and owner of the garage in which the automobile in question w...
Views: 1
On the nineteenth day of September, 1927, the plaintiff and appellant herein, Bentinck, was sued in the justice's court of Palo Alto township, Santa Clara County, and on the same day a writ of attachment was issued out of said justice's court and was subsequently placed in the hands of the defendant and respondent herein, M.E. Menotti, who at the time was constable of Sausalito township, in the co...
Views: 0
Plaintiff brought an action in claim and delivery against defendants Frank Boyd and M.E. Gibson. The complaint contained such allegations only as are customary *Page 407
or usual in such an action. The defendants demurred to the complaint on the sole ground of its uncertainty. They also answered the complaint and in the same instrument set up a cross-complaint. Neither of such pleadings contained...
Views: 0
This is an action to quiet title. The plaintiff named as defendants F.M. Smith, his wife, West End Consolidated Mining Company, Mercantile Trust Company and several other persons. The defendants appeared and answered and a trial was had before the trial court sitting without a jury. The trial court made findings in favor of the plaintiff and from a judgment entered thereon the defendants appealed ...
Views: 4
In her first cause of action plaintiff sued for $1,000 on the theory that defendant had obtained that sum in the nature of an undisclosed profit as plaintiff's agent in the consummation of a sale of personal property. In her second cause of action she sued on a common count for money had and received, on the same theory. The case was tried before the court and resulted in a judgment for the defend...
Views: 0
This is an action by plaintiffs, property holders in the Town of Corte Madera, to quiet title and enjoin the said town and its officials from issuing any bonds to cover an unpaid assessment for street work done under the Improvement Act of 1911. (Stats. 1911, p. 730.) *Page 394
The case was tried by the court without a jury and findings and judgment were made and given in favor of the plaintiffs....
Views: 0
The plaintiff below, who is the respondent here, was the owner and operator of a garage located on the westerly side of a main thoroughfare known as Harbor Boulevard, which runs from the center of the city of Los Angeles to the harbor. The garage was set back from the pavement line something like ten feet. About even with the southerly wall of the building, but on the street line, is a small rest...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 379
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 380
THE COURT.
On May 29, 1925, Leon Girard and his wife, Louise, and Leonie, his daughter (who is a minor) were r...
Views: 3
Habeas corpus. From the application for, and the return to, the writ herein it appears that following the conviction of J.W. Garrity of the crime *Page 373
of conspiracy to violate the Corporate Securities Act (Stats. 1917, p. 673, as variously amended), and on October 31, 1928, judgment was pronounced by the trial court by which the said Garrity was sentenced to pay a fine of $5,000, with no alt...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 369
This action is for damages growing out of personal injuries sustained by the respondent, Shippy, in a collision between an automobile driven by him and a motor bus operated by appellant through its agent, the defendant Claus, in which respondent obtained ...
Views: 3
A complaint was filed in the court below to recover on two promissory notes, which are *Page 366
set out in haec verba, each containing the following clause: "And in case suit or action is instituted to collect this note, the Gillette Realty Company, a corporation promises to pay, besides the costs and disbursements allowed by law, such additional sum as the court may adjudge reasonable as attorn...
Views: 5
This appeal presented by a bill of exceptions is from a judgment of nonsuit. The action is to recover the sum of $1,080 from defendant on an offer to purchase $5,000 worth of capital stock of the Interstate Lumber Company, a corporation. The case was tried upon the complaint, to which there were a number of exhibits attached as a part thereof and the answer purporting to deny all of the averments ...
Views: 1
This is an appeal from an order modifying a final decree of divorce in respect to the custody and maintenance of the minor child of the parties.
The litigation commenced in 1920 when the plaintiff filed a suit for divorce charging his wife with cruelty. The defendant filed a cross-complaint upon the same grounds, and upon the trial of the issues the court found that none of plaintiff's allegations...
Views: 0
Proceedings under the Annexation Act of 1913 (Stats. 1913, p. 587) and amendments thereto for the annexation of certain territory to the City of Orange, a city of the sixth class in the county of Orange, were had up to the point where the city council of said city had passed a resolution calling an election in the territory proposed to be annexed. A petition was filed in the superior court and upo...
Views: 2
The facts in this case are essentially the same as those inFlores v. Toffelmier et al., ante, p. 339 [275 P. 824]. The allegations of the complaint and the findings of the court are about the same. The main differences are that this plaintiff purchased stock in the San Leandro Canning Company, Inc., on the second and fifth days of May, 1921, respectively, and from one Lee Mills, not from any of th...
Views: 5
The facts in this case are essentially the same as those inBrewis v. Toffelmier et al., *Page 340 ante, p. 329 [275 P. 819]. The plaintiff herein purchased shares of stock in the same enterprise involved in that case, in the latter part of December, 1920, and again in March, 1921. In general, the allegations of the complaint as to claimed misrepresentations and conspiracy, and the findings of the ...
Views: 0
In this action recovery is sought for damages claimed to have been suffered by plaintiff through certain fraudulent misrepresentations, alleged to have been made in pursuance of a conspiracy entered into by defendants. The complaint alleges that defendants were interested in the ownership of stock in the San Leandro Canning Company, which company owned certain assets, including a canning plant and...
Views: 0
The plaintiff brought suit on the contract, alleging that he and defendant entered into a contract on the eighteenth day of July, 1922, whereby defendant was to pay plaintiff four per cent of the cost of a building for which plaintiff was to prepare plans and specifications. That he entered upon the work and the "cost of the building was approximately sixty thousand dollars." That advances had bee...
Views: 1
The district attorney filed an information against the defendant charging the defendant with the commission of a wrongful act expressed in two counts. In the first count he charged the violation of section 146 of the Motor Vehicle Act (Stats. 1923, p. 564), and in the second count he charged the commission of grand theft. The defendant entered a plea to each count by pleading not guilty and also n...
Views: 5
THE COURT.
An appeal by the plaintiff from a judgment entered for defendants and respondents Gillespie, Gray, and Hendry, following his refusal to further amend his fourth amended complaint.
As stated by appellant, the gist of his complaint against respondents is that, being neither directors nor officers of the corporation defendant, which was organized under the laws of the state of California, ...
Views: 1
Respondent brought this action for damages for alleged injuries sustained by him when he was struck by an automobile operated by appellant. The trial was before a jury, and judgment was entered in favor of respondent for $3,750 against appellant only, the case having been dismissed as to the other defendant. From *Page 313
this judgment the said defendant Earl P. Driver has appealed.
Substantiall...
Views: 4
The sole question presented for the determination of the court is whether the defendant by the deed herein described, acquired the title in fee to the strip of land in controversy or only an easement for road purposes. Defendant's rights therein were acquired by deed executed and delivered to it on the sixth day of April, 1889, by the then owners of the property through which the strip runs. About...
Views: 8
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 266
In this action after a trial by jury the court below determined that the action was one in equity and, disregarding entirely the verdict of the jury, entered judgment for defendants, from which judgment the appeal is taken. At the outset, therefore, we ar...
Views: 7
The defendant appeals from a judgment of conviction had upon an information charging grand theft. The information is in the following words and figures, omitting title: *Page 255
"The District Attorney of the County of Plumas, State of California, hereby accuses C.D. Plum of a felony, to-wit, grand theft, in that on or about the 3rd day of May, 1928, in the County of Plumas, State of California, ...
Views: 3
Appellant objects strenuously to the judgment on the ground that the respondents are attempting to secure a judgment from a state court in a matter, which, they contend, has been fully passed upon by a United States court.
An examination of the transcript does not bear out this objection.
This action, as we view it, is an action for an accounting for moneys received by the defendant L...
Views: 0
Plaintiff sued for damages for injuries to his automobile resulting from a collision with a truck driven by an agent of the defendant. The cause was tried before the court sitting without a jury and resulted in a judgment for the plaintiff in the sum of $904.52. From this judgment the defendant has appealed upon typewritten transcripts.
[1] The two cars came into collision while rounding a curve o...
Views: 0
Appellant Clement and a co-defendant, Turner, were charged in separate counts with two crimes – robbery and conspiracy to commit robbery. Defendant Turner pleaded guilty to the charge of robbery and judgment was duly pronounced against him. Appellant Clement pleaded not guilty to both charges. He was found not guilty of robbery and guilty of conspiracy "as charged in the second count of the inform...
Views: 10
THE COURT.
An appeal by the defendant corporation from a judgment entered for the plaintiffs in an action to recover the balance of the agreed price of a garbage incinerator and chimney purchased by the defendant and erected at its place of business in Oakland, California, together with the costs of erecting a second chimney in connection with the same incinerator.
On April 22, 1927, the plaintiff...
Views: 0
Defendant pleaded guilty to the crime of involuntary manslaughter. Although defendant was granted leave to file an application for probation, the trial court refused to consider it and denied probation to defendant on the sole ground that under the provisions of section 1203 of the Penal Code the trial court had no power or authority to grant probation to "one who in the perpetration of the crime ...
Views: 8
[1] The petitioner, the mother of two minor children, Charles Harris Flannery and Martha A. Flannery, presented a petition for the writ *Page 511
of habeas corpus for the purpose of testing the legality of the detention of the children mentioned. Petitioner appeared before the superior court on October 16, 1928, in response to an order to show cause why the custody of the children should not be g...
Views: 0
The defendant was charged by information filed by the district attorney of Orange County with the crime of statutory rape. The jury returned a verdict of guilty and defendant appeals from the judgment and from the order denying his motion for a new trial.
The appellant assigns four reasons for reversal, as follows:
1. That the court erred in restricting the cross-examination of the complaining wit...
Views: 4
Four actions are involved in this appeal, three brought by Frank J. McHugh, a street contractor, against several property owners to foreclose certain street improvement liens created pursuant to the "1918 street improvement ordinance" of San Francisco, and one by said property owners against the same McHugh and members of the board of public works of San Francisco to cancel the assessments upon wh...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 490
This is an appeal from a judgment of the superior court of Alameda County declaring valid an ordinance adopted by the city council of Oakland ordering vacated that portion of East Eleventh Street generally described as lying between Twenty-eighth Avenue a...
Views: 5
This is an action for specific performance of an agreement set forth in "Exhibit A" and attached to and made a part of plaintiffs' amended complaint.
It appears that the defendants Hollingsworth and Miles were part owners of a tract of about one thousand acres of land in the city of Los Angeles. At the time of the execution *Page 474
of the writing known as "Exhibit A" the legal title to this tra...
Views: 7
The plaintiff was given judgment against all the defendants for the sum of $6,000 as damages for the conversion of an automobile and the further sum of $250 as compensation for time and money expended in pursuit of the automobile. There are two appeals from the judgment; one by the defendant Hellman Commercial Trust and Savings Bank and the other by defendants Butte, Barker, and Pacific Ready-Cut ...
Views: 0
In consequence of the fact that in 1907 the plaintiff corporation failed to pay its state corporation license tax its corporate charter was at that time forfeited. Six years later, without its status having been changed in any way, the then pretended corporation commenced an action against defendants in which, among other things, the corporate existence of the plaintiff was alleged. Defendants ans...
Views: 8
This is an appeal from the judgment of the superior court of the state of California, in and for the city and county of San Francisco. The action was upon a rejected claim, which claim was presented to the defendant executrix and which was based upon a promissory note alleged to have been given by Camille Mailhebuau, defendant's testator, to Adolph B. Spreckels, plaintiffs' testator.
The amended c...
Views: 0
Plaintiff bank obtained judgment in the superior court against defendant on three promissory notes, two of them being notes which the defendant signed and indorsed and both were made payable to order of “myself at Pasadena National Bank”; both were for $2,000, and the third note for $1,250, signed by defendant, was made payable to the order of the Pasadena National Bank, Pasadena, California. T...
Views: 0
THE COURT.
Plaintiff is the owner of certain premises situate on the northerly corner of Grand and Linda Avenues, in the City of Piedmont, which heretofore have been utilized for residential purposes. Shortly prior to the commencement of this suit she concluded to convert the same into business property and to that end made arrangements to construct two stores thereon. The city's officers threaten...
Views: 12
Defendant was convicted of murder in the second degree. He appeals from the judgment of conviction and from an order of the trial court denying his motion for a new trial.
[1] The information charges appellant with "the crime of murder, a felony committed as follows: That the said Arthur O. Berg on the 13th day of June, 1928, at and in the County of Los Angeles, State of California, did wilfully, ...
Views: 15
The plaintiff commenced an action against the defendant to recover a money judgment on certain assigned claims. The defendant appeared and answered and a trial was had before the court sitting without a jury. The court made findings in favor of the plaintiff on his fourth count and from a judgment entered thereon the defendant has appealed and has brought up a bill of exceptions.
There are few dis...
Views: 0
Plaintiff appeals from an order granting defendants' application to be relieved from a default in failing to answer plaintiff's complaint. One of the grounds urged for reversal is that in granting said application the trial court abused its discretion.
The facts set forth in the affidavits filed by defendants in support of their application were not controverted and may be stated as follows: The s...
Views: 13
The plaintiff owned a tract of land containing about two thousand seven hundred acres, located in the San Fernando Valley, which for several years has been within the city limits of Los Angeles and which is subdivided into five-acre lots with streets running through it. The land is composed of the detritus washed down from the mountains, and is covered with a thin layer of soil, except that portio...
Views: 0
[1] Action to have a trust declared in certain real property and for an accounting. By a third amended complaint plaintiff alleges that on January 1, 1892, she and one Fred G. King, now deceased, entered into a verbal agreement of partnership in the city of Denver, State of Colorado, for the purpose of purchasing, developing, and selling oil properties. That the said partnership continued in exist...
Views: 0
On June 4, 1928, one Domenick Romeo was arrested and taken before a judge of the municipal court of the city of Los Angeles upon a charge of having violated the Wright Act (Stats. 1921, p. 79), a felony, at which time he gave bail in the sum of $2,500, as then fixed, and was released. On June 6th, at the close of his preliminary examination, the defendant moved for a reduction of bail to $1,500, w...
Views: 0
This cause was heretofore before us on an appeal from the judgment and an order denying a motion for a new trial. The judgment and order were affirmed on April 6, 1928. (See People
v. Maggio, 90 Cal.App. 683 [266 P. 813].) [1] After theremittitur had gone down and on June 1, 1928, upon motion of the defendant the trial judge modified the judgment theretofore rendered and affirmed by this court, by...
Views: 1
THE COURT.
The plaintiff, a shipper of perishable fruits and vegetables, brought this action against defendant carrier to recover for damage to fifteen separate shipments, each shipment being a carload of grapes or vegetables and the damage to each carload constituting a separate cause of action.
The shipments originated between October 1 and December 1, 1922, on the railroad line of defendant in ...
Views: 0
This action was brought by a trustee in bankruptcy to recover the assets of a bankrupt estate consisting of a herd of cattle alleged to number eighty-five Ayrshire cows and heifers and one bull. The court found that of the cattle claimed plaintiff was entitled to sixty-five or more, and also that the defendant Edith M. Hanner owned twenty-six animals which were described by name, ear-tag numbering...
Views: 0
This action, while one in form for trespass and to quiet title to land, has for its object the determination of the location of the proper boundary line between certain timber lands owned by plaintiff and defendant. *Page 392
All the lands are situated in township 2 south, range 3 east, Humboldt base and meridian. The complaint contains two causes of action. The first alleges the ownership in pla...
Views: 0
This cause is before us upon an appeal by the People's Mutual Life Insurance Company, a corporation, from an order made and entered in the trial court denying said defendant's motion for a change of venue.
On the twenty-eighth day of September, 1927, the plaintiff filed an amended complaint in this cause, from which it appears that the corporation known as the Mutual Indemnity Accident Health and ...
Views: 0
The original complaint herein sets forth a cause of action for forcible detainer by defendant of real property described in the complaint. The answer denies the allegations of the complaint and alleges ownership and "the quiet, peaceable, open and notorious possession of said premises" by the defendant. In an amended complaint, made after trial, "so as to conform to the proof," it is alleged that ...
Views: 0
This is a motion to dismiss an appeal on the ground that it was not perfected as required by section 7 of the rules of the supreme court, and the district court of appeal. So far as is here material, the rule to which reference has been had provides that: “Upon an appeal - by the de *382 fendant from a judgment of conviction, . . . the appellant must, within five days after giving notice of the...
Views: 0
The appellant, Henry J. Peterson, together with Hoyt W. Smith and Thomas I. Boreman, was charged with burglary in an information filed by the district attorney of Los Angeles County. Peterson was found guilty of burglary in the second degree and Smith and Boreman were acquitted. This appeal is taken from the order denying Peterson's motion for a new trial and from the judgment of conviction.
Immed...
Views: 7
This is an application by the defendant for a writ ofsupersedeas. The parties have stipulated that the matter be submitted on the records and files. The facts, therefore, must be ascertained from an examination of the petition for the writ and the plaintiff's answer thereto. Since the burden of proof is on the petitioner, the allegations of the answer, in the absence of any evidence, must be *Page...
Views: 1
The complaint alleges that the parties are partners in the business of buying and selling real estate; that the partnership property consisted of twenty-one lots described in the complaint, and that the defendant has misapplied and refused to account for moneys belonging to the partnership. The prayer is for a dissolution of the partnership, an accounting and other relief. The answer denies the al...
Views: 7
This matter is before us upon an appeal from a judgment entered after an order had been made sustaining the respondent's demurrer to the plaintiff's petition for a writ of mandate. The petition for writ of mandate alleges that on or about the fifth day of January, 1927, James Robertson, as constable in and for the township of Vallejo, in Solano County, under a writ of attachment placed in his hand...
Views: 0
The appellant was charged by an information in two counts with having embezzled the sum of fourteen hundred dollars and sixteen hundred dollars, respectively. During the course of the trial the judge pointed out to counsel that the commitment of the magistrate was for theft instead of embezzlement. The district attorney thereupon moved the court for leave to amend the information by substituting t...
Views: 2
This action grew out of the sale of an automobile to plaintiff's assignor, Lynden Bowring, followed by failure to transfer title to the purchaser. The defendant appeals from the judgment.
The grounds of appeal as stated by appellant are: First, that the evidence is insufficient to prove that one Claubes, through whom the sale was made, was the agent of appellant, and, second, that there was not ac...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 347
THE COURT.
The action was instituted by plaintiff to recover damages resultant from personal injuries sustained by him.
At the outset the action was against appellant and others. At the trial a judgment of nonsuit was ordered as to the remaining defendant...
Views: 8
Appeal from a decree refusing to enjoin the sale of certain real property under a deed of trust. There is no dispute as to the facts. Plaintiffs and appellants were the owners of the real property here involved. On November 28, 1925, they executed to defendants Burchill and wife two promissory notes, one for the sum of $4,000 and the other for $500. Both notes carried interest at the rate of seven...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 324
In this action plaintiff corporation sought to recover from defendants a certain sum of money alleged to be due under contracts for the furnishing of light and power by plaintiff, a public service corporation, to defendants. At the trial the action was di...
Views: 3
Action for declaratory relief based upon certain written leases. The complaint alleges, in substance, that plaintiff and defendant J.H. Bruns entered into a lease for the term of ten years, commencing on the twenty-sixth day of December, 1916, and ending December 26, 1926, covering certain premises located at Nos. 2011 and 2015 Mission Street, and known as McKinley Market. That in the said lease a...
Views: 0
This action was brought to recover for services claimed to have been rendered to defendant by plaintiff's assignor, one Edward R. Hayden, as a real estate broker. The following facts appear from the evidence: The defendant owned an apartment house at 510 *Page 308
Stockton Street, San Francisco, encumbered by a mortgage for $40,000. Early in 1925 he stated to plaintiff's assignor that he was desi...
Views: 4
Plaintiff was employed by defendant as a camera-man at a salary of $150 per week. The controversy arose from a difference of opinion between plaintiff and defendant as to the length of time covered by the employ *305 ment. Plaintiff and Ms witnesses testified to a definite period. Defendant denied such certainty of time with reference to the employment and, although no custom was specially plea...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 297
This appeal is from a judgment in the sum of $1,250 found to be due to plaintiff on a policy of insurance issued by defendant to Parsiag Marderosian, who died as the result of an accident, and of whose estate plaintiff is administratrix.
The action was su...
Views: 1
This is an original application for a writ of mandate requiring the respondent, as auditor of Lake County, to issue his warrant in favor of petitioner for his salary as sheriff of that county for the month of June, 1928. The only issue of fact raised by the pleadings is whether the petitioner resigned his office as such sheriff on May 17, 1928. A reference was ordered and the referee took evidence...
Views: 1
Appellant's first contention is that the evidence is insufficient to support the findings of the court, that on or about the eighth day of May, 1923, the plaintiff subscribed and purchased from the defendant corporation 150 shares of common stock of the defendant corporation, or that the defendant and one Charles Klein agreed to receive in full payment for said 150 shares of common stock bonds of...
Views: 0
This appeal is from a judgment rendered in pursuance of an order of nonsuit in a will contest.
At the time the will was drawn the testatrix was eighty-two years of age. She left no surviving husband, children, father, mother, brother, or sister. Her property was devised and bequeathed unto her "good friend George E. Bell . . . for the term of his natural life, and at his death in fee simple to my ...
Views: 5
Application for a modification of a decree awarding alimony. The parties hereto were formerly husband and wife. On November 23, 1923, in anticipation of the wife filing an action for divorce they entered into a property settlement and maintenance agreement. This agreement provided, among other things, that the husband should pay his wife the sum of $150 per month for her support and maintenance u...
Views: 2
[1] According to the petition or complaint filed in the court below, the following facts appear: Haden Securities Company, Inc., is a California corporation having 10,000 shares, of which petitioner is owner of 200 shares. E.S. Shipp is the owner of more than 5,000 shares, and is president of the corporation. His wife, E.H. Shipp, is the owner of 100 shares, and is the secretary and treasurer of t...
Views: 2
The plaintiff commenced an action against the defendant to recover a sum of money theretofore deposited with the defendant. The defendant appeared and answered and a trial was had before the trial court sitting without a jury. The trial court made findings in favor of the defendant, and from a judgment entered thereon the plaintiff has appealed and has brought up the judgment-roll. *Page 261
The ...
Views: 0
The facts are that defendant and one Brown executed a promissory note in favor of a bank. On maturity, and after the refusal of defendant Jones to pay the note, it was paid by Brown. Thereupon the bank assigned to Brown all its interest in the note, which in turn Brown assigned to plaintiff. From a judgment in favor of plaintiff, defendant appeals.
The complaint contained two causes of action. By ...
Views: 0
The question involved in this appeal relates to the legality of a judgment or order by which a former order of allowance made to the widow of the deceased was reduced in amount and later altogether discontinued.
It is conceded that the parties to the appeal are bound by the findings of fact which were made by the trial court, and which, so far as are here material, may be briefly stated as follows...
Views: 6
On the fourth day of May, 1925, A. Robbins was injured in an automobile accident. He duly applied to the Industrial Accident Commission for relief. In due time he was awarded certain relief and the State Compensation Insurance Fund complied with the award and then it commenced this action against the defendants. The defendants appeared and answered and a trial was had in the trial court before the...
Views: 6
This is an action on a bond of indemnity given under the following circumstances: The defendant, John F. King, was employed as a fireman and laborer in the operation of a steam shovel, owned and operated by the brothers H.D. Allerton and D.F. Allerton. The Allertons failed to pay King for his labor, and on or about July 8, 1925, King began an action against them in the justice's court in the count...
Views: 2
The plaintiff, as executrix of the last will of Alfreda Smith, deceased, brought this action against the defendants to recover property alleged to belong to the estate of decedent and for an accounting thereof. The defendant Nelson was not served with summons and did not appear in the action. Judgment was entered in favor of the other defendants denying plaintiff any relief. She has appealed from ...
Views: 1
The defendants were convicted of the crime of forgery. They appeal from the judgment. One of the points made by appellants is that the evidence was insufficient to support the verdict, but an examination of their brief shows that nothing more can be asserted than that there was a conflict in the evidence. Indeed, the argument proceeds principally upon the theory that the jury should have believ...
Views: 2
This is an action to declare a trust and for an accounting. The cause was tried by the court without a jury and judgment was entered in favor of the plaintiff and against defendants. Upon motion by defendants, the court made its order granting a new trial, from which order plaintiff appeals.
[1] Since the amendment in 1915 of section 963 of the Code of Civil Procedure, an order granting a new tria...
Views: 0
This is an appeal from a judgment confirming the probate of a will upon a contest instituted after probate. The will was executed by the testator on March 20, 1925, and left all of his property to the proponent, Filomena Dona, a sister. The deceased was unmarried and left surviving as his heirs a brother, three sisters, and the daughter and sons of a deceased sister. A previous contest before prob...
Views: 3
THE COURT.
The defendant was convicted in the superior court of Sacramento County of a felony, to wit, the crime of sex perversion.
[1] The transcript on appeal was filed in this court October 18, 1928. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on January 8, 1929. No appearance was made for appellant at the time the case was ca...
Views: 0
Certain real property in the county of Los Angeles, which admittedly belonged to one Anna B. Dorn, was deeded by her to Jean Harvey, who thereafter borrowed $4,000, giving a promissory note secured by deed of trust upon one of the parcels thereof. It appearing that Jean Harvey and the defendant were one and the same person, she was charged by information consisting of two counts *Page 188
with ha...
Views: 5
The contention of appellant is that he was not accorded a speedy trial to which he was entitled under article I, section 13, of the constitution, nor a trial within the time provided in sections 681a, 1050, and 1382 of the Penal Code.
[1] Section 681a is general in its terms and directory merely. It requires that all proceedings in criminal cases shall be had and determined at the earliest possibl...
Views: 6
This appeal relates to the ownership of an automobile which, so far as is here involved, originally belonged to a distributing company known as Don C. Smith, Incorporated. On June 20, 1924, the Sunset Moon Company, which was a dealer in automobiles, without being the owner or in possession of the automobile in question, entered into a conditional sale contract of the automobile with Brock-ton, on...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 171
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 172
THE COURT.
This action was brought by Ernest Galwey, a minor, through Hannah Galwey, his mother and guardian a...
Views: 7
By stipulation the above two cases were tried together, the evidence offered and proceedings had in said trial applying to each of them, except the evidence as to the measure of damages.
These actions were brought by appellant, Geneva Carroll, for injuries sustained by her, and by R.P. Carroll, for the death of his daughter Belva Carroll, as they allege in their complaints, when the automobile in ...
Views: 6
Defendant appeals from a judgment of conviction of the crime of manslaughter.
Briefly, it appears that as defendant was about to enter a certain pool-hall he "took off his hat, waved it around and let out a yell." A man by the name of Moat, who was standing near the rear of the pool-hall and who remonstrated with defendant on account of his conduct, was struck by defendant on the mouth and nose. D...
Views: 5
The plaintiff, as assignee of M. Berman, commenced an action against the defendants to recover a judgment for moneys had and received. The 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 entered thereon the defendants have appealed under section 953a of the Code of Civil Proc...
Views: 1
This appeal arose from facts of which the following is a sufficient statement: Plaintiff and the defendant Brown were associated together in various real estate activities. While so associated a tract of land near Elsinore, in the county of Riverside, was called to their notice and they took an option for the purchase from its owners, each paying one-half of the cost of the option. The defendants ...
Views: 4
THE COURT.
[1] In an action in the justice's court of Brawley township, wherein petitioner Weare was defendant, a judgment was entered in his favor. Thereafter, and within due time, a notice of appeal was served and filed. It is admitted that this notice was sufficient in all respects except that it was not signed by the attorney for plaintiff, or at all. Petitioner moved the Superior Court to dis...
Views: 1
[1] This is an appeal from a judgment rendered in favor of a real estate salesman for a commission against a broker other than his employer broker, the contention of the appellant being that the decision of Firpo v. Murphy, 72 Cal.App. 249
[236 P. 968], is controlling, and from that decision he inferred that the court meant that the particular service had to be rendered to the employer broker by t...
Views: 0
The plaintiffs commenced an action against the defendant to recover the amount of an unpaid bill of exchange theretofore delivered by the defendant. The defendant appeared and 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 plaintiff, and from a judgment entered thereon the defendant has appealed.
[1] The first...
Views: 1
This is an action in three counts for a money judgment. The third count is upon a promissory note. The answer denies the allegations of the complaint, and in addition sets up a separate defense that, since its execution, the note has been altered and is null and void, and also a defense “that the defendants have paid to the plaintiff the whole sum,” etc. Judgment was entered in favor of the defen...
Views: 3
This appeal is from a judgment in favor of the plaintiff in an action for the recovery of a commission alleged to be due under an agreement between plaintiff and the defendants, involving also an option for the sale of the defendants' real property. The defendants on February 29, 1924, for a consideration of $200 in hand paid, executed a written agreement whereby they gave the plaintiff the exclus...
Views: 1
This is an original proceeding for a writ of mandamus requiring the Oakland city auditor to approve the first week’s salary claims of certain special deputy city clerks appointed and employed by the city clerk under authority of a resolution of the city council of the city of Oakland for the purpose of verifying the signatures and registrations of the signers of a petition filed with the city c...
Views: 1
MEMORANDUM CASES.
All the material facts in this case are practically the same as those in Brewis v. Toffelmier et al., ante, p. 329 [275 P. 819], and are exactly the same as those in Joseph Flores v.Toffelmier et al., ante, p. 339 [275 P. 824]. The plaintiff herein is the wife of the plaintiff in the latter case, and her stock in the San Leandro Canning Company, Inc., was ...
Views: 0
This is an appeal from an order of the superior court of the city and county of San Francisco granting an injunction in favor of the plaintiff the Berkeley Chiropractic College, and against the defendants as the acting state board of chiropractic examiners. The appellants contend that the state board of chiropractic examiners, under and by virtue of a statute of this state creating the board and d...
Views: 2
This is an action for damages. The cause was tried with a jury and a verdict rendered in favor of the plaintiff and against the defendant United Fruit Distributing Company for the sum of $2,500. From the judgment entered thereon said defendant appeals.
Appellants urge several points upon this appeal. The first of these is that there is a material variance between the allegations of the amended com...
Views: 2
[1] Defendant was convicted of the crime of forgery. It is his first contention that the trial court erred in denying his motion for a continuance, made on the day of trial and based on the want of preparation and the absence of material witnesses. However, there is no showing of reasonable diligence on the part of defendant in his affidavit in support of the motion (People
v. Ponchette, 30 Cal.Ap...
Views: 4
Pursuant to a petition therefor, signed by more than fifty taxpayers and residents of the unincorporated *Page 771
village or town of Palos Verdes Estates, in Los Angeles County, the board of supervisors by resolution enacted that on January 31, 1928, between the hours of 1 P.M. and 7 P.M., an election be held to determine whether or not a library district should be formed in accordance with the ...
Views: 2
In this action plaintiff sued the defendants for the sum of five thousand dollars actual damages alleged to be due him for personal injuries inflicted by said defendants, and also for the sum of five thousand dollars exemplary damages. The cause was tried *Page 765
by a jury and a verdict returned in favor of the plaintiff and against both defendants for the sum of five thousand dollars. Defendan...
Views: 5
This is an action by W.L. Atkinson, doing business under the fictitious name and style of W.L. Atkinson Company, as plaintiff, against F.H. Boynton, as defendant, to have a trust declared in favor of the plaintiff in a certain promissory note and deed of trust, to the extent of $5,000. Said note and deed of trust standing in the name of said defendant.
In so far as it is material on this appeal, ...
Views: 1
THE COURT.
The defendant appeals from the order denying its motion to vacate the judgment rendered against it in favor of the plaintiff on the seventeenth day of June, *Page 784
1926, and also appeals from an order refusing to grant its motion for a new trial.
By the provisions of section 963 of the Code of Civil Procedure, no appeal lies from the denial of a motion for new trial.
[1] The facts d...
Views: 0
MEMORANDUM CASES.
By stipulation of the parties the above two cases, upon the evidence produced and instructions given in the cases of GenevaCarroll, etc., v. Central Counties Gas Co. and R.P. Carroll
v. Central Counties Gas Co., ante, p. 161 [273 P. 875], were submitted to the same jury that tried said last-named cases. The jury returned verdicts in favor of respondents. A...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 774
An action to recover real estate commissions alleged to have been earned by the plaintiff Mrs. Pray in procuring a buyer for defendant's property. Upon trial before a jury a verdict was rendered in plaintiffs' favor for the amount claimed to be due. Judgm...
Views: 5
This is an application for a writ of certiorari to review the order of the trial judge directing certain witnesses to answer interrogatories which were propounded upon the taking of depositions before a notary public.
The petition alleges that an action for money had and received was pending in the Superior Court of the County of Sacramento. The complaint in that action was couched in the simple f...
Views: 11
This is an appeal from a decree of distribution awarding all the property of the deceased to Mary A. Gregson, the surviving wife.
The record shows that William F. Gregson died intestate in the county of San Joaquin, on or about December 3, 1926, leaving as his widow Mary A. Gregson, and the following children by a former marriage: Mary Alice Gann, J. Henry Gregson, William A. Gregson, and Carrie K...
Views: 3
This is an appeal by the plaintiff from that portion of an interlocutory decree of divorce awarding the respondent counsel fees and alimony upon her cross-complaint. The interlocutory decree granted the respondent a divorce, alimony, and counsel fees in the sum of $100. The record shows that no counsel fees were asked for during the pendency of the trial, and not until after the termination thereo...
Views: 3
Plaintiff brought this action to recover from defendants a balance of $1,332.23 which he *Page 762
claimed they owed him for baling hay and for fuel furnished to the amount of $45.
In his original complaint he named as defendants only defendants Wann, Towel, and Chase and the copartnership of which they were members. In his amended complaint filed April 9, 1926, some six months before the trial o...
Views: 1
Plaintiff sued to quiet title to certain real property situated in the city and county of San Francisco. Defendant answered, setting up his own title through a tax deed. Judgment went for defendant quieting his title and the plaintiff has appealed on a typewritten transcript. *Page 749
[1] Plaintiff claimed ownership to the property as heir to the estate of his father, who died June 8, 1912. Def...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 710
The transcript in the above-entitled cause includes the record on appeal of nineteen actions consolidated for the purposes of trial. Five of these actions have been dismissed, leaving for our present consideration the appeals in fourteen of said actions. ...
Views: 6
Mandamus to compel the trustees of the city of Menlo Park to call a recall election. The petition recites that within three months last past petitioner and other qualified electors prepared and circulated a petition for the recall of Alfred E. Blake and Alexander Walker as trustees and members of the city council of the city of Menlo Park and in said petition demanded the election of a successor t...
Views: 0
This is one of the actions growing out of the contract and transactions set forth in Campbell v. Smith (No. 3574),ante, p. 689 [274 P. 758], to which reference is hereby made for a more complete statement of facts. The plaintiff herein is the assignee and agent of the Falls Rubber Company. He prosecutes this action to recover possession of automobile tires and tubes of the alleged value of $8,000....
Views: 0
This is one of the actions arising out of the contract and transactions set forth in Campbell v. Smith (No. 3574),ante, p. 689 [274 P. 758], to which reference is hereby made for a more complete statement of facts. The plaintiff in this action is the assignee and agent of the Falls Rubber Company.
The complaint is in three counts, on three trade acceptances executed by defendant in favor of the Fa...
Views: 0
This is an action to recover personal property, consisting of automobile tires and tubes, in which action the plaintiff claims the delivery of the property and it was given into his possession prior to the trial. The case was tried before a jury, which returned a verdict in favor of the defendant for the return of the property and fixed its value at $30,000. Judgment was entered accordingly and th...
Views: 1
This is an appeal taken by defendant and cross-complainant L.J. Conley from a judgment and decree of foreclosure and sale in favor of plaintiff and respondent W.J. Schelling and defendant and cross-complainant E.N. Tooby. *Page 684
The facts are that on September 22, 1922, respondent Schelling signed, as an accommodation maker, a $1,000 promissory note with defendant Rexford Thomas, thereby enabl...
Views: 7
This action was tried upon the amended complaint of respondent which contained three counts. In the first count thereof respondent seeks rescission of a contract entered into between himself and defendants Porterfield and Deyot upon the ground of fraud and fraudulent representations. In the second count he seeks judgment against defendants for money had and received, and in the third count he seek...
Views: 2
Action for damages for assault, malicious prosecution, and false imprisonment. Plaintiff appears in propria persona. By a third amended complaint he charged, under various counts, that defendant, a police officer, arrested him on several occasions, and that said arrests were made maliciously and without probable cause. He also alleged that at the time of making one of the arrests, defendant struck...
Views: 0
Two informations were filed by the district attorney of Los Angeles County, charging the defendants in three counts with burglary and in five other counts with robbery. They were tried by a jury and found guilty. The appellant prosecutes this appeal from the judgment and an order denying his motion for a new trial.
[1] But one ground is advanced as a reason for reversal. The counts which charge th...
Views: 0
The appellant was charged by information consisting of five counts with having committed grand theft, in that on the following dates he did unlawfully take from the Pacific States Savings and Loan Company, a corporation, the respective sums of money specified, that is to say: August 15, 1927, $300; August 27, 1927, $500; April 11, 1928, $500; October 10, 1927, $250, and October 17, 1927, $306.48. ...
Views: 2
The appellant was jointly charged by information with two other defendants with having committed forgery and grand larceny in the county of Los Angeles on or about July 5, 1927. One of appellant's co-defendants pleaded guilty to the crime of forgery, and as to the other the charges were dismissed. Snell was tried by a jury, and on April 19, 1928, was found guilty of having forged the names of Ella...
Views: 9
[1] Albert W. Holland was admitted to practice in all of the courts of California by an order made by this court on the eighth day of November, 1926. The present proceeding is one to revoke and cancel his license to practice law on the ground that the order was procured by fraud and the concealment of facts establishing a bad moral character. Jurisdiction over the person of the respondent has been...
Views: 6
Action in conversion; plaintiff claimed to be the owner of fourteen tons of raisins grown during 1926 on land owned by one George Betel. These raisins were seized by the defendant sheriff while they were in sweat boxes on the land of Betel; defendant was acting under a writ of attachment in an action entitledDauer v. Betel, and the raisins were seized as the property of Betel. In April, 1923, Bete...
Views: 1
A purported will of Mathias Walter Offill, deceased, was offered for probate under petition of E. Louise Bell, for letters with the will annexed. Addie O. Freeman, a daughter of deceased, contested the probate thereof on a number of separate grounds. Only three of the grounds of contest need be noticed herein, and they put in issue the points covered by the following references and quotations from...
Views: 5
William Shaw died leaving a will wherein he appointed the appellant herein, Marie Shaw McReavy, executrix and trustee. The twelfth paragraph of the will reads as follows: "I hereby affix the compensation of my executor and trustee at the sum of $10 per month, for the first twelve months after qualifying as such, and $5.00 per month for each month thereafter." Decedent left a codicil to his will, t...
Views: 0
The defendants were convicted of the crime of robbery. Defendant Crawford appeals from the judgment.
Evidence was adduced at the trial which tended to prove the following facts: Appellant and his co-defendant, Strider, hailed a taxicab, of which one Bates was the driver. Both entered the vehicle and one of them – the evidence does not show which – directed Bates to drive them to a certain street i...
Views: 4
[1] The motion to dismiss is made upon the ground that appellant has failed to file a transcript of the record and her points and authorities within the time prescribed by law and the rules of this court, and the motion is based upon the certificate of the county clerk and various affidavits showing such default. Appellant admits her default but seeks relief under the provisions of section 473 of ...
Views: 0
The plaintiff leased certain real property to defendant Mary Kost, who thereafter assigned her lease to defendants Egley. Together with the assignment of the lease Mary Kost sold and transferred to the Egleys certain personal property constituting the furniture, furnishings, etc., in the leased premises. This personal property was subject to a chattel mortgage which had been executed by Kost to th...
Views: 0
This is an action for damages brought by appellant against respondents Coult, Steel, and Eichler, directors of the Cordua Irrigation District, for their alleged negligence and misconduct and wilful violation of their duties as such directors, in failing, refusing, and neglecting to supply appellant with the water necessary to irrigate and mature his rice crop growing on land situated in said distr...
Views: 0
[1] Motion by respondent (who was one of the plaintiffs in the lower court) to dismiss appeal taken by one of the appellants (who also was a plaintiff in the lower court) on the ground that said appellant, having assigned his interest in the judgment to the respondent, is no longer interested in the result of the appeal. However, since it appears that the assignment in question was not made by suc...
Views: 1
Plaintiffs and respondents by this action foreclosed a chattel mortgage upon hotel furniture. The mortgage was executed by Reynaud and wife as security for the faithful performance of a lease under which they operated the hotel. The appellant, Elise Pfeiffer, held a second chattel mortgage upon the same furniture and upon this appeal claims that, by virtue of an assignment of the *Page 608
lease ...
Views: 0
This is an appeal by defendants from a judgment quieting plaintiff's title to certain real property against conditions subsequent contained in the deeds from defendants to her, either directly or by mesne conveyances (except as to race restrictions).
Defendants were the owners of a large tract of land which they subdivided into over five hundred lots, but these lots were not mapped and recorded, n...
Views: 0
THE COURT.
The defendant was convicted in the superior court of Stanislaus County of a felony, to wit, the crime of attempt to make, pass, and utter a fictitious check.
[1] The transcript on appeal was filed in this court July 21, 1928. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on February 4, 1929. No appearance was made for ap...
Views: 0
The defendant in this case was named in the will of Nicholas John Steiner as executrix, without bond, and shortly after the death of Steiner she was duly appointed to that office and qualified on June 20, 1917. On February 25, 1924, citation issued commanding the *Page 591
executrix to appear May 9, 1924, and show cause why she should not be removed. Her powers were suspended in the order for the...
Views: 2
These three cases were consolidated for trial and are brought here upon one record.
The plaintiff, as the administratrix of the estate of Edward James Henderson, deceased, sought to recover from the defendant Electric Loop Land Company $13,336.39; from the defendant Richmond Annex Land Company $12,202.54; from the defendant Havenscourt Company $10,925.11. In each one of the three cases the court g...
Views: 2
Christiana G. Reay died in 1925, intestate, leaving three sons – Joseph W., Jr., Wallace, and Charles. At the time of her death there was on deposit in the Mercantile Trust Company of California, in the name of Joseph W. Reay, Jr., approximately $16,000. A claim to this deposit having been made to the bank by one of the heirs, that the same was property belonging to the estate of Christiana G. Rea...
Views: 5
[1] Appealing from the judgment on a verdict for damages resulting from the negligence of a minor, Harry Rose, one of the defendants and the sole appellant herein, contends that the evidence is insufficient *Page 565
to support the verdict. Two arguments are advanced: First, that the said minor was not an employee of the appellant; and second, that if it be held he was an employee, he was not act...
Views: 0
THE COURT.
A petition was filed on September 6, 1928, with the council of the city of Oakland, to submit to the electors a proposal to establish a council-manager form of government for the municipality and to amend certain sections of its charter. This proceeding is one in mandamus to compel the council and its members, who are made respondents, to transmit the petition to the county clerk of Ala...
Views: 6
Plaintiff and appellant herein was a defendant in the municipal court of the city of Los Angeles, the cause being entitledAmelia Appleby v. Russell Julien, for damages. Judgment was entered against him. Thereafter he brought suit in the superior court asking that the equity powers of that tribunal be used to vacate and set aside such judgment on the ground that it had been fraudulently obtained. T...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 551
This appeal was taken from a judgment which was rendered against the plaintiffs for failure to amend their pleading after a demurrer to the second amended complaint had been sustained.
The complaint is voluminous, comprising more than a hundred printed pa...
Views: 4
This appeal is from a judgment entered upon the sustaining of the demurrer of the respondent Indemnity Company to the complaint, without leave to amend, in an action upon a bond for $5,000 executed on January 1, 1925, by the defendants Jac. F. Van and others as principals and the respondent as surety.
[1] The bond was given pursuant to paragraph 3 of section 5 of the Corporate Securities Act (Stat...
Views: 0
Appeal from a judgment awarding defendants costs and attorneys' fees in an action for slander. The proceeding was commenced on January 28, 1927. No bond was filed as required by statute in cases of this character nor was any summons ever issued. On February 4, 1927, defendant A.D. Shaffer, who is an attorney at law, served upon plaintiff written notice of appearance on behalf of himself alone. At ...
Views: 4
This is an appeal from a judgment growing out of facts of which the following is a sufficient statement: In July, 1924, the defendant Gagnon doing business under the name of Affiliated Enterprises, secured an option on a tract of about thirteen and one-half acres of land in the city of Los Angeles. To exercise the option and purchase the land, he proceeded to organize a "syndicate" to which he tra...
Views: 0
The purpose of this proceeding is to review an order of award of compensation made by the respondent tribunal, known as Department of Industrial Relations, Division of Industrial Accidents and Safety, to one Tyler for injuries sustained by him in the course of his employment.
From the petition for a writ of review and the return thereto, briefly, but so far as are here essential, the facts which s...
Views: 1
Defendant appeals from a judgment of conviction upon an information filed by the district attorney of Los Angeles County, charging him with the crime of "possession of a still," and from an order denying his motion for a new trial of the action. In urging a reversal of the judgment, appellant presents the following grounds:
1. That the evidence is insufficient to support the verdict.
2. Errors com...
Views: 0
This action was instituted by the plaintiff to obtain a declaratory judgment determining the respective rights of the parties hereto under the terms and *Page 13
conditions of a lease entered into between said parties on the first day of February, 1924. On and prior to the date referred to the defendants were the owners of certain pier rights at Venice and Santa Monica in the state of California....
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 22
This action was commenced to declare a trust in favor of plaintiff and to enforce an accounting thereof.
In the court below plaintiff prevailed and after accounting had it was found that a large sum of money was due to the plaintiff and judgment entered ac...
Views: 2
Mandate to compel the Superior Court of the County of Fresno to hear and determine a motion for an order to vacate and set aside a previous order, admitting the will of one Bessie M. Ball to probate, and appointing an executor thereof.
The petition in substance alleges that the court had no jurisdiction of the estate for the reason that the deceased was not a resident of the county of Fresno at th...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 60
This appeal is from a judgment for the plaintiff for attorney's fees. The complaint set up three causes of action, the first alleging the performance by plaintiff of legal services of the reasonable value of $2,145.42, of which sum $319.75 had been paid, t...
Views: 5
The plaintiff, as the assignee of Meyer Cloak Suit Company, instituted this action to recover judgment against the defendants upon a written guaranty signed by them, in the words and figures following, to wit:
"We hereby guarantee payment for all merchandise purchased from Meyer Cloak Suit Company, and Granada Knit Mills by Mrs. N.L. Stucky of Red Bluff, California, up to the amount of Fifteen H...
Views: 3
Various parties plaintiff in this proceeding, claiming to have furnished services and materials at the instance of the Economy Home Builders, a corporation, for the construction of buildings upon real property alleged to have been owned by several persons who had contemplated selling the realty to the corporation, filed mechanics’ liens thereon, and thereafter instituted this action against the o...
Views: 0
The defendants J.F. Bryant and E.I. Bryant were convicted on six counts of an indictment charging them and Marion R. Bryant with obtaining money by false pretenses, and acquitted on one count. The jury found the defendant Marion R. Bryant not guilty. Since this appeal from the judgments pronounced upon the verdicts and the order denying the motion for a new trial was perfected the appellant E.I. B...
Views: 15
In this action to recover damages for personal injuries a motion for nonsuit was granted, and the *Page 93
defendants recovered judgment for costs in the sum of $122.80. Plaintiff appealed from judgment, which appeal is now pending in this court. Plaintiff now applies for writ of supersedeas to stay enforcement of the judgment.
In addition to the facts above noted appellant states in her petition...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 96
This is a rehearing of an appeal from a judgment in an action for damages for the breach of a contract and for partial failure of the consideration therefor.
The plaintiffs were the owners of an ice-cream business in Merced, called the Castle Ice Cream Com...
Views: 3
J. — The defendant Alfonso Mesa was tried by the court sitting without a jury and found guilty of the crime of robbery. He prosecutes this appeal from the judgment pronounced against him and from the order denying his motion for a new trial. The sole ground relied upon for a reversal is the insufficiency of the evidence. The evidence is amply sufficient to justify the finding that Mrs. Mabel Mo...
Views: 0
This appeal is from an interlocutory decree of divorce granted to plaintiff, and from an order denying the defendant's motion for a new trial based upon the ground that the decision is contrary to the evidence.
There was evidence introduced proving or tending to prove the following facts: The plaintiff and defendant intermarried on the twentieth day of December, 1910, at Victoria, Texas. In the sp...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 112
The appellant, Ada Johnson, is the mother of Frankie Johnson, known in theatrical circles as Frankie Darro, a minor under the age of fourteen years. It is admitted that she and the respondent Frank Johnson intermarried at Los Angeles on January 15, 1923, ...
Views: 18
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 124
While this cause is presented to us upon two separate appeals, one by the Hartford Accident Indemnity Company and E.P. Smith, upon a reporter's transcript prepared under the provisions of section 953a of the Code of Civil Procedure, and one by the Globe I...
Views: 4
The parties to this action agreed in writing on April 11, 1923, that the appellant should perform the necessary legal work for respondent in connection with the proposed construction of an apartment house, for a fee of seven thousand five hundred dollars. Respondent agreed to pay one-third thereof "when the main contract for the construction of the building is let," one-third "when the *Page 454
...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 458
This is an original proceeding instituted by the petitioner herein praying that a writ of mandate be directed to the respondent as auditor of the city of Stockton, to draw a warrant in favor of the petitioner against the city of Stockton for the payment o...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 472
This appeal was taken by the plaintiff from a judgment of the Superior Court of Orange County denying plaintiff's demand for recovery of $625 with interest, the contract price for services rendered in preparing building plans and specifications.
The contr...
Views: 4
Appellant brought suit against respondent alleging conversion of seven cows of the value of $266 and damage in the sum of $500 from the conversion. Respondent denied the conversion and damage and filed a cross-complaint alleging conversion by appellant of seven of respondent's cows to his damage in the sum of $700. A trial was had before the court without a jury, and judgment was rendered against ...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 484
From a judgment based upon a verdict awarding plaintiffs (the sellers) the price of five carloads of lumber, defendant (the buyer) appeals, claiming (1) that, as title to the lumber did not pass, the verdict erroneously awarded the contract price in accor...
Views: 6
Appellant brought this action upon an assigned claim of the Fyfe-Wilson Lumber Company to recover damages for the alleged conversion of certain logging equipment located in the state of Oregon. Judgment of nonsuit was entered and the appeal is taken therefrom.
The respondent Moore Mill and Lumber Company is an Oregon corporation and the Fyfe-Wilson Lumber Company is incorporated under the laws of ...
Views: 3
Plaintiff sued to set aside certain deeds conveying real property to defendant. The cause was tried before the court sitting without a jury. Findings and judgment favored the defendant and the plaintiff has appealed on a bill of exceptions.
Dr. Kuznik was the mother of the plaintiff, the defendant, and of two other children. She died April 19, 1925, at the age of seventy-three years. About two mon...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 505
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 506
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
Views: 10
The facts upon which this appeal is predicated are that the defendant bought some lumber from a man *Page 527
by the name of Bergman, in payment of which the defendant gave its trade acceptance to Bergman, payable about sixty-seven days from the date thereof. Some years preceding such transaction Bergman, who theretofore had become indebted to the plaintiff bank, was adjudicated a bankrupt. The d...
Views: 0
The plaintiff and defendant entered into an agreement of exchange whereby the plaintiff agreed to convey to the defendant a contract of purchase of a lot at Clearwater, California, and deliver to defendant a promissory note executed by himself and his wife, Mae Sourisseau, in the sum of $600, and in return to receive title to twelve lots in El Centro, Imperial County, California. Soon after the e...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 534
In this action for the recovery of Liberty and Victory bonds and a note and mortgage securing the same from the defendant bank, the action having been dismissed as to the other defendants, the pleadings framed for decision the following issues: (1) The ch...
Views: 2
This case now comes before the court upon hearing granted after the court had entered an order denying the application for the writ. On both hearings the cause was heard upon notice, and upon demurrer to the petition, and upon the petition and the answer of respondents. The opinion which accompanied said former order reads as follows:
"There is pending in the Superior Court an action, number 273-3...
Views: 1
This matter comes up on a petition by appellants for a writ of supersedeas. The matter before the court was originally initiated in the Superior Court on petition for a writ of mandate. The writ of mandate was issued as prayed for in the said petition, and an appeal was taken from the judgment to the Supreme Court. Thereafter, a petition for a writ of supersedeas was filed in the Supreme Cour...
Views: 0
Marcus Lathrop, as executor, substituted as party plaintiff in place of Edmund E. Katz, deceased, August 1, 1928.
This appeal was taken to the District Court of Appeal for the Second Appellate District and transferred to this court for decision.
Judgment was for plaintiff in the trial court in the sum of $537.50 and costs amounting to $17.10, on suit for the use and occupation of plaintiff's wareh...
Views: 14
This is an action based upon alleged fraud and deceit. Archibald Andrew, plaintiff in the court below, sought therein to recover the sum of $14,594 paid by him to one E.A. Shouse for eleven automobile sale contracts which plaintiff claims he was induced to purchase by reason of the fraudulent statements, misrepresentations and deceit of the defendants. The contracts were later found to be fictitio...
Views: 7
On November 19, 1923, the respondent Daly Bank Trust Company of Anaconda, Montana, transmitted to respondent Charles E. Sackett, at Los Angeles, California, its draft on the Wells Fargo Nevada National Bank of San Francisco, California, for $1,000. On November 23, 1923, the payee indorsed the same to respondent N.M. Hayter, who in turn indorsed it to R.F. Ingold, appellant herein, and, after depo...
Views: 0
This is an action by a broker for the recovery of a commission for the sale of an orange grove, claimed to have been made by plaintiff and one L. L. Hammersley, a salesman in his employ. On March 6, 1926, the defendant executed and delivered to plaintiff a written listing agreement. On April 19th, the said Hammersley, acting for plaintiff, secured from defendant what was apparently a written opti...
Views: 0
The defendants appeal from an adverse judgment in an action to recover rentals claimed to be due under the terms of a written lease and for damages on account of the alleged loss and conversion of personal property while defendants were in possession of the leased premises. The lease was entered into on December 7, 1925, between plaintiffs, J. D. Grove and wife, and the defendants Morris and In...
Views: 0
This is an appeal by the plaintiff from an order of the Superior Court in and for the City and County of San Francisco vacating four separate judgments in a consolidated action involving eleven different mechanic's lien cases; also, an appeal from two other ex parte orders of the trial judge.
The facts are not in serious dispute and are briefly these: On February 20, 1926, Alexander G. Mattson, a ...
Views: 0
The plaintiff commenced an action against the defendants to foreclose a mechanic's lien. The owners appeared and answered. A trial was had before the court sitting without a jury. The trial court made findings of fact in favor of the plaintiff and from a judgment entered thereon the defendants have appealed under section 953a of the Code of Civil Procedure.
[1] Before any evidence was introduced t...
Views: 0
The transcript on appeal herein was filed on June 14, 1929, and appellants' opening brief was not presented for filing until September 20, 1929. Theretofore, on the fifth day of September, 1929, a notice of motion to dismiss the appeal was filed herein, it having been served on said day on the attorney for appellants.
Section 4 of rule I of the Rules of the Supreme Court and of this court provides...
Views: 0
Plaintiff sued for injuries received in an automobile collision. The cause was tried before a jury and resulted in a verdict for plaintiff and against the defendants Black and Hazel Reding in the sum of ten thousand dollars. The defendant Reding alone appeals from the judgment following the verdict, upon typewritten transcripts. *Page 611
Two grounds of appeal are advanced – that the evidence is ...
Views: 3
THE COURT.
This is an action by the mother of two illegitimate children to compel the defendant, as father of said children, to provide funds for their support. Defendant appeals from the judgment entered against him.
[1] This appeal is presented solely upon the ground that the evidence is insufficient to sustain the finding of the court that appellant is the father of said children. Examination o...
Views: 0
Defendant L.L. Baker appeals from a judgment rendered against him and Charles L. Hoffman in an action for the reasonable value of legal services.
The first point presented by appellant is that the evidence was insufficient to sustain the finding of fact made by the trial court to the effect that, at the special instance and request of appellant and his co-defendant, plaintiff performed the service...
Views: 0
On April 8, 1927, one Thomas J. Casey filed an action in the respondent court praying judgment against D.C. Gulick, defendant there and appellant here, in the sum of $150.
It appears that appellant incurred an indebtedness in the township of Indio, in Riverside County, to Casey, and on March 30, 1927, in the same township and county, gave him his check in the sum of $150, made payable to Thos. J. ...
Views: 1
This is an appeal by the defendant Sunset Mutual Life Association from a judgment for $1400, with interest and costs, on a mutual benefit life insurance policy. The insurance was taken out by one Henry Niel Chase, upon an application in writing made by him on the fifth day of April, 1927. The policy bears date of April 11, 1927. The insured had an attack of illness on April 7th, and on account of...
Views: 3
The action which gives rise to this appeal is one wherein plaintiffs, as huyera of certain real property, sought to recover from the defendants, one of whom was the owner of the property and the other the agent of the owner, a judgment for the sum of $300 paid on account of the purchase price. From a judgment in favor of plaintiffs for the sum of $300, as prayed for, the defendants appeal. On t...
Views: 1
Petition for a writ of mandate to compel the Superior Court of the State of California, in and for the County of Los Angeles, and J. Walter Hanby, Judge of said court, to order L.E. Lampton, county clerk of Los Angeles County, to issue a writ of assistance directed to the sheriff of Los Angeles County to let petitioner into the possession of certain real property sold under a foreclosure *Page 640...
Views: 1
This is an appeal from a judgment for plaintiff in an action in replevin.
July 10, 1924, the plaintiff and Frederick H. Weber entered into an executory contract by the terms of which certain equipment was purchased for a restaurant in Los Angeles for the sum of $2,136.82, which was partially paid on delivery of the personal property. The balance of the purchase price was to be paid, together with ...
Views: 0
This is an action for personal injuries suffered by plaintiff Maria Mahoney when an automobile in which she was riding as a guest was struck by a railroad train alleged to have been in the "exclusive possession and control" of the defendant Railway Company. Verdict and judgment went for the defendants and the plaintiffs have appealed from the judgment.
The accident occurred near a country crossing...
Views: 1
This is an appeal on the part of certain defendants from a decree foreclosing a mortgage. [1] In filing an amended complaint the names of Paul G. Moorhead and wife were eliminated and they were abandoned as defendants. They, however, voluntarily appeared and answered without securing permission of the court. On motion duly made their answer was stricken from the record and the action dismissed as ...
Views: 6
The plaintiff filed a com- plaint to recover the balance of an- account for goods, wares and merchandise sold and delivered] alleging the existence of a copartnership between the defendants. An agreement was introduced in evidence dated October 27, 1923, which it is conceded establishes the fact that the defendants did enter into a partnership undertaking on that date. On this basis, and after ...
Views: 2
This is a motion to dismiss an appeal.
The respondent filed in the Superior Court of San Joaquin County a petition for a writ of prohibition asking that the appellant, Board of Dental Examiners of the State of California, be restrained from proceeding to investigate certain charges of alleged misconduct on the part of respondent in the practice of dentistry. Upon the filing of this petition a temp...
Views: 1
The petitioner applied to be appointed guardian of Leon Principal, Jr., a minor. Notice of the application was served on the father of the minor and a hearing was had before the trial court. The court made an order granting the petition, and from that order the father has appealed and has brought up a typewritten record.
The parents were married October 28, 1922. They were divorced by a final decr...
Views: 1
THE COURT.
[1] The petitioner's application for a writ of mandate directing the respondent court to dismiss the prosecution of the proceeding first referred to in the petition herein is denied on the ground that said court has no jurisdiction of such proceeding, no information therein having been filed in said court....
Views: 0
This action was brought to recover the sum of $1514.71 upon an undertaking executed by defendant for the release of an attachment levied in a case wherein appellant was plaintiff and G.V. Pettigrew Company defendant.
The complaint alleged the commencement of the action by plaintiff herein against G.V. Pettigrew Company, the issuance of a writ of attachment therein and levy of the same upon moneys ...
Views: 0
Plaintiff recovered judgment for damages in this action for fraud and deceit practiced upon him by the defendants inducing him to buy twenty-five cemetery lots (called sections) for speculation at the price of $165 per lot. The measure of damages applied by the court was the difference in actual value of the property at the time this action was commenced and what it would have been worth at that t...
Views: 3
Plaintiff obtained a judgment and decree of foreclosure of a materialman's mechanic lien against the property of the appellants.
[1] The sole contention on appeal is that the plaintiff's claim of lien is invalid because of its many faults of description of the appellants' property against which the lien is claimed.
The appellants' said property is correctly described as follows: Lot five (5), bloc...
Views: 0
The plaintiffs commenced an action to recover a judgment against the defendant for money. Thereafter they filed a second amended complaint. The defendant demurred. Its demurrer was overruled and thereafter it filed an answer which, among other things, pleaded an earlier judgment as a bar. A trial was had in the trial court before the court sitting without a jury. The court made findings in favor o...
Views: 0
In the action which gives rise to this appeal, which was originally filed in the Municipal Court of the City of Los Angeles, the complaint is cast in the form of a common count alleging that the plaintiff had performed certain services "for and at the request of the defendants" and the reasonable value thereof. The title of the action, as it appears in the caption of the complaint, reads as follow...
Views: 1
Page 1003
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 696
The complaint contains two counts. In the first it is alleged that, pursuant to the terms of a contract between the parties, "plaintiff drilled a well to the depth of 940 feet, and that said well was drilled in a proper and skillful manner and was fully c...
Views: 5
THE COURT.
An appeal by the defendant from a judgment entered in an action to recover the damage due *Page 705
to his refusal to accept and pay for certain coffee purchased by him. The appeal is presented on the judgment-roll. As grounds therefor it is contended that the title to the coffee passed to the defendant; that after his refusal to accept and pay the agreed price therefor the plaintiff, ...
Views: 2
Page 1005
The plaintiffs commenced an action to recover moneys alleged to be due under a contract of employment. The defendants answered and filed a cross-complaint. The plaintiffs answered the cross-complaint and a trial was had before the court sitting without a jury. The court made findings in favor of the defendants and from a judgment entered thereon the plaintiffs have appealed.
On the sixteenth day o...
Views: 0
The plaintiff commenced an action against the defendant to recover a judgment. The defendant answered and a trial was had before the court sitting without a jury. The trial court made findings in favor of the defendant and from a judgment entered thereon the plaintiff has appealed and has brought up a typewritten record.
Heretofore, L.D. Hill and F.E. Hill, copartners, owned a tract of land in Ker...
Views: 1
This is an action brought by appellant against respondents as makers of a promissory note dated January 14, 1922, due three years after date, in the sum of $500. A trial was had by the court, without a jury, and judgment was rendered in favor of respondents. *Page 720
The answer admits the execution of the note, pleads the statute of limitations, which plea was afterward abandoned, and sets up th...
Views: 2
THE COURT.
Appellant was charged by an information filed in the Superior Court of Alameda County with the violation of section 470 of the Penal Code, it being alleged that he, with one Elbert Pimental, forged a certain check, and knowingly uttered and passed the same as genuine. He was found guilty, and has appealed from the judgment of conviction and from an order denying his motion for a new tri...
Views: 3
The plaintiff brought an action against the defendant to recover a broker’s commission, alleging that he produced a buyer ready and willing to buy and who offered to buy the mortgage, which defendant had offered to sell, on terms made by the defendant, and that the defendant’s offer was accepted by the buyer and he agreed to pay two per cent commission to the plaintiff upon consummation of the ...
Views: 1
Plaintiff obtained judgment for $1,040, which was the amount of a deposit he made with the defendants when signing and leaving with them a proposal to purchase a confectionery store belonging to T.N. Smiley. The complaint was in three counts. The court made findings in favor of plaintiff on the first and third counts. The first was a common count for money had and received, and the third was based...
Views: 1
This is an appeal by the defendant, Victoria R. Greenwood, from an order denying her motion to set aside a final decree of divorce entered in her favor.
The record reveals the following facts: S.J. Greenwood, the respondent, and Victoria R. Greenwood, the appellant, were formerly husband and wife. On July 29, 1922, they settled their property rights and separated. On March 4, 1924, the respondent ...
Views: 5
THE COURT.
An action to recover damages for deceit in which judgment was entered for the plaintiff.
Defendants, who are husband and wife, own a ranch consisting of 320 acres of timber and farm land situated in Humboldt County. The plaintiff alleged that, induced by the oral promises of the defendants to convey to her for its reasonable value a lot approximately one-fourth of an acre in area which ...
Views: 3
The defendant was convicted of the crime of rape committed upon a girl of the age of nearly nine years. He has appealed from the judgment.
The evidence, both direct and indirect, is in substantial and irreconcilable conflict. The testimony of a physician, who examined the girl a few days after the alleged act, is sufficient to show that some person committed the crime. The testimony of the girl, s...
Views: 1
This is an appeal from a judgment for damages for injuries sustained by the plaintiff as a result of having been struck by a taxicab while crossing a street after leaving a street-car at an intersecting corner in Sacramento. The appellant relies chiefly upon the alleged contributory negligence of the plaintiff as a cause for reversal. The plaintiff failed to look to his right, whence the automobil...
Views: 3
This is an original petition for a writ of mandate to compel the respondent, as City Clerk of the City of Riverside, to place the name of petitioner upon the *755 ballots to be used at the general municipal election, to be held in the City of Riverside on the third Tuesday of November, 1929, as a candidate for election to the office of member of the council of said city from the fourth ward the...
Views: 5
The plaintiff commenced an action against the defendants to obtain the possession of a lot and the apartment house located thereon, the same being situated in San Francisco and known as the Kenilworth Apartments. He set forth his rights in two counts. The defendants answered both counts and filed a cross-complaint. The plaintiff answered the cross-complaint, but on the trial the plaintiff introduc...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 771
The plaintiff sued for damages for personal injuries resulting from the collapse of a temporary wooden "grandstand" erected for the convenience of spectators at festivities known as the "Tournament of Roses," held in the City of Pasadena. Demurrers to the...
Views: 6
The plaintiffs brought this action to cancel a deed purporting to convey to the defendant city the canal, water rights and other property of the McNally Ditch Company, a mutual water company. The interveners alleged the same facts and prayed for the same relief as the plaintiffs. The defendant city, which will be referred to as the defendant and respondent, entered into a compromise agreement with...
Views: 4
MEMORANDUM CASES.
Plaintiffs sued for damages on account of personal injuries to Ruth Colclough. The cause was tried before a jury and resulted in a verdict for plaintiffs in the sum of five thousand dollars. From the judgment following the verdict the defendants have appealed upon typewritten transcripts.
[1] The issues involved are identical with those considered in Lowmi...
Views: 0
THE CUURT. – [1] On the authority of McKenzie v. LosAngeles Life Ins. Co. et al., 88 Cal.App. 259 [263 P. 338], the petition for a writ of supersedeas is hereby denied. *Page 1 ...
Views: 0
|
About Apps, Extensions & AI System Status Privacy Security Contact Us | |
