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All Reporters → cal-app-lexis → Volume 1931
Opinions in cal-app-lexis Volume 1931
The defendants were charged with offering for sale grapefruit in boxes containing fifteen or more per cent of a serious frost damage, and upon conviction appealed from the judgment. The California Fruit, Nut and Vegetable Standardization Act, in section 12 thereof, provides that it shall be unlawful to offer for sale any fruits which do not comply with all the requirements of the act. In section 2...
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Plaintiff had judgment in the court below for the sum of one hundred and fifty ($150) dollars, principal sum, nine and 22/100 ($9.22) dollars, as interest, and the sum of one and 50/100 ($1.50) dollars, for recording a mechanic’s lien, and for the foreclosure of the mechanic’s lien claimed.by him upon property of the defendant, Marie L. Davis, situated in the city of Los Angeles. The record shows ...
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Plaintiff was in possession of an' automobile which he had purchased from Pegg Motor Sales, Inc., upon a conditional sales contract. Pegg Motor Sales, Inc., assigned the contract to Pacific Finance Company. On December 19, 1929, while the plaintiff still owed $75.92 upon said contract, the automobile was levied upon under a writ of attachment issued out of the Municipal Court of the City of Los An...
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Defendant was convicted on nine counts of petty theft and filed a motion for a new trial and a motion in arrest of judgment. The motion for a new trial was denied as to eight counts, and as to one count the verdict of the jury was set aside and the count dismissed. The motion in arrest of judgment was denied and the defendant sentenced on eight counts, the sentences to run concurrently. Defendant ...
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The evidence clearly shows that the defendant was campaign manager for Jack Bean, a candidate at the general election of 1928 for the office of supervisor of Los Angeles County, and in that capacity ordered from plaintiff printing to be used and which was used in the Jack Bean campaign. Plaintiff was fully informed as to this situation and the intended use of the printing. Plaintiff furnished on t...
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In three complaints the five defendants were charged with the violation of two sections *764of what is known as the Los Angeles city “anti-picketing” ordinance (Ord. No. 20,586 N. S.). The first count of each of these complaints charged violation of section 1 through the making of loud and unusual noises for the purpose of inducing, influencing and attempting to induce and influence, persons to re...
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Plaintiffs allege in their complaint that for more than fifty years last past there has been in exist*Supp. 782ence and continuous use an irrigating water ditch system known as the Banta ditch; that throughout the entire period of its existence the said ditch system has been owned and operated through a mutual voluntary association known as the Banta Ditch Association and which consists of the lan...
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The question involved in this appeal concerns the jurisdiction of the municipal courts in actions to foreclose liens claimed by contractors and subcontractors under the Mechanic’s Lien Law of this state.
As originally established by the act of 1925 (Stats. 1925, p. 648), the municipal courts were not invested with jurisdiction to enforce or foreclose liens on real property; but by the amendment ma...
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This is an appeal by plaintiff from a judgment rendered against it in the municipal court.
The action is one growing out of damage to a quantity of pulp-board dishes belonging to plaintiff, which were shipped in June, 1929, from New York to Los Ángeles on board the steamship “K. I. Luclcenbach”, owned and operated by the defendant. The damage was caused by leakage of fuel oil taken aboard after th...
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Plaintiff sued to recover a violin, bow and case. The action was submitted to the trial court upon a stipulation of facts, from which it appeared that plaintiff, *Supp. 774being the owner of said violin, bow and case, delivered them to one Edward Foster, on approval, the title to remain in plaintiff; that thereafter said Foster, being a guest at the hotel operated by defendant Vanderbilt Hotel Com...
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Before her marriage to the defendant Robert R. Taylor, in June, 1930, Mrs. Taylor was the wife of J. Chandler Smith, from whom she obtained an interlocutory decree of divorce on April 1, 1927, wherein she was awarded for her maintenance $75 per month for thirteen months. During the interval between the interlocutory and the final decree of divorce, and' while the parties to the *Supp. 772divorce a...
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In this case the trial court, on August 20, 1931, made orders entered in its docket as follows: “Dismissed on showing of illegal entry, bail exonerated, liquor ordered returned to owner, 10 days’ stay on return of the liquor.” The People have given notice of appeal from “the order herein made and entered in said Police Court on the 20th day of August, 1931, dismissing the said action, and from the...
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This is an appeal from a judgment in a suit upon a conditional contract for sale of an electric refrigerator. It is contended that the defendant was denied his constitutional right to a trial by jury, and that the amount of attorney's fees which was allowed is excessive.
The complaint was filed February 8, 1930. An answer denying the material allegations of the complaint was filed March 25, 1930. ...
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This is an appeal from a judgment in favor of the defendants which was entered upon the rendering of a verdict...
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This is an appeal by the defendant Pickwick Stages System from a judgment entered against it on the verdict of a jury in favor of plaintiff in the sum of $1750, a motion for nonsuit having been granted as to each of the remaining defendants.
Plaintiff, an...
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The plaintiff, who is the respondent, and a resident of Hanford, in Kings County, was a passenger on the fifteenth day of February, 1929, in an automobile operated by her son, Homer C. Tyner, and in a collision, which occurred in the neighborhood of Sanger, in Fresno County, with a car driven by defendant and appellant, suffered severe injuries. She was thrown out of the automobile, rendered uncon...
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Plaintiff sued for damages for alleged malpractice. At the close of plaintiff's case the trial court granted defendant's motion for nonsuit. The plaintiff has appealed on a bill of exceptions.
This is the third trial of this cause. The first resulted in a verdict for plaintiff which was reversed by the Supreme Court on the grounds of insufficient evidence. (Nicholas v. Jacobson,205 Cal. 577 [271 P...
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This is an appeal by the defendants from a judgment for $1250, interest and costs in favor of plaintiff.
Plaintiff, acting as real estate broker, obtained a written offer from one Fannie M. Koenigstein to exchange an equity in a certain described property...
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While the plaintiff Faust, accompanied by two companions, named Richardson and Kempin, were leaving the home of the defendant Cyriacks in an automobile following a quarrel which had taken place there, Cyriacks fired three shots from a rifle at the automobile. One of the bullets embedded itself in the spare tire, another hit Kempin's hat and the other penetrated the rear of the automobile and struc...
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This is an appeal from a judgment for damages for the breach of a contract for the purchase of an automobile truck, and from an order taxing costs.
The plaintiff held a contract to deliver sixty tons of clay to the Lincoln pottery. He was engaged in hauli...
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THE COURT.
This is the second of five actions arising out of a collision which took place at the intersection of Fifth and Julian Streets in San Jose, between two automobiles driven respectively by the defendants Pratt and Citraro. *Page 174
In four of them judgments were obtained by the plaintiffs therein and the defendants took separate appeals. The result of the fifth action does not appear. I...
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In April, 1926, the plaintiff sold to the defendant a new grain binder and engine, which proved defective during the ensuing harvesting season. A new contract was entered into in writing between the parties on the twenty-fourth day of August, 1926, providing for the sale of the binder and engine to the defendant for $515, $104 of which was paid in cash, and the defendant agreed to pay the balance ...
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The plaintiff, a land owner and taxpayer within Reclamation District No. 1001, brought this action on behalf of ...
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Plaintiff sued to restrain the defendants from blockading a portion of Channel Street and from interfering with plaintiff's ingress to and egress from her property situated on the north side of said Channel Street between Seventh Street and Carolina Stree...
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Action for damages for personal injuries resulting from a collision between a light truck driven by respondent and a heavy truck operated by *Page 750
appellant Withrow, as an employee of appellants Harm and Frasher.
The collision happened about 10 o'clock P.M. on March 9, 1928, and occurred on Eleventh Street, which runs east and west in the city of Tracy, at a point between "E" and "F" Streets....
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Defendants had a verdict in an action for damages for personal injuries. The plaintiff appeals from the judgment on the verdict upon typewritten transcripts.
The action grew out of an accident wherein the plaintiff, a child of seven years, was struck by a...
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This is an action brought to recover damages on account of personal injuries received by plaintiff when he was struck by an automobile. The trial was had by the court, and, upon the findings made, judgment was entered for plaintiff in the sum of $6,800.
A...
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The plaintiff had judgment against the defendant in the sum of $10,800, for and on account of personal injuries suffered in an automobile collision alleged to be due to the negligence of the defendant. From this judgment the defendant appeals.
The complaint alleges that on or about the seventeenth day of March, 1929, the plaintiff was riding in a certain automobile which was being driven in a sout...
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Action for damages for personal injuries. The complaint in substance alleged that on the nineteenth day of February, 1928, plaintiff was a passenger on a street-car and at that time defendant negligently backed a truck which he was driving into said car, thereby *Page 555
throwing the plaintiff against a certain stanchion, inflicting injuries to her back consisting of contusions and strained liga...
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THE COURT.
The plaintiff brought the above action to quiet title to 225,000 shares of the capital stock of defendant corporation and to compel the issuance to him of a certificate therefor. The complaint alleged the ownership of the stock to be in plainti...
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THE COURT.
[1] An application for a writ of mandamus in the above-entitled matter was filed February 6, 1930, and an alternative writ of mandate was granted and made returnable for March 10, 1930. No showing was made on that day, and since that date numerous continuances have been granted upon the request of the petitioner, but to this date the petitioner has failed to appear and has failed to mak...
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THE COURT.
This action was brought to recover from defendants George A. Eastman and Mildred C. Eastman, his wife, the sum of $10,850, the unpaid balance of the purchase price of the leasehold of an apartment house in Los Angeles called the "Marlborough Apartments", and of the furniture therein. The plaintiffs also sought to recover the same amount from defendant Goldberg on the foreclosure of a *P...
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A judgment having been rendered in favor of the plaintiff and against the purchaser of a conditional sale contract for triple the amount of alleged interest on deferred payments, the latter appealed therefrom.
The respondent entered into a contract in writing for the purchase of an automobile from a dealer who subsequently sold said contract to the appellant herein for an amount equal to the retai...
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This is an appeal from a judgment of the superior court reversing a judgment of the municipal court of the city of Los Angeles and ordering a new trial.
Appellants brought suit in the municipal court against respondents for the sum of $883.50 and interest on the purchase price of a gasoline service station claimed to have been sold by plaintiffs to the defendants. The municipal court awarded plain...
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The plaintiff is the mother of the defendant. In the year 1925, and prior thereto, plaintiff was the owner of the property described in the complaint and was living thereon with the defendant and the defendant’s husband. In the year 1925 the plaintiff signed and acknowledged a grant deed of said property to the defendant and placed the same in the plaintiff’s safe deposit box, intending that it s...
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Plaintiff brought this action to recover damages for injuries she sustained by reason of a collision between two automobiles, one operated by the defendant G.L. Richardson and the other by defendant W.A. McCord on Tustin and Fairhaven Avenues, in Orange C...
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The plaintiff had judgment in an action to foreclose a mechanic's lien, from which judgment the above-named defendants appeal.
The record shows that Arthur P. Creel, Tommie Creel, his wife; L.Q. Brenson and Cora Brenson, his wife, entered into an agreement with a contractor by the name of Albert M. Eaton for the construction of a building upon certain real estate belonging to the appellants; that ...
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This action was brought to recover upon a policy of life insurance, issued to the husband of plaintiff. It was tried before the court, and judgment for the amount of the policy, $5,000, was rendered for plaintiff. From the judgment entered upon the findin...
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In accordance with decision this day announced from the bench the petitioner is discharged from custody.
By the complaint filed in the Municipal Court of the City of Long Beach the petitioner was charged with unlawful possession of intoxicating liquor, with the additional charge that he had theretofore twice been convicted of the like offense. On defendant's plea of not guilty he was tried by the ...
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This is an appeal from a judgment for damages awarded plaintiff, arising out of injuries alleged to have been sustained by him when he was struck by a car of defendant corporation, which was being operated in a switching movement. Plaintiff was employed as a watchman of the property of the Pioneer Paper Company, over whose property a private railroad track and switch were established and maintaine...
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Defendant James Hoover was convicted by a jury in the Superior Court of Yolo County on April 7, 1930, of murder of the second degree. Having suffered a prior conviction, he was sentenced to imprisonment in the state prison at Folsom and is now incarcerated there. Long after this judgment had become final, and on September *Page 339
11, 1931, he filed a motion in the Superior Court of Yolo County ...
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The first complaint filed in this action was in equity for a rescission of a contract. Upon issue raised by answer, a trial was had and the cause submitted for decision. Subsequently the court ordered plaintiffs to amend the complaint. Plaintiffs filed an amended complaint praying for damages upon a breach of contract alleging that defendants induced plaintiffs to purchase a lot with fruit-trees t...
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Plaintiff brought this action to obtain possession of certain real property and to have all rights of the defendant under a contract of sale declared forfeited because of the failure of defendant to make the payments required by the contract. The cause was tried by the court sitting without a jury and from a judgment in favor of plaintiff, defendant appeals.
The contract between the parties dated ...
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Plaintiff sued to foreclose a mortgage on real property. By an amended complaint Merchants National Trust and Savings Bank of Los Angeles was joined as a party defendant. This party filed a cross-complaint joining plaintiff and the original defendants as cross-defendants. The trial was had on the cross-complaint. The trust company had judgment for foreclosure of the mortgage which it held as colla...
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The plaintiffs instituted this action for the purpose of obtaining an order restraining the defendant from proceeding with the levy of execution or such other process for the enforcement of a judgment entered in the office of the clerk of the Superior Court of Los Angeles County, based upon an award of the Industrial Accident Commission, said judgment being entered in the office of the clerk of sa...
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Two appeals are taken on the same typewritten transcripts – the first from a decree of settlement of final account and of distribution; the second, from an order denying a retrial of the issues.
Manuel Rose Coelho and Maria Rose Coelho were husband and wife. In 1911 they sold a ranch in Alameda County owned by them and purchased the home property involved in the decree as tenants in common. At abo...
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THE COURT.
It was charged in an amended information filed in the Superior Court of Monterey County that defendant on or about September 9, 1927, escaped from the county jail of that county, and that ever since the commission of the offense and until on or about March 1, 1931, he was out of the state. He was convicted of the offense, and has appealed from the order denying his motion for a new tria...
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This is an appeal from a judgment of rescission of a contract to purchase personal property. It is contended the findings fail to support the judgment, and that the appellants were prejudiced by irregularity of proceedings by means of which a minute order reciting that judgment would be awarded the defendants was set aside and findings and judgment were subsequently adopted and rendered in favor o...
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The plaintiff sued to recover a judgment for damages because of an alleged breach of warranty contained in a construction contract. The defendant answered and a trial was had before the court. The court made a finding that the action was barred by the statute of limitations. The plaintiff has appealed.
The plaintiff frankly states that the only point in the appeal is whether the action is barred b...
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Objections by the defendants to the introduction of evidence by the plaintiffs in an action for damages were sustained upon the ground that the same was barred by section 340 of the Code of Civil Procedure. Thereupon motions for a nonsuit were granted, and the plaintiffs appealed from the judgment entered in accordance with said rulings.
[1] More than one year previously to the filing of the actio...
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The defendant Heil leased to the defendant McCardia a ranch situated in the county of Orange, upon which was a dwelling-house. McCardia employed the plaintiff, who is a painter and general contractor, to make certain repairs to this house, which repairs, according to the evidence, were worth $213.45. The bill not being paid, notice of lien was recorded and this action brought against the lessee a...
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THE COURT.
The court by a minute order made in response to a motion of the defendant, dismissed the action "without prejudice" and "for want of jurisdiction". Thereafter the defendant filed a costs bill, claiming them as of course. The plaintiff moved to strike this memorandum of costs. The court denied the motion. The appeal, as *Page 289
stated in the notice of appeal, is "from the judgment and...
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The defendant was convicted in the Superior Court of San Diego County of a felony, to wit, forgery.
[1] The transcript on appeal was filed in this court November 10, 1931. The record herein shows that no brief has been filed in behalf of appellant. The cause was regularly placed on the calendar of this court for oral argument on December 8, 1931. On said date the cause was regularly called for hea...
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Plaintiff sued through her guardian for damages resulting from an automobile collision. The cause was tried with a jury which returned a verdict in the sum of $7,500. The defendant Wright has appealed upon typewritten transcripts.
The collision occurred on February 23, 1930, on the highway running from Oakland through the Livermore Valley. Plaintiff was a child of fourteen years of age. She was ri...
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This is an action to recover upon judgments rendered in the justice court and to subject certain personal property to sale under executions levied pursuant to said judgments.
The complaint contains two counts. The first alleges the rendition of judgment in the justice court in favor of the assignor of plaintiff and against Modoc Moulding and Lumber Company; that this judgment was entered April 18,...
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By indictment of the grand jury, appellant Lloyd W. Dye and one Gordon E. Gauss were accused of the crime of murder, alleged to have been committed by them in the county of Los Angeles on the eighteenth day of May, 1930, in that they did at said time and place wilfully, etc., kill and murder one Albert Wade Horton. By verdict of the trial jury Gauss was acquitted and Dye was convicted of murder of...
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As assignee of certain claimants, the plaintiff sued to obtain a judgment enforcing an alleged judgment which purported to fix his interest in a certain fund. From a judgment in favor of the defendants the plaintiff appealed.
Prior to the year 1924 the Pacific Corporation had undertaken the sinking and development of well No. 16, and had sold fractional interests in the production to a large numbe...
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This is a proceeding in certiorari to review a decision of the Industrial Accident Commission absolving the State Compensation Insurance Fund as insurance carrier from all liability for the payment of an award made by the Commission to an injured employee, and holding the employers alone responsible therefor.
The facts are as follows: Zimmerman, one of the petitioners herein, was engaged in the bu...
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Defendants were charged by an amended information with the crime of burglary, and *Page 248
defendant Parker was charged with a prior conviction of petty theft which he admitted upon his arraignment. The case was tried before a jury which found both defendants guilty of burglary in the second degree on August 25, 1931. Sentences were pronounced upon them on August 28, 1931, and they moved for new...
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An action was commenced upon a policy of fire insurance on a composition roof four-room frame building and its additions (if any) communicating and in contact therewith, while occupied only for dwelling purposes, *Page 244
light lunches and soft drinks, and permanent fixtures. Following a trial by the court without a jury, judgment was rendered in favor of the plaintiff, from which judgment the d...
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Plaintiffs brought this action seeking the cancellation of a certain contract and further seeking to obtain an accounting of and judgment for the sums previously received by Darlot Densmore, since deceased, and defendant Margaret Densmore, his wife, under said contract. From a judgment in favor of defendant Margaret Densmore, plaintiffs appeal.
Numerous other defendants were named in the complaint...
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Plaintiff sued for damages arising out of an automobile accident. The cause was tried with a jury and plaintiff had a verdict for $10,000. The defendant O'Donnell has appealed upon a bill of exceptions.
Briefly stated the facts are that the defendant Badalamente was an employee of a parking station where appellant kept his cars, and was an intimate friend of appellant; that he had frequently drive...
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THE COURT.
[1] It satisfactorily appearing from the certificate of the clerk of the Superior Court of Stanislaus County wherein the above-entitled action was tried, that judgment was rendered on the twenty-seventh day of January, 1931; that on the tenth day of April, 1931, the plaintiff filed notice of appeal to this court, under the provisions of section 953, Code of Civil Procedure; that on *Pag...
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This is an action by George Vinole and Nan Vinole, his wife, to recover damages for personal injuries alleged to have resulted from an automobile collision.
The case was tried before a jury and a verdict rendered, which fixed the damages to the husband at $1500 and those to the wife at $7,500. This appeal is prosecuted from the judgment entered upon the verdict.
On the evening of July 5, 1929, one...
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The defendant appealed from a judgment entered upon the verdict of a jury awarding to the plaintiff, its employee, damages alleged to have been sustained in rescuing a fellow employee from imminent peril.
The appellant was engaged in transporting passengers and freight in interstate commerce between points in the state of California and eastern terminals, and maintained a system of signals which w...
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Plaintiff brought an action against defendant as administrator of the estate of one Thomas S. Loughtwry, deceased, for services alleged to have been performed by plaintiff for, and at the instance and request of, said deceased, as well as for money lent by plaintiff to said deceased during his lifetime. From a judgment in favor of defendant, plaintiff has appealed to this court.
It appears that in...
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THE COURT.
An action against defendant as trustee under the last will and testament of B. Agnes Nielsen, deceased, to recover the sum of $2,359.26, alleged to have been had and received for the use of plaintiff.
The answer alleged that plaintiff was barred and estopped from maintaining the action by reason of two separate judgments entered in previous actions to which he was a party. *Page 216
Th...
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Respondents have filed a motion to dismiss this appeal and affirm the judgment upon the ground that appellants' opening brief does not conform to the requirements of Rule VIII of Rules for the Supreme Court and District Courts of Appeal of the state of California. The appeal comes up on a typewritten record.
Under appellants' opening brief filed herein, the only ground for reversal that we would b...
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This is an appeal from an order denying a motion for a change of venue. The action is one to foreclose a mechanic's lien on certain real property in the county of Riverside. The complaint also asked for a personal judgment against the appellants for the amount of the debt which was claimed to be secured by the lien. The only question presented is as to whether these appellants have a right to have...
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An undertaking releasing an attachment levied by the respondent having been furnished by the appellant, the instant suit was based thereon, where the surety affirmatively alleged by answer that "immediately after the issuance of the execution in said action, said [defendant] duly filed and served therein its notice of appeal in said action and filed the undertaking therein within the time prescrib...
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Certiorari to review an award of the Industrial Accident Commission.
Petitioner suffered an industrial injury to his knee on October 24, 1928. At the time of said injury the State Compensation Insurance Fund was the insurance carrier and it assumed the employer's liability, furnished medical treatment and paid certain disability indemity to the injured employee. On November 19, 1930, petitioner fi...
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This is an appeal from a decree of partial distribution. The review involves only the construction of the terms of a will to ascertain the intention of the testator in the devise of real property.
Mr. Thomas J. Brown, the testator, was an elderly unmarried gentleman who owned a tract of land in block 44 of the city of Redding upon which he had constructed five *Page 196
cottages for the purpose o...
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Action to quiet title to real property in the city of Los Angeles. After trial, a decree and judgment was entered quieting plaintiff’s title to the property in question. From this judgment, the defendants Fred Ship
*193
ley, E. E. Locke and Steller Bros. & Skoog, a copartnership, have appealed.
The facts are briefly these: On December 1, 1926, the property in question was owne...
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This action was brought by plaintiff, as trustee under a deed of trust, to determine the rights of each defendant in a foreclosure proceeding and, in particular, the effectiveness and validity of a notice of default and notice of sale. Defendants Ford answered and filed a cross-complaint praying that the trustee's sale be enjoined and demanding an accounting from defendant and cross-defendant Dave...
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This is an appeal from a judgment permanently enjoining and restraining defendants from constructing, maintaining or operating any store or shop for the buying or selling of merchandise, etc., within a certain area in Altadena, Los Angeles County, Califor...
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THE COURT.
The above action was brought by Marie Kroijer (hereinafter referred to as the plaintiff), with whom was joined her husband, to recover damages for personal injuries.
The action arose out of an accident which occurred on February 2, 1930, at a street intersection in Redwood City.
Whipple Avenue runs east and west, and is intersected on the south by King Street and on the north by Copley ...
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The appeal herein is taken by the defendants from a judgment rescinding and canceling a written contract for the purchase and sale of certain real property. The amended complaint contains three causes of action separately stated. In the first cause of act...
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This is an appeal from an order denying the motion to set aside and vacate a judgment which was entered on default for failure to answer within the time allowed by law.
The plaintiff instituted a suit for rescission of a contract to purchase real property for a breach of covenants therein contained, and to recover $1,000 which was advanced on account of the purchase price thereof. The complaint wa...
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Plaintiff and appellant Augusta M. Spreng brought this action against her husband Charles G. Spreng and Henry M. Baker and Laura B. Baker, his wife, to establish her community interest in certain real property *Page 157
in the city of Los Angeles, and for an accounting of the proceeds thereof and for other equitable relief.
Charles G. Spreng was not served with summons and did not appear in the a...
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This action was tried with Anderson v. Broadwell, (No. 594)ante, p. 130 [6 P.2d 260], and Broadwell v. Anderson,
(No. 596) ante, p. 145 [6 P.2d 269], this day decided, and relates to what was called by the parties the "El Monte property". In his complaint the plaintiff seeks to have his title quieted to an undivided one-half interest in the property, alleging title in himself in a first cause of a...
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This action, involving certain lots situated in San Pedro, California, was tried with the case of Anderson v. Broadwell,ante, p. 130 [6 P.2d 260], this day decided. Much of the opinion in that case applies equally to this case. The facts are largely the same with the two exceptions that no deed reconveying this property to Anderson was produced at the trial, and that certain evidence in relation t...
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This action and two companion cases (Anderson v. Broadwell,post, p. 150 [6 P.2d 267]; Broadwell v. Anderson, post,
p. 145 [6 P.2d 269]) involve the title to three pieces of real property situated in Los Angeles County. The three cases were consolidated fo...
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In this action to recover on a $5,000 promissory note which provided for a reasonable attorney fee in such action, the complaint asked for such fee and alleged that $750 is a reasonable fee. The only defense stated in the answer was that the attorney fee demanded, or any sum greater than $100, is excessive. The plaintiff moved for judgment on the pleadings. The court- granted the motion and allow...
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The defendants conducted a store in a building fronting on Third Street in Santa Monica. Plaintiff, while walking along the public sidewalk in front of said store, slipped upon some wet paper and rubbish and fell, thereby causing the injuries of which she complains. The wet condition of the sidewalk was caused by water dripping from a faucet affixed to the store building. The faucet was located si...
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Defendants executed to plaintiff's assignor their note for money loaned and secured the same by a deed of trust of real property in the city of Los Angeles. Following default in payment of the note, the property was sold at trustee's sale for a sum less than the balance due on the note. This action was brought to recover that balance. From a judgment rendered in favor of the plaintiff, the defenda...
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This is an appeal by defendants from an order granting plaintiff's motion for a new trial upon the ground that the amount of damages awarded by the jury was inadequate to compensate plaintiff for the personal injuries sustained by him in a collision which took place on the highway in Marin County between a motorcycle operated by plaintiff and an automobile driven by the defendant Lester D. Culley....
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This is an original proceeding instituted in this court seeking to review and annul an order of the respondent court settling an account made by respondent Curry as receiver, ordering the delivery of assets in his hands to Leonard Evans, fixing the compensation of the receiver and his attorneys, and directing the deduction of the amount of these fees from the assets in the hands of the receiver. T...
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Appellants gave the following notice of appeal in the court below: "Notice is hereby given that the plaintiffs do hereby appeal to the Supreme Court of the State of California from the order of the above entitled court made and entered on Monday, the 29th day of December, 1930, sustaining defendant's demurrer to the first amended complaint of the plaintiff above named, and from the whole thereof."...
Views: 0
This is an action brought to recover rents collected by appellant from property which belonged to respondents. It was tried by the court, and judgment for $920 was rendered against appellant. The appeal is from this judgment.
Defendant and appellant had possession of the real property from which said rentals accrued, he having acquired title from one Lichtenberg who claimed title from the state *P...
Views: 2
But one question is presented by these five proceedings to annul as many awards made by the respondent Commission. A collision between an interurban car and a passenger automobile containing five homeward bound employees of the petitioner, Trussless Roof Company, resulted in injuries to all five. The question presented is, Were these injuries compensable under the Workmen's Compensation, Insurance...
Views: 12
Appellant was charged with violating the State Poison Act by forging a prescription for *Page 84
narcotics and appeals from the judgment of imprisonment in the state prison on the grounds that the court erred in overruling his demurrer to the information and that the sections of the State Poison Act (secs. 7 and 8, Act 5994, General Laws, as amended) upon which the prosecution is based are uncons...
Views: 34
Through the efforts of plaintiff and two others, respectively named Pitblado and Copps, defendant became the owner of a large ranch, together with certain farming implements and livestock located thereon. However, defendant's ownership in the property was subject to a mortgage thereon amounting to the sum of $50,000. In addition thereto defendant appears to have been indebted to plaintiff, Pitblad...
Views: 11
THE COURT.
Appeal from a judgment rendered in favor of plaintiff for the value of a car of grapes shipped over the lines of defendant.
The complaint alleged in paragraph II thereof "that on or about the 5th day of September, 1926, and at all times herein mentioned since that date, plaintiff was the owner of and entitled to the use and possession of those certain goods and property in the next succ...
Views: 0
This is an appeal from a judgment sentencing the defendant for murder in the second degree and from an order denying her motion for a new trial.
It is a sad and, if the jury be right, a most unnatural case. The appellant is the mother of the girl she was found guilty of murdering. The following testimony was introduced and is now said to support the verdict: On December 20, 1930, the appellant wen...
Views: 13
Pursuant to order of commitment after preliminary examination by a magistrate, an information was filed in the superior court charging the petitioner with the commission of a felony, to wit, the crime of violating section 137 of the Penal Code. Petitioner is now confined in the county jail awaiting trial on said information. In asking for the writ of habeas corpus he contended that at said prel...
Views: 7
THE COURT.
Petition for writ of habeas corpus.
[1] Application denied for the reason that the petitioner had failed to attach to his petition any of the record upon which the trial court acted. It will be presumed, in the absence of any showing to the contrary, that the court acted within its jurisdiction with due regard to the parties. (Goodrich v.Superior Court, 92 Cal.App. 695 [268 P. 669]; Br...
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The plaintiffs brought this action alleging that defendant Norma Harris was negligent in driving defendant F.H. Harris' Dodge automobile on Campus Street in Ontario, San Bernardino County, on April 18, 1930, and by reason of such negligence plaintiff Auril...
Views: 6
This is an appeal from a judgment which was rendered in favor of a subcontractor for labor performed in painting a state building at the Napa state hospital. The judgment is against the surety on an indemnity bond which was filed by the general contractor as required by law. The respondent was an intervener in an action which was brought by another subcontractor. The issues which are involved here...
Views: 0
The plaintiff has appealed from the judgment in favor of the defendants in an action to quiet title. All parties claimed title under instruments executed by a common grantor, Amelia J. Fliedner. On opening its case the plaintiff introduced a deed dated July 5, 1923, and recorded April 26, 1928. Out of order, but by consent, at the same time the defendants introduced a deed dated April 5, 1928, and...
Views: 4
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In an action to quiet title to four parcels of land the trial court rendered judgment in favor of the plaintiff as to three parcels, but held he owned only a life estate in parcel number one. From that judgment the plaintiff appealed.
[1] He contends that ...
Views: 0
This action was brought by plaintiff to recover from defendant, an undisclosed principal, the cost of certain street and curb improvements installed by plaintiff in connection with the sale to defendant of a certain tract of land owned by plaintiff, the sale being affected through M.E. Oswald, who acted as defendant's agent, and through G.S. Chapin and E.O. Earle, who acted as dummies in the trans...
Views: 1
THE COURT.
The petition asks for a writ of prohibition to be directed to the Industrial Accident Commission.
It appears that by an order dated March 24, 1931, the Commission made a decision that the injury to the employee (petitioner in that proceeding) was not caused by the serious and wilful misconduct of the defendant Western Pipe Steel Company.
Thereafter said employee Huston applied to this ...
Views: 1
An injured employee is the petitioner in this proceeding, complaining of the respondent Commission's ruling that he was not entitled to the reasonable expenses incurred for medical, surgical and hospital treatment after June 10, 1930. We are of the opinion that the Commission exceeded its jurisdiction in making the ruling complained of.
On the evening of June 4th, petitioner had both his legs crus...
Views: 1
From a judgment in favor of defendants, plaintiffs appeal upon the judgment-roll.
The cause was tried upon plaintiffs' second amended complaint and the answer thereto. The main controversy appears to have been over the ownership and right to possession of certain property described in the complaint, the legal title to which real property stood in the name of the Southside Spiritualist Church, a re...
Views: 0
This is an appeal on the part of Pacific Ready Cut Homes, Inc., from a judgment which *Page 8
was rendered in several consolidated cases, denying the validity of appellant's alleged mechanic's lien.
The plaintiff brought suit to foreclose a mortgage on lot 4 of tract number 4799, in the county of Los Angeles, which was executed to secure the payment of a promissory note for the sum of $9,000. The...
Views: 0
—On petition for writ of mandate to require of respondent court that in a pending action it proceed to hear and determine the matter of an application for attorney fees, costs and temporary support of minor child. Petitioner claims that the court has refused to exercise its jurisdiction in the matter, but the facts stated in the petition show the contrary. When the order to show cause came befo...
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Appellant brought this action against respondent to recover a real estate commission in the sum of $6,550, which he claimed he had earned. The case was tried before the court without a jury and judgment was rendered in favor of respondent.
The record shows that at the close of appellant's case the trial court, upon motion of counsel for respondent, struck out a large portion of the evidence offere...
Views: 0
Appellant presents two appeals, both from orders denying him relief from his default in not preparing and serving a proposed bill of exceptions within time. Appellant having been unsuccessful in a trial had before the court without a jury, judgment in favor of the several defendants and against him was entered February 19, 1929. Notice of this entry was served upon appellant February 23d, and on F...
Views: 0
Plaintiff recovered judgment for $750, based on the finding that he had rendered services, as an attorney, at the defendant's special instance and request. The defendant's sole contention, but variously expressed, on this his appeal, is that this finding is not supported by the evidence. With this contention we do not agree.
[1] First of all, defendant insists that the agreement between himself an...
Views: 1
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As assignee the plaintiff sued to recover on two promissory notes. The defendant answered and filed a cross-comp...
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This is an appeal from an order granting defendant's motion for a change of venue from Sacramento County to Plumas County. The motion was made pursuant to subdivision 3 of section 397 of the Code of Civil Procedure, on the ground of convenience of witnesses.
The plaintiff commenced suit for damages in Sacramento County for malicious prosecution and false arrest. It is alleged the defendant wrongfu...
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This is an appeal from an order granting defendants' motion for a change of the place of trial for the convenience of witnesses pursuant to subdivision 3 of section 397 of the Code of Civil Procedure.
The plaintiff commenced this suit in Sacramento County, for damages for malicious prosecution. The defendants filed their answer together with an application for a change of venue to Plumas County fo...
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Judgment having been rendered in favor of the plaintiff, against the defendant as surety of one B.F. McKee, a real estate broker, in an action sounding in fraud, said surety appealed.
It is undisputed that McKee was a regularly licensed realtor, that he was employed as such and engaged in selling upon installments acreage known as Ramola Farms, that he obtained from the respondent a contract to pu...
Views: 2
Plaintiff appeals from a judgment entered pursuant to an order sustaining demurrer to complaint without leave to amend complaint. The action was commenced on the eighth day of April, 1929. The essential facts of the case as stated in the complaint are as follows: On the twenty-first day of July, 1920, the plaintiff and the defendant severally were stockholders of a corporation entitled U.S. Electr...
Views: 0
Judgment was rendered for the plaintiffs against “the defendant, Harvey D. Thornburg, James C. Powell and Mae Christine Powell, for the sum of $4,000.00, together with interest on same at the rate of 7% per annum from the 1st day of August, 1927”. The action was brought by plaintiffs against defendants for money had and received; the alleged cause of action arising out of a real estate transact...
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THE COURT.
The above action was upon two counts for shoes sold and delivered to defendant the claims for which were assigned to plaintiff. The first was for a balance of $1195.18, alleged to be due to Arch-Aid Shoe Company, a corporation, and the second for $153.77, claimed by the Menihan Company, also a corporation.
After the suit was brought defendant paid to Arch-Aid Shoe Co. $500, which was ac...
Views: 1
This is an action in claim and delivery brought by the United States of Mexico to recover the possession of one of its patrol boats from Peter Rask. A bond was given by appellant and the boat delivered to it. Respondent answered and alleged that he was a shipwright and that the boat was brought to him as such by appellant for a general overhauling and repair; that he furnished labor and materials ...
Views: 6
Appellant was charged with the crime of statutory rape alleged to have been accomplished by him on February 9, 1931, on the person of LaVerne Boone, a female under the age of eighteen years and not his wife.
He was also charged with contributing to the delinquency of this minor, in that on November 12, 1930, he gave her intoxicating liquor and attempted to have intercourse with her, and that he ha...
Views: 0
The complaint in this action alleges that on certain dates mentioned therein, the plaintiff deposited certain sums of money with the defendant, a banking corporation, aggregating in all the sum of $1,060.10, and that there was due and unpaid from the defendant to the plaintiff, said sum, for which judgment was asked. The answer of the defendant denied the allegations of the complaint.
The court fo...
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The trial court sustained the demurrer to the complaint without leave to amend and plaintiffs have appealed from the judgment entered in favor of defendants. The complaint alleges that on November 28, 1928, plaintiffs borrowed from defendant Albert Mellinkoff the sum of $7,500, giving their promissory note therefor. By this note the makers promised to pay the principal sum “with interest from dat...
Views: 5
The first count of the information on which defendant was convicted, charges that defendant committed the crime of grand theft in that he did, at a stated time and place, wilfully, etc., take away $6,000 of the personal property of one David Spiegel. The second count, in similar terms, charges grand theft of the sum of $10,000 of the personal property of one Louise P. Klein.
Defendant was the pres...
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By her complaint in this action appellant sought to recover the sum of $1800 (with interest) claimed to be due as rent for the four months beginning July 1, 1928, under a lease of real property. From the judgment, entered in favor of defendant, the plaintiff appeals.
On the first day of June, 1923, and thereafter during the lifetime of George F. Barber, who was appellant's husband, he and appellan...
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THE COURT.
[1] The petition for a writ of prohibition is denied under the authority of the following cases: Brooks v. White,22 Cal.App. 719 [136 P. 500]; Sormano v. Wood, 179 Cal. 102
[175 P. 451]; Jeffords v. Young, 98 Cal.App. 400
[277 P. 163]. *Page 758
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*Page 1 ...
Views: 0
All of the material facts and propositions of law herein involved are identical with those in the case of Case v. Kirkwood, No. 549 (ante, p. 207 [6 Pac. (2d) 100]), this day decided, with the exception that this action is brought by a different plaintiff, relates to a different improvement upon the same property, and the amount claimed is not the same. Upon the authority of that case and for the ...
Views: 0
This is a suit to recover undisclosed profits derived from the sale of real property, which proceeds were retained by the defendants as members of a joint adventure.
Mary Flynn Smurda was the owner of Cedar Hedge Apartments, consisting of lots M, N, O and P, block 25, of the city of Santa Monica, in Los Angeles County, together with the apartment house and furnishings thereof. By agreement on the ...
Views: 5
THE COURT.
The petition herein, although filed as an original petition for writ of mandate, is in reality an amended and supplemental petition filed after this court had denied the original petition for the writ. (Civil No. 8180, Brock v. Superior Court, ante,
p. 5 [5 P.2d 659].) [1] The only difference between the two petitions is that instead of the original paragraph IV thereof, there has been ...
Views: 0
This is an appeal from a judgment rendered in favor of plaintiff and against defendant Brunson only, for damages on account of injuries sustained by plaintiff on August 7, 1929, when appellant's automobile, northbound, struck plaintiff as she was crossing the highway from west to east, but after she had proceeded approximately from two to six feet beyond the paved portion on the east side of the h...
Views: 0
THE COURT.
Claiming that the findings in the above-entitled cause are ambiguous as to certain matters of fact which are controlling in the determination of the merits of the appeal, appellants seek, by way of petition to take additional evidence (Code Civ. Proc., sec. 956a, and Rule XXXVIII of the Supreme and District Courts of Appeal) and a motion for an order in diminution of the record, to have...
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On February 17, 1925, plaintiff delivered to Los Angeles Steamship Company, at San Francisco, four cases containing thirty-four Chinese rugs consigned to plaintiff at Los Angeles. The evidence shows that Cyrus A. Hasty arranged with plaintiff for the shipment, and that the cases were to be put in a warehouse belonging to defendant upon arrival and a warehouse receipt issued to plaintiff. The latte...
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Plaintiff sued in equity on an express contract for services rendered, charging fraud and concealment of assets. The cause was tried with a jury and plaintiff had a verdict which the trial court adopted and made findings in support of a judgment for plaintiff. The *Page 453
defendant Italo-Petroleum Corporation of America alone appeals on typewritten transcripts.
The appeal is addressed solely to...
Views: 2
This cause is before us upon motion of petitioner to dismiss the appeal attempted to be taken by the People from an order made and entered in the superior court discharging the petitioner from the custody of the officers of the Mendocino State Hospital.
The record shows that the petitioner, after having been arraigned and tried on a charge of murder, was found not guilty by reason of insanity, the...
Views: 15
This is an appeal from a judgment of nonsuit, in an action for alleged malpractice brought against the defendant and respondent, a practicing physician and surgeon. The complaint alleged that the death of one Charles J. Gerber, who was the husband and father of the plaintiffs respectively, was caused by the failure of respondent to administer tetanus antitoxin serum in time to prevent an infectio...
Views: 1
Plaintiff brought action upon a promissory note. A demurrer was sustained to the answer and, an amended answer having been filed, a demurrer to the latter pleading was sustained without leave to amend. From the judgment consequent to this ruling the defendant appeals. Having elected to amend his answer appellant waived his right to object to the order sustaining the demurrer to the original ans...
Views: 0
On this appeal from a judgment, following his conviction of robbery in the first degree, and from the order denying his motion for a new trial, appellant presents but two points for our consideration. [1] The first, that the evidence is insufficient, is fully disposed of by noting the testimony of the service station attendant. He stated that he was robbed at the point of a gun by two men, one mas...
Views: 7
By complaint filed in the municipal court of the city of Long Beach it was charged that on the twenty-ninth day of November, 1930, in the city of Long Beach, county of Los Angeles, state of California, a misdemeanor was committed by Clarence R. Chase, Clifford Casey and other persons named, who "then and there wilfully and unlawfully, by invitation and/or device, did prevail upon persons to visit ...
Views: 8
This matter comes before this court upon an appeal from a judgment which was rendered pursuant to an order sustaining motion for nonsuit made by defendants.
The complaint prays for a writ of mandate to compel the defendants to extend their water main to the premises of the plaintiff and connect the same with said premises, alleging that the plaintiff had tendered the sum of $15 for a meter connect...
Views: 0
On the sixteenth day of December, 1927, the defendant Steinbach was indebted to the plaintiff on a promissory note, and plaintiff held as security therefor an assignment by Steinbach of a property interest described as a "unit" interest in certain oil-wells in the state of Texas. By reason of pending litigation in courts of the state of Texas, wherein Steinbach and numerous other owners of unit in...
Views: 0
The petitioner, James Boatwright, is a prisoner in the state prison at San Quentin and seeks to be discharged therefrom onhabeas corpus. He was charged *Page 422
in the trial court with petty theft and four prior convictions of felony. He admitted the prior convictions, pleaded not guilty to the charge of petty theft and after trial by jury was found guilty. The judgment of sentence was that he b...
Views: 10
This is an appeal from a judgment entered on a directed verdict in favor of proponents of the last will and testament of Carrie See Venners, deceased.
The contestants, who are the stepchildren of deceased, filed their application to revoke probate of the will of decedent, on the grounds of unsound mind and incapacity to make a valid will, and undue influence. Under the will, George Venners, who wa...
Views: 4
The plaintiffs had judgment in an action for specific performance, from which judgment the defendants appeal. The cause is before us upon the judgment-roll alone.
The court found that the plaintiffs and defendants, on or about the sixteenth day of August, 1921, entered into an agreement of purchase and sale, whereby the defendants agreed to sell and deliver to the plaintiffs a certain government l...
Views: 10
This is an action to quiet title to certain lots upon which plaintiff Jameson Petroleum Company claims to have an oil and gas lease. Defendant denies the existence of said lease and by way of affirmative defense alleges that he is the owner of said lots under and by virtue of a tax deed executed to him by the tax collector of Los Angeles County.
Goldie Langstaff was joined as a plaintiff in the or...
Views: 9
This is an appeal from a judgment in favor of the proponents of the last will and testament of Phebe J. Mossman, deceased. The proponents of the will are the former attorney of decedent and executor named in her will, and a daughter of decedent by her first marriage; the contestant being a daughter by a subsequent' marriage. “The contest of will is based upon two grounds: to-wit, (1) Unsoundness ...
Views: 2
The defendant was convicted of a violation of section 141 of the California Vehicle Act (Stats. 1929, p. 544, sec. 62), consisting of a failure to render aid to a pedestrian who was struck by his automobile and killed. The defendant was jointly charged and tried with one Jack Gallo who was driving the machine at the time of the accident. The machine was owned by the appellant. He sat by the driver...
Views: 16
An action to quiet title to certain real property in the county of Los Angeles.
Plaintiff prevailed in the trial court and defendant has appealed. Plaintiff proved a perfect record title to the property in question. Defendant claims title by virtue of a tax deed. The court found that the proceedings leading up to the sale of the property for delinquent taxes were invalid and consequently the tax d...
Views: 8
The plaintiff is the widow of Hugh A. Scott, deceased, and the executrix of his estate. They were married in Arkansas in 1915 and removed from that state to California in 1919. On October 25, 1928, Hugh A. Scott executed a will in which he made the plaintiff his sole *Page 386
legatee. On November 7, 1928, a written agreement was entered into between these parties in which it was provided that th...
Views: 2
THE COURT.
This appeal was taken from a judgment upon a verdict of $9,095.49, damages for breach of contract.
On June 27, 1929, the respondent agreed to do certain hauling for the appellant, between Black Oak and the site of the Lyons Dam, in Tuolumne County, which dam was under construction by the Pacific Gas and Electric Company. There was delay in getting the work under way, which was unsatisfa...
Views: 3
While attempting to cross a street in Oakland plaintiff was struck and injured by an automobile driven by the defendant Beran; and she brought this action for damages against him and his co-defendant Lufstufka Bros. Company (a copartnership) claiming that the accident was caused by the negligent operation of the automobile and that said copartnership was liable therefor under the doctrine of resp...
Views: 7
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The defendant was charged by an information filed by the district attorney with the offense of committing a felony by violating a statute entitled, "An Act to regulate the sale and use of narcotics in the State of California, and providing a penalty for t...
Views: 10
This is an appeal from an order dismissing the action upon the ground that the plaintiff had failed to prosecute the same with diligence, in that the service of the summons was unduly delayed.
The action was originally brought by Blakely Durant as plaintiff, the special administrator of his estate being substituted during the appeal. The complaint, filed on July 7, 1927, in a first cause of action...
Views: 3
The principal question raised by appellant in this matter is that the jury was allowed to separate, after they had been partially instructed by the trial judge. The record discloses the fact that, after the arguments in the case had been concluded, and the judge had started to instruct the jury and had given several instructions, the matter was continued, with the usual admonition, until the next ...
Views: 11
The defendant was convicted of violating section 288 of the Penal Code. He made a motion for a new trial, which motion was denied, and he now appeals to this court from the judgment of conviction and the order denying a new trial. The defendant contends that the court erred in permitting the prosecutrix, a child five years of age, to testify after an examination was had, before the child was sw...
Views: 2
Plaintiff brought an action in replevin seeking to recover possession of a portable motor generator set mounted on a trailer. The trial court gave judgment in favor of plaintiff for the recovery of possession of said equipment or its value in the sum of $6,500 with the proviso that the defendant Waldorf Productions, Inc., was entitled to possession thereof conditioned upon its depositing into cour...
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This is an appeal by plaintiff from a decree entered in a suit instituted by him as partial assignee of a promissory note and deed of trust to establish his interest therein and to obtain certain other relief. The trial court by its findings determined the extent of plaintiff's interest, but by its decree did not grant the full relief *Page 559
sought and for that reason plaintiff contends that t...
Views: 0
Plaintiff appeals from a judgment in favor of respondents. After appellant had presented the evidence upon which she based her claim for recovery and *Page 556
had rested, respondents moved the court for a nonsuit. The motion was granted, judgment in favor of respondents was duly entered and the appeal therefrom was taken.
From the record the following facts appear: On April 7, 1928, respondents ...
Views: 0
This is an appeal from a judgment which was rendered in a suit for declaratory relief under the provisions of section 1060 of the Code of Civil Procedure, involving the construction of an oil-well contract, with which proceeding another action for materials furnished to the defendants for the drilling of the well, was consolidated.
The plaintiffs are the owners of an oil lease on lots 25 and 26 of...
Views: 3
The appellant and three others were charged by information with having owned and operated distilling apparatus and paraphernalia designed and intended for the manufacture of intoxicating liquor. Upon a separate trial by a jury the appellant was found guilty, and appeals from the judgment and from an order denying a motion for a new trial.
The fact that he was a part owner of the property with the ...
Views: 11
On July 26, 1927, Dr. J.W. Courdway of Pomona, California, made application to C.C. Likes, an agent of the defendant insurance company, for a policy of accident and health insurance, naming the plaintiff, Hazel Courdway, his wife, as beneficiary, and gave to the said agent his check dated August 1, 1927, for the sum of $36.50 in full payment of the initial quarterly premium on said policy. The age...
Views: 0
Plaintiff sued to collect the deficiency on two promissory notes each in the principal sum of $2,500. Plaintiff had judgment and defendants appeal on a bill of exceptions. *Page 527
On March 3, 1926, defendants purchased from plaintiff's assignor a lot near Long Beach, California, for $10,000, paying $5,000 of the purchase money in cash and giving to the vendors the two promissory notes in suit w...
Views: 5
From a judgment in favor of the plaintiff in an action for forcible entry and unlawful detainer the defendant has appealed.
[1] In his first point the defendant claims the evidence was insufficient to sustain the findings, that the entering of the defendant and his holding were forcibly done. The property involved is a lot in Berkeley on which is located the Caledonia Apartments. The building cont...
Views: 8
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THE COURT.
Respondents, herein called the contractors, recovered judgment against appellant in the sum of $45,...
Views: 4
On or about June 1, 1927, the defendant insurance company issued to one Farwell, as owner of the sloop "California", a policy of insurance covering that ship. On or before November 13, 1927, Farwell sold the ship to this plaintiff, a bill of sale being executed to the plaintiff's wife and the testimony showing that the purchase price was paid out of their community funds. At the same time, the pol...
Views: 2
In this action judgment was rendered in favor of defendant at the conclusion of a trial wherein the issues raised by the pleadings were submitted to a jury which returned a verdict for defendant. From the judgment thus rendered and from the court's order refusing a new trial, plaintiff has appealed.
The cause of action alleged in the complaint was for the recovery of a sum of money as liquidated d...
Views: 0
The defendants were convicted of robbery in the first degree. They made a motion for a new trial. The motion was denied and they appealed from the judgment and from the order denying them a new trial. *486 They claim the evidence was insufficient, and, as we understand them, they admit nearly all of the story told by Leon Miguel, the complaining witness, except that they deny that they used a...
Views: 0
Action upon a promissory note.
Judgment went in favor of plaintiff and defendants appeal. At the trial defendants pleaded in effect that the consideration for the note had failed; they also urged the defense of resjudicata. It is here claimed that the latter defense should have been sustained and judgment should have been rendered in favor of defendants.
The plea invoked is a bold attempt to defea...
Views: 3
This is an appeal by certain defendants from a portion of the same judgment which we had under consideration in E.K. WoodLumber Co. v. Mulholland, (No. 8071) ante, p. 475 [5 P.2d 669], the opinion in which has been this day filed. The appealing defendants, as holders of the deeds of trust and as purchasers at the foreclosure sale under the second deed of trust, appeal from that portion of the judg...
Views: 0
Several actions were brought to foreclose mechanics' liens for labor and material furnished in the construction of a three-story brick apartment house on property belonging to the defendant Mulholland. These actions were consolidated for the purpose of trial. The judgment of the trial court was to the effect that said lien claimants were entitled to personal judgments, but that none of said claima...
Views: 0
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The defendants were jointly charged with having murdered one Frank Roderick. They were tried together before o...
Views: 2
On the thirteenth day of August, 1929, Belle Stoneburner was a passenger in an automobile driven by Mrs. Odessa Hendee westerly along the Valley Boulevard, a public highway connecting the cities of Los Angeles and San Bernardino. At a point about eight miles westerly of the town of Bloomington, the Hendee car came into collision with a light automobile driven by an *Page 451
unknown person. Mrs. ...
Views: 4
Appellants are husband and wife. At about 1:30 o'clock on the afternoon of October 22, 1929, May Koeppel was injured by either running into or being struck by an automobile driven by respondent on Third Street in the city of San Bernardino, at a point within what is designated as the central traffic district by ordinances of the city of San Bernardino. This action was brought to recover damages fo...
Views: 7
Plaintiff brought this action for declaratory relief. He sets forth in his complaint that on or about July 13, 1927, defendant Marion R. Paddock made and executed his note for $1600 to the order of the Bank of Italy National Trust Savings Association, and secured same by a deed of trust, said bank being then the guardian of defendant Charles M. Wheeler. That on June 15, 1928, the said Wheeler hav...
Views: 3
By information filed, appellant and one Evans were accused of two robberies. At the trial they were acquitted on the first count and convicted on the second. Defendant Collins appeals from the judgment and from an order denying his motion for a new trial. The evidence leaves no doubt that, at the stated time and place, in the city of Los Angeles, two men forcibly took from the person of the prose...
Views: 0
This is an appeal by the plaintiff from a judgment denying plaintiff’s application for a writ of quo warranto, and declaring the territory described in plaintiff’s complaint legally annexed to the City of South Gate. The proceedings had were regular upon their face. It appears from the evidence and from the plat introduced that, if there was anything that separated any part of this territory ...
Views: 1
This is an appeal on the judgment-roll from a judgment in favor of defendant and respondent, The Metropolitan Life Insurance Company. From the findings it appears that on or about December 1, 1925, respondent insurance company issued to one James Levell a policy of insurance upon his life for $1,000 payable to his mother as beneficiary; that on or about December 31, 1925, James Levell married the ...
Views: 0
The respondents had judgment in an action wherein the appellant petitioned the Superior Court *Page 417
of the County of Madera for a writ of review for the purpose of inquiring into the validity of an order of the Board of Supervisors relative to the establishment and organization of the Madera Irrigation District. The petition sets forth, among other things, that the appellant is the owner of c...
Views: 0
This is an appeal from a judgment for plaintiff in the sum of $34,531.23 in an action to recover damages for breach of a contract of employment entered into in April, 1925. Under this agreement respondent was employed by appellant as a motion picture actress for one year beginning May 19, 1925, with the option to appellant of four yearly extensions of the contract, each *Page 409
yearly extension...
Views: 15
Plaintiff sued for personal injuries resulting from the fall of a passenger elevator operated by defendant Massetti under employment of his co-defendant. The cause was tried with a jury and both defendants had a verdict. The plaintiff appealed on typewritten transcripts.
The plaintiff alleged negligence in general terms and then pleaded seven special instances in which the defendants were alleged ...
Views: 1
The defendant was charged with grand theft in two counts. He was acquitted as to count one and convicted on count two. Count two alleged: "That on or about the 13th day of January, 1931, at and within said County of Orange, State of California, the crime of felony, to wit: grand theft was committed by Claude Corbin, who at the time and place last aforesaid, did then and there wilfully and feloniou...
Views: 7
This action was upon a trade acceptance drawn by the Brent Furniture Company in favor of defendant and indorsed by defendant to the Pacific National Bank before maturity, for value, who took the same in good faith and became a holder in due course thereof.
This trade acceptance was drawn on December 8, 1925, for the sum of $680.75, was accepted by defendant and payment thereon was due on March 8, ...
Views: 2
The district attorney filed an information against the defendant charging him with the commission of the crime of burglary on August 10, 1930, in San Francisco. The defendant was arrested, he pleaded not guilty, and thereafter he was tried and convicted. By its verdict the jury fixed the degree as the second degree. From the judgment entered on the verdict the defendant has appealed.
[1] He makes ...
Views: 2
This is an appeal by the defendants from a judgment foreclosing a mechanic's lien. The evidence showed, and the trial court found, that the plaintiff sold to the defendants a quantity of metal casing which the defendants used in sinking an oil-well; that at the time of the purchase the defendants paid down in cash about one-half of the purchase money and that they also executed three several trade...
Views: 0
Action to quiet title to real property. Plaintiffs prevailed in the superior court and defendant H.R. Coburn alone appeals.
Appellant contends that the evidence is insufficient to support the finding of the trial court "that the above named plaintiffs, K. Otto Saterstrom and Anna O. Saterstrom, are the owners of the fee simple title to the property described in paragraph 3 of plaintiffs' complaint...
Views: 6
The interveners in this action had judgment, from which judgment the plaintiff appeals.
The action was begun by the plaintiff against C.E. Masten and James A. Long, doing business as copartners, to recover the sum of $732.57 alleged to be due from said defendants to the plaintiff. Following the filing of the complaint a writ of attachment was issued under and by virtue of which the sum of $558.59,...
Views: 1
Page 219
[1] Respondent moves to affirm the judgment upon the ground that appellant's brief does not comply with the provisions of section 953c of the Code of Civil Procedure, and does not comply with the requirements of rule VIII governing such appeals, and upon the further ground that the appeal is not meritorious, was not taken in good faith and has not been prosecuted with reasonable diligence.
We are ...
Views: 0
On the sixth day of June, 1929, pursuant to notice duly given, the attorneys for the respective parties in this action appeared before the superior court and two motions were presented, whereupon the court made the orders which are the subjects of the present appeals. The plaintiff moved for an order dismissing proceedings theretofore taken by the defendant for the purpose of procuring transcripts...
Views: 5
From a judgment in favor of the plaintiff quieting his title to a lot in Los Angeles the defendant has appealed. The plaintiff filed a complaint describing the lot and inserted the ordinary allegations of a cause of action to quiet title. The defendant filed an answer in which he alleged his title and interest and in which he denied the plaintiff's allegation "that the defendant's claim is without...
Views: 0
At about 5 P.M. on the evening of March 18, 1930, the plaintiff Mary Steers walked east on Cabrillo Street in San Francisco. She reached the northwest corner of the street and Tenth Avenue and was intending to cross the latter street. She saw a street-car owned by the City and County of San Francisco coming north on Tenth Avenue and a truck owned by the defendant C.M. Camp coming west on Cabrillo ...
Views: 0
The plaintiff had judgment in the sum of $4,250 for and on account of damages alleged to have been suffered by reason of coming in contact with a high-powered electric transmission line, negligently maintained by the defendant. From this judgment the defendant appeals, and also from an order denying defendant's motion for judgment in its favor, notwithstanding the verdict.
The complaint alleges th...
Views: 9
By an information consisting of two counts, filed in the Superior Court of Los Angeles County, the appellant was charged with having wilfully, unlawfully and feloniously taken from the person and possession and in the immediate presence of another certain specified amounts of money, by means of force and by putting said person in fear. Pursuant to a trial by jury he was found guilty of robbery of ...
Views: 8
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 334
This is an appeal from the order made September 24, 1930, settling the first and final account of the guardian of an incompetent person and discharging the guardian, Charles A. Meyer, and particularly from those portions of the order allowing certain item...
Views: 5
The pertinent facts upon which this appeal depends are set forth in the opinion in the case of California Standard FinanceCorp. v. Bessolo Gualano, Inc., ante, *Page 329
p. 323 [5 P.2d 478], this day filed in this court, and to which opinion for said facts reference may be had.
It appears that the greater criticism by the appellant of the judgment rendered by the lower court is leveled not only ...
Views: 2
From the record herein it appears that Bessolo and Gualano, Inc., a corporation, executed its promissory note for the sum of $15,000 in favor of one Balfour; that later the payee of said note, together with Bessolo and Gualano, each as individuals, executed a guarantee of payment thereof, and thereupon delivered it to the plaintiff, together with a certain bond executed by the defendant Fidelity U...
Views: 0
On December 27, 1927, plaintiff commenced this action against respondent Benbow and one Mary Bell Lewis to recover possession of certain described personal property, consisting of furniture, screens, pictures, etc. Plaintiff was the owner of a chattel mortgage on said personal property, which mortgage had been given to him in the year 1922 by Mrs. Lewis, owner of the property, and which property, ...
Views: 2
Respondents are husband and wife, as are appellants. At about 6 o'clock on the afternoon of May 21, 1930, Freda Morehead was injured in a collision between an automobile which she was driving and one being driven by Sadie A. Roehm, at the intersection of Newport Road and East First Street, public roads in Orange County. Newport Road runs in a northeasterly and southwesterly direction and is inters...
Views: 3
This action was brought by the plaintiff as administratrix, to recover for the death of her husband, D. Newton Blodget, which resulted from an automobile accident which occurred between 9 and 10 o'clock on the morning of March 26, 1929. At that time the defendant May, who was an employee of the defendant Preston, was driving a Ford truck north on Arrowhead Avenue in the city of San Bernardino. Som...
Views: 3
This is an appeal by plaintiff J.M. Maurer from a judgment entered in favor of the defendant M. Bernardo in an action upon a promissory note. The facts are not in dispute and are briefly these: *Page 292
On December 2, 1922, defendant executed and delivered to the assignor of plaintiff a conditional promissory note in the sum of $500. The condition precedent, contained in the note, was performed ...
Views: 8
This is a proceeding in certiorari to review a decision of the Industrial Accident Commission.
On October 8, 1928, petitioner's husband, Edward A. Mullane, a salesman in the employ of the Pacific Gas Electric Company in San Francisco, was violently and without provocation assaulted by a man conducting an apartment house when Mullane called at the house to demonstrate for a tenant therein a portab...
Views: 4
Defendant was tried before a jury upon an information charging forgery in the making and passing of a written instrument. Upon her conviction she appealed from the judgment and from an order denying her motion for a new trial.
The instrument was a check for $10 drawn upon the Watsonville branch of the Bank of Italy, made payable to Jessie Thomas, and signed "R.C. Duncan". The defendant presented t...
Views: 0
Plaintiff commenced this action to recover from defendant an alleged balance owing to him by defendant for commissions arising from a contract pertaining to the sale of real estate. The complaint sets forth, that at the date of said contract, defendant was engaged in the business of subdividing and improving tracts of real estate in the county of Los Angeles, and had in its employment salesmen for...
Views: 1
The plaintiff sued the defendant to collect rent. The defendant answered and filed a counterclaim. From a judgment in favor of the plaintiff the defendant appealed under section 953a of the Code of Civil Procedure.
[1] The defendant claims the court erred in awarding judgment for the full amount of the accrued rent as of the date of the trial. He claims that for at least a part of the time the pla...
Views: 0
The controversy presented on this appeal arises out of the trial of the consolidated actions brought to foreclose several mechanics' liens for labor and materials furnished in the construction of a dwelling-house and garage on the property of defendant Bastien. The appeal is taken on the judgment-roll by Thomas Haverty Company, Pacific Plaster Company and Blue Diamond Company, three of the lien cl...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 261
THE COURT.
An appeal from a judgment entered upon a verdict of $6,500 in favor of plaintiff and against defendants.
On June 26, 1928, at the intersection of Sacramento and Maple Streets in San Francisco, the plaintiff received personal injuries when he wa...
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M.E. Melvin, now deceased, and Martha E. Melvin, appellant, had been husband and wife and had lived together as such in the city of Marshalltown, Iowa, for more *Page 250
than thirty years prior to July 12, 1922. During their married life considerable property was accumulated, which, under the laws of Iowa was the separate property of the husband. In November, 1919, they came to Los Angeles for t...
Views: 4
This is an action to recover for injuries and loss sustained by the plaintiff in a collision between an automobile driven by him and an electric car operated by the defendant. The collision occurred about 5 o'clock P.M. on April 20, 1926, near the town of Cypress, in Orange County, at a point where a paved highway crosses a double track used by the railway company. An automatic signal which "wigwa...
Views: 3
Action for damages.
The case involves an intersection collision between plaintiff's and defendant's automobiles. On April 27, 1928, at the hour of 1:30 A.M. plaintiff, respondent herein, was driving his automobile in a westerly direction along Post Street toward Larkin. At said time and place, defendant drove and operated an automobile in a northerly direction on Larkin Street. The complaint alleg...
Views: 4
An order having been issued in the above-entitled cause requiring the respondents herein to appear and show cause why their petition for rehearing should not be stricken from the files and the order denying said petition set aside, and cause having been duly shown in response thereto, and the matter submitted to the court, it is hereby ordered that the said order to show cause be discharged and t...
Views: 0
The defendant was found guilty of robbery and of a prior conviction of another felony. At the trial, he did not become a witness in his own behalf. It is now contended the evidence fails to identify him with the robbery or to support the judgment. It is also asserted the court erred in receiving in evidence three revolvers without sufficient proof connecting them with the crime with which the def...
Views: 0
Plaintiff brought this action to establish a trust in real property, for an accounting and for the appointment of a receiver. Defendant demurred to the amended complaint. The demurrer was sustained and plaintiff refusing to further amend, judgment was rendered for defendant and from this judgment plaintiff has appealed.
The amended complaint alleged that plaintiff and one H.T. Johnson are husband ...
Views: 9
The plaintiffs are three minor children of one Harry Anderson, now deceased. They instituted this action by their guardian adlitem, to recover damages for the death of their father, through the alleged negligence of the defendant. The cause was tried by the court with a jury, and a verdict rendered in favor of the plaintiffs in the sum of $15,000. From the judgment entered in accordance with the s...
Views: 5
Respondents presented a motion for dismissal of the appeal, on the ground that the time for filing transcript had expired and no transcript had been filed at the time of serving and filing the notice of motion; and upon the further ground that the questions raised by appellant had become moot.
[1] After the entry of judgment appellant duly presented a motion for new trial, which motion was denied....
Views: 0
Plaintiff sued for an accounting of moneys alleged to have been advanced to defendants and invested for plaintiff's use and benefit. A nonsuit was granted as to defendant K.M. Neeland and dismissals were had as to all other defendants except J.M. Neeland, against whom judgment was entered in the sum of $16,666.05, together with compound interest amounting to over $14,000. This defendant has appeal...
Views: 1
Appellants are the children and widow of Leonard P. Follett, who was killed in a collision with an automobile belonging to L.J. Hayes and driven by W.D. Brown, on Third Street in the city of San Bernardino at about 6 o'clock in the afternoon of December 24, 1928. The case was tried before a jury, which returned a verdict in favor of appellants in the sum of $5,000.
Respondents made a motion for a ...
Views: 5
Action for damages for the death of Percy Everett Dow, alleged to have been caused by the negligence of the defendants.
The case was tried before a jury and resulted in a verdict and judgment in favor of the defendants. A motion for a *Page 197
new trial was made by the plaintiffs based upon all the statutory grounds. The court granted the motion, and in doing so, used this language:
"The Court f...
Views: 1
In this action to foreclose certain mechanics' liens, the defendants, Title Insurance Trust Company, a corporation, and Alhambra Hardware Company, a corporation, had judgment. From these judgments the plaintiffs *Page 193
appeal. The record shows that two actions were involved, but were tried as one, and for the purposes of this decision, we will consider the cases as one.
The findings of the co...
Views: 0
This is a rehearing upon an appeal from a judgment on a promissory note in favor of the holder thereof in due course. It is contended the plaintiff took the note subject to all defects of title since the complaint alleges that it was assigned to it and failed to allege the note was indorsed by the payee prior to maturity. It is also asserted the court erred in precluding the appellant from offerin...
Views: 3
This is an appeal by the defendant from judgments of conviction after verdicts of guilty on two counts of an information charging arson and burning of insured property, respectively, and from an order denying a motion for new trial.
Defendant was charged with arson, in count one, and in count two with the burning of insured property. The first count was amended before trial, by order of the court ...
Views: 10
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 167
Appellants were convicted of murder of the first degree, with the penalty of life imprisonment, and appeal from the order denying their motion for a new trial and from the judgment.
On October 23, 1928, at about midnight the deceased, Ralph Trump, stopped...
Views: 13
[1] The sole question presented by this appeal is whether or not the following provision of the will of the testatrix is sufficiently definite to create a trust:
"I hereby give . . . all the rest . . . of by estate . . . to my executors . . . in trust, however, to be invested in Bibles, to be distributed in home and foreign lands in such quantities and in such places as may to my said executors se...
Views: 1
The defendant was convicted of having committed first degree burglary and was sentenced to imprisonment in the state prison. He appeals from the judgment of conviction and from the order denying his motion for a new trial.
On the night in question the drug-store of Robert Miller, doing business as Miller Pharmacy, on Market Street near Front Street in San Francisco, was entered and a bag of money ...
Views: 1
This action was brought against numerous defendants to condemn certain lands in the City of Los Angeles under the Street Opening Act of 1903. (Stats. 1903, p. 376.) The three referees appointed pursuant to the provisions of that act to ascertain the compensation to be paid to defendants, filed their report and defendant Cohen, the appellant herein, filed exceptions thereto.[1] Upon the hearing of ...
Views: 0
Defendant was convicted of a violation of section 288 of the Penal Code. He made a motion for a new trial, which was denied and judgment was thereupon pronounced. Defendant prosecutes this appeal from the judgment and the order denying him a new trial.
The record reveals these facts: Judgment was pronounced on March 21, 1928. Notice of appeal from the order denying a new trial and the judgment was...
Views: 0
This is an action brought upon contract. Upon trial by the court, judgment was rendered against each of the defendants in the sum of $3,371.82. The appeal is taken from the judgment.
The facts are undisputed. Baxter Creek Irrigation District and Tule Irrigation District were and are irrigation districts organized under the laws of California. Their water supply is owned jointly by the two district...
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THE COURT.
[1] The defendant gave notice of appeal "from the judgment and sentence herein rendered on the 19th day of December 1930". The record shows that no judgment has been pronounced or entered, unless the probation order of December 19th, including the conditions recited in said order, may be construed into a judgment from which an appeal may be taken.
But it further appears that during the ...
Views: 0
If the letter sent by deceased to plaintiff is a sufficient acknowledgment or promise of a new contract, by which to take this case out of the operation of the statute of limitations, then the judgment giving recovery on two promissory notes, long outlawed but for the letter, must be affirmed. We find the letter sufficient. Its pertinent part follows: "Now about the money we have of yours. I gave ...
Views: 2
This action was brought by the plaintiff to recover one-half of an amount collected by the defendant as a commission for the sale of certain real estate. The defendant was a real estate broker and the plaintiff was for some years employed in defendant’s office as a real estate salesman. Except as herein pointed out, it is agreed that the plaintiff was to receive one-half of any commission earned ...
Views: 0
Plaintiff brought this action to recover the sum of $3,000 alleged to have been paid to defendant under compulsion. From a judgment in favor of plaintiff, defendant appeals.
The plaintiff corporation was the owner of a certain tract of land and had negotiated an advantageous sale of a portion of the tract. While the purchase money was in escrow defendant levied execution upon the entire tract base...
Views: 8
Plaintiff brought this action to recover damages for the alleged breach of contract by defendants. Defendants cross-complained seeking damages for the alleged breach of the said contract by plaintiff. From a judgment in favor of defendants and cross-complainants, plaintiff and cross-defendant appeals.
The contract which was executed by the parties under date of December 3, 1926, read as follows:
"...
Views: 5
THE COURT.
The above action was for the recovery of damages for personal injuries alleged to have been caused by the negligence of defendants Andrew Minutoli and P. Grassi Co. "Travertite" Works, Inc., a corporation (which will be hereinafter referred to as such). Before the suit was filed plaintiff was adjudged incompetent and appeared by her guardian. A jury returned a verdict against the corpo...
Views: 6
The defendant in this case is charged by information with the crime of robbery. The jury returned a verdict of guilty of robbery in the second degree. This appeal is from the judgment of conviction and from an order denying defendant's motion for a new trial.
It appears that on the twelfth day of June, 1931, the defendant was running a "Beer Garden" situated about two miles east of the city of Bra...
Views: 13
This is an appeal from a judgment against the appellant entered in this action, awarding plaintiff the sum of $500, together with his costs and disbursements amounting to the sum of $233.95. The case was tried by a jury. It appears that on the fourth day of April, 1929, the defendant, the appellant here, swore to a criminal complaint and caused the same to be filed in the Justice's Court of Seal B...
Views: 2
The defendants and appellants here, respondents in acertiorari proceeding in the Superior Court of Los Angeles County, appealed from a judgment rendered *Page 111
therein annulling a judgment of said board which suspended the license of the petitioner to practice dentistry in this state.
Concisely stated, the respondent was charged before said board with unprofessional conduct, in that on various...
Views: 0
The defendants and appellants here, respondents in acertiorari proceeding in the Superior Court of Los Angeles County, appealed from a judgment rendered therein annulling a judgment of said board which suspended the license of the petitioner to practice dentistry in this state.
Omitting formal parts of the accusation, it was charged that respondent used in his practice "a name other than the name ...
Views: 1
The appellants prosecute this appeal from a judgment against them and in favor of the respondent in the sum of $4,516.65 and costs.
The appellant James R. Wilson was an investment broker and the appellant New York Indemnity Company gave bond for him as such broker. In June, 1927, the respondent delivered to Wilson Farmer River Corporation seven per cent first mortgage bonds of the par value of $5,...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 394
This is an action for personal injuries. The jury returned a verdict in favor of plaintiff for the sum of twenty-five hundred dollars. [1] The defendant Pacific Auto Stages, a corporation, operates auto stages upon the San Francisco-San Jose highway. The ...
Views: 13
Plaintiff sued upon a written contract for advertising. The cause was tried by the court without a jury and judgment went for plaintiff as prayed. The defendant appeals upon typewritten transcripts.
On February 20, 1928, the parties executed a contract in writing under which plaintiff agreed to run thirty feet of advertising film six days a week alternating weekly between the Southern Pacific and ...
Views: 0
Appellant instituted this action seeking to abate an alleged nuisance and to recover damages alleged to have been occasioned thereby. At the close of appellant's case respondents made a motion for nonsuit which was granted. From the judgment entered, appellant has prosecuted this appeal.
This action grew out of a controversy over the construction to be placed upon certain provisions of a deed exec...
Views: 0
In an action for damages against a hospital, two nurses and a surgeon, in Ventura County, the jury were directed to return a verdict in favor of the defendants, and the plaintiff appealed from the judgment.
From such argument in the briefs as is based upon evidence appearing in the record, as distinguished from statements of counsel, we assume that the contention as to its sufficiency to warrant s...
Views: 13
It appears that plaintiffs, together with Stuart M. Salisbury and Lois C. Salisbury, were the owners of certain real property which, for the purpose of drilling and operating thereon for the production of petroleum, etc., they leased to the A.F. Gilmore Company, a corporation, and that thereafter, following several preceding assignments thereof, the said lease was assigned to defendants E.C. Joann...
Views: 3
Defendants' demurrers to plaintiff's second amended complaint were sustained with leave to amend. Plaintiff failed to amend after notice and judgment was *Page 369
entered in favor of defendants. Plaintiff appeals upon the judgment-roll.
[1] The complaint in question is entitled "Action for Damages" and covers twenty pages of the transcript. It appears to be drawn upon the theory that a conspirac...
Views: 9
THE COURT.
The above action was brought upon a promissory note executed to plaintiff by defendants T.M. Rallis and L. Rallis, his wife. The instrument, which was for $1303, was dated August 2, 1926, and payable with interest on August 1, 1927. Some time before its date defendant T.M. Rallis became indebted for money loaned and services rendered by the plaintiff and others. The latter assigned thei...
Views: 2
Claiming to be a member of the police department of the city of Oakland, the plaintiff applied to the trial court for a writ ofmandamus commanding the defendant as auditor to draw his warrant in payment of two salary claims. His application was denied. He made a motion for a new trial and the motion was denied and he has appealed from the judgment.
Plaintiff set forth a cause of action to recover ...
Views: 0
The defendants appealed from a judgment rendered by the Superior Court of Los Angeles County in favor of the plaintiff for the possession of personal property.
[1] Said judgment is based upon allegations of the complaint and findings of fact reciting merely that the plaintiff was the mortgagee and entitled to the immediate possession of the property described, and that the defendants were at all t...
Views: 1
This is an appeal by defendant Soffel from a judgment awarded on two trade acceptances signed by said defendant and held by plaintiff. *Page 354
[1] The points raised by appellant would require a weighing of the evidence by this court. It cannot be said that there was not sufficient evidence to support the findings or that the findings were not sufficient to support the judgment. This is an acti...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 341
Plaintiff sued for personal injuries resulting from a collision between a motor vehicle which he was operating and a street-car operated by defendant. The cause was tried with a jury. A verdict was returned for defendant and plaintiff appeals from the jud...
Views: 6
The defendant appeals from an adverse judgment in an action to quiet title to a lot situate in the city of Santa Monica. The appeal is taken on the judgment-roll alone, the main ground urged for reversal being that the findings do not support the judgment, in that they show that' plaintiff acquired the property with knowledge of the fact that defendant held an unrecorded deed thereto. The entire ...
Views: 0
Respondent, by a written agreement, employed appellant to design a sewerage and sewerage disposal works, to prepare all drawings and the contract for its construction and to supervise and inspect such construction for a percentage of its cost, payable in progress installments, subject to final determination thirty-five days after completion. Although providing that time was of its essence, the agr...
Views: 1
Plaintiff brought this action to recover certain sums of money alleged to be due on several assigned claims against the defendant corporation, one of which was based on a promissory note for $5,000. The trial took place before the court sitting without a jury, and judgment was given in favor of plaintiff on all counts but one, which related to the promissory note. With reference thereto the court ...
Views: 0
A petition for the writ of mandamus was filed by plaintiff in the court below. The defendants interposed a demurrer on general and special grounds which was sustained. Judgment was thereafter entered and this is an appeal from an order vacating that judgment.
The points now raised by appellants will be more readily understood if we set down all the facts surrounding the making of the order. The pe...
Views: 12
Plaintiff sued to foreclose a mechanic’s lien. The cause was tried before the court and, at the close of plaintiff’s case, the trial court granted a nonsuit, as to certain defendants. The plaintiff appeals on typewritten transcripts. Plaintiff is the assignee of Union Tank and Pipe Company, a corporation. This company sold to defendant Bailes a quantity of oil-well casing which Bailes used in s...
Views: 1
This is an appeal from an order deny-in the motion of the Zurich General Accident Liability Insurance Company to set aside a satisfaction of judgment and consent thereto, and for a lien upon that judgment in favor of the insurance company.
The plaintiff Lidberg was injured while in the course of his employment as an interior decorator. In due course the Industrial Accident Commission awarded him ...
Views: 0
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The above-entitled cases were consolidated for the purpose of trial and pursuant to stipulation and order were consolidated for the purpose of appeal. In the trial court judgments were entered upon the verdicts in favor of plaintiffs Sarah J. Maggart and ...
Views: 8
This is an appeal by defendant from an adverse judgment in an action to recover the sum of $2,000 which plaintiff claims was loaned by him to the defendant at the *Page 303
latter's request to enable defendant to purchase certain shares of stock in a mining corporation which the parties were organizing. The defendant denied that the money advanced by plaintiff constituted a loan, but the trial co...
Views: 0
The original complaint in this action sets forth two causes of action: First, an action to quiet title, containing the usual averments, and second, a cause of action for cancellation, as to the defendant, of a deed from one Hartley, conveying to all of the parties, as joint tenants, the property described in the complaint, on the ground that the defendant's interest in the property had been obtain...
Views: 5
Respondent instituted this action to recover the sum of $2,000 for the use of pasturage on property which he owned in Imperial County. The case was tried before a jury. The court gave a peremptory instruction to return a verdict in favor of respondent in the sum of *Page 291
$928.20, upon which verdict the judgment was entered. From this judgment an appeal was taken.
At the time of the trial the ...
Views: 0
This is a petition for a writ of habeas corpus.
It is contended the order of a magistrate holding the petitioner for trial in the superior court upon a charge of attempting to extort money contrary to the provisions of section524 of the Penal Code is void for failure to have established at the preliminary examination the corpus delicti. It is asserted the record fails to show probable cause to bel...
Views: 11
In this action to recover for personal injuries judgment upon the verdict was entered in favor of plaintiff from which judgment defendant appeals.
Appellant urges several grounds for a reversal, the main contentions being: First, that there is no evidence of negligence on the part of appellant; and second, that even if it can be said that there is testimony showing negligence on appellant's part, ...
Views: 6
This is an action for damages for personal injuries alleged to have been sustained by the plaintiff Herman Clark under the following circumstances. On August 2, 1929, the plaintiff was driving a 1927 Dodge coupe automobile in a westerly direction on Addison Avenue in the city of Palo Alto. At the same time and place the defendant was driving a 1930 Nash sedan automobile in a southerly direction on...
Views: 5
The trial court, sitting without a jury, awarded plaintiff a judgment against the defendants for the sum of $1853.59, in an action for damages based upon the alleged negligence of defendants in operating a motor-truck, and defendants have appealed, contending as sole ground for reversal that the evidence is insufficient to support the trial court's finding on the issue of defendants' negligence.
I...
Views: 10
Plaintiffs instituted the present action alleging in their complaint that they owned and held legal title to a large number of parcels of real property specifically described and that defendants claimed some interest in said property adverse to plaintiffs' ownership, which claims of interest were alleged to be without legal right, constituting clouds upon the title of plaintiffs. Plaintiffs prayed...
Views: 0
Plaintiff sued for damages for the death of her minor son who was employed in the playfield of the Golden Gate Park operated by the city and county of San Francisco. The defendants are the park commissioners, the park superintendent, the superintendent of playgrounds and the manager of the "Fleishhacker Playfield". The cause was tried with a jury. At the close of plaintiff's case the trial judge g...
Views: 10
Plaintiffs employed Mr. Gloria and Mr. Hennessy as their attorneys to prosecute an action in tort for injuries arising from a motor vehicle accident. After the suit was filed plaintiffs moved for leave to substitute other counsel. Their motion was granted and Mr. Gloria and Mr. Hennessy appeal upon a bill of exceptions.
[1] The contract of employment was in writing. The parties agreed to pay their...
Views: 5
Defendants and appellants Pennington owned and operated an apartment house in San Francisco. Plaintiff and respondent Aileen Fisher paid one month's rent in advance for a furnished apartment. On the morning of the thirteenth day of March, 1929, plaintiff was occupying a bed in the furnished apartment when the door to which the bed was attached fell inward over the top of the bed, causing injuries ...
Views: 18
Appellant was convicted upon ten counts of an indictment, each charging a separate crime of grand theft. His motion for a new trial was granted as to the first nine counts, but was denied as to the last. This tenth count accused appellant of the crime of grand theft by charging that on June 11, 1930, he unlawfully took the sum of $260, the property of the complaining witness. From the order denyin...
Views: 14
Pursuant to count two of an information duly filed, defendant was convicted of the crime of violation of chapter 339, Laws of 1923 (Act 1970 of Deering’s Gen. Laws 1923), “committed as follows: That the said John Forrester, on or about the twenty-ninth day of January, 1931, at and in the county of Los Angeles, state of California, did wilfully, unlawfully and feloniously have in his possession an...
Views: 9
This is an application for a writ of habeas corpus based principally upon the ground that the trial court was without jurisdiction to punish petitioner for contempt. The commitment was issued after the court had made two orders, one of which found the petitioner guilty of contempt of court for failure to pay alimony, and sentenced the petitioner to two days in the county jail, which order was afte...
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The plaintiff sued to recover broker's commissions alleged to be due and owing to him from the defendant's testator. The defendant asserts that there is no testimony to support the finding that the plaintiff performed the contract under which he claims relief. She also asserts that there was no agreement employing the plaintiff. And she further asserts that the purported agreement *Page 228
was o...
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This is an action for personal injuries. The defendant in his answer pleaded contributory negligence. A jury rendered a verdict in the sum of $2,000 in favor of the plaintiff. The trial court granted a motion for a new trial on the ground of the insufficiency of evidence to sustain the verdict. Plaintiff appealed from the order granting the motion for a new trial.
At about 11 o'clock P.M. on the n...
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Plaintiff sustained injuries by reason of a collision between a motorcycle driven by him and an automobile operated by defendant. The case was tried by the court sitting without a jury and plaintiff had judgment. Defendant appeals.
Plaintiff was a traffic officer and deputy sheriff; was on duty and chasing a hit-and-run driver whose car had struck another automobile and injured the occupants. The ...
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Plaintiff recovered judgment in conversion in the lower court. This action was originally commenced against James C. Byers, who was sheriff of San Diego County and who levied an attachment on the stock of goods in an action against C.X. Thompson. Plaintiff, who is the wife of C.X. Thompson, filed a third party claim. The attaching creditor filed with the sheriff an indemnifying bond and obtained j...
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The appellant Harold Vincent was convicted of robbery in the second degree and sentenced to serve the term prescribed by law in the state penitentiary at San Quentin. Judgment was pronounced on April 6, 1931, and on the same day defendant gave oral notice of appeal from the "judgment of conviction". On April 8, 1931, written notice of appeal was filed, stating that the defendant appealed from the ...
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This is an appeal from an order or judgment by which a portion of the estate of the decedent was distributed to each of certain corporations either specifically mentioned or sufficiently described as a legatee by the provisions of the last will of the deceased.
That part of the will which is questioned by appellant was as follows:
"After funeral expenses are paid whatsoever property remains, is to...
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This action was brought by plaintiff against defendant to recover damages for an alleged breach of contract. The cause was tried by the court, sitting without a jury, and from an adverse judgment plaintiff prosecutes this appeal. The record is voluminous and comes to us through a bill of exceptions. The contentions advanced cover almost the entire law of contracts and appellant urges that the most...
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The first of these two actions grew out of the ordinary automobile accident in which the plaintiff Rosebelle King, a minor, was severely injured and was awarded judgment against both defendants. In the second case the plaintiff Lucile H. King, the mother of Rosebelle King, recovered judgment against both defendants for medical and hospital expenses. The two cases were by stipulation of all parties...
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This is an action brought by appellant for damages for personal injuries. He was struck by an automobile being driven by respondent at the intersection of Fifth and Robinson Streets in the city of San Diego, at about 7:30 o’clock on the evening of Friday, May 13, 1927. Fifth Street runs north and south. It is fifty feet in width between curb lines and has parallel street-car tracks on each side...
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This is an appeal by plaintiffs from a judgment in favor of the defendant, rendered by the court sitting without a jury, in a trial held after plaintiffs' demand for a jury trial had been denied.
This appeal presents just one question, viz., did the court err in denying plaintiffs' demand for a jury trial?
On March 21, 1929, the attorney for the plaintiffs wrote the clerk of San Diego County askin...
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This is an action to recover a secret profit realized and retained by the defendant from a sale of real property negotiated by himself and the plaintiff. From a judgment in favor of the plaintiff the defendant takes this appeal.
It is the theory of the pl...
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This is an action to recover damages for personal injuries sustained by plaintiff, such injuries having been caused, so it is alleged, by the negligence of the defendant McJimsey in the operation of a certain automobile bus which was the property of defendant D.B. Maurice, doing business under the fictitious firm name of West Coast Rapid Transit Co. During the trial of the action it was stipulated...
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These appeals include two actions which were consolidated for trial. In action 42,098 the defendant was accused of burglary committed on September 12, 1930, at the house of one Katayama in the city of Arcadia. In said action it was further charged that before the commission of said offense the defendant on May 11, 1925, was convicted of burglary in the county of Los Angeles; and in April, 1911, wa...
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Plaintiff commenced an action against the defendants on a promissory note, claiming a balance due thereon of $606 together with interest at twelve per cent per annum from March 16, 1926, attorneys’ fees and costs. On June 18, 1928, a default judgment against the defendants was entered in the sum of $839, together with costs. This judgment became final without any appeal therefrom. Thereafter, upo...
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This is an action brought by appellant against respondent under the provisions of section 29, subdivision b, of the Workmen's Compensation Act (Stats. 1925, p. 494), which, in brief, provides that in the event an employer fails to insure, the employee, or in the case of death, his dependents, may bring an action for damages against the employer as though the act did not apply, with the provision t...
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This appeal is prosecuted under what is known as the alternative method, provided for by section 953a of the Code of Civil Procedure and by several other sections which follow it. Section 953c provides, in part: "In filing briefs in said appeal the parties must, however, print in their briefs, or in a supplement appended thereto, *Page 140
such portions of the record as they desire to call to the...
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In this action respondent seeks to recover damages against appellant for personal injuries sustained by him while employed by appellant in interstate commerce as a switch-tender, which position he had occupied in the Los Angeles yards for approximately th...
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This action was instituted to recover damages from the City of Los Angeles and the Department of Water and Power of said city for personal injuries.
The United States Fidelity and Guaranty Company, compensation insurance carrier for Francisco and Ellingto...
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Upon objection to the first and final account of the appellant as administrator of the estate of Nellie A. Montague, deceased, and a petition to determine heirship and distributive rights, filed by the sisters and a brother of said deceased, a decree was made and entered apportioning the estate to appellant and to the said petitioners. The administrator appealed from that portion of the decree whi...
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In this action for conversion of certain capital stock, judgment was entered in favor of defendant, from which judgment plaintiff appeals.
On the trial no evidence was offered by defendant. There is no dispute regarding the facts hereinafter set forth, which facts were proved either by the uncontradicted testimony introduced by plaintiff or by stipulation. Plaintiff borrowed the sum of $500 from d...
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This is an action in which the plaintiff, the assignee of Mrs. N.E. McCann, alleges that on or about the 2d of March, 1926, the defendant entered into a contract with said Mrs. McCann by the terms of which he agreed to give to her the exclusive agency for selling certain property and to pay her the regular commission allowed to relators on sales and, in addition thereto, to pay two and a half per ...
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Upon a trial by the court sitting without a jury plaintiff recovered judgment in the sum of $2,509.94, with interest, for goods alleged to have been sold and delivered to defendant by plaintiff's assignor. Defendant appeals from the judgment.
[1] Appellant contends that the findings are not supported by the evidence. In our opinion this contention must be sustained, but we do not deem it necessary...
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This action was brought by respondent to recover damages for personal injuries alleged to have been sustained by reason of a collision between an automobile driven by himself and a street-car alleged to have been negligently operated by the appellant on Grand Avenue at its intersection with Twelfth Street in the city of Los Angeles. The answer of appellant denied the negligence charged and specifi...
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The plaintiff was injured by being struck by an automobile which was at the time being driven by one of the defendants but which was owned by the other defendant. 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 fixed his damages in the sum of $1,000. The plaintiff made a motion for a new trial and the...
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The petitioner filed in the superior court a petition for a writ of mandamus to compel the City Council of the City of Oceanside to call a recall election. The petitioner recites that he, and other qualified electors, prepared and circulated a petition for the recall of H.D. Brodie and E.A. Walsh as Trustees and Members of the City Council of the city named. It is alleged that the petition was sig...
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Defendant Martin was the payee of a promissory note for $3,500 made by his co-defendants, payment of which was thereafter guaranteed in writing by Martin and the same was deposited with the Peoples National Bank of Los Angeles as collateral security for a debt owing by him to the bank. Plaintiff brought suit on *79 the note and guaranty. Defendant Martin alone was served and the action was appa...
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The defendant Hodges was, jointly with Anthony W. Patton, E.T. McCoy and G.M. Hunter, charged with the crime of murder in an indictment returned by the grand jury of Imperial County. The defendant Hunter was never apprehended, the defendant Patton was give...
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This application was made in behalf of Luther Branham. The petitioner alleges that he is unlawfully imprisoned and detained 'by the sheriff of San Diego County. It is further alleged that he was found guilty of violating section 367d of the Penal Code by the police judge of the city of Chula Vista and by him sentenced to pay a fine of $50 or, in lieu thereof, to be confined twenty days, in the co...
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The defendant was charged with the crimes of incest and rape, in two counts of an information filed by the district attorney of Imperial County. The first count of the information charges the defendant with an act of intercourse with the prosecutrix, committed on January 15, 1931, alleging that the prosecutrix was "a female child of the age of 16 years, she . . . being then and there the daughter ...
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The above-entitled action, Luvada R. Lewis v. SouthernCalifornia Edison Company and Harry Plotz, was an action brought by appellants for the wrongful death of Henry E. Lewis, husband of Luvada R. Lewis and father of Mary Lewis. The action entitled"City of ...
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The plaintiff filed his second amended complaint in the court below alleging two causes of action, both in substance that in the month of October, 1929, one Edwin S. Pascoe was the owner of certain real property in Imperial County and entitled to the rents *Page 43
and profits thereof; that during the month of November, 1929, the defendant was appointed receiver in a certain mortgage foreclosure ...
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On August 20, 1928, default of plaintiff was entered for failure to answer defendant's cross-complaint. Thereafter on December 11, 1928, and pursuant to said default, judgment on the cross-complaint was entered. On February 19, 1929, pursuant to notice given, cross-defendant presented to the court a motion that the said default and judgment be set aside and that the execution on the judgment be re...
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This is an action for personal injuries. Judgment went for the plaintiff and the defendants have appealed.
On the evening of the sixteenth day of March, 1930, the plaintiff was knocked down and suffered the injuries complained of when he was a few feet from the westerly side of the highway leading from San Mateo to San Francisco. The accident occurred in the city of San Mateo approximately ninety ...
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The plaintiffs commenced separate actions against the defendant to recover damages caused by the collision of two automobiles. The defendant answered and thereafter both actions were consolidated for the purposes of the trial. In each action judgment went for the defendant and the plaintiffs have appealed. At about 3 o’clock in the morning, on January 1, 1930, the defendant was driving a Ford a...
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This is an appeal from a judgment of $11,846.80, which was recovered against the appellant, for personal injuries sustained by the plaintiff in an automobile casualty.
The plaintiff was employed as housekeeper at the Lincoln Hotel in Stockton. She was the ...
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General and special demurrers having been sustained, the plaintiff appealed from the resultant judgment.
Respondent Schreiber was a notary public in and for the county of Los Angeles, and the respondent corporation issued its usual bond guaranteeing the faithful performance of her services as such notary public. A deed of trust, bearing the forged signature of appellant as one of three trustees of...
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The plaintiff sued to recover a judgment for damages for personal injury. At the end of the plaintiff's case the defendant moved for a nonsuit. The motion was granted. The plaintiff made a motion for a new trial. That motion was denied and the plaintiff has appealed. [1] In his first point the plaintiff contends that the motion for a nonsuit was not sufficiently specific. The motion was based on t...
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The plaintiff commenced an action against the defendants to foreclose a mechanic’s lien. The trial court made findings in favor of the defendants and from a judgment entered thereon the plaintiff has appealed.
In his complaint the plaintiff based his cause of action on a written contract employing him as architect. The indenture of employment, set forth as an exhibit, is dated January 22, ...
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The above actions grew out of an automobile accident which occurred in San Mateo County. Inasmuch as both cases involved the same accident and the witnesses were the same in each, there was an order of consolidation in the court below. The cases were tried together and the appeals are presented through one bill of exceptions, under stipulation.
The accident referred to was a collision between the ...
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These actions were brought to recover damages against the same defendants as the result of an automobile accident. The two actions were consolidated and tried together and are before this court upon a joint transcript. The facts are undisputed and the question of negligence is not an issue.
Briefly stated, defendant Washington was, at the times mentioned in the complaint, an admiral in the United ...
Views: 0
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This is an action brought to recover damages arising out of the death of Claude W. Barker, through the negligence of defendants. The jury awarded plaintiffs (who are widow and children, respectively, of deceased) the sum of $30,000, and this appeal is pro...
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This action was commenced in the court below by the filing of an original complaint on November 16, 1922. John Doe and Richard Roe were named as fictitious parties defendant. After the defendant Cassab Fig and Grape Gardens, a corporation, had answered, an amendment to the complaint was filed on March 29, 1923. This amendment was served on the attorney for this defendant, but not on any other defe...
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The plaintiffs, who owned certain land near the City of San Bernardino, brought this action for the purpose of recovering for damages sustained through the overflow of sewage upon their land. Prior to 1906 the defendant city had discharged its sewage in W...
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Prior to the happening of the particular incidents upon which the action which forms the foundation
*728
of the appeal herein depends, a corporation known as Fry Bros. Contracting Company entered into a contract with the street superintendent of the city of Venice for the improvement of a street located in said city, known as Venice Boulevard. Thereupon the contractor filed the req...
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This is an appeal by defendants Joseph F. Duesdieker and Alice Duesdieker from an order denying their motion to set aside their default and the default judgment entered against them.
The complaint was filed on February 6, 1931, seeking to enjoin these defendants and others from using certain premises in violation of the National Prohibition Act (27 U.S.C.A.) and to obtain an order closing the buil...
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THE COURT.
This action was brought by the Bank of Italy Trust and Savings Association (hereinafter referred to as the bank) against Claude R. King, as temporary receiver for Thomas Day Company, a corporation, and Whitman Symmes, who is the appellant here. It was based on two promissory notes, both negotiable in form, executed by the corporation to the bank. One note, dated November 5, 1925, was fo...
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Two separate actions for damages were consolidated for trial. The injuries sustained by the plaintiffs were the result of a collision between a motorcycle on which the two plaintiffs were riding and a truck operated by the defendant Marsh Noe as the agent of the Crescent Creamery Company. At the conclusion of the evidence and before the case was submitted to the jury, the defendants moved for dire...
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This is an appeal from a judgment in favor of the plaintiff in the sum of $3,596.78, together with interest and costs of suit.[1] Respondent has made a motion to affirm the judgment upon the ground of an insufficient record upon which the appeal can be considered by this court. In their closing brief appellant says: "This case is presented to this court upon the judgment roll." We have before us a...
Views: 0
This is a case which shows the typical dispute between an owner and a building contractor, wherein oral *696 testimony was introduced in an attempt to explain, but not to change or vary, the terms of the written contract or agreement. There was sufficient evidence upon which to make the findings of the trial court, and, although in the court’s instructions to the attorneys to prepare their fi...
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This is an appeal by defendant Martin from a judgment of $10,000 in favor of plaintiff.
The court found that the plaintiff and the defendant Martin entered into a written agreement with defendant Engelhart, who was the agent of the owner of an insurance agency, for the purchase of said agency for the sum of $30,000; that the price which the owner of the business was willing to take was the sum of ...
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[1] The evidence, though not without its conflicts, is plainly sufficient to support the jury's conclusion that the appellant was guilty of manslaughter. He was shown to have been driving a fairly heavy car, at night, on a curving road, and to have been t...
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Respondent, through her guardian ad litem, brought this action to recover damages from appellants on account of injuries received in an automobile collision. The jury awarded her the sum of $15,805. The appeal is taken from the judgment entered upon the v...
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This appeal is from a judgment on a verdict for $2,826.85. The action was brought by the respondent, a policy-holder, to recover from the appellant, an insurance company, the share of the surplus earnings, apportioned at the end of the twenty-year period,...
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THE COURT.
This is an appeal by the contestants of decedent's will from a judgment in favor of the proponents, rendered by the court notwithstanding a verdict of a jury finding that the will was procured by undue influence.
[1] Section 629 of the Code of Civil Procedure, authorizing the rendition of a judgment non obstante veredicto, reads as follows: "When a motion for a directed verdict, which s...
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THE COURT.
Appeal by plaintiff from an order and judgment of nonsuit in an action brought by her against the K...
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This is an appeal from a judgment in favor of the defendants in a suit for damages for the killing of a child as the result of alleged negligence in the operation of an automobile. A reversal of the judgment is sought on the sole ground that erroneous ins...
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The respondent was charged by information with the crime of perjury, to which information he interposed a demurrer, which was sustained, and the People appealed from the judgment rendered in accordance with such ruling.
The information recites that in December, 1929, respondent commenced a civil action against William Weisman, Mary Weisman and Joseph Toplitzky upon the ground of fraud claimed to h...
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Appellants were convicted, by a jury, of two attempted robberies and an attempt to murder; the three offenses growing out of an early morning endeavor to hold up two employees of a grocery-store. Appellants place their hope of a reversal on the one plea that the jury must have reached a verdict through passion and prejudice, because the testimony of the prosecution witnesses, at least in so far as...
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Appellant while riding in an automobile as the guest of respondent was injured when the automobile ran into an embankment along the side of the highway and overturned; and thereafter she brought this action against respondent for damages. A motion for nonsuit was granted and the appeal is taken from the judgment entered thereon.
The accident happened in June, 1930, and therefore is subject to the ...
Views: 7
The appellant sued to quiet title to an undivided half interest in a piece of improved real estate in San Francisco. The respondent Charles J. Klebora answered asserting his ownership of an undivided three-quarters of the whole, and the respondent Martha Baugh answered claiming an undivided quarter of the whole. Judgment went for said respondents decreeing their interest to be vested in the propor...
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Plaintiff recovered judgment upon a contract between her assignor, one Jack Cathrill, and the defendant corporation. By the contract the defendant was licensed and agreed to make certain patented articles, a royalty on each one made to be paid to plaintif...
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The parties to this action, in contemplation of divorce proceedings, entered into a property settlement evidenced by an agreement in writing dated January 5, 1920, which read in part as follows: "Said party of the first part [defendant herein] agrees to pay said party of the second part [plaintiff], so long as sheremains unmarried to any other person, the sum of Fifty Dollars per month, . . . on t...
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The County of Imperial instituted this action against J. Roy Adams and the United States Fidelity and Guaranty Company, a corporation, surety upon the official bond of Adams as supervisor of Imperial County, to *Page 222
recover certain moneys illegally collected and wrongfully received by Adams from the county.
Adams was elected supervisor of Imperial County at the general election held in Novem...
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This is an action by a pedestrian to recover for injuries claimed to have been received due to the collision of two automobiles, and to have been caused by the negligence of both drivers. The collision occurred at the corner of Third and Laurel Streets in the city of San Diego, just before noon on April 24, 1929. The plaintiff, a lady of the age of sixty-five years, had just left a hall some half ...
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Respondent brought this action to recover a deficiency of $5,198.41 upon a promissory note for $25,000, secured by a deed of trust upon real property in San Diego County, which deficiency remained after the security had been sold and the proceeds applied upon the note. It recovered judgment and appellant has prosecuted this appeal.
The record discloses that the note was in words and figures as fol...
Views: 2
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The plaintiff appeals from a judgment of nonsuit as to both causes of action set out in the complaint.
It is alleged in the complaint that plaintiff was a resident of San Diego County and was highly respected and of high standing in the community, occupie...
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The defendants were convicted of the crime of rape committed upon the person of one Sumiyo Matsumura, a Japanese woman. The defendant Emory Cline moved for a new trial; his motion for a new trial being denied, the cause was appealed to this court.
Upon this appeal the only contention made is that the testimony is insufficient to show the commission of the crime of rape, and that the Japanese did n...
Views: 8
This is an appeal from an order denying proponents' petition to probate a will.
Decedent, Andrew J. Jones, had conducted a hotel and restaurant business for many years, bought and sold homes and engaged in the real estate business until he became financially independent, although unable to read and write, and since 1912 had largely been occupied in taking care of his own properties. He was interes...
Views: 1
This action is based on a claim against the estate of Rose Foreman, deceased, filed by plaintiffs, in the sum of nine thousand dollars, alleged to be due for services rendered decedent during her lifetime. Plaintiffs Dodson and Stockton are attorneys at law; plaintiff McNeal is the assignee of one Sloan, a private detective. The action is founded upon a written contract duly executed by Sloan, Dod...
Views: 3
Plaintiff and respondent N.E. McClory brought this action to recover the value of certain shares of stock which he claims had been secured from him under an illegal contract and by fraudulent representations.
The case was tried before the court without a jury and resulted in a judgment in favor of plaintiff and against all of the defendants. From this judgment the defendants Dodge, Harrison, Welch...
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Plaintiff commenced this action for divorce charging extreme cruelty upon the part of his wife. Defendant answered, denying the allegations of the complaint and filed a cross-complaint for maintenance and charging that plaintiff, her husband, had inflicted extreme cruelty upon her. On July 15, 1929, the case came on regularly for trial, both parties to the action being represented by counsel and t...
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Joseph L. Bezera, while riding as a passenger for hire in a taxicab, received fatal injuries in a collision between such taxicab and an oil truck; the collision occurring at the intersection of Fifteenth and Howard Streets, in the city of San Francisco. H...
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Suit to enforce liability against corporation directors.
The complaint alleges that in the month of April, 1927, defendants were directors of the Pickwick Spark Plug Co., a corporation, and at that time they incurred an indebtedness on behalf of the corporation in excess of its subscribed capital stock. This action was brought to enforce such liability.
It was defendants' contention in the court b...
Views: 0
Upon petition for rehearing the court’s attention is called to an inaccurate statement to the effect that a controversy between the defendant and Cruz “was conceded”. It appears that defendant did deny this dispute. It was, however, satisfactorily established. Alfred Gilder, the owner of the ranch upon which the homicide occurred, referred to the matter. This controversy was important only as tend...
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THE COURT.
The above action was brought by an incompetent, represented by his guardian, to recover the sum of $3,097.69, alleged to have been received by defendant for the use of plaintiff.
The plaintiff was adjudged to be incompetent on December 6, 1927, and letters of guardianship of his estate issued. The complaint alleged that two amounts were received by defendant, namely, $2,847.69 on June 1...
Views: 0
After trial before the Board of Medical Examiners upon charges of unprofessional conduct, plaintiff's certificate to practice medicine and surgery in this state was revoked, and subsequently she instituted this proceeding *Page 114
in the superior court for the purpose of annulling the order of revocation upon the ground that the accusation upon which it was based was legally insufficient to conf...
Views: 9
Appellant was accused by an information filed by the district attorney of Orange County, of the crime of grand theft. It was alleged that on or about the fourth day of September, 1930, he did wilfully, unlawfully and feloniously steal, take and carry away three 500-dollar "Straus" bonds of the value of $1500 in gold coin of the United States, the personal property of Mrs. Nellie F. Wagner. The cas...
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This is a suit for the specific performance of a contract for the sale of real estate or for damages in case spe...
Views: 7
The plaintiff in this action brought suit against the defendants for the specific performance of an *Page 85
option contract for the sale of real estate, with an alternative prayer for damages for violation of the contract. The defendant Adolph Levi filed a cross-complaint on the fifteenth day of May, 1928, alleging that the option contract was a contract for purchase and sale and that the cross-...
Views: 15
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On or about the hour of 10 o'clock P.M., on the thirtieth day of August, 1927, an automobile, driven by the defendant, collided with, ran over and seriously injured the plaintiff Winifred Cleveland. In this action the plaintiffs had judgment against the de...
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From a judgment in favor of defendants on a complaint filed on a promissory note plaintiff has appealed.
In 1917 plaintiff, then and now a resident of Iowa, sold a farm belonging to him to defendants, who were also residents of that state at the time. The latter gave plaintiff the promissory note sued on, in the sum of $12,000, secured by a mortgage on the farm, which was made subject to a first m...
Views: 3
This is an appeal from an order sustaining demurrer without leave to amend to the petition of contestant to revoke probate of the will of decedent, and from the judgment of dismissal entered pursuant thereto.
[1] The will of decedent was admitted to probate and letters testamentary issued on April 8, 1929. On that date, section 1327 of the Code of Civil Procedure provided that "any interested pers...
Views: 1
Appellant is the Superintendent of Banks of the state of California, and as such took possession of the property and business of the Farmers and Merchants Bank of Imperial on October 10, 1927. One of the assets of the bank which came into his possession was a promissory note dated February 2, 1926, in the principal sum of $1500, signed by Jack Kennedy and J.C. Sharp. The indorsements show interest...
Views: 5
The appellant, Henry C. Sargent, was charged by information filed by the district attorney of Napa County with four separate and distinct violations of section 288 of the Penal Code, committed upon four different boys. The jury acquitted him of the charge contained in the first three counts and convicted him of the charges contained in the fourth count. A motion for a new trial was made and denied...
Views: 1
This is an action in conversion to recover the value of certain oil-well machinery and equipment. At the trial of the cause the plaintiff presented its case, and at the conclusion thereof, defendants made a motion for a non-suit, which motion was granted. From the judgment based thereon this appeal is taken by the plaintiff. The facts involved in the controversy are these: The plaintiff sold on...
Views: 0
The alleged owner and the alleged operator of a taxicab, jointly, appeal from a judgment, based upon a verdict awarding a widow damages for her husband's death, caused by injuries received in a collision with such taxicab. The only testimony as to the accident is given by decedent's then companion, produced as a witness on behalf of respondent. He testified that, between the hours of 7 and 8 on Ch...
Views: 13
The plaintiffs commenced an action against the defendants to obtain a decree setting aside a purported homestead. From a judgment in favor of the plaintiffs the defendants have appealed.
To understand the points made by the respective parties it is necessary to briefly state chronologically the facts of the case. On April 24, 1924, the defendants owned the lot and the building thereon on which the...
Views: 5
The Stewart Fruit Company, one of the defendants in the above-entitled action, through E.G. Porter, receiver for said company, filed its cross-complaint against William C. Oakes and Mary Rose Oakes as cross-defendants seeking to foreclose a mortgage covering crops grown upon the premises of said cross-defendants. From a judgment in favor of cross-complainant decreeing foreclosure of said mortgage,...
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Plaintiff brought this action in San Mateo County to recover damages for the alleged breach of a contract to install a heating apparatus in an apartment house in Redwood City; and defendant appeared in the action by filing a demurrer to the complaint, and a motion for a change of venue to the county of Santa Clara based upon the ground that he was a resident of that county. At the time the matter ...
Views: 3
The grand jury of San Diego County returned an indictment against Martin Ingles, Gladys Ingles and Linda Armstrong, charging in eight separate counts the crimes of conspiracy to commit the crime of grand theft, and grand theft. The odd-numbered counts charged the crime of conspiracy to commit grand theft from four separate persons or sets of persons. The even-numbered counts charged the commission...
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This appeal is from a judgment against the defendants. The action grows out of a controversy between the original contractors and their sureties, as plaintiffs, against subcontractors and their surety, in the matter of the construction of an ocean front wal...
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The defendant was accused, in an information filed by the district attorney of Imperial County, of the crime of "Grand Theft, in that on or about the 1st day of November, 1930, in the County of Imperial, State of California, the said Frank Robertson unlawfully took the property of one J.C. Poe, consisting of nine hundred domestic fowls of the value of $1125.00." He was tried by the court sitting w...
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MEMORANDUM CASE.
THE COURT.
[1] It is the claim of the petitioner that the evidence is insufficient to support the order. The petitioner has presented no transcript of the testimony. The writ is denied under the authority of In re Rasmussen, 56 Cal.App. 368 [205 P. 72], and Brune v. Superior Court, 113 Cal.App. 21 [297 P. 566]. *Page 770
[EDITORS' NOTE: THIS PAGE IS BLANK...
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Defendant Moe appeals from a conviction under a charge of murdering Carlisle Lord and from an order of the trial court denying his motion for a new trial.
[1] One of the points made by appellant is that the evidence in the cause was insufficient to justify the verdict against him.
Before we proceed to a discussion of that question, let us recite portions of the evidence which do not bear directly ...
Views: 15
These two cases were tried together, as they involve exactly the same questions, both of fact and law. The actions were for damages and arose because of the running down of two children by a motor-truck. Judgment went for defendants, but the trial judge made an order granting a new trial. The defendants have appealed from this order. The new trial was granted by the trial judge upon the ground ...
Views: 5
From the completed record herein it appears that following the recovery of a judgment by plaintiff *Page 734
from the defendant, the giving by the former to the latter of a notice of its entry, and the issuance of an execution on such judgment, the defendant gave notice to the plaintiff of his intention to move for a new trial, which latter motion having duly come on for hearing, was by the court...
Views: 0
THE COURT.
An appeal by defendants United States Fire Insurance Company and North River Insurance Company from a judgment in favor of plaintiff in the sum of $1500.
The complaint alleged that on or about August 25, 1925, in consideration of a premium of $45, defendants issued a policy of insurance upon certain alfalfa hay owned by plaintiff for a term of six months; that during the policy period, ...
Views: 3
This is an action brought for the recovery of the possession of a Pierce Arrow automobile. The respondent had judgment in the court below and plaintiff has taken this appeal.
Prior to August 1, 1929, Max Jacobs was transacting the business of lending money to finance the sale and purchase of automobiles under the fictitious name of the Universal Finance Company. After the controversy here involved...
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The accident occurred at the intersection of two highways near Azusa in Los Angeles County. The defendant was driving a Cadillac automobile going west on Fifth Street, and William F. White, now deceased, was driving a Dodge automobile going south on Los Angeles Street. The plaintiff, as administrator of the decedent's estate, brought the action as permitted by statute, on behalf of the heirs at la...
Views: 5
The trial court, sitting without a jury, rendered a judgment in favor of the plaintiff, awarding him damages for injuries suffered in an automobile collision. The defendant appealed from the judgment.
The accident occurred at about 8 P.M. in the evening on September 5, 1929, on San Pablo Avenue, at a point a few feet south of Dartmouth Avenue safety station. The defendant was driving south and the...
Views: 8
The trial court sitting without a jury awarded plaintiff $600 damages on account of personal injuries suffered by him while riding as a passenger for hire in an automobile operated by defendant as a “jitney bus”, and defendant appeals, contending that the evidence is insufficient to sustain the trial court’s findings upon the issues of negligence and contributory negligence. It appears from the...
Views: 1
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A rehearing was granted herein for the purpose of giving further consideration to the point that the action of the trial court in granting respondent's motion for a directed verdict at the conclusion of the trial was justified by reason of the fact that t...
Views: 11
The plaintiff Earl Justin McCully, an attorney at law, brought this action against his former client, Jennie C. Gano, to recover the sum of $2,581.30 for professional services alleged to have been performed by him for her under a written contract.
The cause was tried by the court without a jury and resulted in a judgment in favor of the plaintiff for the sum of $700. From this judgment the defenda...
Views: 14
THE COURT.
The above action was brought to recover on a promissory note assigned to plaintiff corporation. The note with the indorsements thereon is in words and figures as follows:
"11,270.00 Oakland, California, "September 10, 1926.
"On or before February 1st, 1928, we jointly and severally promise to pay to the order of Mark R. Monze and Beach C. Soule, Jr., the s...
Views: 14
[1] Respondent has moved this court to dismiss such appeal upon the grounds of the failure of the appellants to perfect their appeal and file the necessary record on appeal as required by law. The record before us shows due service of the moving papers upon the attorney for the appellants, but he did not appear or resist the motion.
On the twentieth day of April, 1931, the appellants filed a notic...
Views: 0
Plaintiff was an employee of a firm which occupied a portion of the sixth floor of a building owned by defendant. On March 21, 1927, coming into the building on his way to work, he found, as he said, the elevator doors open, and the light being dim he stepped through the doors and fell into the basement, injuring himself. His employer was insured under the Workmen's Compensation, Insurance and Saf...
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We approve the conclusion reached by the trial court, that the defendants were released from their agreement to lease to plaintiff a portion of a building to be erected, because not the building contemplated but a different one was constructed, the change being due to causes over which the parties had no control. The agreement in question was written by C.H. Gibson, plaintiff's president, and by h...
Views: 1
The defendant appeals from a judgment on one of its policies. On June 12, 1926, one Joseph R. Paez applied for a policy of health and accident insurance of the defendant company. At the time the application was made he paid to the agent of the company $3, to be applied on the first premium, and on his death held a receipt issued by the agent therefor. On July 4, 1926, the said Joseph R. Paez was k...
Views: 8
On this appeal it must be assumed that the defendant was properly convicted of the crime of robbery, committed on the eighth day of August, 1930. No contention is made to the contrary. The questions raised by appellant relate to an alleged former conviction of burglary.
In the information it was alleged that before the commission of the offense charged the defendant, in the said Superior Court of ...
Views: 0
Plaintiff sought to recover damages from defendant for the alleged conversion of certain shares of stock. At the close of plaintiff's case, defendant's motion for nonsuit was granted. From the judgment thereupon entered in favor of defendant, plaintiff appeals.
This controversy arose out of the alleged wrongful action of defendant as pledge-holder in selling certain stock of plaintiff during the m...
Views: 1
The plaintiff commenced an action to obtain a judgment of declaratory relief. The defendants answered and the issues were tried before the court sitting without a jury. The trial court, made findings in favor of the plaintiff and from a judgment entered thereon the defendants have appealed and have brought up the judgment-roll.
The controversy between the parties arose over the proper interpretati...
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Plaintiff sued in equity to set aside a money judgment obtained by defendants herein against plaintiff and others in the municipal court. Plaintiff had judgment and the defendants appeal upon the judgment-roll.
For the purposes of this opinion it is sufficient to say that plaintiff bases his action on the allegations that the judgment was obtained against him by fraud and without service of summon...
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On October 5, 1923, the plaintiff entered into a contract with the defendant Coffey to sell him certain land located in Los Angeles County at an agreed price of $35,000. By the terms of the contract $15,000 was to be paid in cash upon delivery of a grant deed together with a certificate showing good title and the balance of the purchase price was to be secured by defendant by executing a second mo...
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THE COURT.
An appeal by defendant John R. Gregory from a judgment for plaintiff in an action for damages for personal injuries sustained by plaintiff when struck by defendant's automobile.
Defendant denied the alleged negligence, and as a separate defense...
Views: 12
This action was instituted by the plaintiff to foreclose a vendor's lien upon lot 7, block 1 of tract No. 5647 in the city of Beverly Hills, county of Los Angeles.
The record shows that the defendants Martin H. Mead, Theresa Mead and B.D. O'Niel defaulted, and that a separate judgment was entered against them. Execution thereafter issued and the interest of said defendants in the *Page 608
proper...
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This is an appeal by defendant Lewis from an order requiring the clerk of the superior court (Los Angeles) to enter only partial satisfaction of a judgment outstanding against appellant and other defendants, based on their joint tort. Appellant sought to have full satisfaction entered, contending that the judgment had been completely satisfied by the act of his co-defendants' *Page 604
counsel in...
Views: 0
The plaintiff sued to recover broker's commissions alleged to have been earned in negotiating an exchange of tracts of real estate in Los Angeles County. The defendant answered and the action was heard before the trial court sitting without a jury. The court made findings in favor of the defendant and from the judgment entered thereon the plaintiff has appealed. On the trial of the case the plaint...
Views: 2
The two plaintiffs sued separately for damages for personal injuries. By stipulation the causes were tried together before the same jury. The plaintiff Taylor had a verdict for $1,000; the plaintiff Goff a verdict for $3,000. The defendant has appealed on typewritten transcripts and, by order of court, these appeals have been heard jointly.
The two plaintiffs were guests of the defendant, who was ...
Views: 5
Plaintiff sought reimbursement from defendant in the sum of $2,155.70 for money paid out in settlement of a judgment and for necessary expenses incurred in the defense of an action brought by the lessee of certain premises after a wrongful eviction. From a judgment in favor of defendant plaintiff appeals.
The facts are not disputed and even as presented in the trial court the controversy involved ...
Views: 7
This is an appeal from a judgment for $10,000 for personal injuries entered pursuant to the verdict of a jury. The sole ground of appeal is that the verdict is excessive. [1] In passing upon such a claim we start with the settled rules that every conflict in the evidence must be resolved in favor of respondent (8 Cal. Jur. 837; Reneau v. Hirsch, 88 Cal.App. 1, 7 [262 P. 1100]), that every intendme...
Views: 0
Plaintiff sued to establish a trust and for an accounting. Demurrers to his amended complaint were sustained without leave to amend. Plaintiff then moved for leave to amend and tendered a proposed amendment. Leave was denied and judgment for defendants was entered. Plaintiff has appealed on a bill of exceptions.
The complaint alleged that on November 20, 1917, plaintiff, as legal owner, transferre...
Views: 7
Appeal from an order granting plaintiffs a new trial after verdict and judgment for defendants. Respondent Harris sued to recover for personal injuries alleged to have been negligently inflicted by defendants. Respondent Market Street Railway Company having paid compensation to Harris for his injuries under the Workmen's Compensation Act brought a separate action under the statutory subrogation. T...
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Action in claim and delivery. The property described in the complaint is an oil storage tank and a nonautomatic oil burner, together with pipes, valves and fittings necessary for the complete installation in a home. The complaint alleges that plaintiff agreed to sell the above-described equipment to one Lawton to be installed in the home of defendants which Lawton was erecting. Defendants deny tha...
Views: 2
Respondent is a corporation whose principal place of business is in the city of San Pedro, California, *Page 564
where it is engaged in the business of supplying gear, tackle and supplies to ocean-going boats. The defendants J.V. Giaconi, Mrs. K.M. Giaconi and Peter M. Hanson were the owners of the ocean-going motor boat Astorian, which was engaged in fishing along the Pacific Coast from Alaskan ...
Views: 0
This is an appeal from a judgment of nonsuit which was rendered against the plaintiff in an action for damages for personal injuries sustained as a result of alleged negligence.
The appeal is presented upon a purported bill of exceptions which was settled by the trial judge, over the objection of the defendants, fifteen months after the judgment was entered. The plaintiff failed to present his pro...
Views: 1
The defendant, the county assessor of the county of San Diego, was convicted on two counts of an indictment charging him with malfeasance in the use of public funds. The first of said counts charges that the said defendant did wilfully, unlawfully and feloniously use for purposes not authorized by law, public moneys in the amount of $21,599.69, which moneys were in his possession in his official c...
Views: 8
This action grew out of an automobile accident which occurred on E Street in the city of Coronado, *Page 546
California, on the ninth day of July, 1929. David Fitch was the owner and operator of an automobile in which Peter Cookson was riding as his guest at the time of the accident. The engine and chassis were those of a 1924 model T Ford. The remaining portions of the car had been obtained by F...
Views: 3
The defendant in this action appeals from a judgment on a bond which it issued to plaintiff. On February 25, 1927, defendant issued this bond indemnifying plaintiff against any loss it might sustain after February 9, 1927, by reason of any act of larceny or embezzlement by any of its employees set forth in the schedule attached thereto, of which the employee named in the complaint was one.
[1] On ...
Views: 0
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The plaintiff, Edith Magnuson, brought this action to recover damages for the death of her minor son, Kenneth Charles Harrison, charging that his death was caused by the negligent manner in which the defendant, City of Stockton, maintained in said city a ...
Views: 14
This is an appeal by plaintiff American Material Service Company, a corporation, from a judgment allowing priority of a deed of trust of defendant John R. McCoy and Title Guarantee and Trust Company over the mechanic's lien of plaintiff. The facts are briefly these:
Defendant L.O. Wallin, Fred W. Klein and Frances Klein owned a lot in the city of Los Angeles. During the early part of 1926 they com...
Views: 3
This is an appeal from an order purporting to grant a new trial after a previous order had been duly made and entered denying plaintiff's motion for a new trial. The appeal is presented to this court upon a bill of exceptions. It is contended the court was without jurisdiction to change its original order denying a new trial.
The plaintiff lost a hand in operating a drag-line excavating machine. I...
Views: 5
Plaintiff sued for damages for the death of her son, who was drowned while employed in the construction of a tunnel for the East Bay Municipal Utility District. The demurrer of the district was sustained and the cause went to trial before a jury, which returned a verdict against the defendant Smith Bros., Inc., for $7,500. This defendant has appealed under section 953a of the Code of Civil Procedu...
Views: 15
Action to recover damages for personal injuries alleged to have been sustained in a collision claimed to be due to defendant’s negligence. The injuries suffered consisted of the destruction of plaintiff’s automobile, medical services and loss of time. The answer and' amendment thereto denied the negligence charged and specifically alleged contributory negligence on the part of plaintiff. Upon the...
Views: 0
This action grew out of a written agreement between the parties hereto for the sale of a one-half interest *Page 514
in land in San Diego County, California, and a one-quarter interest in the minerals and oils therein, which contract was in words and figures as follows:
"March 21, 1927.
"This agreement entered into by and between J.H. Ratcliffe and L.A. Ratcliffe of Chula Vista, of the first part...
Views: 1
Prom the record herein it appears that defendant was a general contractor to whom plaintiff’s assignor (as a subcontractor) furnished labor and material on each of several different jobs, amounting in the aggregate to an ascertained balance of $2,320.22; that on each of three of such jobs a certain materialman from whom plaintiff’s assignor had purchased paint supplies which had been used on such...
Views: 0
These are actions for personal injuries consolidated for trial wherein judgments were entered for each plaintiff. The cases have likewise by stipulation been consolidated on appeal.
Defendant Prukop filed a cross-complaint against the plaintiff Noles wherein he claimed damages. During the trial plaintiffs deemed it material to establish the particular hospital to which defendant had been taken aft...
Views: 5
From the record herein it appears that one Scrimsher while working in the course of his employment received injuries (which later resulted fatally to him) from the negligent operation of a power shovel, which Scrimsher's employer, Oswald Brothers, had rented from the defendant Reliance Rock Company. On the trial of the action brought by the widow and guardian ad litem of the children of the deceas...
Views: 4
THE COURT.
This action was brought by plaintiffs to recover from defendant the sum of $2,500, alleged to be due under the terms of a certain written agreement. The case was tried by the court, without a jury, and judgment went for plaintiffs, as prayed. Defendant appeals.
On October 5, 1928, the plaintiffs as parties of the first part, and defendant as party of the second part, executed a certain ...
Views: 5
Plaintiff was the owner and operator of a clothes cleaning and pressing business which he conducted in a storeroom which was a part of a certain building to and for the use of which the defendant furnished steam for heating and other purposes. By means of a tunnel the steam was conveyed in an eight-inch pipe to a point beneath a basement of the building of which plaintiff's storeroom was a part an...
Views: 1
Plaintiff sued for separate maintenance. The defendant answered setting up a divorce from plaintiff in the courts of the Republic of Mexico. The trial court awarded plaintiff $75 a month and defendant appeals upon a bill of exceptions.
[1] Appellant insists that there is no evidence of his ability to pay the amount of the award. The only evidence found is that the appellant was without property, w...
Views: 12
THE COURT.
Plaintiff corporation, which has its principal place of business in Los Angeles, was at all times material to this case and until about January 25, 1926, a member of an unincorporated association of merchants known as the San Francisco Board of Trade (which will be hereinafter referred to as the board). For some time prior to the month of August, 1925, William R. Davis and Brother, Inc....
Views: 1
In this motion to dismiss the appeal from the judgment, the record shows that the judgment was entered on December 2, 1930; that the notice of intention to move for a new trial was filed on February 28, 1931, which motion was denied on March 31, 1931; and that the notice of appeal from the judgment was not filed until the twenty-seventh day of April, 1931. [1] It thus appears that considerably mor...
Views: 0
Defendant appeals from a judgment rendered against him in an action for damages for personal injuries.
The injuries sustained by plaintiff were the result of a collision between him personally and an automobile owned and operated by defendant at a time when defendant was backing his automobile a distance of twenty-six feet out of his private driveway across a public sidewalk on which plaintiff was...
Views: 4
In addition to the errors noted in the foregoing decision (Civ. No. 7869, ante, p. 447 [3 P.2d 22]) the appellant in this case complains of the application to him of the rule of imputed negligence.
[1] The facts upon which this defense rested are simple. This appellant and his deceased brother were ministers, the appellant located in the city of Lodi and the deceased in the city of Richmond. While...
Views: 13
Plaintiff sued for damages for the death of her adult son, Lester G. Wessling. The cause was tried with a jury, which returned a verdict for the defendant. From the judgment on the verdict plaintiff has appealed upon typewritten transcripts.
On July 1, 1926, at about 5:45 P.M. Albert and Lester Wessling left the latter's home in the city of Richmond in an automobile owned by Lester Wessling and hi...
Views: 8
Robert Marsh and Company, a corporation, gave its note, the subject of this action, to United Finance Company for $6,496.86 indorsed by Robert Marsh. This note was transferred before maturity to J.H. Scales, the president of the United Finance Company. Scales, individually, borrowed the sum of $3,500 from the Pacific National Bank giving his promissory note therefor and the $6,496.86 Marsh Company...
Views: 1
The petitioner has applied for a writ of prohibition to prohibit the Industrial Accident Commission from proceeding with the rehearing of his ease before said Commission upon the ground that the order granting the petition to reopen said case was made in violation of the requirements of section 20 (d) of the Workmen’s Compensation Act (Stats. 1917, p. 850), in that it was granted without notice t...
Views: 17
Appellant was found guilty of murder in the first degree and sentenced to life imprisonment. A large number of witnesses testified at the trial. The testimony on the part of the witnesses for the state tended to show that appellant was guilty of murder in the first degree. Testimony of witnesses for appellant substantiated his plea of self-defense.
The evidence discloses that appellant, with his f...
Views: 0
This is an appeal from a judgment covering two cases – Nos. 162,584 and 171,792 – which two cases were consolidated for trial and were tried together upon the same evidence.
The first of these actions was brought to recover on twenty-five promissory notes, the complaint alleging that the defendant for a valuable consideration waived any right which he (the respondent here) thereafter had to plead ...
Views: 4
Plaintiff sought to recover the sum of $1,000 deposited by his assignors with defendants as lessors *Page 418
under the terms of a lease. The cause was tried without a jury and from a judgment in favor of defendants, plaintiff appeals.
The lease, executed on May 1, 1926, by defendants and Michael McGuinn and Robert W. Lawton, plaintiff's assignors, was for a term of five years commencing July 1, ...
Views: 6
THE COURT.
An information was filed in the Superior Court of the City and County of San Francisco which charged one Leo Buckbee with the commission of a felony, to wit, burglary, and with a prior conviction of a felony in the state of Utah. Upon his arraignment in such cause Buckbee entered a plea of not guilty and denied having suffered a prior conviction. Subsequently on the day set for the tria...
Views: 12
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This is an action to secure a decree quieting title to real property and to cancel restrictions. In April, 1922, defendant C.W. Boden, the owner and entitled to possession of a tract of land situated in the city of Oakland, county of Alameda, subdivided t...
Views: 15
This action was brought by plaintiff to recover the sum of $3,000 alleged to have been had and received by defendants for the use and benefit of plaintiff. Motion for nonsuit was granted as to defendant Nakamura. At the time of trial, by a pleading called a "supplementary answer", Inoguchi not only admitted that he was indebted to plaintiff in the sum for which the action was brought, but as well ...
Views: 2
Respondent commenced his action to quiet title to an undivided one-half interest in lands in Imperial County, California, against the defendants and appellant. The defendants B.M. Davis, sued in the action as Robert Davis, and Annabell Davis appeared and answered. The defaults of all of the other defendants were entered, personal service of the summons and complaint being had upon *Page 753
appel...
Views: 0
This action was brought by the plaintiffs to quiet their title to some 287 lots adjoining Hollywood, in the city of Los Angeles. The entire dispute is between plaintiff Alice McGuigan and defendant and respondent J.D. Millar and, for convenience, we will hereafter refer to them as if they were the only parties. The plaintiff claims title to these lots under two grant deeds, in both of which a bank...
Views: 0
The defendant was charged in the first count of the information with the crime of forgery of a certain check or draft and in the second count thereof with the crime of issuing a check without sufficient funds. The check which is the basis of the charge contained in the second count is the same instrument which is charged to have been forged by the defendant in the first count. Included in the info...
Views: 10
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The above causes were consolidated for trial and are brought here on one record. The first cause mentioned was commenced for the purpose of having a deed, absolute in form, made and executed by the plaintiffs Vuilleumiers to the defendants Kelley declared...
Views: 3
This is an action in equity to reform a contract upon the ground of mutual mistake, and also for an accounting between the parties under the contract as reformed. Findings and judgment were made and entered, reforming the contract, and an accounting was had between the parties. Judgment was entered in favor of the plaintiff in the sum of $6,934.80, together with interest and costs of suit. The def...
Views: 2
This is an action to recover the sum of $12,383.31, alleged to be due plaintiffs as commissions on the sale of real estate. Judgment went for defendants, and plaintiffs appealed.
April 13, 1923, Andrew Glassell was the owner of fifty-eight acres of land near the city of Los Angeles, and desiring to subdivide the same into building lots, entered into a contract with E. T. Cleveland and M. E...
Views: 2
The defendant George Briggs was convicted by a jury of a violation of the provisions of section 288 of the Penal Code. He made a motion for a new trial. The motion was denied and from the order denying a new trial and from the judgment of conviction he prosecutes this appeal.
The complaining witness was Edith Eifert, a girl of thirteen years of age. She and her sister, Iola Eifert, aged twelve yea...
Views: 14
The petitioner suggests that there may be a misapprehension as to the fact as to whether the lease or the agreement for commission was executed first. We again call attention to the conflict in the evidence on this point, the failure of appellant's counsel to adopt the suggestion of the court to introduce the lease itself in evidence, and the rule that a finding of fact supported by the evidence a...
Views: 0
"Even though a court might be justified in granting a new trial it would not be justified in directing a verdict on the same evidence. (Estate of Caspar, 172 Cal. 147 [155 P. 631].) The power of the court in passing upon such motions is strictly limited. It has no power to weigh the evidence, but is bound to view it in the most favorable light in support of the verdict. The right of a court to dir...
Views: 0
This is a suit by Josephine Park Tearle for the sum of $9,932.50 admitted to be unpaid alimony awarded her under a decree of divorce in New York.
The cause was tried by the court sitting without a jury upon an agreed statement of facts. Judgment was ordered for the plaintiff and defendant appeals upon typewritten transcripts. Pending the appeal Mrs. Tearle died and her administrator has been duly ...
Views: 9
This appeal from a judgment on the pleadings, quieting respondent's title to certain real property presents for decision the sole question: Does the answer state a defense? If it does not, the judgment is correct. (Hamman v. Milne, 179 Cal. 634
[178 P. 523]; White v. Jacobs, 204 Cal. 334
[267 P. 1087].) A brief summary of the essential allegations of the complaint and answer suffices for a determi...
Views: 10
The respondent has filed a motion to dismiss the appeal in this action, upon the ground that the transcript was not filed within the time required.
From the certificate of the clerk of the superior court it appears that judgment in favor of the plaintiff was entered on December 4, 1930, from which judgment the defendant appealed on the eighth day of said month and filed a notice requesting prepara...
Views: 2
This action was tried before a jury. The plaintiff was awarded a judgment in the sum of $3,000 as damages for personal injuries sustained when an automobile operated by the defendants collided with an automobile driven by the plaintiff. The collision occurred on the *Page 685
twelfth day of July, 1926, at the intersection of Alvarado Street and Twelfth Street in the city of Los Angeles. From this...
Views: 2
This is an appeal from an order granting a new trial in an automobile casualty case. *Page 680
The respondent brought suit for damages for the negligent killing of her husband resulting from a collision of automobiles which occurred at an intersection of streets in Red Bluff. The jury rendered a verdict in favor of the defendant. A new trial was granted on the ground of insufficiency of the evide...
Views: 0
THE COURT.
This action was brought to recover damages alleged to have been suffered by plaintiff Clendenin by reason of injuries to his automobile, it being alleged that the damage was caused by the negligence of defendants Blase Brothers Co., a corporation; Robert F. Benson and Chester N. Weaver, individually and as copartners, and Noble Wheeler.
Plaintiff Hartford Fire Insurance Company alleged...
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This is an appeal taken by Alice M. Akers, mother of Damon Edwards, from an order of the Juvenile Court of Imperial County decreeing that said minor be and remain a ward of the Juvenile Court of Imperial County and that said child is an abandoned child, pursuant to the provisions of subdivision 1, section 15 of the Juvenile Court Law of the state of California and further adjudging and decreeing t...
Views: 6
In December, 1924, the defendants sold to the plaintiffs a going business in Hollywood, including certain fixtures, stock in trade, and a lease of a space in a public market. This lease was a sublease from a party who in turn had leased the property from the owner. This lease was assigned to the plaintiffs, who obtained the consent of the sublessor to the assignment. The defendants had previously ...
Views: 0
Petitioner was convicted by a jury in the Recorder's Court of the City of Fullerton, in Orange County, of the offense of selling gasoline which he falsely represented to be gasoline of a manufacturer, or producer other than the true manufacturer, or producer thereof and was sentenced to pay a fine of $75, and, in default of the payment thereof, to be confined in the county jail of said county at t...
Views: 4
This action was brought to recover damages arising out of a breach of an agreement to sell real property. The trial was had before a jury, and a verdict was rendered against appellant in the sum of $9,000. The verdict also contained a finding in favor of defendant J.H. Wiltsey. This appeal is taken from the judgment entered upon the verdict, and is prosecuted by defendant and appellant, Mary J. Wi...
Views: 3
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Plaintiff had judgment in this action against both the Town of Yreka City and County of Siskiyou, from which judgment the Town of Yreka City appeals.
The record shows that for some time prior to the sixth day of November, 1928, the appellant had maintaine...
Views: 18
Action for damages for personal injuries and property damage. This action is the result of a collision between the automobile driven by plaintiff and the one driven by the defendant. The collision occurred at the intersection of the Sacramento highway and Kettleman Lane in San Joaquin County. Plaintiff and defendant were both injured and both cars damaged. Each claims that the other was negligent ...
Views: 7
The defendants were charged with the crime of burglary and tried by a jury. This appeal is from the judgment following a verdict of guilty, and from an order denying a motion for a new trial.
It is admitted that the appellants entered the store of R.J. Wooten in the city of Bakersfield between 11 and 12 o'clock on the night of April 13, 1930, and took therefrom a safe, a number of tires and variou...
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As far as is pertinent to a decision of the instant appeal, it may be stated that the facts on which the judgment depends are that plaintiffs are the owners of a small cemetery located within a thinly populated portion of the City of Whittier; that the people of the city by direct vote adopted an ordinance by which it was declared that the burial of the dead within the city was dangerous to life a...
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On December 27, 1926, the J.E.K. Financial Service, Inc. (hereinafter called Financial Service), as principal, and the American Surety Company of New York, as surety, executed on behalf of said Financial Service a broker's bond as required by section 5 of the Corporate Securities Act as amended in the year 1925 (Stats. 1925, p. 967). The bond was executed for the calendar year 1927. During the per...
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The motion to dismiss the appeal in this case is based on the ground that the appellants have not filed their opening brief on such appeal and that the time provided for filing of appellants' brief herein has expired. The transcript was filed on the first day of August, 1931. The time for appellants to file their opening brief expired on the thirty-first day of August, 1931. Notice of presentation...
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Action for damages for personal injuries. The cause was tried before a jury and resulted in a verdict and judgment in favor of the plaintiff for the sum of $10,000.
A motion for a new trial was made principally upon the ground of newly discovered evidence. The motion was denied. From the judgment entered upon the verdict defendant Booth prosecutes this appeal.
Plaintiff was severely and permanentl...
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This is a rehearing in an appeal from a judgment for damages in the sum of $65,000 for the diversion of the water of Fall River, and from the issuing of an injunction prohibiting the defendant from using any of the water of that stream until the judgment is satisfied. This is a companion case with that of Merton Crum etal. v. Mt. Shasta Power Corp., (Civil No. 4264) ante, p. 586
*Page 613
[4 P.2...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
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The judgment, which plaintiff recovered in this action, was for the balance due on its contract to remodel a fashion shop, less deductions made because of the faulty quality of the work done. The bone of contention on this appeal is an item of $350 which was deducted because of the installation of imperfect mirrors. The court found that there were "twenty-six defective mirrors, which are valueless...
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Plaintiffs sued for an injunction restraining defendant from voting certain shares of stock of the Consumers' Salt Company during the pendency of an appeal from the judgment in an action entitled McAlvay v. Consumers' Salt Co., et al. The appeal in the latter action was finally determined by judgment of the District Court of Appeal entered March 9, 1931, affirming the judgment of the lower court, ...
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This is an application for a writ of mandate to compel the Superior Court of Fresno County to dismiss an appeal from a justice's court.
It appears from the stipulated facts that on February 6, 1928, an action was brought in the Justice's Court of the City of Fresno by the Fresno Investment Company, a corporation, against C.S. Chapman, the petitioner herein, to recover $173.85; that a trial was had...
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This is an action to revoke the probate of the will and codicils thereto of deceased, upon the grounds that the codicils in question were procured through the undue influence of Charles C. Ross and Sarah E. Ross, that the codicils in question were procured through the fraud of Charles C. Ross and Sarah E. Ross, and that the deceased was of unsound mind at the time of the execution of the codicils ...
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This is an appeal from a decree denying an injunction which was sought to prohibit the respondents from operating a mercantile business in the residence district of the City of Yuba City.
The respondents own lot 17 of Shasta tract in the City of Yuba City. This lot fronts 127 feet on Teegarden Avenue, and is 266 feet in depth. Prior to February 6, 1928, the respondents owned and operated a small g...
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The defendant appeals from a judgment rendered against it in an action for damages which arose from personal injuries which were sustained by plaintiff and which were occasioned by reason of a collision that occurred between a stage operated by the defendant and a truck on which plaintiff was a passenger.
The first point presented by appellant is to the effect that the evidence introduced by plain...
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The plaintiff is the appellant in this ease, having failed to convince the trial judge that the defendant caused her injuries by a sudden starting of one *560 of its cars as she was alighting. This was specified in her complaint as defendant’s negligent act, and the trial court specifically found that the car was standing still when she fell. The evidence in support of this finding preponderate...
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This is a petition for a writ of habeas corpus.
The petitioner is charged by a complaint filed in Montezuma township, Solano County, with the misdemeanor of catching striped bass by means of a net, in violation of section 628a of the Penal Code as amended...
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This is an original proceeding in mandamus. The facts are briefly these: On the second day of May, 1922, Henrietta de Bach Myers was, by an order of the Superior Court in and for the County of Sacramento, appointed administratrix of the estate of her deceased husband, L.W. Myers. Mrs. Myers duly qualified and continued to act as administratrix of her husband's estate until June 19, 1925, when she ...
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[1] We believe that appellant's petition that a homestead be selected and set apart for her use, that the exempt personal property be set aside for her use and that she be granted an allowance for her support should have been acted upon favorably. Appellant is the widow of the decedent whose estate is being administered. An inventory of the estate had been returned, fixing the value of the exempt ...
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This is an appeal by Clifford F. Reid, Inc., from a judgment entered after verdict of the jury against defendants Clifford F. Reid, Inc., a corporation, and E.D. Rosher, in an action to recover damages for injuries received by the plaintiff as the result of negligence of the defendants in the operation of an automobile. Defendant Rosher was the driver of the automobile at the time the plaintiff wa...
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Appellants, Smith and Hall, were jointly charged with having broken into two garages, stolen two automobiles and driven them without the consent of the owners. These accusations were embodied in six counts, two charging burglary, two grand theft and two alleging violations of section 146 of the California Vehicle Act. Appellant Smith was convicted on five counts, appellant Hall on three. Contrary ...
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Petition for writ of mandate.
It is claimed in the petition that the trial court erroneously made an order denying a motion of petitioner to dismiss a *Page 529
certain action, in which it was defendant, on the ground that plaintiff in such action had not brought the same to trial within five years after issue joined.
The action was commenced on January 6, 1926. On June 17, 1926, defendant, petit...
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[1] Knocked on her back in the street as she stepped from a street-car, confined by her injuries to bed for five weeks, unable to return to work for three more weeks, suffering, to the time of trial, a period of five months, with severe headaches, coming home from work with her back aching so all the time that she could not do her share of the housework, a fracture of the twelfth rib near its unio...
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Appellant was found guilty of robbery in the first degree: The evidence amply supports the finding. Close to 11 o’clock one evening, the evidence reveals, the home of the Blundons was entered by two men, unmasked, who, under the menace of revolvers, robbed the Blundons of #40 in cash, a radio and a bunch of keys. Both Mr. and Mrs. Blundon identified appellant, with positiveness, as the robber who...
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Defendants were accused by the district attorney of the city and county of San Francisco of a *Page 520
felony, to wit, conspiracy to commit robbery. Upon arraignment they pleaded not guilty. They were tried and convicted as charged in the information and sentenced to the state prison at San Quentin. [1] Oral notice of appeal was given, but defendants have failed to file a brief in support of the...
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The plaintiff was the wife of Jean Cazaurang for more than twenty years before he died on June 15, 1929. After his death, three purported last wills were offered for probate in the Superior Court of San Diego County. One dated April 25, 1928, was offered by this plaintiff; another dated March 5, 1929, was offered by Martin L. Haines; and a third, dated June 11, 1927, was offered by Marie Lees. Thi...
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The appeal herein is from an order vacating and setting aside the default of the defendant *Page 511
entered by the clerk – an order made before the entry of any judgment in the action. [1] Such an order, where it appears that no judgment has been entered upon the default, is not the subject of a separate appeal. It is in no sense an order made after judgment and is not one of the interlocutory o...
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Shortly prior to January 12, 1926, plaintiff, a woman seventy-five years of age, had certain dealings with defendants as the result of which she transferred to the defendant Sterling Corporation certain cash, bonds and other property in exchange for stock in said corporation. On January 12, 1926, she was adjudged an incompetent person *Page 509
and Walter F. Kogler was appointed as her guardian. ...
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The defendant herein is sheriff of the county of San Diego. During the year 1930 a good and valid writ of attachment was issued out of the superior court of that county in an action then pending therein, and acting thereunder the said sheriff attached a certain Buick automobile. Thereupon this plaintiff filed with the sheriff a written verified third party claim, demanding that the property be rel...
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In this case the plaintiff recovered judgment against the defendant in the sum of $12,000. Defendant appeals.
The case was tried before the court without a jury. It appears that on the twenty-second day of March, 1929, respondent was riding in an automobile driven by Leo J. Demers, her husband, proceeding in a westerly direction along San Miguel Avenue and while crossing the intersection of said a...
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Defendant M.W. Mason appeals from a judgment rendered against him.
Prior to December 1, 1928, appellant was a member of a partnership known as Mason's Dairy, the other member of which was appellant's brother, C.H. Mason. On the aforesaid date the partnership was indebted to the Spreckels Commercial Company, a corporation, of which respondent is the trustee in bankruptcy, in the sum of $3,146.27 fo...
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This is an action for forcible entry and unlawful detainer. The judgment restored possession to plaintiffs and awarded them $100 actual damages. Defendants appeal from the judgment.
The evidence shows that the house was constructed upon real property which appellants, respondents and other parties owned as tenants in common. This house was built by respondents in 1923, and they lived there until 1...
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This is an action brought to recover the sum of $939.84, which it is alleged was converted by defendant in his capacity as sheriff of Butte County. After trial by the court, judgment was entered against defendant in the amount named. The appeal is prosecuted from the judgment. *482 From the undisputed facts it appears that in an action brought in Santa Clara County, entitled “Roberts v. Blanc...
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We are of the opinion that appellant was properly found guilty of both perjury and subornation of perjury. Two depositions were taken in an action which had been brought, by appellant, against the Los Angeles Railway Co., for injuries alleged to have been inflicted upon him as he was pushing his stalled automobile away from the street-car tracks. In the first deposition, appellant himself testifie...
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Defendant appeals from a judgment which resulted from his conviction on each of two counts of the crime of robbery. He also appeals from the order by which his motion for a new trial was denied.
No point is made by appellant to the effect that the evidenc...
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Plaintiff brought this action against J. B. Triplett, since deceased, seeking an accounting. After the death of J. B. Triplett, his executors were substituted as defendants. From a judgment in favor of said defendants, plaintiff appeals. The complaint was drawn upon the theory that plaintiff and said J. B. Triplett had formed a partnership on September 10, 1925, for the purpose of the manufactu...
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Plaintiffs brought suit against defendant to recover the sum of $7,000, alleged to be due them for services as attorneys in a certain partition action. The amended and supplemental complaint contained two *Page 457
counts, the first in indebitatus assumpsit for the recovery of the amount, and the second alleged in substance an agreement with defendant employing plaintiffs as attorneys in said par...
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THE COURT.
The application alleges in substance that petitioners are copartners and residents of the state of New *Page 451
York; that in a certain action brought in this state against petitioners a summons was issued which, together with a copy of the complaint, was served on the commissioner of corporations; that said commissioner was not authorized to accept such service except in actions aris...
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The defendant, a married man, was tried and convicted of the offense of statutory rape committed upon the person of one Margaret McGregor, a female of the age of fifteen years, and not the wife of the defendant.
The information upon which the defendant wa...
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We are asked to free appellant from the effects of a conviction of perjury, because, technically expressed, the assignment of perjury was in solido and the proof failed to establish the falsity of the totality. Stated more plainly, the claim is, that because his testimony was averred to be contrary to the truth in two instances, set out conjunctively, and it developed that only in one instance had...
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In the Municipal Court of the City of Los Angeles plaintiff brought a personal action against the defendant for the sum of $515, for which amount he recovered judgment and which judgment, on appeal to the superior court, was affirmed. Thereupon the defendant took an appeal to this court from such latter judgment and plaintiff has presented his motion to dismiss the same.
It appears to be conceded ...
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The Commercial Building Co., a corporation, brought these actions to recover certain sums of money claimed to be due on agreements to purchase a number of shares of the capital stock of said corporation, and judgments were entered therein against the defendants, from which they have appealed.
[1] The permit issued by the corporation commissioner authorizing said corporation to sell its stock provi...
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So far as pertinent to our problem, the provisions of section 19 of the Improvement Act of 1911 are the following (effective in the year 1925): "Every contractor . . . to whom is awarded any contract for street work under this act, shall . . . file . . . a good and sufficient bond . . . to inure to the benefit of any and all persons . . . who perform labor on, or furnish materials to be used in sa...
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THE COURT.
An action by a real estate broker to recover a commission for services alleged to have been rendered in procuring a tenant for a building to be constructed by the defendant.
Plaintiff alleged that he was employed to procure a tenant for an apartment house which defendant agreed to erect, the term to be ten years and the rental $11.50 per room each month for the first five years, and $12...
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Plaintiff brought this action to establish a trust in his favor in certain real estate of which the National Surety Company claims to be the owner, for an accounting by the National Surety Company and the appointment of a receiver.
The National Surety Com...
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A dwelling on McKinley Street in Oakland was burglarized between the hours of 8 and 10:30 o'clock on the night of December 26, 1930, and a small amount of cash, two watches and a few articles of jewelry including a gold watch charm, representing a football, were stolen therefrom. Appellant was charged with the commission of the crime, and with two prior convictions of felony. He admitted the prior...
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Action upon a policy of insurance issued by defendant company which insured plaintiffs against loss by burglary, theft, larceny or robbery of any of the property covered by the policy. Plaintiffs sued upon the instrument to recover the value of a diamond pin containing fourteen diamonds, which they alleged was feloniously taken and stolen from their residence. Judgment was prayed for in the sum of...
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In this action for malpractice respondents recovered judgment against appellant, a dentist. *Page 406
The case was tried before a jury. In the course of the examination of respondent, Ethel Rising, she was asked by her counsel to relate a certain conversation with appellant. Over repeated objections of appellant's counsel the following testimony was given: "In regard to reimbursing us for the doc...
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Defendant appeals from a judgment for $1500 with interest from April 25, 1927. Respondent's assignor, L.F. Cowan, is an investment broker and financial counselor. Appellant in December, 1925, owned a substantial part of the capital stock of the Central Mendocino Power Company. Her holding consisted of an interest in a pool of 79,776 shares of common stock which was then held in escrow to secure th...
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Appellants were the owners of the leasehold and furnishings of the Ramona Hotel in San Francisco. Being desirous of disposing of these properties they entered into negotiations with respondents, who were real estate brokers. Respondents secured an offer f...
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The appellant prosecutes this appeal from a judgment, by the terms of which he was sentenced to state prison, after a verdict by a jury finding him guilty of the crimes of rape and of assault with intent to commit rape, committed in Fresno County, state of California, upon June Bell, a woman of the age of about twenty-one years and not his wife.
Appellant urges three grounds upon which he seeks a ...
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Appeal from judgment of dismissal entered upon the granting of defendant's motion for a nonsuit in an action to recover damages for negligence proximately causing personal injuries to plaintiff and the death of her husband. The questions presented are stated by appellant as follows: 1. If a husband is killed and his wife, while his passenger, suffers personal injuries in the same automobile collis...
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This cause is before us upon the petition of the above-named company to review an award made by the Industrial Accident Commission in favor of the respondent Dewey Littlejohn.
The question involved in this proceeding is whether the respondent Dewey Littlejohn was an employee or an independent contractor at the time he sustained the injuries resulting in the award just mentioned. *Page 370
The rec...
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In this matter petitioners seek to prohibit the superior court from proceeding with the trial of an action in which the petitioners are defendants and one I. Maurice Wormser, as receiver, and Bessie E. Arnold are plaintiffs.
It appears that in a suit for divorce pending in the Supreme Court of the state of New York, in which the said Bessie E. Arnold is the plaintiff and her husband Ray H. Arnold ...
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The action is one to quiet title. The defendants, other than K.G. Smith, are fictitious persons. Appearance was made by but one defendant, K.G. Smith, and the issues as joined were between this defendant and the plaintiffs. From a decree establishing titl...
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This is an appeal from an order denying motion for a new trial and from judgments of conviction on counts III, IV and V of grand jury indictment which contained five counts. Trial was had before the judge sitting without a jury. After 322 pages of the "brief" of the appellant, the most strongly emphasized points argued by appellant appear in the "conclusion" thereof, starting at *Page 336
page 32...
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The questions of primary interest in this case relate to a statutory restriction on testamentary gifts for charitable uses. Section 1313 of the Civil Code, as in force at the point of time to which this case relates, was as follows: "Restriction ondevise ...
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This matter came before the Superior Court of Los Angeles County on a petition in “quo warranto” wherein petitioner asked for a judgment that the City of Los Angeles was exercising jurisdiction without right over a certain district alleged to have been illegally, annexed to said city. The court found against all contentions of petitioner, whereupon petitioner appealed. Appellant contends that...
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In this action judgment in favor of the plaintiff was granted on the pleadings from which the defendant appeals upon a bill of exceptions.
The complaint was filed on the third day of October, 1930, and declares on two promissory notes. One of said notes is dated the thirteenth day of December, 1927, payable to E.D. Wilkinson, for the sum of $700, due 180 days after date thereof. The other note, fo...
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Respondent was injured on October 5, 1929, in an automobile collision between a Ford truck which he was driving and a passenger stage belonging to the Pickwick Stages System and driven by George Lowery as its servant. In the language of appellants, the accident occurred as follows: "The accident took place on the La Jolla boulevard, some distance north of San Diego, where Colima street intersects ...
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This appeal is taken from a judgment entered in favor of respondents after the sustaining of demurrers to appellant's second amended complaint without leave to amend. The Fox West Coast Theatres filed a general demurrer and the Guardian Western Company a general and special demurrer to the amended complaint. The second named respondent has not filed any brief on this appeal, but it is stipulated t...
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Plaintiff brought this action to foreclose a mechanic's lien growing out of a contract for the remodeling of a four-room cottage by adding thereto three rooms and thereby making it a seven-room cottage. Defendants Samuel W. Coffee and Audrey B. Coffee defaulted and judgment was rendered against them for the debt alone and judgment went for the other defendants to the effect that plaintiff had no l...
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This is an appeal from a judgment for the plaintiffs in an action brought to recover damages for alleged fraudulent misrepresentations and deceit in an executory contract of purchase and sale of real estate.
The defendants were husband and wife; the defendant Mary Luy deceased prior to trial and the action as against her was dismissed. The defendants were the owners of certain property located in ...
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This is an action to recover on an injunction bond. In a former action this plaintiff recovered a judgment against R. Samaha, which judgment became final. The sheriff having attached Samaha's bank account, held sufficient money to satisfy the judgment. Samaha brought an action in the Superior Court of Imperial County, numbered 12817, seeking to enjoin the sheriff from paying over this money in sat...
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Petition for a writ of mandate to require respondent to certify to the correctness of a certain transcript of proceedings had in an action in which this petitioner was defendant and one Roy H. Moore was plaintiff. It appears from the petition that in the action of Moore v. Specialty Oil Tool Co., a Corporation,
tried in the superior court, judgment was rendered against the defendant, this petition...
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On or about June 13, 1927, plaintiff recovered a judgment against the defendant, T.J. Harwell. On May 9, 1928, an execution was issued and a levy made upon the livestock described in plaintiff's complaint in the action now here on appeal. The defendant, Sue Harwell, *Page 281
filed a third party claim against which the plaintiff indemnified the sheriff. Thereupon Mrs. Harwell gave an undertaking ...
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This appeal involves three suits brought on three promissory notes, and, also, three suits brought to cancel the same three notes for alleged fraud, not in the procuring of the three notes sued upon, but in procuring other notes eventually taken up by the execution of the three notes sued upon.
The defense to the suit to cancel and rescind the notes is: First, that the holders took the same in due...
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This is an action to foreclose a mechanic's lien. The complaint alleges that defendants contracted in writing with plaintiff to have some painting and *Page 272
repair work done on property belonging to them; that plaintiff duly performed the work and furnished the necessary material in accordance with said contract; that the sum of $728 is due and owing it from defendants; that a claim of lien w...
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Upon three informations filed by the district attorney of Los Angeles County, charging the defendants with having unlawfully received stolen property of other persons, Kramer was found guilty by a jury, and Cox was convicted upon two of them. Each filed a motion for a new trial, both of which were denied, and their individual appeals from orders denying said motions, and from the judgments, were c...
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The appellant was found guilty by a jury of the crime of grand theft, a felony, and appealed from the judgment, entered accordingly. *Page 253
Witnesses who testified on behalf of the People swore that Foster represented to prospective purchasers of a place of business in Los Angeles County that the daily returns therefrom were remunerative and profitable; that he induced them to observe from a n...
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The plaintiff and appellant instituted this action against the respondent for the possession of an automobile or for its value. The defendant denied all of the allegations of the complaint and by affirmative answer alleged in himself ownership and the right to possession, praying judgment for the value of the property and damages for its detention by the plaintiff. Upon a trial by jury it develope...
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Petitioner and decedent intermarried in Chicago, Illinois, on the eighth day of February, 1912. He had known decedent and lived in her family a greater portion of the time for more than thirty-three years prior to the marriage. They took up their residence in California *Page 527
on November 1, 1923, and continued to reside in this state until the death of the decedent, which occurred on August 6...
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This is an appeal from the judgment entered in favor of the defendants. The litigation arose out of the following situation. On November 9th the predecessor in interest of the respondents entered into a contract with the Standard Oil Company for the sale of oil which the former was producing from a well in the Signal Hill field. The material provisions of that contract read as follows: “The first...
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Defendant appeals to this court from a judgment of conviction of the crime of robbery, and from an order by which his motion for a new trial was denied.
[1] Appellant frankly admits that the rulings by the trial court "on the introduction of evidence were fair", and that no error was committed by it either in the giving of instructions to the jury or in rejecting any of the instructions which were...
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THE COURT.
Respondent moved to dismiss the appeal from the judgment entered in the court below upon the ground that appellants did not file their proposed bill of exceptions or make service thereof within the period prescribed by law. The record shows that after the entry of judgment plaintiffs duly presented their motion for new trial, which motion was denied on June 26, 1930. It does not appear ...
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Defendant appeals to this court from a judgment of conviction of each of the crimes of burglary and receiving stolen property, as well as from an order by which his motion for a new trial was denied.
[1] As to the charge of burglary, it is not contended that the corpus delicti was not established; but appellant urges that the evidence was "insufficient to sustain the verdict" that he was guilty of...
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Defendant was convicted of the commission of the crime of grand theft. He appeals not only from the judgment, but also from the order denying his motion for a new trial.
[1] The first specification of error to which appellant directs attention is that the evidence adduced on the trial of the action was insufficient to support the verdict. In its nature the evidence presented by the prosecution was...
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The complaint in this action consists of three counts. The first is based upon a promissory note in the sum of $500; the second and third are based upon an agreed amount of rent due for a certain machine manufactured by plaintiff and delivered to defendant. There is no dispute as to the execution of the note nor is there any question that plaintiff manufactured the machine and delivered it to defe...
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Upon an information charging unlawful possession and operation of a still and other apparatus designed and used for the manufacture of intoxicating liquor by Ed Roberts and Floyd Roberts, they were found guilty by a jury, and the latter appealed from the judgment and from an order denying a motion for a new trial.
On or about July 12, 1930, one Stirdivant, the owner of premises in Los Angeles Coun...
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This action grew out of an automobile collision happening about 5 o'clock in the afternoon of December 31, 1927, at the corner of Cedar and Dale Streets in the city of San Diego. The case was tried before the court without a jury. A judgment was rendered in favor of respondent in the sum of $14,000.
Appellants present various grounds upon which they urge a reversal of the judgment. These may be co...
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The defendants, as alleged trustees for the plaintiff and respondent, were by her paid certain moneys which they agreed to invest in an incorporated trucking business of which they were directors. It was also alleged by the plaintiff that the defendant and appellant, D.A. Knapp, an attorney and counselor at law, was at the same time her legal adviser; that he promised large returns upon said inves...
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In this action the plaintiff seeks to recover $11,500 which he claims Marie Bruton Teeter was holding in trust for him. The plaintiff claims that he lived with Mrs. Teeter for some five years before her death, although they were never married, and that in September, 1927, he handed her $11,500 to keep for him. For some considerable time before her death Mrs. Teeter was running three hotels in Los ...
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The respondent, who is plaintiff herein, is special administratrix of the estate of Dora Thomson, deceased, who, in 1884, in the state of Illinois, was married to Morton W. Thomson, of whose estate the defendant and appellant is the administrator.
Dora Thomson inherited certain property from her father, from which she realized in 1910 the sum of about $21,060. About the year 1913 she realized by i...
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Appellant filed her complaint against respondent and under the allegations contained in two separate causes of action sought the recovery of $4,000. The allegations of the first cause of action were laid under a common count for money had and received. The allegations of the second cause of action were based upon the conversion of her money. Respondent filed an answer denying the material allegati...
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This is an original petition filed in this court seeking a writ of prohibition prohibiting respondents from *Page 455
setting for trial and trying a petition for distribution in the estate of Teodora Federico, also known as Teodora F. Valenzuela, deceased, and the contest thereto filed by petitioner as the executor of the last will and testament of Jesus Valenzuela, deceased.
The record before us...
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Upon the second trial of this action, based on the breach by the vendor of a contract to sell real estate, the parties stipulated "that the only question at issue before the court was whether or not the escrow instructions of the respective parties . . . constituted an agreement in writing legally sufficient to satisfy the Statute of Frauds (sec. 1973, subd. 5, Code Civ. Proc.)". The trial court w...
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Appellant was charged with the crime of grand theft, to wit: Stealing an automobile, in count one of the information, and with violation of section 146 of the California Vehicle Act, under a second count. The second count was dismissed but appellant was convicted under the first count by trial without a jury. From this judgment he appeals, assigning but one ground of appeal, to wit: The insufficie...
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This is an appeal from an order granting a family allowance to the widow of deceased. The appeal is taken by the residuary legatee under deceased's will, who is a daughter of the latter by a former marriage. No children were born of the second marriage. The appeal is based upon an antenuptial contract executed in the state of Iowa by the deceased and respondent, the material portions of which read...
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The plaintiff, believing that the judgment in his favor was for an inadequate sum, appealed, presenting as the record on appeal the judgment-roll alone. From the findings of fact we learn that the plaintiff was the holder of a note executed by J.S. and Della Jones in the amount of $1385. A trust deed secured this note, the trust deed being, by its terms, subject to a prior mortgage, which secured ...
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On terms and conditions set forth in a contract entered into between plaintiff and defendant, it was agreed that plaintiff would buy from defendant and defendant would sell to plaintiff a certain lot or parcel of land. Among the conditions which were stated in the contract were "Lot is B Zone. No setback, no fill, and no restrictions *Page 430
against building a four-story apartment house." In co...
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THE COURT.
On petition of plaintiff praying that the decision and order of this court, entered on June 17, 1931, (Cal.App.) 300 P. 979, be set aside, and that the judgment of the superior court be affirmed with modifications in accordance with the original decision rendered herein on May 20, 1931.
The said order of June 17th was made in response to a suggestion of counsel for defendants that the a...
Views: 1
The plaintiff, claiming to be the owner and entitled to the possession of a certain piano, brought this action to recover possession thereof. Judgment having been entered in favor of defendant, the plaintiff appeals therefrom.
The right of possession in plaintiff is based on a monthly installment note contract under which defendant agreed to pay $2,250. She was given credit thereon in the sum of $...
Views: 2
Defendant was accused by information of the crime of murder and the jury returned a verdict finding him guilty of manslaughter. From an order denying his motion for a new trial and from the judgment entered on said verdict he has appealed.
Appellant contends: (1) That the verdict is contrary to the evidence, (2) that there is no competent evidence to support the verdict, (3) that the court erred i...
Views: 0
This is an appeal from a judgment based upon a verdict rendered in response to the court’s order made in connection with an order granting proponents’ motion for a nonsuit. An examination of the evidence discloses the fact that there was not sufficient evidence to show mental incapacity to make a will either on August 7, 1923, or on January 23, 1924, at the time when the will and codicil were e...
Views: 0
This is an appeal by the executors from an order for family allowance, and from an order setting apart exempt personal property, and from an order setting apart a homestead, all in favor of the respondent, who is the widow of decedent. Said decedent died testate leaving an estate consisting entirely of separate property, which he devised to his children by a former marriage. By his will he specifi...
Views: 4
Andrew Scott, aged four years, was struck by an automobile driven by defendant on a public highway in Los Angeles city. By his guardian ad litem, Andrew brought suit to recover for the injuries he sustained, and in a separate action his mother sought reimbursement for the expenses she incurred because of his injuries. Pursuant to stipulation, the actions were consolidated and proceeded to trial. F...
Views: 1
The action is to enforce the statutory liability of defendant as a stockholder in a corporation known as The Luthy Company. For the purposes of the first branch of the case it may be conceded that plaintiff is a creditor and that defendant, save and except for the defense hereinafter to be discussed, was liable to plaintiff in an amount proportionate to defendant's share of the issued stock of the...
Views: 1
THE COURT.
On petition for writ of mandate to require that respondent court issue its citation in a proceeding wherein certain persons are accused of an alleged contempt in relation to orders contained in a judgment of respondent court. [1] This court being of the opinion that the act of the accused persons in serving and filing notice of intention to move the court to set for trial the action num...
Views: 1
The defendant was convicted of the crime of maintaining a nuisance, to wit, a place where alcoholic liquors are unlawfully kept for sale. The defendant moved for a new trial, which was denied. The appeal is from the order denying the motion for new trial, and also from the judgment of conviction.
[1] The first point made for reversal is that the court erred in its instructions on the subject of re...
Views: 1
The respondent was injured in a collision between his automobile and another machine in the county of Ventura. After trial by a jury, a verdict and judgment were rendered in his favor, and the defendants appealed from said judgment.
It was testified by the plaintiff that while riding on a curve in the public highway, in a northerly direction, he suddenly noticed the lights of a machine within a fe...
Views: 2
This appeal is from a judgment of nonsuit entered in an action to recover an attorney's fee for services rendered with relation to an industrial accident award, the amount sought being in addition to that found reasonable by the commission. From the reporter's transcript we note that at the conclusion of plaintiff's case on August 31, 1928, defendant moved for a nonsuit, to which the trial judge r...
Views: 8
The action is to recover damages claimed as a result of personal injuries and injury to personal property incurred as the result of an automobile accident. In the court below judgment went for the plaintiff and against both the defendants. The appeal is prosecuted by the defendant Washington. The question of negligence is not an issue on this appeal nor does the question of damages enter herein. T...
Views: 9
Motion by respondent for an order dismissing the appeal on the ground that appellants have failed to comply with the provisions of section 953c of the Code of Civil Procedure and rule VIII of the Rules of the Supreme Court and District Courts of Appeal. Appellants’ opening brief, the only one on file, sets out three points of alleged error. Point I is that the verdict is contrary to the evidenc...
Views: 0
Appeal by the defendant from a judgment in favor of plaintiff for damages alleged to have been sustained by her in the raising of a sidewalk freight elevator maintained in the basement of a building owned and operated by the corporation. There is no conflict in the evidence as to how the accident occurred, although there is as to the extent of the injuries. *Page 365
Defendant leased to the Louis...
Views: 4
This is an action to recover a certain sum of money alleged to be due plaintiff on account of services performed for the benefit of the defendant and at her instance and request. The complaint is in two counts. The first count alleges the execution of a contract under which the services were performed and which contract expressly provided the amount and terms of compensation. The second count is o...
Views: 8
This is an appeal from an order refusing to admit an alleged will to probate. W.O. Mitchell died on January 24, 1927, and Edwin Reed, public administrator of the county of San Diego, was appointed administrator of his estate on February 11, 1927. On *Page 349
January 13, 1928, Marie L. McCarthy filed in the same proceeding a petition to probate an alleged lost or destroyed will of the said W.O. M...
Views: 3
This is an appeal from a judgment in favor of the plaintiff based upon the verdict of a jury, in an action for damages for personal injuries. The plaintiff was struck by an automobile driven by the defendant, at a street intersection in the city of San Diego, just after he had alighted from a street-car in which he had been a passenger. He had taken but one or two steps away from the street-car to...
Views: 6
Action to recover damages. Plaintiff was injured by an automobile driven by defendant Allen. The National Automobile Insurance Company was joined as a defendant in the action as the employer of Allen. Both parties were served and Allen defaulted. Upon the close of plaintiff's case a nonsuit was granted as to the insurance company. Motion for a new trial was made and denied, from both of which orde...
Views: 2
In this action based upon the alleged conversion of personal property consisting of a certain oil-well drilling outfit and equipment, the jury rendered a verdict in favor of plaintiff for the sum of $8,250 and interest. Prom the judgment entered upon the verdict defendants appeal. The defendants Medina No. 1 and Medina No. 2 are unincorporated associations and the remaining defendants are indiv...
Views: 0
THE COURT.
The defendant was convicted in the Superior Court of Sacramento County of a felony, to wit: Attempt to commit robbery.
[1] The transcript on appeal was filed in this court May 15, 1931. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on July 1, 1931. No appearance was made for appellant at the time the case was called for ...
Views: 0
THE COURT.
The defendant was convicted in the Superior Court of San Joaquin County of a felony, to wit: Violation of "An act to regulate the sale, possession, distribution and use of habit-forming narcotic and other dangerous drugs and substances, and providing penalties for the violation thereof," approved May 4, 1929 (Stats. 1929, p. 380), and acts amendatory thereof.
[1] The transcript on appea...
Views: 0
THE COURT.
The defendant was convicted in the Superior Court of Merced County of a felony, to wit: Grand theft.
[1] The transcript on appeal was filed in this court May 26, 1931. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on July 1, 1931. No appearance was made for appellant at the time the case was called for hearing. Pursuant ...
Views: 4
A document probated as the last will and testament of Eliza Jane Jenkinson, deceased, was thereafter contested by the respondent and was adjudged null and void, and the order admitting the same to probate was revoked. The proponent appealed from said judgment.
Upon the original petition for probate the instrument in controversy was alleged to have been the olographic will of the decedent – entirel...
Views: 1
The appellants, a licensed relator and his surety, respectively, have appealed from a judgment rendered in favor of a purchaser of a leasehold estate. [1] They also appealed from orders denying a motion for a new trial, and a motion to vacate the judgment. The appeal from said orders being unauthorized by the statutes, it will be dismissed. (Chaplin v. Amador,93 Cal.App. 358 [269 P. 544].)
In resp...
Views: 0
From a judgment of conviction of the crime of manslaughter, and from an order by which his motion for a new trial was denied, appellant has appealed to this court.
The action was tried before the court without a jury, and the only specifications of error presented by appellant are that "the court erred in applying the law to the facts" and that "the verdict of the court is contrary to and against ...
Views: 8
This is an action for declaratory relief with respect to an oil and gas lease in the Signal Hill territory in Los Angeles County.
At the time of the execution of the lease in question no oil sand was known nor suspected to exist in that area at a greater depth than between four to five thousand feet and no oil drilling companies had had the courage at the time to make the necessarily large expendi...
Views: 6
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By indictment presented on the thirteenth day of March, 1930, the defendants were accused of the crime of exto...
Views: 23
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THE COURT.
The above action was brought by plaintiff, a minor, to recover damages for physical injuries alleged to have been caused by the negligent operation of an automobile by defendant Eva Harman. The complaint alleged also that the automobile was own...
Views: 13
In an action upon a contract in writing for the rental of personal property consisting of oil-well drill pipe, judgment was awarded the plaintiff, from which the defendant appealed.
[1] It is admitted that the plaintiff and respondent rented and delivered to the appellant certain piping for drilling purposes, that the same was so used, and that with *Page 276
slight exceptions it was returned to ...
Views: 3
The petitioner herein is the editor, publisher and manager of "The San Diego Herald," a newspaper printed and circulated in the city of San Diego. On the thirteenth day of March, 1930, this newspaper contained an article captioned as follows: *Page 273
"New Grand Jury is Sweet-scented Bunch of Hollyhocks Designed to `Protect' San Diego. Judge Andrews Picked Them But Could Have Added More. (By A.R...
Views: 0
In the above-entitled actions, tried together before a jury, each respondent recovered a judgment for injuries received in a collision between an automobile operated by Dorothy Sutton and in which F.N. Almstead was a passenger, and another automobile, owned by appellant and operated by a renter. [1] Appellant first contends that his demurrers to each complaint should have been sustained, because, ...
Views: 9
The operator of a public warehouse, engaged in warehousing, cleaning and storing grain for shippers, appeals from a judgment in favor of a common carrier for demurrage on cars consigned to such shippers in its care. This judgment is based upon the following agreement between the parties: "Being fully acquainted with the terms . . . of the average basis for settling for detention to cars as set for...
Views: 1
In the trial court the plaintiffs obtained a judgment awarding them damages for personal injury. Claiming to represent the defendant corporation, its insurance carrier took an appeal and has brought up typewritten transcripts. They were filed March 16, 1931. Thereafter the hearing of the appeal was regularly placed *Page 256
on the calendar of this court for its June term, 1931. When the hearing ...
Views: 0
The allegations of the amended complaint recite the following facts: That respondent was the duly appointed, qualified and acting administrator of the estate of Emily M. Whiting, deceased; that on or about February 8, 1929, letters of administration upon her estate were issued to defendant; that defendant caused a notice *Page 253
to creditors of said deceased to be published in the manner requir...
Views: 2
Page 633
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The controversy involved in this appeal arises out of the alleged breach of a joint adventure agreement relating to the purchase and sale of personal property. The complaint contains three causes of action, separately stated. The first is for the reasonab...
Views: 6
This action was brought to recover money paid by the plaintiff to A.V. Jedlick and Harry H. Heim as a preorganization subscription to the capital stock of a corporation. The action was dismissed as to John Doe and the Hawk Company. At the time the money was paid, the defendants gave to the plaintiff the following receipt:
"San Diego, California "April 6, 1925.
"Received of D.F. Rossi the sum of th...
Views: 5
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Action was brought by plaintiff against the defendant corporation and certain of its stockholders for the recovery of the reasonable value of services alleged to have been rendered as an income tax expert in resisting a claim of the government for additio...
Views: 0
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The plaintiff sued to recover on certain alleged guaranties. The trial court made findings in favor of defendants and from a judgment entered thereon the plaintiff has appealed.
On April 26, 1927, and for some time prior thereto the Fernwood Lumber Compan...
Views: 3
The plaintiff sued to recover damages for injuries caused to his flock of ewes by a dog alleged to be owned by the defendant and her son. The defendants answered and a trial was had before the court sitting without a jury. The court made findings in favor of the plaintiff and against the defendant Nellie A. Bennett, but in favor of her son. From a judgment entered on the findings the defendant has...
Views: 1
This is an appeal by plaintiff upon the judgment-roll, from a judgment in his favor for $653 and interest and costs. The controversy arises over the construction of a written contract for the purchase by defendant from plaintiff of certain parcels of real property, and the sole question for determination is whether or not in reckoning and determining the total purchase price at the rate per acre s...
Views: 0
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THE COURT.
The above action was for the recovery of damages for personal injuries alleged to have been caused by defendant's negligence.
The Market Street Railway Company maintains a double-track cable railway along Castro Street in San Francisco. On Sept...
Views: 10
Plaintiff appeals from a judgment of dismissal by the superior court after the demurrers of defendants to his amended complaint were sustained by said court, without leave to amend. *Page 188
Appellant makes no point of the refusal of permission to amend, and bases his appeal solely on the sufficiency of the complaint.
The action was instituted to recover damages arising from an alleged conspirac...
Views: 4
Two separate actions were brought to recover for personal injuries sustained by Marie F. Corcoran and Aleta Jennings, respectively, and these actions were consolidated for the purpose of trial. Judgment upon two verdicts for $30,000 each were entered and appeals by defendants from both judgments are presented on one transcript.
At the outset we deem it appropriate to state that appellants' brief c...
Views: 4
Respondents brought their action against appellants for $2,000 alleged to be due them as a real estate commission on an exchange of appellants' property effected through their agency. The answer of appellants denied generally the allegations of the complaint. It contained a special defense of fraud on the part of respondents in the execution of an agreement whereby appellants promised to pay them ...
Views: 12
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The present action was instituted to recover damages for personal injuries sustained in a collision between an automobile operated by plaintiff Martin Fugelsang and another automobile operated by defendant H.J. Steiner. Plaintiffs were minors and have pro...
Views: 1
Plaintiff sued as the surviving partner of the partnership known as "Daniel A. McColgan". The suit was upon a written contract for the payment of money. Plaintiff had judgment for $2,298.36. The defendant appeals upon typewritten transcripts.
In the month of May, 1919, defendant became involved in litigation over certain real property. Pending the litigation claims of certain creditors of defendan...
Views: 0
A demurrer having been sustained without leave to amend, the plaintiff appealed.
[1] The appellant was injured during the month of September, 1925, while in the employ of the respondent corporation, by an iron bar which fell from the hands of another employee who worked above him. Respondent Cheney, a physician and surgeon, about three years thereafter, examined appellant, pursuant to agreement an...
Views: 1
This is an appeal upon the judgment-roll from a judgment of dismissal of an action upon the sustaining of a demurrer to plaintiff's amended complaint without leave to amend. Said demurrer was sustained upon the ground that the plaintiff's cause of action is barred by section 340, subdivision 3 of the Code of Civil Procedure. The "amended complaint" is identical in terms with the original complaint...
Views: 2
On July 23d, respondents served and filed a memorandum, required by rule I of the Rules of the Superior Court, adopted by the Judicial Council, to set the above action at law for trial. The county clerk on August 16th notified both parties in writing that the case was on the "Civil Trial List", and would be called in the department of the presiding judge on August 22, at 2 P.M., at which time the ...
Views: 9
The trial court found that since the thirtieth day of May, 1913, the plaintiff has been the owner and in possession of a tract of five acres of land in the south half of lot 7, block 156, Rancho Diablo, in San Diego County; that during the month of February, 1928, defendant caused the portion of the highway known as Lincoln Avenue between the premises owned by the plaintiff and the intersection of...
Views: 8
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Plaintiff's amended complaint is based on an alleged contract with defendant whereby the former was to have been employed for a period of one year commencing January 18, 1925, as general manager of the latter's furniture manufacturing establishment and to...
Views: 13
The appellant instituted an action for damages against the respondents alleging that as owner and driver respectively of a truck and trailer, they negligently caused the fatal injury of his son. Judgment was entered in accordance with a verdict in favor of the defendants and the plaintiff appealed.
The respondent Kelly was driving a large truck to which was attached a trailer at a legal distance t...
Views: 10
By information filed in the county of Los Angeles the appellant was charged with having committed eight different burglaries. Upon a trial before the court, without a jury, he was found guilty of six of the offenses so charged, and appealed from an order denying a motion for a new trial and from the judgments.
[1] Certain personal property of various persons was found in Howard's possession, and u...
Views: 1
Upon a plea of guilty appellant was permitted to file an application for probation, which was denied, and he appealed upon oral notice following an unsuccessful attempt to obtain a modification of sentence.
[1] Said motion, and the ground of this appeal, arose from an alleged inadvertence in that he pleaded guilty to a violation of the California Vehicle Act but that judgment was entered upon a co...
Views: 1
This is an appeal by plaintiff E.A. Gammon from an order of nonsuit in an action brought by him against defendants F.W. Wales and R.E. Wales for damages for personal injuries.
The complaint alleges that on May 3, 1930, at about the hour of 7:30 P.M., plaintiff was driving and operating his automobile in an easterly direction, in a careful and prudent manner, along the public highway known as "H" S...
Views: 10
In this action, tried before a jury, a verdict was returned in favor of the defendant. Upon motion of counsel for the plaintiff a new trial was granted. The defendant appeals from this order.
The facts involved in this action are identical with those presented in the companion cases of Helen P. Bennett v.Central California Traction Co., ante, p. 1 [1 P.2d 47], and G.A. Schilling v. Central Califor...
Views: 5
Upon this appeal the plaintiff seeks to reverse a judgment, in disregard of' a mass of positive evidence which unquestionably warranted the findings in favor of the defendants below. Much substantial evidence upon which the findings of fact and judgment were based is overlooked by the appellant, and a reading of the testimony discloses that indispensable considerations which occupied the attentio...
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The contestant of the last will and testament of Maud Miller, deceased, appealed from an order and decree admitting the same to probate, and denying her petition for letters of administration. The decedent left an estate consisting in part of cash deposits in banks in joint accounts with respondents, who were her nieces, and other property. Within about one week after her demise a will was discove...
Views: 1
The defendant was convicted by a jury of the crime of possession of a still, a felony, and was sentenced to imprisonment at Folsom. He appeals from the judgment and from an order denying his motion for a new trial.
It appears from the evidence that on January 7, 1931, certain officers raided a house in San Bernardino, California, and found therein a still and coil which were still warm, a hydromet...
Views: 17
The present action was instituted by respondents to enforce delivery of a certain stock certificate No. 187 representing 948 shares of the preferred stock of the Tulare Lake Canal Company, a corporation, or in case delivery of said stock certificate should not be had, to recover the value of the shares of stock in said corporation represented by said stock certificate. Respondents' claim to the ow...
Views: 0
Admitting that its negligence caused the accident which resulted in injury to plaintiff, the defendant corporation seeks to escape the $3,000 judgment entered against it because of a $25 release which it secured from the plaintiff within an hour and a quarter after the accident. There is the expected conflict in the evidence, but the jury's acceptance of the plaintiff's version of the facts establ...
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This is an action based on a breach of promise to marry. A verdict in plaintiff's favor for $25,000 was by the trial court reduced to $15,000, but is still too high, appellant complains. No fault is found with the proceedings that led to the judgment except the giving of two instructions, the objection to them being not that they are wrong in themselves, but that they should not have been given in...
Views: 0
[1] Respondent, who was a seaman on a vessel flying the flag of and engaged in the merchant *Page 86
service of the United States, recovered in the Superior Court in and for the City and County of San Francisco, a judgment against appellant for an assault and battery committed upon him by the second mate of such vessel. After the time for appeal from such judgment had expired, appellant moved the...
Views: 0
To the first question asked by appellants of their first witness, respondents objected on the ground that the complaint as amended (hereinafter referred to as the complaint) did not state a cause of action. This objection was sustained and thereafter a judgment of dismissal was entered. The objection was, in effect, a general demurrer to the complaint. (Moore v. Douglas,132 Cal. 399 [64 P. 705].) ...
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Plaintiff appeals from a judgment in favor of defendants.
Upon conclusion of the trial of the issues herein presented, the court found that defendant Elizabeth Dyba was the owner of the real property, title to which is in dispute and that she owned it subject to a mortgage lien of E.A. Hill and to the lien of a deed of trust held by Mox, Inc., which the court found was subordinate to the mortgage ...
Views: 9
Appellants are the sister and the several nephews and nieces of the deceased. Respondents are seven orphan asylums of the city and county of San Francisco. This appeal is taken upon a bill of exceptions from that portion of the decree of final distribution which distributed the entire estate in equal shares to the seven respondents. *Page 64
The olographic will of the deceased, which was duly adm...
Views: 5
Claiming that the defendants held moneys which the plaintiff theretofore had duly attached, the plaintiff commenced this action to recover the same. The trial court made findings in favor of the defendants and from a judgment entered thereon the plaintiff has appealed.
On the fourth day of December, 1926, H.C. Groom and Mary L. Groom, his wife, borrowed from the San Mateo Savings Bank the sum of $...
Views: 0
This is an action by the father for damages for the death of his minor child eight years of age, occasioned by a collision between a delivery automobile *Page 52
of defendant corporation and the minor child of plaintiff. Said child was riding a scooter at the intersection of Dewey and Harrison Streets in the city of San Diego. The jury rendered a verdict in favor of the plaintiff and respondent i...
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This is a proceeding by mandamus by petitioner, as Justice of the Peace of Turlock Township, in Stanislaus County, to compel H.C. Keeley, as Auditor of said county, to draw a warrant in his favor and to compel Edward Whitmore, as Treasurer of said county, to pay the same, Kilroy, the petitioner, being hereafter referred to as the respondent and Whitmore and Keeley as the appellants.
Respondent was...
Views: 16
The defendants were charged by an information containing two counts with a violation of the provisions of the "Still Act" (Stats. 1927, p. 497). The first count charged the possession of a still and the second its operation. All the appellants above named, together with Mike Riley, were tried together before a jury. Frank Countryman was convicted of the possession of a still and Joe D. Countryman ...
Views: 11
In this action the plaintiff had judgment in the sum of $5,000 in an action brought to recover damages for the death of a minor daughter named Iva May Schilling. From this judgment the defendant appeals.
In most particulars this is a companion case with that ofHelen P. Bennett v. Central California Traction Co., aCorporation, heretofore decided by this court in an opinion filed on the thirteenth d...
Views: 10
This action arose out of a collision between plaintiff's automobile and defendant's truck. By his complaint plaintiff sought to recover for damage to his automobile and by its cross-complaint defendant sought to recover damages to its truck. Upon a trial by the court sitting without a jury, judgment was entered in favor of plaintiff and against defendant on both the complaint and cross-complaint a...
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Appeal from an order refusing to change place of trial.
The action was commenced in the city and county of San Francisco. Thereafter application for change of venue was made on the ground that none of the proper defendants in the action were residents of such city and county; that plaintiff had no actual cause of action against certain parties nominally named defendants and such defendants were jo...
Views: 1
Plaintiff is a corporation engaged in the subdivision and sale of tracts of land in Los Angeles County. In 1924 it laid out and subdivided a tract *Page 17
of hillside land north of Hollywood Boulevard in Hollywood, known as Tract 6472, in the official records of Los Angeles County. In the process of subdividing the tract into lots for residential purposes, certain excavations were made and terra...
Views: 1
The jury in this action awarded the plaintiff the sum of $47,000 as damages for injuries sustained by her when a street-car belonging to the defendant collided with an automobile in which the plaintiff was riding as a guest. The verdict was reduced to the sum of $25,000 by the trial court and judgment entered for that sum. From this judgment the defendant appeals.
The record shows that the collisi...
Views: 1
This is an appeal by defendant, Catherine Raftery, from a judgment in favor of plaintiff as special administratrix of the estate of John D. Siemers, deceased, adjudging plaintiff entitled to a certain savings bank account and determining that appellant Raftery has no interest therein. The undisputed facts established by the written records of The San Francisco Bank are that John D. Siemers in 1923...
Views: 9
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The beneficiary, named in a policy of accident insurance, received a verdict holding the insurer liable in the amount of the policy for her husband's death. From the judgment entered thereon, the latter appeals, urging as reasons for reversal: that a juro...
Views: 6
THE COURT.
Petition for writ of mandate.
It appears therefrom that on the twenty-fifth day of May, 1929, the city of Oakland brought an action of eminent domain against petitioner and other defendants as owners *Page 307
of certain real property which the city desired to acquire for certain purposes. On the same day the action was filed, the city of Oakland, through its attorney, presented an aff...
Views: 1
Plaintiffs sued for damages for breach of contract and for the return of money paid by them on the contract. Demurrers to the third amended complaint were sustained, the plaintiffs declined to amend, and judgment went for defendant. The plaintiffs appeal on the judgment-roll.
[1] The complaint was framed to plead four causes of action. The first alleged that the parties entered into a contract whe...
Views: 2
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One Al Millford was killed by appellant Fred Miller in a fistic encounter which took place in front of a pool-hall in the town of Chualar, Monterey County, shortly after 5 o'clock on the evening of October 3, 1930. As a result of the homicide, Miller was ...
Views: 18
The plaintiff had judgment against the defendant in an action for malicious prosecution, from which judgment the defendant appeals.
The record shows that on or about the fourteenth day of September, 1927, the plaintiff was arrested upon a complaint sworn to by the defendant charging her with stealing the sum of $152.05. The arrest was followed by a preliminary hearing, where the plaintiff was disc...
Views: 9
Pursuant to the issuance of a writ of habeas corpus herein, a return was filed by the respondent in which not only the facts set forth in the petition for the writ were controverted, but as well other facts were alleged which found ample support in the evidence taken in a proceeding in the juvenile court wherein the case of the minor child of petitioner was heard, and whose order in the premises i...
Views: 2
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A judgment in plaintiff's favor entered in the circuit court, Livingston County, Illinois, is made the basis of this action. From the new judgment rendered in a superior court of this state, the defendants appeal, insisting that the judgment sued on is vo...
Views: 2
Appeals were taken from the portion of a final decree of distribution which found all the estate to be community property, and from the order allowing a claim of respondent against the estate. The appellants are two sisters of the deceased who were beneficiaries under the will. James Gartland died November 30, 1927, leaving a will which read: “San Francisco, Feb. 23, 1926. This is my last will ...
Views: 2
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The defendant was charged with grand theft, it being alleged that he unlawfully took the property of C.M. Kenneson, consisting of six tons of raisins of the value of $300. He was tried before the court without a jury and found guilty. This appeal is from ...
Views: 0
Appellant was charged with the crime of wilfully, unlawfully and feloniously uttering and delivering a check drawn on the First National Bank of Covina, California, in the sum of $939.30, with intent to defraud William C. Keller, knowing that at the time he did not have sufficient funds in or credit with the bank to cover the check. The jury found appellant guilty as charged. The court overruled h...
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THE COURT.
In making the order denying the petition for writ of mandate, we relied upon the decision of this court in Anderson v.Superior Court, 103 Cal.App. 360 [284 P. 494]. In that case it was held that where an interlocutory decree of divorce did not in terms provide for and direct the payment of alimony, but merely referred to an agreement between the parties and purported to make same "a par...
Views: 11
Plaintiffs herein are husband and wife. They brought this action against several defendants to recover *Page 247
damages alleged to have resulted from injuries sustained by the wife. The trial court granted motions for nonsuit made by defendants L.B. Archer and Joseph Alva. The jury rendered a verdict for $10,000 in favor of plaintiffs and against the remaining defendants, from which judgment sai...
Views: 5
The defendants were charged by information containing two counts, with the crimes of robbery and burglary. Each defendant was charged also with a number of prior convictions of felony, Johnston with five, Dowding with three and Pimentel with four. They pleaded not guilty to the charges of robbery and burglary, admitted the prior convictions and were tried together. The jury found them guilty on bo...
Views: 10
A general and special demurrer of the respondents to the complaint having been sustained, the plaintiff declined to amend, whereupon judgment was entered accordingly. *Page 240
The portions of the complaint material to plaintiff's appeal consist of the following: "The defendant, Kathryn Lloyd, so negligently, carelessly and unlawfully operated and drove an automobile . . . that the automobile whi...
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Appeal from an order admitting a will to probate.
The testatrix died testate on October 3, 1928, in Alameda County, leaving an estate of the approximate value of $10,000. The surviving heirs are her five children, all of whom are parties to this action. The will was filed by Ann J. Finney, one of the daughters of the testatrix. Mae Talbot, Lottie Theakston, Rena Jolly and William Donovan, *Page 23...
Views: 15
The defendant was charged with having murdered his wife. He was tried before a jury and found guilty of murder in the second degree. This appeal is from the judgment and an order denying a motion for a new trial.
It is contended that the evidence is not sufficient to support the verdict. Appellant, however, mainly relies upon the contention that the court committed prejudicial error in admitting c...
Views: 15
Action to quiet title. Respondent Newell had judgment and the plaintiffs appeal.
[1] This action involves the sufficiency of a notice of sale for delinquent taxes, it being admitted that if the notice is insufficient, judgment should go for the plaintiffs; otherwise, for the defendant Newell. The notice involved is in the following words and figures, to wit:
"Now, therefore, I, W.O. Welch, tax col...
Views: 6
This is an appeal by plaintiffs from an order setting aside and vacating a default judgment.
On June 26, 1926, Nancy B. Clecak brought an action in the Superior Court of the City and County of San Francisco in the nature of a creditor's bill in equity against the plaintiffs and appellants in this action, in which she alleged *Page 209
that John A. Clecak was indebted to her in a sum of money grea...
Views: 4
Plaintiff sued for damages for personal injuries. The jury awarded him a verdict of $6,000, which the trial judge reduced to $3,500. The defendant appeals on typewritten transcripts.
Plaintiff was riding as the guest of Joe Kroizy, who was operating his automobile along the main highway from Tracy to Livermore in the midst of a heavy Sunday afternoon traffic. Defendant Johnson was operating her ca...
Views: 6
This is an appeal from a judgment enjoining the appellants from leasing certain tide lands and overflowed lands for the purpose of drilling for oil and gas thereon.
Respondent is a resident and taxpayer of the City of Los Angeles and the owner of real property in what was formerly the city of Venice, which property fronts on Santa Monica Bay. The City of Los Angeles is a municipal corporation orga...
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This is an appeal from an interlocutory decree of divorce and also from an order made after said decree had been made and entered.
The amended complaint states a cause of action for a divorce upon the ground of extreme cruelty. The defendant by her answer denied the allegations of cruelty and by a cross-complaint alleged facts sufficient to justify a divorce upon the same ground, but the only reli...
Views: 6
This is an appeal from an order denying appellant's motion to tax costs in an action of eminent domain. On May 14, 1929, the respondents gave notice that on the 20th they would move the trial court for an order dismissing the action and fixing the attorney's fees to be allowed the respondents on the ground that the action had been abandoned by the city and another action started "covering the same...
Views: 0
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Plaintiff recovered judgment against the two appealing defendants based on his claim that he had an overriding royalty interest in the oil which each of the defendants bought. Defendants and plaintiff trace their respective rights to the oil back to a com...
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THE COURT.
Action for money had and received.
The facts out of which the action arose are somewhat involved. On the tenth day of June, 1912, one of the plaintiffs herein, Emma Parker, obtained a judgment in San Francisco against her then husband Jack W. Parker in a divorce action, wherein she was awarded the sum of $40 per month for the support of herself and her minor child. Some thirteen years t...
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This cause is before us upon an appeal by the defendant from a judgment rendered in the trial court, construing and declaring the rights and duties of the parties to this action, as set forth in and dependent upon an instrument of conveyance executed by the defendant and his wife, and delivered to the plaintiff on the eleventh day of May, 1923. The last amended complaint, filed by the plaintiff in...
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Plaintiff appeals from an order of the superior court dissolving a writ of attachment theretofore made by said court.
The affidavit of appellant upon which the writ of attachment issued recites that respondents are indebted to appellant *Page 148
in the sum of $10,116.67 upon an express contract for the direct payment of money, to wit, payment of money due appellant from respondents according to ...
Views: 7
The plaintiff's complaint purports to state two causes of action which he describes as being "in assumpsit". The case went to trial on the second amended complaint under a stipulation that all allegations therein should be deemed to be denied without the filing of a written answer. The court made its findings of facts and entered judgment that the plaintiff take nothing. From this judgment the pla...
Views: 1
Plaintiff brought this action to recover damages for personal injuries sustained as the result of a collision between a cable car of the defendant Market Street Railway Company on which she was riding as a passenger and an automobile truck driven by the defendant Baumsteiger. The complaint charged that the injuries were proximately caused by the negligence of all of the defendants. Upon the trial ...
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The appellant was convicted of the crime of forgery, having previously admitted two prior convictions, and was sentenced to imprisonment in the state prison at Folsom. [1] The minutes of the court show that immediately after judgment was pronounced, the following occurred:
"Defendant, through his counsel, gave notice of appeal from the judgment of the Court to the Appellate Court of the State of C...
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If the evidence is sufficient to support the jury's implied finding that appellant Amarias was the driver of the automobile to which his co-defendant Griggs ran, after an unsuccessful attempt to rob the complaining witness, the judgment must be affirmed. We find it sufficient.
[1] The defendants were tried jointly on a charge of attempted robbery. From the evidence it appeared that the complaining...
Views: 16
The appellant corporation, of which the individual defendants were officers and directors, was the owner of the Egyptian Ball Room at Ocean Park, and under date of December 26, 1926, said corporation leased said ballroom to the plaintiffs, who conducted same from that date until July 17, 1927, sustaining a loss of $11,348.59. *Page 129
The complaint alleges that A.L. Gore, one of the individual d...
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THE COURT.
Motion to dismiss appeal.
[1] It appears from the record that the appellants have failed to present or file with the trial court a notice of intention to appeal, or to request the preparation of the transcript within the time allowed by law and that such time has expired. It further appears that the time for the institution of proceedings for the settlement of a bill of exceptions has e...
Views: 1
The plaintiff as an attorney at law commenced an action against the defendants to recover a *115 judgment for services rendered. He pleaded his claim in the form of a common count. The defendants answered and a trial was had before the trial court sitting without a jury. The court made findings in favor of the plaintiff and from the judgment entered thereon the defendants have appealed and have...
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A writ of certiorari was issued by this court directed to the Superior Court of Tulare County *Page 110
and J.A. Allen, as Judge thereof, requiring that court to certify a transcript of its proceedings and records in the case of Peoples Finance Thrift Company of Porterville, a corporation, Plaintiff, v. F.E. Maple, C.A. Dewey, Charles Foster and Roy R. Foster, Defendants. The latter action had b...
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This is an appeal from a judgment of nonsuit in an action against defendants, who are physicians and surgeons, for malpractice. On April 23, 1923, the plaintiff, a child of five years at the time, broke her arm at the elbow, that is to say, in the language of the physician, she suffered a fracture of the upper end of the ulna and a dislocation of the head of the radius, and was taken to respondent...
Views: 7
The appellants instituted an equitable proceeding, praying that a writ of mandate issue in the superior court requiring the Council of the City of Los Angeles to modify assessments of their properties abutting upon a certain highway, and that they be granted such relief as should be deemed just and equitable. A demurrer to their complaint was sustained, whereupon an amended complaint was filed, pr...
Views: 3
Defendant was charged by information with the crime of robbery, under two counts. The jury returned a verdict of guilty of robbery in the first degree on each count. A motion for new trial having been denied and judgments rendered on the verdicts, defendant appeals from the order denying said motion and from the judgments.
[1] Appellant does not contend that the evidence is insufficient to warrant...
Views: 20
Plaintiff, as administratrix of the estate of the deceased, brought this action upon an accident policy. Judgment upon the verdict was entered in favor of plaintiff upon a trial by jury, from which judgment defendant appeals. *Page 87
The policy, among other things, insured against death from bodily injuries effected through external, violent and accidental means "By the wrecking of any private p...
Views: 11
Plaintiff sought to recover damages for alleged malpractice. At the close of plaintiff's case the trial court granted a motion for nonsuit and from the judgment entered thereon plaintiff appeals.
Plaintiff was injured in San Francisco in February, 1926, when she fell and her elbow went through a glass door. She was treated by defendant, a surgeon in that city, but it appears that paralysis of her ...
Views: 4
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These two cases were consolidated for trial, and this appeal is prosecuted from a judgment in favor of the defendants in each case. Each is an action for damages for personal injuries. Some time around 11 o'clock on the night of March 3, 1928, the respecti...
Views: 2
Respondent instituted this action to recover for labor performed and for wares and merchandise sold and delivered to appellant between July 1, 1925, and February 1, 1926. Several causes of action based on the same accounts, and an account stated, were separately pleaded.
Appellant in his answer denied the existence of an account stated and denied the major portion of the indebtedness. In a...
Views: 1
The negligent driving of a Los Angeles County car by Deputy Sheriff Dunn, resulting in damage to the person and property of the plaintiff, was made the basis of this action against the sheriff and the sureties on his official bond. To the complaint, which attempted to set up two causes of action, a general demurrer, interposed by the sheriff and his sureties, was sustained. Plaintiff declined to a...
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The defendant Edmunds conducted a dental laboratory in the city of Los Angeles, where he manufactured false teeth, plates, etc., for dentists. Defendant Frederick W. Miner, nineteen years of age, had been employed by him for about a month to make deliveries on a motorcycle owned by Edmunds at the time of the accident which is the subject of this action. The father and mother of Miner, who signed t...
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This is an appeal on the judgment-roll alone. Plaintiff and appellant sued to quiet title to two parcels of land. The court found that for a long time prior to June 27, 1923, plaintiff and her husband, the defendant Albert Pepin, had been living separate and apart; that on June 27, 1923, plaintiff entered into two separate contracts with the Bank of Italy to purchase the parcels of land in questio...
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THE COURT.
Petition for writ of habeas corpus.
[1] Petitioner is in the custody of the sheriff of the city and county of San Francisco under a judgment finding him guilty of contempt of court in failing to comply with an order directing the payment of alimony. It appears from the petition that there was evidence taken upon the hearing, from which the reasonable inference may be drawn that petitio...
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The appellant was convicted by a jury of the crime of manslaughter. He was also charged with having driven an automobile while under the influence of liquor, and the information further alleged that he had previously served a sentence for a felony. Under instructions of the trial court the jury found him not guilty of the second offense. A motion for a new trial thereafter presented was denied. He...
Views: 5
Motion by respondents to recall remittitur and to strike therefrom the provision that "appellant recover his costs of appeal" and insert instead thereof the direction that "respondents recover their costs of appeal".
The judgment herein was on appeal (Delorey v. Board ofPublic Works, 110 Cal.App. 362 [194 P. 479]), modified by an instruction to the lower court to issue its mandate directing respon...
Views: 1
Following the decease of Maude Ganes, one Fannie O. Patterson, who claimed to be her daughter, petitioned the superior court for an order by which she would be appointed administratrix of the estate of said deceased; to which petition one Charles E. Patterson, as nominee of two nieces of said deceased, filed written objections. Later, by a separate instrument, the said Charles E. Patterson, as suc...
Views: 7
The above-entitled actions, though separate in record, as far as pleadings, findings and judgments appear, were consolidated for trial in the court below. On the appeal both actions are heard on one set of briefs and both involve identical points. There was, as indicated, but one trial and the issues involved in both cases are to be determined from the same evidence. The first action was institute...
Views: 1
An automobile driven by the appellant herein collided with another driven by respondent, who was by a jury awarded damages for injuries alleged to have been sustained by the latter. Motions for nonsuit, an instructed verdict in favor of the defendant, and for a new trial were denied. The defendant appealed from each of the orders denying said motions, and from the judgment.
[1] It has repeatedly b...
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Motion by respondent for an order dismissing the appeal on the ground that appellants have failed to comply with the provisions of section 953c of the Code of Civil Procedure and rule VIII of the Rules of the Supreme Court and District Courts of Appeal.
[1] This case grew out of the same occurrence as that involved in William Richard Irwin v. Pickwick Stages System,Incorporated, and R.I. Bailey (C...
Views: 0
Motion by respondent for an order dismissing the appeal on the ground that appellants have failed to comply with the provisions of section 953c of the Code of Civil Procedure and rule VIII of the Rules of the Supreme Court and District Courts of Appeal.
[1] This case grew out of the same occurrence as that involved in William Richard Irwin v. Pickwick Stages System,Incorporated, and R.I. Bailey (C...
Views: 1
Motion by respondent for an order dismissing the appeal on the ground that appellants have failed to comply with the provisions of section 953c of the Code of Civil Procedure and rule VIII of the Rules of the Supreme Court and District Courts of Appeal.
[1] This case grew out of the same occurrence as that involved in William Richard Irwin v. Pickwick Stages System,Incorporated, and R.I. Bailey (C...
Views: 0
MEMORANDUM CASES.
THE COURT.
The defendant in this case was jointly tried with Frank Countryman, J.D. Countryman and Lige Taylor.
The jury found him guilty of operating a still for the manufacture of intoxicating liquor for beverage purposes. A motion for a new trial was made and denied by the court. Judgment was imposed and a separate appeal taken.
[1] The points raised fo...
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The petitioner is the insurance carrier of the "San Francisco Chronicle," a daily newspaper. The state compensation insurance fund is the insurance carrier of the "San Francisco Examiner." John L. Du Grosse was employed by the "Examiner" to sell its newspapers on a designated street corner in the city and county of San Francisco. At the same time he was engaged in selling copies of the "San Franci...
Views: 5
This is an action to recover the par value of 8,500 shares of respondent's stock alleged to have been subscribed for by appellants and for which they failed and refused to reimburse the company.
The court found that respondent was a corporation duly organized and existing under the laws of the state of California; that on or about July 7, 1925, appellants, together with W.E. Knotts, F.W. Becker an...
Views: 0
This is an action for damages arising out of the sale of 8,500 shares of the capital stock of Coast Amusements, Inc., under circumstances more particularly described in this and in the companion case of Coast Amusements, Inc., v. F.L. Stineman
(Civil No. 860), post, p. 746 [2 P.2d 447]), this day decided.
Respondent and appellants entered into a written agreement to operate a place of amusement at...
Views: 3
This is an appeal from an order granting a motion for a new trial in a will contest where the jury found in favor of the proponent on the issue of incompetency. The order does not indicate that it was granted on account of the insufficiency of the testimony, and therefore under the provisions of section 657 of the Code of Civil Procedure we must indulge the presumption that the order was not b...
Views: 0
Plaintiff sued on a common count for money had and received in the sum of $1,015.20. The cause was tried without a jury. Judgment went for plaintiff against defendant Busby for $145, and for the other defendant for its costs. Plaintiff appeals upon typewritten transcripts.
On April 15, 1929, plaintiff sold to defendant Busby his leasehold interest together with the furnishings and equipment of cer...
Views: 1
Plaintiff sued as administrator of the estate of John Eckstrom, deceased, to recover upon a promissory note of $9,000. The cause was tried with a jury and defendant had a verdict. Plaintiff has appealed on typewritten transcripts.
When about sixty years of age John Eckstrom was divorced from his wife and moved to the home of the defendant, where he remained until his death, nine years later. Durin...
Views: 8
The defendant was charged with two separate crimes of forgery, as alleged in two counts of an information filed by the district attorney of Fresno County. The first count charges that on or about October 18, 1930, with the intent to defraud, the defendant falsely uttered, forged and passed a check, a copy of which is set forth, purporting to be a check on the Fresno Branch of the Bank of America, ...
Views: 0
Plaintiff Mrs. Dwyer was injured by collision with a street-car of respondent under circumstances which may be described in general terms as follows: At the corner of Seventh and Mateo Streets, in the city of Los Angeles, the route of travel for the street-cars of respondent makes a turn whereby north-bound cars on Mateo Street, when they reach said intersection, turn to the left and then travel w...
Views: 3
Defendant was accused by information of the crimes of rape and incest. The first four counts charged him with rape committed upon the person of a daughter then sixteen years of age, and counts 9 to 12, inclusive, charged the same acts as incest. Counts 5 to 8 charged defendant with rape committed upon the person of another daughter, of the age of fourteen years, all of said acts having occurred on...
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Defendant was convicted upon a charge of violating the provisions of section 288 of the Penal Code, denouncing the commission of lewd and lascivious acts upon the persons of children under the age of fourteen. Defendant’s victim was a girl nearly twelve years of age. He himself was forty-nine. The cause was tried without a jury. Defendant appeals from the judgment of conviction and from an order ...
Views: 0
Prior to June 1, 1926, plaintiff and defendant Fassel owned together a certain apiary and equipment pertaining thereto, located in San Bernardino County, also some honey and wax at the apiary and certain honey stored with the defendant A.L. Boyden *Page 699
Company in Los Angeles County. Apparently about that date plaintiff sold his half interest in the apiary, equipment, wax and honey to Fassel,...
Views: 3
Defendant was accused under two separate indictments of grand theft. The two indictments were consolidated. Trial was had and he was found guilty as charged in both indictments. Motion for a new trial was made and denied and this is an appeal from the order and judgment. The main point urged for a reversal is that the verdict is contrary to law and the evidence.
The first indictment charged that d...
Views: 12
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The defendant was jointly charged with one Clarence R. Wilson in an indictment returned by the grand jury of San Diego County with the violation of the Corporate Securities Act of the state of California. The indictment contained three counts. The materia...
Views: 12
The defendant was charged with the crime of making, drawing, uttering and delivering a check upon a bank without sufficient funds to meet the same, the information containing three counts. In the first count it is charged that the defendant on or about the fifteenth day of May, 1930, in the county of Fresno, committed a felony in that he, with intent to defraud Arthur R. Lindburg, Inc., a corporat...
Views: 0
The defendant insurance company issued to one Nettie E. Ratchford a policy of fire insurance covering certain property in Taft, California. The plaintiffs herein held a mortgage on the property, and a mortgage clause in their favor was attached to the policy. The insured property was destroyed by fire on February 7, 1928, while the policy was in force. Subsequently, Nettie E. Ratchford conveyed th...
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This is an appeal from an order of the superior court settling the second annual account and report of D.W. Carmichael, as executor of the last will of Sarah Mildred Jones, deceased.
The appeal is by the Independence Indemnity Company, the surety upon the official bond of Carmichael, as executor of the last will of decedent.
The facts are briefly these: Sarah Mildred Jones died testate on February...
Views: 1
On November 2, 1928, Mary B. Ehle made an olographic will as follows:
"November 2, 1928
"My Will
"I leave to Phoebe Boatright everything I have at my death and I appoint her Executrix without bonds.
"MARY B. EHLE "ARIETTA ESTELLE COFFIN "ORA LEE BOATRIGHT" *Page 658
Contestants, who are nieces and nephews and the heirs at law of testatrix, filed a contest against the probate of said will, allegin...
Views: 3
This is an action for money had and received. Defendant answered denying the allegations of the complaint and setting up the provisions of sections 337, subdivision 1, 338, subdivision 4, and 339, subdivision 1, of the Code of Civil Procedure in bar of the plaintiff's cause of action.
At the close of plaintiff's evidence defendant moved for a nonsuit, which the court did not pass upon until after ...
Views: 1
The complaint in this action purports to state two causes of action, each designed to recover on one of two policies of life insurance. We shall treat the controversy, in our discussion of it, as if there were but one cause of action, as the questions presented by the appeal are identical as to each of the two alleged causes.
Among other things it is alleged in the pleading of plaintiffs that Mary...
Views: 9
A motor-truck owned by the defendant National Ice Cream Company and driven by the defendant McCarthy collided with and overturned a Ford coupe owned and driven by plaintiff, at the intersection of Broderick and Lombard Streets in San Francisco, injuring plaintiff and Mrs. Ellen Murphy, who was riding with plaintiff at the time. Thereafter plaintiff brought this action for damages on account of the...
Views: 2
On the twenty-fifth day of June, 1929, deceased executed an olographic will, naming respondents as executors thereof. Her death occurred on November 3, 1929. Thereafter her will was duly probated. On August 20, 1930, respondents filed their first and final account.
On the eighth day of September, 1930, the court made an order settling the said account and decreed distribution of the estate. From t...
Views: 0
Respondents brought this action to recover from defendant $1323.50 upon written guaranty of appellant to pay same. Judgment went for respondents, from which appellant has appealed.
It appears from the evidence that respondents were copartners doing business under the name of the Star Plumbing Hardware Company, and on July 7, 1926, they entered into a contract with L.C. Adams to do the plumbing wo...
Views: 2
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This is an action to recover money paid for certain stock in a corporation, which stock was never delivered. The general situation leading up to the controversy is as follows: Thomas J. McLemore, a business man of large experience and considerable success...
Views: 3
Plaintiff Martha J. Lane brought this action against the defendants Walter H. McAlpine and Minnie M. McAlpine, his wife, to recover rental of a certain house used as a residence by said defendants in the city of Marysville.
The action was tried by the court without a jury and resulted in a judgment in favor of the plaintiff for $1,077 against both defendants. The judgment also provided that the se...
Views: 8
This is an appeal by the defendant H. Hamaguchi from a judgment entered against him upon a *Page 602
verdict of a jury in the sum of $3,750 in a case for personal injuries.
Plaintiff Birdene Wieck, a minor, and W.A. Wieck, her father brought this action for damages against defendants, William Hockett and H. Hamaguchi, charging that Birdene Wieck was severely and permanently injured by reason of t...
Views: 7
The main contention of the appellants on this appeal is that the evidence is not sufficient to support the judgment.
It is admitted that on the twenty-fifth day of April, 1927, defendant William F. Smiley was, by written instrument, appointed the trustee of plaintiff to receive for her certain money amounting to $8,500 from Orson L. Early, and that on or about the fifth day of August, 1927, the ap...
Views: 6
The plaintiff, Lutitia Smith, was kicked by a horse belonging to the defendants. She and her husband, William C. Smith, brought this action for damages. The cause was tried by the court without a jury, resulting in a judgment in favor of the plaintiffs for both special and general damages in the total sum of $1929.20. From this judgment the defendants prosecute this appeal.
Appellants, who are hus...
Views: 0
Defendant was convicted by a jury of the crime of assault with a deadly weapon. He appeals from the judgment and from an order of the trial court denying his motion for a new trial.
[1] Appellant contends that the court committed prejudicial error in permitting the witness Clayburn to testify, for the reason that said witness had remained in the courtroom during the progress of the trial after the...
Views: 15
This is an action based upon a bond issued by the appellant Indemnity Insurance Company of North America to the respondent whereby appellant bound itself to pay to the respondent "any direct financial loss, that it may sustain by reason of any act of larceny, embezzlement, theft or any other fraudulent or dishonest act, wrongful abstraction or wilful misapplication", committed during the term of t...
Views: 16
Plaintiff, assignee of a copartnership, filed his complaint on August 14, 1928, stating two causes of action against defendant corporation and others, the first for an indebtedness of $1,000 on an open book account for legal services rendered by plaintiff's assignor, and the second an account stated for the same services and amount. The defendant Monte Regio Corporation filed its answer and the ca...
Views: 6
This appeal is from an order, the effect of which was to determine that Irene Blackburn and Lulu B. Spurling had forfeited their right to the legacies provided in the will of Simon Houston Blackburn to be bequeathed . to them, by having filed objections to the appointment of one Grace B. Killough as one of the executrices of said will. Irene Blackburn who had been named in the will as one of th...
Views: 0
While walking across a street in San Francisco, plaintiff was struck and injured by a Ford delivery truck owned by the defendant Peoples Laundry Company and driven by its employee and co-defendant Tashiro; and subsequently he brought this action for damages against the owner and the driver, claiming that the accident was caused by the driver's negligence. Upon trial a jury rendered *Page 565
a ve...
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This appeal is prosecuted by appellant from a judgment against him pursuant to his conviction of the crime of manslaughter, and from an order denying his motion for new trial. Appellant was informed against by the district attorney of San Bernardino County. The information charged that on the fourteenth day of April, 1930, appellant did wilfully, unlawfully, feloniously and with malice aforetho...
Views: 0
The case above entitled was consolidated for trial with some twenty-five other cases involving the same property and the same questions. Pursuant to the stipulation of counsel the determination of this case concludes the others. In some of the cases the defendant above named was the plaintiff, with some of the individual plaintiffs in the remaining cases made defendants. The cases wherein the stat...
Views: 2
Appellant was convicted of the crime of robbery in the first degree. From the judgment pronounced upon him and from the order denying his motion for a new trial, he has prosecuted this appeal.
The information filed by the district attorney of Riverside County charged appellant with the crime of robbery accomplished by means of force or fear on the twenty-ninth day of December, 1930, and alleged a ...
Views: 13
By stipulation the appeals in these two actions have been submitted upon one set of briefs. The issues and findings in both cases are practically identical and it will only be necessary in this opinion to consider the appeal in the action numbered in this court 7694.
Appellant Woolner is the owner in fee of certain land upon which is located a producing oil-well. This well was originally leased by...
Views: 4
In 1925 appellant was the owner of a four-passenger cabin airplane of the biplane type. Respondent was engaged in producing moving pictures. In the fall of 1925 respondent was filming a picture known as "Partners Again", one of a "Potash and Perlmutter" series. The plot of the story included an act which involved an airplane and an automobile rushing toward each other at rapid speeds with the airp...
Views: 0
Motion by respondent to dismiss an appeal. [1] The motion is based on the ground that the appellant did not file its points and authorities within the time prescribed by the provisions of section 4 of rule I of the rules of this court. The transcript was filed on February 2, 1931. The time for appellant to file its opening brief expired, therefore, on March 4, 1931. Notice of the presentation of t...
Views: 0
This is an appeal by plaintiffs from a judgment in favor of defendant in an action for maliciously obtaining an injunction. The respondent Denivelle had been in the imitation travertine business in eastern states; about 1912 he became the supervisor of all artificial travertine work for the Panama Pacific International Exposition at San Francisco. At such time the appellants MacGruer and Simpson (...
Views: 6
The appeal in this case by the defendant A.B. Widney from a judgment against him in the sum of $4,356.90, including costs, involves the second cause of action in a complaint, which count is founded upon an account stated. It appears that for some time prior to December 19, 1923, the plaintiffs' assignor, A.L. Martin, had been employed as a real estate salesman by appellant, who was then doing busi...
Views: 0
Action for damages. The complaint alleges a cause of action for damages sustained by plaintiff to his automobile as a result of the truck of defendant company colliding with the same, while said truck was being operated by an employee of the defendant company. It is charged that the accident resulted solely by reason of the careless and negligent operation and control of the said truck. Briefly st...
Views: 1
This is an appeal from an order granting a new trial in an action for damages for personal injuries alleged to have been caused by negligence in the operation of an automobile. The answer, in addition to denying the allegations of the complaint, alleged contributory negligence. The jury brought in a verdict for the defendant and a motion for a new trial was argued and submitted and later granted. ...
Views: 5
The respondent, a minor of the age of about nine years, was injured by a truck of the appellant copartnership, which was being driven by appellant Swadener, while attempting to cross a public street in the city of Los Angeles. In an action by her guardian ad litem she was awarded judgment in the sum of $800, and the defendants appealed.
Respondent was walking with other children in an easterly dir...
Views: 2
The petitioner Herman W. Brune was adjudged guilty of contempt by the Superior Court for failure to pay certain sums of money for the support and maintenance of his wife and his minor child as directed by the terms of an interlocutory decree of divorce theretofore entered in the divorce action; and he seeks in this proceeding *Page 23
in certiorari to have the judgment of contempt annulled, it be...
Views: 1
This is an action brought to recover damages for injuries received in an automobile collision. The jury brought in a general verdict for plaintiff in the sum of $30,000, and also a verdict in favor of the husband of plaintiff in the sum of $4,829.11. Of the latter sum, $2,000 was for loss of his wife's services.
Two questions are presented upon this appeal. The first is that of excessive damages, ...
Views: 1
The defendant has appealed from a judgment rendered in favor of the plaintiff by the Superior Court of Orange County for damages, and has assigned as his principal ground for reversal an asserted insufficiency of evidence. *Page 14
[1] It was agreed that while driving an automobile in a southerly direction on West Street in the city of Anaheim, the defendant struck the plaintiff, who was walking...
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Plaintiff and one Rockhill were the owners of a certain motion picture theater in Los Angeles, together with the furniture, pictures, etc., used in connection therewith. Plaintiff was the owner of a promissory note in the sum of $10,000 secured by a chattel mortgage on all of the personal property in the theater. On July 20, 1926, plaintiff and Rockhill sold to one George Landers and his associate...
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The defendant was charged with grand theft by an information filed by the district attorney. He interposed two pleas, the one not guilty and the other not guilty by reason of insanity. This appeal is from the judgment pronounced upon the verdicts and from an order denying his motion for a new trial, but in fact only involves the trial upon the second plea of not guilty by reason of insanity.
[1] W...
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This action grew out of the same state of facts as the case ofFred C. Shurtleff v. B. Wynns et al. (Civil No. 500), ante,
p. 653 [300 P. 890], this day decided. This action was separately brought to recover for injuries sustained by the wife of Fred C. Shurtleff in the same automobile collision. The cases were tried at the same time. Although separate judgments were entered and separate appeals ta...
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This cause is before us upon an appeal by the defendant Snyder from that portion of the judgment against the defendants awarding the plaintiff the sum of $8,075, and is a companion case to that of Arthur B. Thomas, Plaintiff and Appellant, v. P.N. Snyderet al., Defendants and Respondents, ante, p. 397 [300 P. 117].
[1] The appeal is based upon the judgment-roll, and involves the same questions whi...
Views: 0
In this action to recover for personal injuries, the jury brought in a verdict in favor of the plaintiff for the sum of $40,000. Upon motion for new trial, plaintiff consented to a reduction of the judgment to the sum of $27,500. The motion for a new trial was thereupon denied and defendants appeal from the judgment in the reduced amount.
The accident happened between 8 and 9 o'clock on the evenin...
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The Mutual Building and Loan Association of Long Beach, a corporation, brought an action in the respondent court against petitioner and others to recover the sum of $31,264, and incidental thereto obtained a writ of attachment which it caused to be levied upon certain real and personal property including apartment-house *Page 743
furnishings. Petitioner moved to dissolve the attachment, but prior...
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The appellant by its attorney-general instituted in the county of Los Angeles a proceeding *Page 740
in quo warranto upon relation of certain citizens and taxpayers of the city of Azusa, a city of the sixth class, praying that respondents be required to show cause why they should occupy the office and exercise the powers of city trustees of said city, and that they be excluded from office as such...
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In an action in the Superior Court of Los Angeles County, petitioner having been convicted of the crime of grand theft and her motion for a new trial having been denied, she appealed to this court from such order. Thereafter, she having applied to the trial court for probation, on the day when such matter came on for hearing, and prior to the or any public announcement having been made by the judg...
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Appellant was convicted in the Superior Court of Tulare County of the offense of issuing checks drawn upon certain banks wherein he did not have on deposit sufficient funds to meet said checks upon their presentation. Judgment was pronounced on May 1, 1931, on which day appellant gave written notice that he appealed from the judgment. [1] The notice and application for a transcript of the phonogra...
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This is an appeal from an order granting a motion for a new trial in an action upon an insurance policy to enforce the refunding of money paid by the assured to satisfy a judgment against him which was recovered on account of an automobile casualty.
The d...
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Motion by respondent to dismiss an appeal. The motion is made on the ground that the appellant did not file with this court points and authorities within the time prescribed by the provisions of section 4 of rule I of the rules of this court. The transcript was filed on March 25, 1931. The time within which appellant was permitted to file her opening brief expired therefore on April 24, 1931. Noti...
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This is an action to quiet title. The complaint was filed August 29, 1927, and is in the usual form, alleging title in the plaintiff. Grace P. Warden and her husband, C.P. Warden, filed an answer denying the allegations of the complaint as to ownership in the plaintiff, and alleging title in Grace P. Warden. C.M. Peterson filed a separate answer denying the allegations of the complaint as to title...
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This is an action for damages to personal property and for personal injuries sustained in a collision between two automobiles at an intersection of two streets in Ocean Beach, San Diego County, on May 10, 1928. This case was tried before a jury, verdict was given in favor of the plaintiffs, judgment rendered thereon in the sum of $10,000 and from this judgment defendants appeal.
[1] The sole quest...
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This is an appeal from a writ of habeas corpus which was granted by the Superior Court of Sacramento County. The controversy involves certain prison credits which were deducted from the petitioner's term of imprisonment.
The petitioner was convicted of the offense of receiving stolen property and sentenced to Folsom State Prison. He was received in that institution June 27, 1925. His term was subs...
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Suit was brought by plaintiff against defendant for the recovery of certain sums of money claimed to be due under a contract dated December 31, 1921. From a judgment in plaintiff's favor defendant has appealed.
The evidence shows that plaintiff owned certain oil leases in the Signal Hill district, Long Beach, California, as well as in the Huntington Beach district. A contract was entered into with...
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This is an appeal from a judgment against the plaintiff in an action to establish a resulting trust in one-half of the property of the estate of said deceased. It is alleged that an oral agreement existed between the parties constituting a joint venture or partnership *Page 686
by the terms of which they were to share equally in the profits derived from buying and selling real property.
Alice E.A...
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A judgment was rendered in the Superior Court of Los Angeles County against the defendant for an alleged unpaid portion of insurance premiums on policies issued under the Workmen's Compensation, Insurance and Safety Act. The defendant appealed therefrom and thereafter a receiver of the plaintiff corporation was appointed, who continues the proceedings here. *Page 683
Commencing in October, 1924, ...
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Plaintiffs filed their complaint claiming damages against defendants for fraud alleged to have been perpetrated in the sale of certain stock of the California Consolidated Building
Investment Corporation, belonging to the defendants Richardi. The case was tried before the court without a jury upon the issues raised by the complaint and answer, as well as upon a cross-complaint filed by the defend...
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William Parker Winning, the appellee herein, a licensed dentist residing and practicing in the city of Fresno, petitioned the superior court of the county in which he resides for a writ ofcertiorari for the purpose of having reviewed the proceedings and j...
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This is an action for damages on account of personal injuries received by the plaintiff in a collision between two automobiles, which occurred in the city of Los Angeles on the thirtieth day of October, 1926. The plaintiff, who is a physician, was on his way to make a professional call and was riding, accompanied by his wife, in a Chandler sedan automobile owned by him and driven by his son Fred L...
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Two questions are presented for consideration upon this appeal, namely, Was the decree of distribution made in accordance with the terms of the will of deceased and was the court authorized to order the discontinuance of the family allowance? *Page 651
Deceased died on April 1, 1929, leaving as his heirs his widow, Maude M. Sayre, and a son, Burt G. Sayre. Prior to his death, on May 10, 1924, he ...
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The defendants appeal from a judgment rendered in favor of the plaintiff for restitution of certain real property in Los Angeles County, and for unpaid rents for the use thereof.
Each of the defendants was served with a thirty-day notice that the rental of said premises would be $1,000 per month, commencing October 18, 1928, which said notice was signed by counsel "for Grace B. Bobier". Having rem...
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In the Justice's Court of the Second Judicial Township of the County of Santa Barbara, in an action of Dr. Alfred Jacques against Mrs. C.W. Hayward, judgment was entered in favor of the plaintiff for the sum of $205.06 and costs. From that judgment the defendant appealed to the superior court. Thereafter plaintiff moved for dismissal of the appeal on the ground that there was no proper record ther...
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THE COURT.
This action is one upon a promissory note. From a judgment in favor of the plaintiff against all of the defendants, the defendant Russell prosecutes this appeal.
It is conceded by the appellant that he executed the note as a principal obligor; ...
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This is an action to quiet title to the southeast quarter of section 34 of township 11 south, range 13 east, San Bernardino base and meridian, in Imperial County, California.
Sarah F. Donley, the original plaintiff, died during the pendency of this action and appellant was substituted in her place and stead. Appellant deraigns title through a United States patent issued to Mrs. Donley to above des...
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Appellant claimed ownership of the southwest quarter of section 18, township 11 south, range 14 east, San Bernardino base and meridian, in Imperial County, California. She deraigned title through Sarah F. Donley, who claimed under a United States patent dated August 9, 1916. Some years prior to this date the respondent Van Horn went into possession of this property and made valuable improvements t...
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This is an action to quiet title to lots 5 and 6 and the east half of the southwest quarter of section 18 in township 11 south, range 14 east, San Bernardino base and meridian, in Imperial County, California.
The original complaint was filed by Sarah F. Donley on February 1, 1917. She died on March 12, 1923, and appellant *Page 631
was substituted in her place and stead as plaintiff in the action...
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This is an appeal from a judgment for damages for injury to the property of the plaintiffs situated in Los Angeles resulting from the destruction of a building, fence and trees and the dumping of a large quantity of dirt and rocks thereon.
The plaintiffs own a large lot consisting of an acre and a half of land in Los Angeles fronting on Pasadena Avenue and bounded on the east by Sycamore Grove Par...
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This appeal by plaintiff is from a judgment rendered by the superior court against him and in favor of defendant Blumenthal on a claim made by plaintiff against defendant for architect’s fees under the terms of a written contract between “Kenneth MacDonald, Jr. (hereinafter called the ‘Architect’), and A. C. Blumenthal, as agent for Frank Case, of New York City (hereinafter called the ‘Owner’).” ...
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THE COURT.
Plaintiffs, who are husband and wife, brought this action to recover for injuries sustained by Rita...
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Appellant was the owner of a tract of land in Los Angeles County which he desired to sell for $225,000. It was subject to the lien of a local improvement assessment in the sum of $2,870.48. Respondent and W.V. Young, his assignor, were real estate brokers duly licensed by the state of California.
Early in February, 1926, appellant came in contact with respondent and expressed a desire to sell his ...
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Appellants, who are the plaintiffs, seek to foreclose two mortgages, each for the principal sum of $2,250 with interest, together with some small amounts paid by them on street improvements bonds. The mortgages were executed by the defendants and respondents as part of a transaction wherein the latter exchanged twenty acres of vineyard land near Orosi, in Tulare County, where they had resided for ...
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This is an action to quiet title to certain real property situated in Los Angeles County. The defendant Evelyn Chamberlain, who is the mother of the plaintiff Merle E. Chamberlain, conveyed this property to him by a grant deed dated June 30, 1927, and recorded on September 6, 1927. On August 29, 1927, defendants Kurz held a promissory note for $700, signed by defendant Evelyn Chamberlain. On that ...
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Defendant appeals from an order returning this case from Los Angeles County to Fresno County for the convenience of witnesses. The action was commenced in Fresno County, but for reasons not appearing in the record was tranferred to Los Angeles County. We are of the opinion that an insufficient showing was made to warrant the order sending the case back to Fresno County. The affidavit filed in supp...
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Plaintiff seeks a reversal of the judgment, by which he was denied all relief, on the ground that the findings are contrary to and not supported by the evidence. We find his position well taken.
The action is based upon a contract between defendants (copartners) and plaintiff, in which it is recited that the plaintiff had been working for some time in defendant's employ in the development of a cig...
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In this action plaintiffs seek to recover damages from the City of Hawthorne because of the *Page 581
negligent operation of a motorcycle by a police officer of the city while acting within the course and scope of his employment. It his opening statement before the jury plaintiff spoke of the operator of the motorcycle as a "motorcycle policeman". A motion for judgment on the pleadings was thereu...
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The plaintiff commenced an action to recover damages for personal injury. The defendant 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 the judgment entered thereon the defendant has appealed and has brought up a bill of exceptions.
At about half-past 9 in the evening on the ninth day of March, 1930, the plaint...
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Plaintiff commenced an action against the defendant to recover a certain fund in the sum of $25,000. From a judgment in favor of the plaintiff the defendant has appealed.
Stephens Company was a corporation transacting a stock-broker's business in San Fra...
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By procedure in due course, a summary judgment was entered in the superior court in accordance with the terms of a forfeited bail bond, which had been given in the Municipal Court of the city of Los Angeles in a criminal action. Thereafter the defendant Pacific Indemnity Company, against whom the summary judgment had been entered, presented to the superior court a motion to set aside the judgment....
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Petitioner was charged with the crime of unlawful possession of intoxicating liquor. He was duly arraigned in the Justice's Court of Fullerton township, Orange County, California, and entered a plea of not guilty of the charge. He was thereafter tried before a jury in said justice's court and found guilty. During the trial of the case three witnesses testified that the intoxicating liquor was foun...
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This is an appeal from an order denying a petition for the probate of an alleged will. The instrument, the probate of which was refused on the ground that the document was not signed by the deceased, reads as follows:
"3714 5th Ave., San Diego, California, April 9, 29. That I Lovina Bauman, on this date April 9th 1929, desire my wishes herein executed as stated, after my death notify my Cousin J.H...
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This is an appeal from a judgment in a suit for unlawful conversion of certain stocks and bonds of the value of $19,000, and for the cancellation of a promissory note which is unlawfully retained by the appellants.
The defendant Jacobs owns and operates a brokerage business at Los Angeles under the fictitious name of U.S. Bond Mortgage Company. The defendant Leach was the business manager of this...
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Upon a trial by jury plaintiff had judgment against defendant for personal injuries sustained in an automobile accident. Defendant appeals from the judgment.
Defendant is the adult son of plaintiff. Plaintiff resided at Richmond with her husband, who was ...
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Plaintiff and appellant Aleta Jennings recovered judgment for $30,000 and costs for personal injuries caused by the operation of a certain automobile against defendants Ward and Sweeney. An appeal was taken from such judgment and is now pending and no stay bond was furnished on such appeal. *Page 537
Appellant Jennings caused execution to be issued against Ward and Sweeney, which was returned uns...
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The defendant was accused by an information filed in the Superior Court of Nevada County of the crime of assault with a deadly weapon with intent to commit murder alleged to have been committed on or about the ninth day of July, 1930, upon the person of one Bob Pini. The defendant entered a plea of not guilty and upon the issue thus raised the cause was tried with a jury, which returned a verdict ...
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Defendant was accused of robbery by an information containing two counts. On October 30, 1930, he appeared before the superior court for plea without counsel, and, standing mute, a plea of "not guilty" was ordered entered as to each count. On December 9th he appeared with the public defender as counsel *Page 524
and entered an additional plea of "not guilty by reason of insanity" to each count. T...
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Plaintiff recovered judgment against the defendant city on a contract entered into between the city and one George A. Schwabland, a civil engineer, the rewards of which were by Schwabland assigned to plaintiff. The appellant city seeks a reversal of the j...
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This action involves the interpretation of a contract. It appears from the record that the plaintiff and the defendant were at one time married and that the issue of said marriage was a daughter named Leonora M. Gross. The plaintiff and defendant were divorced and thereafter by a contract in writing dated September 28, 1922, undertook to settle their property rights. The controversy now before thi...
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This is an appeal from that portion of a judgment which was rendered in favor of the defendant Seth Marshall, in an action for the reasonable value of the services of an architect. It is contended the defendant Seth Marshall is personally liable for the obligation as a promoter of the corporation.
The Arrowhead Springs Company is a duly organized corporation. It owns a large tract of land in Cold ...
Views: 3
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THE COURT.
Shortly after the noon hour on August 1, 1927, a truck owned by the defendant National Ice Cream Company and driven by the defendant Florence McCarthy collided with a Ford coupe owned and driven by Mrs. Letitia Howard, at the intersection of Lo...
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Page 851
This is an appeal from a portion of a judgment denying plaintiffs and appellants recovery on the first count of their complaint by which they sought to recover $2,025 as rent. Respondent, League of the Cross of the Archdiocese of San Francisco, Incorporated, was the tenant in possession of appellants' building and the other respondents are sued as stockholders of such tenant for their proportionat...
Views: 8
The defendant and appellant was found guilty of the crime of manslaughter. Upon appeal, the judgment was affirmed by this court (People v. Black, 111 Cal.App. 90 [295 P. 87]), and a petition for a hearing in the Supreme Court was denied. Theremittitur was issued February 16, 1931. On February 21, 1931, the appellant filed in the superior court a "Notice of Motion to Vacate and Set Aside Judgment. ...
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Plaintiff filed her action in the court below for divorce on the grounds of cruelty. She sought the custody of the two minor children of the parties, a daughter, Eileen, of the age of about six years, and a son, David, of the age of about three years, and asked for a division of the community property and for alimony and money with which to support the minor children. Defendant filed a cross-compl...
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This action was brought by the plaintiff Damiano Frazzini against Louise Cable and C.F. Cable to recover damages for the death of his minor son, Renardo Frazzini, through the alleged negligence of the Cables. The cause was tried by the court without a jur...
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Helen McMurray Elmer petitioned for distribution under section 1658 of the Code of Civil Procedure as the daughter and sole heir of decedent. Persons claiming to be a sister, a nephew and nieces petitioned for partial distribution. No evidence on their petitions appears in the record and no written objections to the daughter's petition were filed, but a full hearing was had upon the latter petitio...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
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Defendant Spalding appeals from a judgment rendered against him.
Respondent instituted this action to recover the sum of $2,000, representing the amount of money for which two checks were drawn by appellant on the First National Bank of Los Angeles on September 7, 1927. Each check was for $1,000 and each was made payable to the order of J.H. Somers. The checks were originally given as a part of a ...
Views: 1
This cause is before us upon the judgment-roll alone, and involves the correctness of the conclusions of law drawn from the findings and the judgment rendered in pursuance thereof. The action was based upon the fraudulent conduct of the defendant, a real estate dealer, acting as agent of the plaintiff in the sale of certain lots whereby the defendant received large secret profits. The two lots inv...
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By an information filed by the district attorney of Los Angeles County containing five counts, the defendants were charged with the crime of bribing a witness *Page 394
and with the crime of conspiracy to commit a crime, to wit: the crime of bribing a witness. On submission of the cause, the jury was advised to acquit on counts one to four, inclusive. However, the jury returned verdicts finding d...
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THE COURT.
On petition for rehearing, counsel for respondent contend that the appeal should be dismissed, upon the ground that the notice of appeal was not served within the time provided by law, and therefore that this court is without jurisdiction of the cause. We are of the opinion that this objection, although late in presentation, must be sustained.
The minutes of the court show that at the c...
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Plaintiff brought this action to recover damages for an alleged assault by an employee of the defendant. The jury rendered a verdict in favor of the defendant and from the judgment entered thereon plaintiff appeals.
The alleged assault occurred in front of defendant's theater after some words had passed between plaintiff and defendant's employee concerning the parking of plaintiff's automobile nea...
Views: 0
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Plaintiff, a minor, through her guardian ad litem, brought this action to recover damages for personal injuries sustained by her while riding in an automobile driven by the defendant Milton Cavalli, also a minor. There were two other occupants of the car,...
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The appellants were jointly charged by an information filed by the district attorney of San Bernardino County with the crime of burglary, alleged to have been committed on or about the twenty-seventh day of November, 1930, by entering the dwelling-house o...
Views: 19
Respondent recovered judgment against appellant in the sum of $1,000 damages in an action for slander.
It appears from the record that respondent rented a furnished house from appellant and after occupying it for *Page 364
several months moved therefrom on or about October 24, 1927; that the parties hereto proceeded to check over a list of the personal property leased by appellant to respondent i...
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This is an appeal from a judgment for the recovery of usurious interest, and from a decree rescinding a promissory note and an order for the payment of an additional bonus exacted for the making of the same loan.
The plaintiffs owned two lots in Cahuenga Place Addition in the city of Los Angeles, which were subject to an encumbrance of $10,000. They were about to be sold under the terms of a trust...
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The question presented for consideration upon this appeal is the order of the court denying the motion *Page 350
of the defendant to change the place of trial from the county of Ventura to the county of Los Angeles.
The complaint sets forth that the defendant is a corporation organized and existing under and by virtue of the laws of the state of New York, and as such is authorized to transact a g...
Views: 4
[1] On the hearing of this matter it was stipulated by counsel that the petitioner was tried in the Justice's Court of Calexico township for the commission of an offense in another township in Imperial County. Petitioner contends that the judgment of conviction is void by reason of want of jurisdiction. This contention is obviously correct and amply sustained by the authorities. (Antilla v. Justic...
Views: 2
Defendant was charged by an information containing three counts with (1) violation of section 112 of the California Vehicle Act; (2) manslaughter, and (3) violation of section 141 of the California Vehicle Act. The jury returned a verdict of guilty on each count. From an order denying a motion for new trial and from the judgments of conviction entered upon said verdicts the defendant has appealed....
Views: 1
Petitioner was about to be punished for contempt of court because of. an alleged failure to pay in full an amount required to be paid by him for the support and maintenance of his minor child. The requirement was contained in a decree of divorce, by adoption of the terms of an agreement between the parties. Petitioner asked of this court a writ of prohibition for the purpose of preventing the thr...
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The defendants appeal from a judgment rendered in favor of the plaintiff in the superior court of Los Angeles County, upon a promissory note.
Appellant copartnership, consisting of defendants White and Winthrop, was engaged in general printing, advertising, multigraphing and mimeographing business, for which they solicited orders, and furnished stationery, supplies and labor. Respondent purchased ...
Views: 1
Automobiles of the respective parties collided while traversing an intersection of public streets in the city of Santa Monica, as a result of which accident both were damaged. In an action instituted by the plaintiffs, the defendant joined issue, and by cross-complaint demanded compensation for injury to his car. By its verdict *Page 325
a jury found "for the defendant without award of damages", ...
Views: 1
This is an action brought by respondent to recover for personal injuries alleged to have been suffered by respondent while a passenger on a motor-bus operated by appellant. Appellant answered and the cause was set for trial before a jury, which returned a verdict in favor of appellant. Thereupon judgment on the verdict was entered in favor of defendant and appellant. Thereafter, respondent served ...
Views: 3
Upon a trial by the court sitting without a jury plaintiff had judgment against defendant for the sum of $300 in an action to recover a real estate broker's commission. Defendant appeals from the judgment. *Page 320
[1] The parties entered into an agreement in writing whereby defendant gave to plaintiff the exclusive right for a period of six months to sell a certain piece of real estate for the...
Views: 5
This is an appeal by defendant Pickwick Stages System, a corporation, from a judgment in favor of plaintiff in an action to recover the value of two trunks.
The evidence shows that plaintiff purchased a ticket from defendant's agent in Vancouver, British Columbia, for transportation as a passenger over various autostage companies' lines from Vancouver to San Francisco. A portion of the trip in the...
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Plaintiff, while walking across a public street in Oakland was struck and injured by an automobile driven by defendant. She brought this action for damages, and a jury awarded her a verdict for $5,000. The defendant appealed and the judgment was reversed upon the ground that the amount of the award was excessive. (Davis v. Renton, 99 Cal.App. 264 [278 P. 442].) At the second trial, before another ...
Views: 5
Action upon a promissory note.
The complaint alleges that defendant, on the second day of July, 1919, made, executed and delivered to Hayes Hayes, Bankers, his promissory note in the sum of $3,000 and, at the request of defendant, plaintiff indorsed and guaranteed payment of the same. Thereafter plaintiff purchased *Page 558
the note. Subsequent to its purchase by plaintiff, defendant made sever...
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This appeal is from an order vacating a default judgment. The facts are as follows: The defendant was served with a copy of the complaint and summons on January 6, 1929. It appears from an affidavit of one of defendant's attorneys that on January 16th an order was signed by a judge of the superior court extending the time within which defendant might answer to January 26, 1929; that on the sixteen...
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Appellant was the owner of a parcel of land near Azusa in Los Angeles County, California, which will be hereafter referred to as the Azusa property. Respondents were the owners of a house and lot in the city of Venice, now the city of Los Angeles. Appellant instituted her action against respondents to quiet title to a portion of the Azusa property and to recover possession, together with damages ...
Views: 3
The plaintiff had judgment for the sum of $1500 alleged to be due on a certain policy of insurance issued by the defendant upon the life of Leon A. Cookson, now deceased, in which policy the plaintiff was named as the beneficiary. From this judgment the defendant appeals.
The transcript shows that the defendant is a mutual life insurance company, benefits being paid to beneficiaries upon the decea...
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The respondents have made a motion in this case to strike the reporter's transcript from the files and affirm the judgment on the ground of unreasonable delay in the preparation of the transcript and on the further ground that the trial court abused its discretion in failing to terminate the proceedings for its settlement after a delay of more than six months, and for the reason that the appeal is...
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George W. Timmons, an employee of petitioner Whipple, filed with the Industrial Accident Commission and against Whipple and the State Compensation Insurance Fund, his application for compensation on account of disabilities resulting from injuries received by the applicant arising out of and in the course of his employment. [1] The Commission after hearing the evidence made its finding that the Sta...
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This is an action for personal injuries. A decision was heretofore rendered in this cause modifying the judgment as to the defendants Wiegmann and the Lewald Coal Company, a corporation. Upon their petition a rehearing was granted. After further consideration, we are satisfied that the judgment should be affirmed as entered.
The court found that O'Farrell and Larkin Streets in San Francisco are pu...
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On December 21, 1929, a collision occurred between an automobile owned by defendant Henry Wilburn Martin and driven by defendant Clara Edith Martin, and a railroad train owned and operated by the other defendants herein. One Mae Lilly Click was a passenger in the automobile referred to and in that collision she received injuries which later caused her death. This action was brought by the plaintif...
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This is an appeal from a judgment for damages resulting from an automobile collision at the intersection of streets. Georgia and Amador Streets in the city of Vallejo intersect at a right angle. The plaintiff was driving a Chrysler roadster easterly on Georgia Street along a course about ten feet from the south curbing. The top of his machine was open at either side. It was daylight. There was ...
Views: 1
Petition for writ of habeas corpus and writ of review in aid thereof. Petitioner claims he is unlawfully detained of his liberty by the sheriff of the city and county of San Francisco. It appears from the petition that he was adjudged guilty of contempt of court, in failing to comply with an order with reference to the payment of alimony, and sen- *523 fenced to the county jail. In support ...
Views: 4
Appellant was charged with the crime of violating the Firearms Act (Stats. 1923, p. 695) by an information filed by the district attorney of Fresno County. He was tried before a jury which returned a verdict finding him guilty as charged. He was sentenced to imprisonment *Page 520
in the state penetentiary for the term required by law. From this judgment and from an order denying his motion for a...
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This is a contest over the guardianship of the person of Dorothy Minada, known as Dorothy Abbott, a minor, born January 5, 1921, at Lodi, California. The petitioner Alda Minada, now Costa, is the mother of the child. Cross-petitioners Jay S. Abbott and Gladys W. Abbott, his wife, now have and have continuously had the care and custody of the child ever since she was a few days old. The Minada-Cost...
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The defendant was charged by an information with the possession of a preparation of morphine containing more than one-fourth grain of morphine to the avoirdupois ounce, and by a second count with the forgery of a prescription by which the preparation was obtained. He was convicted under both counts and sentenced as required by law. He then made a motion to annul, vacate and set aside the judgment,...
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Steven Morgan was arrested in the city of Los Angeles on a misdemeanor charge. On September 10, 1926, bail was fixed in the sum of $1700 (by whom does not appear from the record before us), and on the same day the defendant corporation executed and delivered to the clerk of the municipal court a bond in the required sum, whereupon Morgan was released from custody. The transcript of the docket in t...
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The respondents, owners of certain real property in the county of Orange, obtained judgment in an' action instituted against the appellants, from which judgment the latter appealed. Briefly stated, the plaintiffs alleged that they entered into a contract with the defendant Crail, doing business under the firm name and style of Shoreline Oil Company, by the terms of which the latter leased certa...
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Action to recover a balance alleged to be due upon a promissory note payable to plaintiffs and executed by defendant Boyes Hot Springs Company, a corporation. The note was dated July 6, 1922, and was in the sum of $6,800 and it provided for five payments in yearly installments of $1360 each, together with interest. In the complaint it is alleged that the note was duly and regularly executed by def...
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This is an appeal from a judgment foreclosing a mortgage in the principal sum of $7,250 executed by the respondents Joe Cappellino and Anna Cappellino, his wife, to the plaintiffs. Appellant purchased a portion of the mortgaged premises from Cappellino and wife after the execution and recordation of the mortgage. The court ordered all of the mortgaged property sold to satisfy the indebtedness.
It ...
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This is an action for damages growing out of an alleged negligent chiropractic adjustment administered to Mary Frances Howe, wife of A.Z. Howe, by an employee of appellant. The case was tried before a jury, which returned a verdict in the sum of four thousand dollars for damages suffered by Mrs. Howe, and one thousand dollars damages suffered by her husband by reason of the loss of her services. A...
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THE COURT.
[1] Petition for a writ of mandamus to compel the county clerk of the city and county of San Francisco to pay petitioner a certain sum of money, together with exemplary damages, for issuing a certain execution in an action in which petitioner was a party. It is also prayed that the writ of execution referred to be annulled and set aside. Petitioner has a complete remedy in an action at ...
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Defendant appeals from an interlocutory decree in an action for divorce. The complaint alleged and the trial court found that the defendant had been guilty of extreme cruelty. Appellant attacks the findings upon this issue as not being sufficiently supported by the evidence. It is also contended that there was insufficient corroboration of respondent's testimony relative to the acts and conduct of...
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This is an action for damages for injuries received in a collision between two automobiles which occurred in the city of Los Angeles on April 5, 1927. The plaintiff herein was driving one of the machines and the other was driven by the defendant Meadows and owned by the defendant McLain. The defendant Meadows reached his fourteenth birthday on March 28, 1927, eight days prior to the accident. On h...
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We are asked to reverse the judgment in favor of plaintiff in this case because the trial court was wrong in giving credence to certain witnesses, and was mistaken in giving their testimony any weight. Of course, we cannot decide this appeal on any such basis, but must affirm the judgment if there is sufficient evidence to support it. We find the evidence to be ample. The action is one in two c...
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The plaintiffs, husband and wife, commenced an action to recover damages for personal injuries alleged to have been caused by the defendants. The defendants answered and a trial was had before the trial court sitting with a jury. At the end of the plaintiffs' case the defendants made a motion for a nonsuit. The motion was granted and the plaintiffs have appealed under section 953a of the Code of C...
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THE COURT.
Certiorari to review an award of the Industrial Accident Commission.
[1] It is claimed that there is no evidence to sustain the Commission's finding and award for a new and further disability. The testimony given by the attending physician is more than ample to support the conclusion of the Commission, that the first injury was the proximate cause of the second.
Petition denied. *Page 4...
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THE COURT.
[1] Said petitioner seeks by writ of review to nullify a decision after rehearing of the Industrial Accident Commission, wherein it was found that certain injuries received by petitioner did not arise out of and in the course of his employment, nor at a time when petitioner was rendering services incident to that employment. There is evidence to show that the injury was received while p...
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This is an action on a written contract. Judgment was entered in favor of plaintiff for the sum of $2,500, and defendants appeal therefrom.
The only grounds urged for a reversal are that the findings of fact are not supported by the evidence.
The complaint alleges that plaintiff's assignors, O.B. Hall and Ann Elizabeth Hall, entered into a contract whereby defendants agreed to convey unto said ass...
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This case was previously before the court and the judgment was reversed. ([Cal.App.] 295 P. 861.) The attorney-general petitioned for a rehearing and the petition was granted. *Page 425
Defendant was convicted by a jury of the crime of attempt to commit robbery and a new trial was denied and judgment pronounced. Defendant appeals from the order denying his motion for new trial and also from the j...
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Defendants de Waard Sons, bonded by the Hartford Accident and Indemnity Company, contracted with the Los Angeles County Flood Control District to construct the Altadena storm drain. A part of this improvement consisted in excavating and concreting a tunn...
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A rehearing was granted in this cause, not by reason of any doubt as to the correctness of the conclusions heretofore reached, but for the purpose of restraining and setting forth excerpts from the testimony contained in the transcript showing that the findings of the trial court are sufficiently supported. With this in view we follow in the main the language of the original opinion.
The plaintiff...
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This is an action for the foreclosure of two mechanics' liens for labor and material furnished by plaintiff and his assignor, A.H. Joffee, in the construction of a duplex residence on the property known as 6208 West Sixth Street, Los Angeles. In addition ...
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Defendant appeals from a judgment of conviction rendered against him and two others for the commission of each of the crimes of burglary, robbery and grand theft. He also appeals from the order by which his motion for a new trial was denied.
The first reason assigned by appellant for reversal of the judgment is that the evidence was insufficient to sustain the verdict rendered by the jury.
The rec...
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The plaintiff commenced an action against the defendant to recover a judgment for damages alleged to have been suffered in an automobile collision. The defendant answered and a trial was had before the court sitting with a jury. The jury returned a verdict in the sum of $4,000. The defendant made a motion for a new trial, his motion was denied, and from the judgment entered on the verdict he has t...
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In this action the plaintiff seeks, under the theory of an involuntary trust, to recover from the defendants a sum of money which was received by the defendant Corona National Bank and which it is claimed it ought not, in equity and good conscience, to retain. Briefly stated, the facts are as follows: On March 12, 1925, one James A. McEniry became vice-president of the Corona National Bank. On tha...
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The plaintiffs had judgment against the defendants in the court below, from which judgment the defendants appeal upon the judgment-roll alone.
The record shows that on or about July 1, 1926, the appellants and respondents executed and delivered their promissory note for $900 to the Bank of America, at its office in Grass Valley, California. On or about the seventeenth day of January, 1930, the res...
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Appellant, convicted by the court without a jury on two counts charging him with robbery, concedes that the judgments should be affirmed unless the trial court erred in permitting the depositions of the two complaining witnesses to be read into evidence. As timely *Page 357
and complete objections were made to the reading of these depositions, the question is fairly presented. We are of the opini...
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About 10:30 of the night of March 28, 1930, the deceased, Leon Hill, was shot while in the apartment of one Mary Washington, from the effects of which he died on June 2, 1930. Defendant at the trial admitted that he called at the Washington apartment that evening between 9:30 and 10 o'clock. The theory of the prosecution was that the defendant made two calls at the home of Miss Washington on the n...
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As the assignor of Oscar R. Thayer, an architect, the plaintiff commenced an action against the defendant to recover for the services of said architect. The defendant answered and a trial was had before the trial 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 typewritten transcripts.
...
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Plaintiff brought an action on contract to recover an alleged balance due of $700. Upon trial by the court sitting without a jury, judgment was entered in favor of plaintiff for the sum of $50, from which judgment plaintiff appeals.
The contract was evidenced by a proposition contained in a letter written by plaintiff to defendant dated October 1, 1926, which proposition was accepted by defendant ...
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Plaintiff sued for damages for personal injuries. The state of California intervened as plaintiff's employer, but it was stipulated that but one award should be made and the cause went to trial before a jury. A verdict *Page 340
for plaintiff was returned in the sum of $55,000 and the defendants appeal upon typewritten transcripts.
On October 18, 1927, plaintiff was acting under the employment of...
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Appellant commenced this action to quiet her title to an interest in real property situated in the county of Los Angeles, state of California. Respondent denied any title or interest in the property in appellant and alleged title in himself. He filed a cross-complaint in which he sought to quiet title to the property in himself. The *Page 335
court found against appellant and in favor of responde...
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Appellant, plaintiff in the action, is a Louisiana corporation, dealing in bags, burlaps, twines and supplies of similar nature at New Orleans. About October 3, 1925, it entered into a contract with respondent for the sale to the latter of four cars of re...
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Upon further consideration of this cause we are led to the conclusion that there is sufficient evidence set forth in the transcript to sustain the judgment, save and except as to the modifications hereinafter set forth. Portions of the opinion filed herein upon first hearing may properly be adopted as expressing our views.
The complaint in this action consisted of two counts, the first of which wa...
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Appellants, husband and wife, brought an action against defendants for injuries sustained by the wife while inspecting a dwelling-house owned by the defendants Nielsen which was being offered for private sale and which at the time was in charge of the defendant Andersen, as agent of the owners for such purpose. The case was tried before a jury, which returned a verdict for defendants, and from the...
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Clara Zuanich filed her complaint in claim and delivery against Paul Petrich and the Bank of Italy for the recovery of certain personal property. Thereafter respondent Noyes filed his complaint in intervention, alleging the bankruptcy of Petrich and the former's appointment as trustee of the estate of said bankrupt, that as such trustee he was the owner and entitled to the possession of the person...
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Plaintiff sued in mandamus to require respondents to place them upon the pension roll of the city of Alameda. The cases were consolidated for trial and were heard by the court sitting without a jury. Judgment went for respondents in both cases and the plaintiffs appeal upon a single typewritten transcript.
While the appellants were members of the police department of the city of Alameda they were ...
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Plaintiff sued for damages for personal injuries. At the close of plaintiff's case both defendants *Page 300
moved for a nonsuit. The motions were taken under advisement until the cause was submitted. The motions were then granted as to both defendants. The plaintiff has appealed on typewritten transcripts.
The defendant Watson, accompanied by the plaintiff, who is her mother, drove her Nash car ...
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THE COURT.
Appellants were attorneys of record for the plaintiffs in the above-entitled action. On November 7, 1930, the trial court on motion by plaintiffs made its order substituting other attorneys, and the present appeal was taken from the order by the attorneys first mentioned. The plaintiffs have moved to dismiss the appeal upon the ground that the same is frivolous.
[1] A client has an abso...
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The plaintiff appeals from a judgment of dismissal entered in the above-entitled cause on the seventh *Page 292
day of May, 1930. The dismissal was granted upon motion of the respondents, based upon subdivision 3 of section 581 of the Code of Civil Procedure.
The record shows that this cause was set for trial on various dates, the date being changed from time to time on account of other business ...
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Plaintiff, a member of the firm of Wilson Wagner, of Washington, D.C., income tax experts, and an assignee of said firm, filed his complaint for the reasonable value of services alleged to have been performed by the copartnership for defendant, under an alleged contract in writing, in defending the latter in certain proceedings initiated by the government to collect a tax and penalties aggregatin...
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The appeal herein is presented to this court from a judgment of dismissal of an action which, as to one cause of action set forth in the amended complaint therein, resulted from an order made by the trial court by which a demurrer interposed by defendants was sustained without leave to amend said cause of action; and as to each of two other alleged separate causes of action stated in said complain...
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The action which is "in personam", and upon which this appeal is based, was filed in the county of *Page 265
Los Angeles. At the time defendant was a resident of Imperial County. Contemporaneously with the filing of his answer to the complaint in the action, defendant filed a notice of a motion for change of venue from the county of Los Angeles to the county of Imperial. [1] Thereafter and before...
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We are of the opinion that the judgments and the order denying a motion for a new trial should be affirmed. Appellant was charged in four counts *Page 262
with having forged and passed as many checks. [1] His first contention is that an information based upon section 470 of the Penal Code is insufficient to support a conviction where it appears that the drawer of the forged instrument is a fictit...
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Action on a fire insurance policy.
So much of the facts as are necessary for a discussion of the principles involved may be stated as follows: One Brown, assignor of plaintiff, was doing business under the fictitious name National Upholstery Supply Company. He had dealings with one Smith, an agent representing Kohlman Moss and Cotton Felt Manufacturing Company, which resulted in a contract of sale...
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THE COURT.
Petition for habeas corpus.
Petitioner is detained by virtue of a warrant issued by the Governor of this state, directing the extradition of petitioner to the state of Ohio. [1] It is alleged in the petition that the Governor's warrant is based upon an indictment filed against petitioner in the state of Ohio on the seventeenth day of November, 1927, in which said indictment petitioner i...
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THE COURT.
Habeas corpus. [1] Petitioner claims he is unlawfully imprisoned for failure to comply with an order requiring him to pay certain sums for the support and maintenance of his wife. He alleges that since the making of the order a disability to comply therewith has arisen. The petition is denied on the ground that no application for discharge has been first made in the court below. (Code C...
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The action herein was one for malicious prosecution. The jury returned a verdict in favor of the defendants. This is an appeal from the judgment, it being contended by the appellant that the evidence is insufficient *Page 248
to support the verdict, or perhaps it would be more accurate to say that the evidence compelled a verdict for the plaintiff.
The appellant, a licensed osteopathic physician ...
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The subject of controversy in this action is stated by counsel for appellant as follows: "This is an *Page 244
action on an insurance policy executed by the defendant. The actual insurance agreement on the part of the defendant is in the form of a confiscation coverage, that is to say, another insurance company, to-wit: the Westchester Fire Insurance Company of New York, issued the main policy, t...
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Plaintiff sued in the Superior Court for the city and county of San Francisco for personal injuries. Defendant moved for a change of venue to Los Angeles County. The motion was denied and the defendant has appealed upon typewritten transcripts.
[1] If the action is in tort the judgment must be reversed because section 395 of the Code of Civil Procedure provides that such actions must be tried in t...
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Page 938
The petitioner is imprisoned in the state prison at San Quentin, and seeks to be discharged therefrom on a writ ofhabeas corpus.
The following are the facts, as they appear from the allegations of the petition for the writ and the copies of the court records which are made part thereof: After having been found guilty by a jury in the Superior Court of Los Angeles County of the crime of manslaughte...
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This is an appeal by the defendant from a judgment of foreclosure in favor of the plaintiff entered in the above-entitled action.
The record shows that on the twelfth day of August, 1921, the plaintiff loaned to the defendant the sum of $2,000. The loan was evidenced by a note of the same date, made payable in three years. To secure the repayment of the money borrowed, a mortgage was executed by t...
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The complaint in this case charges that the act was committed at a certain time and place wrongfully and unlawfully and in violation of section 311 of the Penal Code of California. [1]
The allegation that the act was done unlawfully and that it was done in violation of section 311 of the Penal Code brings the case within the rule announced by the Supreme Court of this state in the Matter of the Ap...
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Petitioner sought a writ of mandate to compel respondents to restore him to his position as watchman at the city and county hospital of San Francisco and to compel the payment of his salary as such watchman since the time of his discharge in 1924. Upon the trial the petition was denied and judgment entered in favor of respondents from which judgment petitioner appeals.
Appellant was a civil servic...
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Appellant was accused on information filed by the district attorney of the crime of robbery. Upon his arraignment he pleaded not guilty and upon trial was convicted of the crime as charged. Motion for a new trial was made and denied, whereupon sentence in the state prison was imposed. The appeal is from the judgment of *Page 226
conviction and from the order denying the motion for a new trial. Br...
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This is an appeal from a judgment based upon a verdict of a jury awarding to plaintiff damages in the sum of $5,000 against the defendants and to review the proceedings of the trial court in denying defendants' motion for a new trial.
The undisputed facts...
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The respondent, a real estate broker, filed her complaint to recover a commission of five per cent upon the purchase price of a certain piece of property described as lots 7, 8, 9 and 10 in block 200 of Villa Farms tract, near the city of Santa Monica in Los Angeles County. The complaint alleged that plaintiff had procured a purchaser for the real property according to the terms of her employment ...
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Appellant was accused of the crime of burglary in the second degree by an information filed in the Superior Court of Imperial County. He entered a plea of not guilty, but after a trial by jury was found guilty as charged. He prosecuted this appeal from the judgment pronounced upon him.
The evidence shows that a store in the city of Brawley in Imperial County belonging to a man named Samaha was ent...
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Petitioner was charged in a complaint filed in the Police Court of the city of Fresno by the district attorney of the county of Fresno with the crime of failure to provide for minor children. A warrant of arrest was issued and petitioner was duly arraigned in said court. *Page 201
He entered a plea of not guilty to the charge, waived a trial by jury and was tried and found guilty by the court. He...
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The plaintiff was injured by being hit by an automobile. To recover damages for the injury sustained he commenced this action. The defendants answered and a trial was had before the court sitting with a jury. The jury returned a verdict in the sum of $20,000. The defendants made a motion for a new trial and on their objection to the amount the verdict was reduced to the sum of $10,000. From a judg...
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The defendants in this action were the owners of a plant in the city of Bakersfield at which clay was received, stored and distributed. This plant was located on a spur from the tracks of the Santa Fe Railway Company in what was designated as a part of the industrial district of the city. The plaintiffs were property owners living upon their properties in the neighborhood of the defendants' plant....
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The plaintiff commenced an action against the defendants to recover a judgment for damages for alleged fraud perpetrated on her in an exchange for her equity in property located in Oakland for trust deeds on properties located in Los Angeles. Defendants answered and a trial was had in the trial court before the court sitting with a jury. At the end of the plaintiff’s case the court granted a moti...
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Appellant, a real estate broker, sought to recover an agreed commission for negotiating an agreement for the exchange of respondent's property for *Page 184
a building which consisted of five stores on the ground floor and apartments on the two upper floors and upon which Jim T. Sanderson, the other party to the exchange, then held an option. The judgment, denying such recovery, was predicated in...
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This is an action brought by respondent against appellant to recover damages arising out of the death of her husband, who was killed in a collision between his bicycle and the automobile driven by appellant Davis, an employee of appellant Frank H. Buck Company. The trial was before the court, and judgment was entered in favor of plaintiff in the sum of $9,500. This appeal is taken from the judgmen...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 169
This is an appeal from a judgment distributing the proceeds of a crop of raisins delivered to the defendant Sun-Maid Raisin Growers of California, a corporation, pursuant to the provisions of a co-operative marketing contract. The crop was grown on land w...
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THE COURT.
The defendant was convicted in the Superior Court of Yolo County of a felony, to wit: Issuing a check on a bank without sufficient funds.
[1] The transcript on appeal was filed in this court February 26, 1931. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on April 1, 1931. No appearance was made for appellant at the time...
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This application seeks to annul an award of the respondent commission in favor of respondent Harry S. Burt. The facts sustaining the award are as follows: The petitioners both owned a lot adjoining each other. They determined to pool their interest and improve them. They built a drive-in-market upon the lots for the purpose of renting space therein for various purposes. Peterson owned two similar...
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The appellant brought this action under section 29b of the Workmen's Compensation, Insurance and Safety Act (Deering's Gen. Laws, 1923, p. 1736) against respondents as stockholders of the California Building Loan Association to recover damages which appellant claims she sustained by reason of the death of her husband on June 2, 1926. After trial, and on September 13, 1929, the jury returned verdi...
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This is an appeal from a judgment against the plaintiff upon a claim for services rendered.
John Buckley owned a small unimproved tract of land at El Cerrito. During a term of four years prior to September 5, 1926, the plaintiff was periodically employed by him to perform labor on this property. He helped construct chicken-houses, cabins and a garage. He aided in building fences, laying sidewalks ...
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The defendant E.R. Driver, appeals from a judgment based upon a lease of real property, for alleged unpaid rent, and from an order denying a new trial.
[1] The principal contention of appellant is that a successor to the tenancy assumed the obligation upon which the action was founded, but we are not concerned with the veracity of witnesses, and a judgment based upon the trial court's version of c...
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The plaintiffs below appealed from a judgment of nonsuit rendered on motion of the defendants in a suit praying the vacation of a decree of foreclosure of a mortgage upon real property.
Suit was commenced by the mortgagees against appellants for the foreclosure of a mortgage given by the latter as security for a promissory note. Thereafter a supplemental complaint and alias
summons were served in ...
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The appellant was insured by respondent company against loss by burglary of his residence. Having suffered such a loss, he instituted an action upon the policy of insurance. Judgment was rendered in favor of the defendants, and the plaintiff appealed.
The case comes to us upon stipulated facts and the judgment-roll. By a policy of insurance issued in December, 1924, upon which a premium was paid f...
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The respondent was injured by an automobile on a public street while, through fright, attempting to run from a breaking electric light pole, which was embedded in the sidewalk. In a suit against the city of Los Angeles and others, a jury returned a verdict in his favor. The defendants appealed "from the verdict . . . rendered . . . on the 28th day of January, 1929, in favor of the plaintiff", and ...
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Plaintiff, an attorney at law, sued defendants for the reasonable value of legal services alleged to have been rendered them. The defendants answered denying that they were indebted to plaintiff in the amount claimed or in any other sum, and defendant Jacob Berman, also known as Jack Bennett, filed an amended answer which, in addition to said denial, set up the further defense of the statute of f...
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The plaintiff commenced an action in conversion against the defendants. Later she amended her complaint. The defendants appeared and answered the complaint as amended and the trial was had before the trial court sitting with a jury. At the end of the plaintiff's case the defendants made a motion for a nonsuit. The court made an order granting the motion and the plaintiff has appealed, bringing up ...
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This is an appeal by the defendant, Pickwick Stages System, a corporation, from a judgment entered against it upon the verdict of a jury in the sum of $1500.
Plaintiff, Mildred Vera Smith, brought this action for damages, charging that she was severely in...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 109
While attempting to enter a building at San Anselmo the plaintiff was injured. He commenced an action to recover damages and in his complaint he named as defendants the owners of the property and F.H. Allen, a contractor, who was at the time engaged in ma...
Views: 3
Defendant was charged in an information filed by the district attorney with the commission of a felony, to wit: Violation of section 288 of the Penal Code. He was tried and convicted. Motion for a new trial was made and denied. This is an appeal from the judgment and order.
[1] Insufficiency of the evidence and misconduct on the part of the jury during the course of the trial are relied on for a r...
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This is an appeal from a judgment foreclosing a mechanic's lien.
The appellant owned a portion of lot 5, tract 5367, in the city of San Gabriel. H.N. Hayden was awarded a contract to construct a dwelling-house on this lot. Between the dates of October 23 and November 20, 1923, at the request of the contractor the plaintiff furnished lumber and materials which were used in the construction of the b...
Views: 0
The action is to set aside a sale of real property made under a deed of trust. In the court below judgment went for the plaintiff and the defendants noted in the caption prosecute this appeal. In passing, it might be noted that the position of the intervener is as an ally of plaintiffs, praying for the same relief and satisfied with the judgment entered. It will be unnecessary to recite the facts ...
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This is an appeal by certain defendants from a judgment rendered against them in an *Page 82
action, the nature of which will hereinafter appear. The appeal comes before us on the judgment-roll alone. The nature of the case will appear from the findings of fact and these said findings controlling, as they must, the judgment will be determinative of the appeal. The Gables is a corporation regularl...
Views: 0
This is an action for the rescission of an executory contract to purchase certain real estate in the county of Los Angeles upon the ground of fraudulent representations. The main grounds urged for a reversal of the judgment, which was in favor of the defendants, involve the sufficiency of the findings of the trial court. It is urged by appellant that the so-called findings do not disclose what fac...
Views: 3
This is an action arising out of a transaction, wherein the following are the principal items: (a) An option, by Jennie B. Doane, owner, to W. Ross *Page 344
Campbell Company, to purchase a two-thirds undivided interest in described real property; (b) An assignment of the option, by optionee to plaintiffs; (c) Notice to defendant Doane of exercise of right to purchase under the terms of the optio...
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This is an action for damages for fraud and misrepresentation in the sale of certain real property. *Page 335
The defendant, C.L. Peck, owned a building in Los Angeles, various portions of which had been leased to different persons for shops, stores, offices and a public garage. In October, 1926, Peck gave to a real estate agent named Canon, a written "exclusive option to buy or sell" the propert...
Views: 2
Page 972
The petitioner is the insurance carrier of the city and county of San Francisco, the employer of one G.S. Paizes, who was instantly killed in an explosion upon the work being conducted by the water department of the city near the town of Sunol. Spiros Paizes and the deceased were first cousins. The former was married and lived in San Francisco with his wife and four children. An unmarried brother ...
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Appellant was convicted of the crime of failing, without lawful excuse, to furnish necessary support for his minor child and was sentenced to be punished therefor by imprisonment in the county jail for a term of two years and to pay a fine of $1,000. He appeals from the judgment.
During the course of the trial it was admitted by the appellant that he had not, during the time stated in the informat...
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Plaintiff sued to quiet title to a leasehold interest for the exclusive right to drill, develop and remove petroleum, natural gas, asphaltum and other kindred substances from certain real property. The cause was tried before the court, which made findings and judgment in favor of the plaintiff from which the defendants appeal upon typewritten transcripts.
The complaint pleaded plaintiff's leasehol...
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THE COURT.
Application for writ of habeas corpus.
The record shows that petitioner was ordered to pay certain sums of money in a divorce action. Having failed to comply with the order, he was commanded to show cause why he should not be punished for contempt. On the hearing he was adjudged guilty.[1] It is here claimed that no testimony was taken as to the ability of petitioner to comply with the ...
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THE COURT.
[1] The defendant was convicted in the Superior Court of Stanislaus County of a felony, to wit: Violating "An Act to Regulate the Sale and Use of Poisons in the State of California and Providing a Penalty for the Violation Thereof." (Stats. 1907, p. 124.)
The transcript on appeal was filed in this court January 17, 1931. No brief has been filed in behalf of appellant. The cause was regu...
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This is an appeal from a judgment in mandate proceedings. The appellant was petitioner in the trial court, seeking by mandate to compel the respondent Board of Trustees of the Roseville Union High School District, and the members thereof, to admit him to the use and occupation of his right as a permanent teacher, to teach in the respondent Union High School and to pay him the salary to which he cl...
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THE COURT.
[1] Writ denied on the ground that the order complained of was one within the discretion of the court to make. (11 Cal. Jur., p. 392.) *Page 296 ...
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Appellant filed her complaint in the court below seeking judgment against defendants for money. The complaint contains four causes of action separately stated. The first is based upon the violation of what has become known as the "right of privacy". The other three causes of action are based upon a supposed property right in incidents of her life and her maiden name. Respondents filed general and ...
Views: 38
Plaintiffs appeal from the judgment of the trial court denying an injunction.
Both appellants and respondents are appropriators of water from Kings River. Kings River is a natural water-course having its source in the Sierra Nevada Mountains and flowing westerly and southwesterly through the Kings River alluvial fan. At a point approximately forty miles from the place where it leaves the foothills...
Views: 2
This is an appeal from a judgment and order of life imprisonment imposed on the defendant *Page 259
upon conviction of two felonies and three prior convictions of felonies formerly committed by him.
By means of an information filed in Yolo County the defendant was charged with four separate felonies, together with three prior convictions of other felonies. To each of these charges of prior convic...
Views: 10
Action to recover damages for fraud in the exchange of certain parcels of real property. Plaintiff and appellant alleged that she was the owner of certain flats located on Leavenworth Street in San Francisco which she agreed to exchange for an apartment house located on Sacramento Street in the same city upon the following terms: Said flats to go in at a valuation of $16,000, subject to a mortg...
Views: 0
The defendant had judgment in the trial court, and from this judgment the plaintiff appeals. The judgment went in favor of the defendant by reason of his plea of res judicata.
The complainant in this action seeks judgment against the defendant for and on account of an assigned claim from L.A. Dunning to the plaintiff, wherein and whereby it is claimed that the defendant was indebted to the plainti...
Views: 6
This is an appeal from an order denying a petition for a writ of mandamus to compel a school board to permit the petitioner to teach in the public school of that district and to require the payment of her salary therefor.
The Board of Trustees of Oakville School District in Napa County consists of H.H. Carpenter, the duly elected clerk thereof; A.L. Lincoln and Peter Del Bondio. All of the members...
Views: 8
Two actions were brought in the Superior Court of Los Angeles County, praying that the plaintiffs' title to certain shares in a common-law trust be quieted as against the trustees thereof; judgments were rendered in favor of the plaintiffs, and the defendants appealed.
A common-law trust, designating F.L. Stineman, Charles Paige, L.H. Hendricks, F.W. Kasl, and S.F. Woody, as trustees, was created ...
Views: 2
Petition for writ of habeas corpus. Petitioner claims that he is unlawfully detained of his liberty at San Quentin state prison. It appears from tlie petition that petitioner is held by virtue of a commitment issued out of the Superior Court in and for the County of Alameda pursuant to a judgment rendered upon a plea of “guilty” to a charge of grand larceny. The board of prison directors determ...
Views: 7
Action to recover the sum of $478.25 as commissions for the sale of certain personal property.
The answer denied the indebtedness and alleged a set-off and counterclaim of $390. The court found for plaintiff and against the counterclaim and entered judgment for plaintiff in the full amount prayed for. Motion for new trial was made and denied, but the judgment was modified by changing the amount fr...
Views: 2
In this action, the plaintiff seeks to hold the defendant as an acceptor of a bill of exchange. The defendant is engaged in conducting a packing-house for oranges and other citrus fruits at Lindsay, California. The plaintiff is engaged in the business of manufacturing and selling briquets or solid fuel for orchard heaters, and in the fall of 1925 one C.A. Bishop was its agent in the vicinity of Li...
Views: 0
The above-entitled actions are based upon the same publications made by the defendant, involve precisely the same points, are presented to us upon this appeal on one set of briefs, and are considered as one case. For convenience, however, we shall follow the procedure adopted in the briefs and consider by name only the case of Lucille Mortensen v. The Los Angeles Examiner, aCorporation, it being u...
Views: 9
It seems proper to direct attention at the outset to the incorrectness of the title of this appeal in order that our opinion may not be misread and misapplied. The plaintiff commenced an action against the defendants named in the caption, alleging that the corporate defendant B. Nicoll Co. had become indebted to her in the sum of $1338.80 for general hauling, which sum it had not paid either in w...
Views: 0
THE COURT.
An application for a writ of habeas corpus. The petitioner is charged by a complaint filed in the Municipal Court of the City and County of San Francisco with a misdemeanor, to wit: vagrancy.[1] The form of the complaint is not questioned, but section 647
of the Penal Code defining vagrancy, by its terms, is not operative against a "California Indian", and it is alleged in the petition ...
Views: 0
THE COURT.
Rose Edgar, one of the plaintiffs above named, and her minor daughter, Florence, were riding in an automobile driven by the defendant Citraro and were injured when it collided with one driven by the defendant Pratt at the intersection of Fifth and Julian Streets in San Jose. The other occupants of the Citraro car were Mrs. Edgar's minor son John, and her sister Mrs. Traylen, who were al...
Views: 2
THE COURT.
Plaintiffs, as the parents of Florence Edgar, a minor, brought this action to recover the damages they claimed to have sustained by reason of the injuries their daughter received in a collision between two automobiles driven respectively by the defendants Citraro and Pratt, which occurred at Fifth and Julian Streets in San Jose. The action was consolidated for trial with one brought by ...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 165
THE COURT.
Two automobiles driven respectively by the defendants Frank Citraro and C.D. Pratt collided at the intersection of Julian and Fifth Streets in San Jose about 8 o'clock in the evening. Riding with Citraro at the time were Mrs. Rose Edgar, her mi...
Views: 3
Respondents brought this action in the court below to recover from appellant the value of household furniture, family stores and provisions and personal effects which were destroyed by fire while being transported in trucks by appellant from the city of Bakersfield to the city of Hollywood, California. The complaint contains three separate causes of action. The first is based upon an express contr...
Views: 3
Plaintiff brought this action to recover damages for injuries alleged to have been sustained by certain livestock of his shipped over the lines of defendant from Gordon, California, to Hynes, California. The case was tried before a jury, which returned a verdict in favor of the plaintiff for the sum of $1250 and from the judgment entered thereon the defendant appealed.
The complaint alleges and th...
Views: 7
Defendant was convicted upon a charge of violating the provisions of section 288 of the Penal Code by committing a lewd and lascivious act upon the person of a little girl. He appeals from the judgment and from an order of the trial court denying his motion for a new trial.
The alleged victim of appellant was five years of age on April 30th, it was charged in the information that appellant committ...
Views: 11
THE COURT.
The plaintiff recovered judgment against the defendant as executor of the last will and testament of the deceased wife for $10,384.54, and defendant appeals from the judgment and the order denying defendant's motion for a new trial.
Plaintiff and his deceased wife first met at Greenville, Mississippi, in the month of December, 1910, and afterward moved to California. Plaintiff is a barb...
Views: 9
This action was brought by the plaintiff against the defendants to recover upon a certain policy of fire insurance. Judgment was against the plaintiff and appellant and in favor of the defendants and respondents. After judgment a motion for a new trial was made by the plaintiff on the grounds: 1. That the evidence is insufficient to justify the decision of the court; 2. That the decision is agains...
Views: 3
The defendant appeals from a judgment of conviction based upon two counts in an information, which counts are in the following words and figures, to wit:
"Count I.
"In the Superior Court of the State of California, in and for the county of Butte, the 28th day of July, 1930. The said Joseph Myrick is accused by the district attorney of Butte county, by this information, ...
Views: 10
This is an application for the writ of mandate by which it is sought to compel the respondent court to dismiss an action in unlawful detainer. The alternative writ was not issued, the petitioner preferring to bring the matter on for hearing upon notice to the respondent. From the petition it appears that D.W. Henderson filed a complaint in the municipal court (the petition fails to state the date)...
Views: 1
Page 1007
The petitioner sought a writ of mandate in the superior court to compel the respondent Buron Fitts as district attorney of Los Angeles County to *Page 111
reinstate petitioner as a deputy district attorney, the respondent Sam J. Chappel, as secretary of the civil service commission of Los Angeles County, to certify his name to the pay-roll as a deputy district attorney, and the respondent Payne a...
Views: 4
This is an appeal by defendants Estrin and Garbus from an order made by the lower court vacating its previous order dismissing the action and also from the order granting plaintiff permission to file an amended complaint. The appeal on the ground last mentioned has been dismissed (98 Cal.App. 365 [276 P. 1036]).
Plaintiff filed her complaint in the court below claiming damages for alleged personal...
Views: 3
This is an action of claim and delivery. The property involved constitutes all the equipment, furniture and fixtures contained in and pertaining to a certain theater known as the Tujunga Valley Theatre, situate at Tujunga, California, of the stipulated value of $5,000. Judgment was entered in favor of the cross-complainant, George R. Frampton, for the return of said property, or for $5,000, the va...
Views: 4
The defendant was convicted by a jury of assault with intent to commit rape, and from the judgment which followed this appeal is taken.
At 8:30 P.M. on the evening of September 11, 1930, Miss C.E. Ruttinger left a prayer meeting in Riverside, California, and after walking three or four blocks to her home, stopped to do some watering in and about her garden before she entered the house. During the ...
Views: 15
This is an appeal from a judgment which was rendered upon a verdict for damages for personal injuries resulting from a collision between automobiles.
The only question involved in the appeal is whether the plaintiff was guilty of contributory negligence.
Kettleman Lane and Quimby Avenue intersect at right angles one mile south from Lodi. The first mentioned lane runs east and west. The other one e...
Views: 0
Plaintiff sought to recover damages for an injury sustained when bitten by a dog belonging to defendants. The cause was tried by the court sitting without a jury and from a judgment in favor of plaintiff defendants appeal.
Plaintiff alleged in her complaint that the dog was of "vicious disposition and dangerous character, and evilly disposed toward human beings and other dogs, and accustomed to at...
Views: 1
The plaintiff is prosecuting an appeal from a judgment of the Superior Court of Los Angeles County, reversing a judgment of the Municipal Court of Los Angeles city, and ordering a new trial therein and directing that appellant recover costs of appeal. This was based upon the superior court’s conclusion that the plaintiff was entitled to the sum of $31.79 only, which was the difference between the...
Views: 2
All the parties above named excepting D.E. Burgess, denominated defendant and cross-complainant, respondent herein, and Indemnity Insurance Company of North America, defendant and appellant herein, have no further part in this litigation for the reason that they, by appropriate judgments, settlements and stipulations have disposed of their several controversies. *Page 38
The appellant gave notice...
Views: 8
This is an action for unlawful detainer, arising upon the terms of a written lease. The instrument was entered into between plaintiffs as lessors and the defendants Klein and Weiss as lessees, but the latter assigned their interest under it to Thomas B. Key, formerly a defendant in the action, and the present defendant Nellie Key. Pending proceedings in the trial court Thomas B. Key died and defen...
Views: 13
Page 1018
THE COURT.
An application for a writ of habeas corpus. Duel and Gibeau, in whose behalf the application is filed, were charged jointly by information with the crime of robbery, it being alleged that they did "wilfully, unlawfully, and feloniously steal, take and carry away from the person, possession and immediate presence of one Arthur Scovil, who was then and there acting as clerk, agent and ser...
Views: 6
Appellant was charged, by an information filed by the district attorney of Fresno County, with the crime of possession by an unnaturalized foreign-born person of a firearm capable of being concealed about his person. The jury returned a verdict of guilty and judgment was pronounced upon him. His motion for a new trial was denied. This appeal was taken from the judgment and from the order denying t...
Views: 3
This is an application for a writ of habeas corpus. The petitioner was tried in the justice's court of Santa Ana township, county of Orange, upon a complaint charging him with failure to support his minor children, a misdemeanor; the complaint charging that this offense was committed within the county of Orange, state of California. He was found guilty and sentenced to imprisonment in the county j...
Views: 8
This is an appeal from a judgment for the plaintiff rendered upon the verdict of a jury for damages for personal injuries sustained in the course of his employment as a brakeman. The action was maintained under the federal Employers' Liability Act (45 U.S.C.A., secs. 51-59).
The defendant owns and operates an interstate railroad system extending into California. Among its properties is a freight d...
Views: 10
Page 1022
This is an appeal from a judgment for plaintiff in a personal injury case tried without a jury by the court.
The cause of action arose from an automobile collision which occurred at about 4:30 P.M., June 30, 1929, at the intersection of Twenty-seventh Street and S Street, which streets intersect at right angles, Twenty-seventh Street extending north and south and S Street east and west, in the cit...
Views: 14
MEMORANDUM CASE.
This action grew out of the same collision involved in the case of Click v. Southern Pac. Co., (No. 370) ante, p. 528 [298 P. 839] in which a motion of certain respondents has this day been granted. This action was brought by the minor son of deceased, through his guardian, to recover for personal injuries sustained by himself. The two actions were consolid...
Views: 0
The only question presented by this appeal is the soundness of the court's ruling in sustaining a demurrer to plaintiff's second amended complaint. *Page 753
Two causes of action are therein set up, both based upon slander, and nether susceptible of interpretation as hinting at any other cause of action. [1] Among other grounds of demurrer was the plea that the statute of limitations had run agai...
Views: 1
It is admitted that the defendants executed a promissory note in favor of the plaintiff for the ■principal sum of $1,050, and that the note has not been paid. It follows that the plaintiff is entitled to judgment unless her right thereto has been defeated by the facts stated in an affirmative defense set up in the answer. This . defense as stated in the answer is to the effect that the defendants...
Views: 4
From a judgment following his conviction of the crime of grand theft, as well as from an order by which his motion for a new trial was denied, defendant has appealed to this court.
Briefly, the essential facts presented by the prosecution on the trial of the action were that prior to the commission of the offense of which defendant was charged, he and one McDougal were together confined in the cou...
Views: 9
Defendant was tried jointly with Collier, Davis and Gardella upon an indictment framed in four counts, the first of which charged a conspiracy to ask and to receive bribes, the other three charging completed acts of bribery. During the course of the trial the offense charged in count three was dismissed and the jury returned a verdict finding all the defendants guilty on the first count and all no...
Views: 14
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 731
On February 26, 1898, plaintiff herein issued to Arthur M. Gray, a certain benefit life insurance certificate in the sum of $2,000, payable to his then wife as beneficiary. On July 17, 1918, upon proof that the prior certificate was lost or destroyed, pla...
Views: 11
THE COURT.
This is an application for a writ of certiorari to have reviewed and annulled two orders made by the Superior Court in a divorce action after the entry of the interlocutory decree. [1]
The first order was made for the purpose of correcting nunc protunc the form of the decree. Such order is admittedly appealable, and according to the affirmative allegations of the petition for the writ p...
Views: 3
The defendant corporation employed the plaintiff to do some engineering work upon certain real property in Mono County, California, in connection with *Page 725
preparing said property for subdivision and sale as cabin sites. This action was brought by the plaintiff to recover compensation for said services, and this appeal is from a judgment rendered in his favor.
[1] Appellant first urges that ...
Views: 0
The plaintiffs employed the defendant Kenneth A. Brainard to sell for them a lot in the city of Beverly Hills, which we will identify as "lot 69", at the price of $60,000. Brainard pretended to find one M.A. Forsythe as purchaser, but in fact was himself the purchaser. Forsythe was Brainard's uncle and acted as dummy in the transaction. An agreement was made for the sale of the property to Forsyth...
Views: 0
[1] Upon a previous trial of this case in the superior court judgment was rendered in favor of the defendant, which judgment was reversed upon the ground that the evidence was wholly outside the issues as joined by the parties, that the admissions contained in the answer foreclosed the defendant's claims, and that the findings of fact were erroneous. (Brown v. Sweet,95 Cal.App. 117 [272 P. 614].) ...
Views: 3
The respondent copartners were awarded judgment in the Superior Court of Los Angeles County for moneys alleged to have been due them as contractors and the defendants appealed. Appellants entered into a contract, designating themselves as owners, by the terms of which they agreed to finance the erection of a certain building, and respondents agreed to construct the same for a specified amount o...
Views: 0
Defendant appeals from a judgment of conviction, as well as from an order by which his motion for a new trial was denied, as to each of eighteen specified counts of an indictment returned against him wherein he was charged with the crime of presenting false claims of insurance and the crime of presenting false proofs in support of claims upon policies of insurance, each claim presented being made ...
Views: 8
THE COURT.
The above-named Wong Poy and two others were charged with having violated the State Poison Law. At the preliminary examination he was held to answer and his co-defendants were discharged. An application for a writ of habeas corpus is now made in his behalf, it being claimed that the facts disclosed by the evidence are legally insufficient to constitute a crime in that it affirmatively s...
Views: 6
Appeal from a judgment denying cancellation of three deeds from decedent to respondent. During its pendency the parties, by stipulation, dismissed the appeal as to two deeds. Briefly stated, the complaint, so far as here material, alleged evidentiary facts, showing a *677 confidential relation between decedent and respondent, lack of consideration for the remaining deed and the mental incompete...
Views: 0
This is an action for personal injuries. Upon a trial by jury plaintiff recovered a judgment for $7,500, from which judgment defendant appeals.
[1] Appellant's first contention is that the verdict is so excessive as to indicate passion or prejudice on the part of the jury. A review of the evidence convinces us that this contention is without merit. Prior to the accident respondent was a healthy, r...
Views: 3
Defendant appeals from the judgment of the trial court whereby he was sentenced to imprisonment in the state prison at San Quentin, California.
Appellant was charged in an information filed by the district attorney of Fresno County with the crime of grand theft. He was duly arraigned in department 4 of the Superior Court of Fresno County on December 19, 1930, and entered a plea of guilty of the of...
Views: 8
Plaintiff brought this action on a promissory note against St. Paul Hotel, Inc., as maker, and J.H. Jonas Sons, Inc., as guarantor. Service was not had upon St. Paul Hotel, Inc. J.H. Jonas Sons, Inc., answered and the trial was had before the court sitting without a jury. Judgment went for plaintiff, and defendant J.H. Jonas Sons, Inc., appeals upon a typewritten transcript.
Appellant was the h...
Views: 1
THE COURT.
Plaintiff brought this action to recover the sum of $9,500 claimed to be due as commissions in connection with the sale of a ship. The complaint was filed on August 18, 1925, and defendants answered on December 9, 1925. Four years later and on December 7, 1929, pursuant to a motion made by the defendants for such purpose, the trial court dismissed the action upon the ground that the sam...
Views: 7
This is an appeal from an order admitting to probate an instrument purporting to be the holographic will of Antoinette G. Wilkinson, deceased, who died in Alameda *Page 646
County on April 20, 1929. The instrument is entirely written, dated and signed by the hand of the testatrix herself, but the date it bears is "December – fourth, nine hundred and twenty-eight" (italics ours), and because of th...
Views: 5
THE COURT.
About 5 o'clock on the afternoon of June 27, 1928, plaintiff and her eleven year old daughter were being conveyed from plaintiff's home on Sanchez Street, San Francisco, to the Southern Pacific station at Third and Townsend Streets, in a taxicab owned by the defendant corporation and driven by the defendant Maloney, intending to entrain for Los Angeles at 6:15 P.M. At the intersection o...
Views: 8
Guy B. Chandler died intestate in 1928. His heirs at law and next of kin are a son and daughter by a former marriage, who are appellants in this matter, and his widow, who is administratrix of his estate and respondent herein. A return and report having been filed by a duly appointed inheritance tax appraiser and appraiser for the estate, these appellants filed objections thereto. They also filed ...
Views: 6
Plaintiff sued as assignee upon two promissory notes executed hy defendants Ballmann and Struthers with the Struthers Manufacturing Company, a corporation, as payee. Defendant Ballmann filed a counterclaim for $1,000, money advanced to the corporation. The cause was tried without a jury and resulted in a judgment for defendants. The plaintiff appeals on typewritten transcripts. The two notes am...
Views: 0
Eleanor F. McIntyre asks a reversal of the judgment, canceling a deed from decedent to her for lack of delivery, because of alleged errors in the denial of her motion for a nonsuit and in the admission in evidence of two letters written by decedent after the purported delivery. The facts and circumstances surrounding such delivery are fully set forth in the companion case of Morgan v. Matthieson, ...
Views: 1
This is an action brought by the plaintiff to recover damages on account of the death of her husband, which occurred in an automobile collision. Verdict and judgment went for defendant, and this appeal is prosecuted therefrom.
A reversal is sought on account of error in giving and refusing certain instructions to the jury.
Plaintiff and her husband were driving their automobile along a road which ...
Views: 11
The plaintiff herein filed his complaint to recover a real estate commission from the defendant. The first cause of action alleged the services of plaintiff to have been rendered to defendant and that they were of the reasonable value of $2,500; the second count was one for money had and received; and the third alleged that plaintiff was employed by one H. B. Dobbins to effect a sale of certain r...
Views: 5
Plaintiff brought this action to recover possession of a stock certificate. Plaintiff had judgment upon a trial before the court sitting without a jury, and from this judgment defendant appeals.
The stock certificate in controversy is designated as certificate No. 5, issued by Moore Co., a California corporation, representing 250 shares of its capital stock. This company may be termed a "family c...
Views: 0
In this action to recover a commission for procuring a purchaser of realty bonds appellant seeks a reversal of an adverse judgment, based upon a verdict, on the ground that an instruction, erroneously construing an alleged contract between such purchaser and respondents, directed a verdict against him on the issue of performance. As the appeal presents no issue as to the employment, it is sufficie...
Views: 2
Page 1054
This is an action for a balance claimed to be due for professional and legal services rendered. The complaint alleges that defendant promised and agreed to pay the sum of $5,250, no part of which has been paid except the sum of $1250, although demand has been made therefor. Plaintiff prayed judgment in the sum *Page 607
of $4,000. A jury returned a verdict of $500, and plaintiff appealed. The err...
Views: 4
Appellant was seriously injured on the eleventh day of September, 1926, in a collision between an automobile being driven by himself and one driven by A.M. Bagley, which occurred at a street intersection in the city of Los Angeles.
At the close of the plaintiff's case the respondent, Easy Housekeeping Shop, a corporation, made a motion for nonsuit upon the ground that the plaintiff has failed to p...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 597
This is an appeal from a judgment annulling a marriage which was rendered in accordance with the provisions of subdivision 2 of section 82 of the Civil Code.
The defendant was previously married to Fred Todd. In a suit for divorce she was awarded an inter...
Views: 4
This is an appeal from a judgment for broker's commissions for the exchange of real properties.
The defendants were the owners of 2,100 acres of farm land near Walla Walla, Washington, and a dwelling-house in that same city. Both properties were free of encumbrance. While the defendants were visiting at Los Angeles in 1926, they advertised a desire to sell or exchange these properties. The plainti...
Views: 7
Plaintiff' sued for damages resulting from an automobile collision. The cause was tried with a jury and resulted in a verdict for plaintiff against defendants Kroizy and Johnson for $6,000. The trial judge reduced the verdict to $3,500 and entered judgment in that amount. Each defendant has taken a separate appeal. The appeal of Kroizy alone is submitted for decision. There is no material confl...
Views: 0
Plaintiff entered into an agreement with defendant whereby plaintiff agreed to sell to defendant and defendant agreed to purchase from plaintiff two thousand (2,000) boxes of sugar plums growing and to be grown during the 1929 season upon land in the county of Santa Clara, state of California, known as the Eberhart Tanning lands; defendant agreed to pay plaintiff the sum of $1 per box f.o.b. ranch...
Views: 0
This is an action against an insurance carrier on a policy of automobile liability insurance. The facts leading up to the controversy show that plaintiff herein in a certain action recovered a judgment against certain defendants by reason of the negligent operation of an autotruck. This judgment was affirmed on appeal. (Goss v. Pacific Motor Co., 85 Cal.App. 455
[259 P. 455].) *Page 579
Pacific M...
Views: 2
This is an appeal from a judgment for damages sustained as the result of an automobile casualty.
In the following opinion Edith I. Miller will be referred to as the respondent and Paula Geary as the appellant.
On the night of August 30, 1928, the respondent was riding as a passenger for pleasure with appellant in her Oldsmobile coach from Cloverdale to Hopland along the Redwood highway. The paved ...
Views: 2
The plaintiff was the owner of two lots which together included an area of a little over one acre of land. The defendant, while performing a street work contract on a street not far from the plaintiff's premises, dumped upon plaintiff's land and spread out over said land a large quantity of materials which accumulated in the course of performance of the street work. This was done while the plainti...
Views: 3
This is an appeal from an order denying a motion to set aside a default judgment. The record in this case shows that on the fourteenth day of August, 1925, the plaintiff was injured by an automobile driven by the defendant. The action herein was begun on *80 the twelfth day of August, 1926; summons was served on the defendant on the seventeenth day of August, 1926, personal service being made...
Views: 0
Plaintiff prosecutes this appeal from a judgment entered after order sustaining without leave to amend a general and special demurrer to the plaintiff’s second amended complaint. The action was brought to have set aside and vacated a judgment theretofore recov *74 cred by the respondent against the plaintiff in the Superior Court of the State of California, in and for the County of Los Angeles,...
Views: 9
Appellant and two others were tried together and convicted of the crime of robbery of the first degree, committed as follows: On the twenty-eighth day of December, 1929, in the night-time, the defendants, in a drugstore of one G. IT. Brown, forcibly took from the possession of Brown the sum of $79. It was shown that appellant at the time of the commission of the crime was armed with a deadly weap...
Views: 0
At about 9 o'clock at night on June 12, 1927, the occupants of an automobile were accosted by a highwayman on the public streets of the city of Los Angeles, who deprived them of a watch, a diamond ring, about $10 in money, and their car. About three years thereafter the appellant was apprehended and charged by information with the theft of the watch and the ring, of which a jury found him guilty. ...
Views: 13
Appellant was accused of the crime of murder by an information filed by the district attorney of Riverside County. The jury found him guilty of manslaughter, and after the pronouncement of judgment he prosecuted this appeal.
Appellant relies upon four grounds for a reversal of the judgment as follows: That the evidence is insufficient to support the verdict; that the court erred in permitting the ...
Views: 10
Appellant was charged by an information filed by the district attorney of Orange County with uttering, publishing and passing a forged check. He entered pleas of not guilty, and not guilty by reason of insanity. The jury found him sane, and guilty, and he prosecuted this appeal. He raises no question on the correctness of the proceedings on his plea of not guilty by reason of insanity.
[1] The inf...
Views: 8
The defendant was charged with the crime of assault with intent to commit murder, in an information filed by the district attorney of the county of Butte. Upon the trial, a verdict of guilty of assault with a deadly weapon, was returned by the jury. The defendant thereupon moved for a new trial, which was granted. From the order granting a new trial the People prosecute this appeal.
The argument o...
Views: 12
On December 30, 1920, C.M. Brannon made his last will and testament, by which he gave, devised and bequeathed to Jennie Lee Brannon, his wife, and to Mrs. Lillian Brannon, a former wife, his entire estate, real and personal, designating the latter as executrix. The widow appeals from an order and judgment admitting said will to probate and appointing the executrix so designated, and from an order ...
Views: 7
Section 3 of the State Athletic Act (Stats. 1925, pp. lxxxix, xc), includes the provision that the Commission created by such act be given “discretion” to issue licenses to conduct wrestling contests “to any club, corporation, organization or association which holds a lease of a term of at least one year of the premises” in which such contests are proposed to be held. Other rules governing the is...
Views: 1
By decision filed February 6, 1930 (103 Cal.App. 741
[285 P. 336, 286 P. 471]), the appeal in this case was dismissed, on the authority of another decision of same date in Berg v.Traeger, (Cal.App.) 285 P. 332. The ground of decision was that this court did not have jurisdiction of the appeal. (210 Cal. 323 [292 P. 415].)
In Berg v. Traeger a hearing before the Supreme Court was granted, and that ...
Views: 10
Plaintiff sued for damages for breach of contract. Defendant answered setting up fraud in the execution of the contract and filed a cross-complaint seeking $2,500 paid to plaintiff upon the execution of the contract. The cause was tried before a jury which returned a verdict against plaintiff on his complaint and awarded defendant $2,500 on his cross-complaint. Plaintiff appeals on a bill of excep...
Views: 1
Page 1075
Plaintiff brought an action for money had and received seeking to recover the sum of $7,000 paid to defendants as a deposit on the purchase price of certain real property. Trial was had before the court sitting without a jury. From a judgment in favor of plaintiff, defendants appeal.
The property involved consisted of a dwelling-house in Beverly Hills owned by defendants. The purchase price was $6...
Views: 3
The three above-entitled actions were consolidated and tried together before the court sitting without a jury, and judgment was entered in favor of the plaintiff in each case. The appeal is from these three judgments. All the proceedings are included in one record.
Florence Clemow and Floyd Clemow are husband and wife, and are the defendants in all the cases. The plaintiffs in the first case are t...
Views: 19
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 3
This is an appeal from a judgment denying the petition to probate a will on the ground of lack of testamentary capacity.
Barney Alexander died February 25, 1929, in Napa County, aged ninety-nine years. He left surviving him a widow sixty years of age and se...
Views: 15
Guy B. Chandler died intestate, and his estate, is in the course of administration in the Superior Court of San Bernardino County. The respondent herein is the widow of the deceased and the administratrix of his estate, and the appellants are children of the deceased by a former marriage.
On October 7, 1930, the respondent administratrix filed a petition for permission to execute a deed of trust i...
Views: 0
THE COURT.
A judgment for damages after verdict by a jury was entered against the defendants in the above-entitled action and separate appeals taken therefrom, which have been presented on separate records. [1] The appeal taken by the defendant Citraro has been this day determined adversely to his contentions (Edgar v.Citraro (No. 6865), ante, p. 163 [297 P. 645]), and all of the points urged by t...
Views: 0
THE COURT.
Separate appeals were taken by the defendants Pratt and Citraro from a judgment for damages entered against them, after verdict by a jury, in the above-entitled action; and the appeals are presented on separate records. [1] All of the grounds urged for reversal by both defendants were considered and determined in the adverse decision we have this day filed in the appeal taken by the def...
Views: 0
THE COURT.
This appeal, taken by the defendant Pratt from the judgment for damages entered herein against both defendants, after verdict by a jury, is companion to the one taken by the defendant Citraro from the same judgment, the appeals having been presented on separate records. [1] We have this day determined the latter appeal adversely to the contentions of the appellant therein (Edgar v. Citr...
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MEMORANDUM CASES.
THE COURT.
Plaintiffs obtained a judgment for damages against both of the defendants in the above-entitled action, and the latter took separate appeals which are presented on separate records. [1] On the companion appeal, taken by the defendant Citraro, which we have this day held to be without merit (Edgar v. Citraro (No. 7069), ante, p. 183 [297 P. 653])...
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This is an appeal from an order granting the petition of respondent Iris MacPherson for partial distribution.
The property involved is a diamond ring. The argument for reversal of the order is based entirely upon appellants' construction of the terms of the will. The testator left an olographic will providing that his money was to be "divided between" his brothers and sisters; that his bonds were ...
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The proponents of an alleged lost or destroyed last will and testament of John H. Coolman, deceased, appeal from an order and decree denying probate of the same and directing the issuance of letters of administration.
The facts of the case are not controverted. It appears that the testator called at the offices of his counsel on November *Page 745
14, 1928, and discussed the matter of altering hi...
Views: 0
The plaintiff, Fred H. Zumwalt, a physician and surgeon, brought this action against Jacob Schwarz, also a physician and surgeon, and the executors of the last will of Charles W. Haas, deceased, to recover the sum of $1500 claimed to be due for medical services rendered by plaintiff to the deceased during his lifetime, and upon trial a jury awarded him a verdict against all of the defendants for t...
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On petition for rehearing, after the entry of an order denying petition for writ of certiorari. One of the reasons for denying the petition for the writ was that the application should have been made to the superior court rather than to this court. While the jurisdiction is concurrent, the rule of practice is that where the application might have been lawfully made to a lower court in the fir...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 721
Action for fraud. Upon a trial by jury, judgment upon the verdict was entered in favor of plaintiff and against defendants for the sum of $15,500. The trial court thereafter denied defendants' motion for judgment notwithstanding the verdict and denied def...
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This is an appeal from a judgment in favor of respondent Rightman in an action to establish and foreclose a materialman's lien.
Respondent Rightman is the owner of a certain store building and let a store therein to L.C. Parslow Stores Co. The Parslow Company purchased lumber and similar material from appellant of the value of $260.60, which was used to equip the store for use by it. Appellant cla...
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A.T. Hammons, superintendent of banks of the state of Arizona and ex-officio receiver and in charge of the Bank of Winslow, an insolvent banking corporation of the state of Arizona, brought this action against these defendants residing in the state of California, for the purpose of enforcing and collecting their "double liability" as stockholders of the Bank of Winslow. Before trial, the action wa...
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This is an appeal from a judgment in favor of the respondent on a claim against the decedent's estate, which claim was based upon a document (plaintiff's exhibit 1), in words and figures as follows:
"In event of my death I direct my executor, Philip Goodell of Montclair, New Jersey, to pay to Cecil E. Reynolds the sum of Five Thousand Dollars ($5,000.00) in consideration of the transfer to me of l...
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Plaintiff sued upon a policy of insurance providing indemnity in the operation of a certain automobile. The cause was tried by the court without a jury. Plaintiff had judgment and defendant has appealed on typewritten transcripts.
While the automobile was being driven by plaintiff's minor son a collision occurred. Suit was commenced against plaintiff for damages. The matter was settled and judgmen...
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This is an appeal from a judgment entered upon an order sustaining defendants' demurrer to plaintiffs' third amended complaint without leave to amend. The complaint is an attempt to state an action sounding in damages for fraud and deceit alleged to have been practiced upon plaintiffs by defendants in a certain loan transaction which is set forth in the complaint. All of the defendants are directo...
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This is an action in equity, brought for the purpose of setting aside a judgment obtained by the defendant herein against these plaintiffs in another action now pending in the Superior Court of Los Angeles County. In that other action, Frank T. DeTray and Ethel B. DeTray were suing R.C. Chambers and his wife for damages growing out of an automobile accident. Chambers and his wife answered, and at ...
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This is a proceeding in equity which is brought for the purpose of setting aside, vacating and annulling interlocutory and final decrees of divorce which were entered in an action wherein appellant was defendant and respondent plaintiff. The trial court found for respondent upon all issues, holding that both of said judgments were valid. The appeal is taken from the judgment entered upon said find...
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This is an appeal by defendant, Charles Granelli, from a judgment entered against him in the sum of $534 upon an account stated. The action was brought to recover attorney's fees for services rendered to defendant, and moneys expended for his use and benefit, by the law firm of Hubbard Hubbard, the plaintiff's assignors. The case was tried before the court without a jury.
The complaint, among oth...
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This appeal and the appeals in the Estate of Brenhart (No. 7782), post, p. 766 [297 P. 931, and Estate of Slingsby
(No. 7783), post, p. 767 [297 P. 931], are presented upon separate records, but upon one set of *Page 682
briefs, pursuant to an order of consolidation. Each appeal is taken from the order and decree settling the final account of the executor and appellant.
We deem it unnecessary to ...
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THE COURT.
[1] The respondent having in open court consented to remit all the judgment above the sum of $249, and it appearing to the court that there is nothing involved in the appeal except the question of the sufficiency of the evidence, and it further appearing that the evidence is fully sufficient to support a judgment in that amount, the judgment is modified to read $249 and as so modified i...
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Page 1101
This is an appeal by the widow from an order for discontinuance of family allowance, from an order for ratable distribution, and from a decree of settlement of final account and final distribution in the matter of the estate of Alfred May, deceased. Appellant in her briefs has ignored the appeal from the first and second order, and accordingly we will confine our attention to the third point.
The ...
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THE COURT.
Petition for writ of prohibition.
It appears therefrom that Mary Hickman died on March 3, 1930. Thereafter an instrument in writing, purporting to be her last will and testament was filed by A.B. Costigan, one of the executors thereof. Costigan subsequently applied to be appointed special administrator of said estate. One Robert L. Dallas filed his answer to said petition and prayed tha...
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This is an appeal from a writ of mandamus directed against the appellant as sheriff of Yuba County to compel him to pay to the assignee of a judgment creditor an amount of money recovered upon the levy of an execution, but which was subsequently returned to the judgment debtor under order of the court.
In an action of assumpsit which was tried in Yuba County, entitled Duryea v. Johnson, the plaint...
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In their petition for rehearing appellants call attention to the fact that the author of the opinion herein was not present at the hearing of the oral argument and therefore that the. opinion' should, in the absence of a stipulation covering the matter, have been written by one of the justices present at such oral presentation. In answer to this it is only necessary to remind counsel that immediat...
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I dissent. The trial court gave the following instruction: "It is the duty of all persons so to use their property so as not to cause injury to others and a failure to perform said dutyconstitutes negligence." This is more than an inapt expression of the law. It is an entirely erroneous definition of negligence. It was the duty of defendants to exercise ordinary care in the use of their property s...
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Respondent was the owner of a bungalow court in the city of Los Angeles. On or about September 1, 1923, she entered into a written lease of this property with the defendant Mary Bastian. The term of the lease was for five years at the monthly rental of $315, payable in advance on the first day of each month. On or about November 19, 1923, Mary Bastian assigned the lease to Mrs. H.K. Herbert, the a...
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This is an action for damages arising out of a collision between plaintiff, a bicyclist, and defendant's motor-truck. A verdict in the sum of $3,000 was rendered for plaintiff by the jury, and the appeal is prosecuted from the judgment.
Plaintiff, a minor, was riding his bicycle along Main Street, in the town of Campo Seco. The driver of defendant's truck backed out of an alley which intersected M...
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This is an action to recover damages for the death of the mother of the plaintiff minor. The events because of which Mrs. La Paughl lost her life occurred upon a dark and very rainy night, on Twenty-third Street, near its intersection with Oak Street, in Los Angeles. A truck driven by defendant Watkins was proceeding westward on the numbered street, the driver having with him as a passenger one Ho...
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H.H. Foster and Rena E. Foster, husband and wife, the plaintiffs and respondents, each filed separate complaints in the superior court for damages for alleged malicious prosecution, against the defendant and appellant, Maude Stock Banks. Afterward on stipulation to that effect an order was made consolidating the cases for the purposes of trial, the jury to return one verdict in both cases, one mem...
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It is provided by statute that "Every person who within the State of California . . . possesses any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag or metal knuckles . . . shall be guilty of a felony. . . ." (Stats. 1923, p. 695; Deering's General Laws (1925-1927 Supp.), Act 1970.) The foregoing quotation, which is from section 1 of the act as am...
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The defendant was convicted under a charge of grand theft, he made a motion for a new trial, his motion was denied and he has appealed from the judgment and order and has brought up typewritten transcripts.
For several years prior to 1924 the defendant was an attorney at law practicing his profession in San Francisco. On September 25, 1924, he was appointed administrator of the estate of John Quin...
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Guy B. Chandler died intestate, and his estate is in the course of administration in the Superior Court of San Bernardino County. His widow is administratrix of the estate, and two children by a former marriage are appellants herein. The respondent administratrix filed a petition for permission to mortgage certain property belonging to the estate, on July 7, 1930, the hearing of which was set b...
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Guy B. Chandler died intestate leaving, among other things, three pieces of real property which are described in the inventory and appraisement as parcels 1, 2 and 3. His heirs at law and next of kin are a son and a daughter by a former marriage, who are petitioners and respondents in this matter, and his widow, who is administratrix of his estate and the appellant herein. A return and report havi...
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[1] In the court below respondents made a motion to strike out certain portions of an answer filed by appellants, which motion was granted. Appellants made a motion to vacate and set aside the foregoing order and another motion for an order giving them leave to file an amended answer. Both of the latter motions were denied. They have filed a notice of appeal in which they attempt to appeal from th...
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This is an appeal on the part of the interveners from that portion of a judgment in favor of plaintiff which declares that the defendant Elich was the owner of $1493.36, the proceeds of the sale of 2,000 ties, and that plaintiff's attachment on said proceeds is valid.
For several years the interveners had been financing the defendant Elich in the manufacturing and sale of ties. The defendant Elich...
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This is an appeal from a judgment for compensation of loss by fire which judgment was rendered pursuant to the terms of an insurance policy. It is claimed liability under this policy was waived by the insured by failure on his part to supply the company with sworn proof of loss as required by the contract.
The plaintiff Western owned a store building, together with fixtures and stock of merchandis...
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Plaintiff sued on an open book account and recovered judgment for $3,000. The defendant appeals on a bill of exceptions.
For many years prior to January 9, 1926, the plaintiff had been in the business of selling brick to the defendant under an agreement whereby the defendant from time to time made cash advances on request of the plaintiff and the latter billed the brick to defendant at $1 less tha...
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[1] This appeal from a judgment quieting title, being based upon the judgment-roll alone, does not permit consideration of alleged errors in the admission of evidence, of alleged insufficiency of the evidence to support the findings, or, of the alleged omission to make findings, but confines consideration to the single question as to sufficiency of the findings to support the judgment. (2 Cal. Jur...
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The appellant was convicted of the offense of grand theft in the Superior Court of Orange County and judgment was pronounced on November 22, 1930, on which day the appellant gave oral notice of appeal. No written notice of appeal was filed. The notice and application provided for by section 7 of rule II of the Judicial Council, promulgated for the Supreme Court and District Courts of Appeal, was f...
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The defendant pleaded guilty to the offense of grand theft in the Superior Court of Fresno County and judgment was pronounced on January 2, 1931. No oral notice of appeal was given by the defendant at that time, but written notice of appeal was served and filed on January 5, 1931, under the provisions of section1239 of the Penal Code, which provides as follows: *Page 549
"An appeal from a judgmen...
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This is an action for rescission of a contract to purchase real estate, and to recover the portion of the purchase price paid. The action is based upon the claim that the plaintiff was fraudulently shown a particular lot in a subdivision by certain of the defendants acting as agents for certain other defendants, and that after agreeing to purchase the property upon which they then stood, the plain...
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Judgment having been rendered in favor of the defendant, a mortgagee of real property, in an action against it by materialmen, based upon orders from the owner for payment of material bills from the amount of a loan, the plaintiffs appealed. The owner of real property in Los Angeles County executed to respondent corporation á mortgage to secure a loan for the payment of costs of labor and mater...
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Following conviction by a jury upon a charge of manslaughter resulting from recklessly driving an automobile, and the denial of a motion for a *Page 537
new trial, the defendant asked for probation, which was also denied. He appealed from the judgment and from the order denying a new trial.
[1] Appellant has minutely reviewed the evidence in his briefs, and while it is stated therein that he ente...
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Benjamin Fink has appealed to this court from a judgment which was rendered against him in the lower court in an action which here may be considered as having been brought for the sole purpose of recovering a judgment against each of several named defendants on account of his liability as a stockholder in a corporation. *Page 534
Regarding the liability of defendant Fink as such stockholder, the ...
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The present appeal comes before us on the judgment-roll alone. The only questions presented go to the sufficiency of the complaint and the sufficiency of the findings made, following, as the findings do, the facts alleged in the said complaint. It is to be noted that the briefs of counsel filed herein indicate a desire to argue everything except the points in issue. Although much of the argument i...
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The action was commenced to recover damages alleged to have resulted to plaintiff from an assault made upon her by the defendant. The complaint characterized the assault as unprovoked and malicious and alleged numerous injuries sustained and asked damages, both compensatory and punitive. The trial was by jury and the verdict was in favor of the plaintiff in the sum of $3,500. On motion for a new t...
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This is an appeal from an order purporting to modify a decree of divorce in so far as said decree provided for the payment of alimony by the defendant to plaintiff. The facts are not disputed. Plaintiff had obtained an interlocutory decree which provided that defendant pay to her a certain sum monthly for a period of two years and a less sum thereafter until further order of the court. A year havi...
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Vrena A. Rosenkranz gave to appellant, upon terms therein expressed, an exclusive option to purchase her real property "free and clear of encumbrance". After her failure to perform, upon the exercise of his option, appellant, alleging she acted in bad faith, sued to recover under section 3306 of the Civil Code "the difference between the price agreed to be paid and the value of the estate agreed t...
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Motion to dismiss an appeal upon the ground that the appellant has not complied with the requirements of section 7 of rule II of the Rules of the Judicial Council promulgated for the Supreme Court and District Courts of Appeal, which provides as follows: "Upon an appeal by the defendant from a judgment of conviction or from an order denying his motion for a new trial, or from an order made after j...
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This is an appeal from a decree settling and fixing the inheritance tax in the estate of Margaret M. Clampitt, deceased, at the sum of $54,830.64. *Page 503 [1] The basic reason for the appeal is the inclusion in the estate as property upon which the tax is computed, of certain properties which it is claimed by appellants passed by deeds executed by Margaret Clampitt in her lifetime to her two chi...
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The appellant raises two points: First, that the evidence is insufficient to sustain or justify the conviction, and second, that the court erred in matters of law in instructing the jury.
[1] Eliminating the evidence of the admitted accomplices, there is ample and sufficient evidence to sustain the conviction. The court by its instructions left to the jury the question as to whether or not certain...
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Appeal from an order granting a new trial after verdict and judgment for defendants. *Page 499
The action was one for wrongful death and arose out of a collision between a light Ford truck driven by decedent and a De Martini truck driven by appellant Patten. One of the grounds specified by the court in its order granting a new trial is insufficiency of the evidence to justify the verdict, and the...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 489
This is an appeal from an order in a probate proceeding denying the petition of the widow of the decedent to have set aside to her a probate homestead. Fred J. Wyss died on April 19, 1928. His will was admitted to probate on May 11, 1928. In this will, da...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 467
This is an action to recover from an insurance carrier the amount of a judgment rendered against the insured in favor of a guest injured while riding in an automobile. Respondent recovered judgment from the insurance carrier by whom this appeal is prosecu...
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This is an action to recover from an insurance carrier the amount of a judgment rendered against the insured in favor of a guest injured while riding in an automobile. Respondent recovered judgment from the insurance carrier who prosecutes this appeal.
This is a companion action to the cases of Bachman v.Independence Indemnity Co., (Civ. No. 298) post, p. 465 [297 P. 110], and Bachman v. Independe...
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The plaintiff had judgment against the defendants for the sum of $2,050, based upon a complaint setting forth two causes of action. From this judgment the defendants appeal.
This first cause of action set forth in the plaintiff's complaint alleges the lease of certain lands and premises in Stanislaus County, whereby the plaintiff leased to the defendants the premises described in the complaint, an...
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The plaintiffs commenced an action to recover a judgment for money. The defendants answered denying the allegations of the complaint. A trial was had before the trial court sitting without a jury. The court made findings in favor of the plaintiffs and from the judgment entered thereon the defendants have appealed.
The defendants assert that plaintiffs did business with them knowing that they were ...
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Appeals by the husband in an action of divorce for desertion, from that part of the interlocutory decree awarding the wife the sum of $35 a week as permanent alimony and $100 as attorney's fees, and also from an order granting her, during the pendency of the first appeal, the sum of $25 a week alimony and additional attorney's fee for such appeal.
[1] As to the appeal from the order, the bill of e...
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THE COURT.
The defendant was charged by an information filed in the Superior Court of Monterey County with the crime of extortion, to which he entered a plea of not guilty. A jury returned a verdict of conviction, and he has appealed from the judgment entered thereon.
As grounds for his appeal it is alleged that the information failed to state facts constituting a public offense; that the verdict ...
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In substance, the facts necessary to a decision in the pending appeal are that by the terms of a contract entered into between plaintiffs on the one side and defendants on the other, defendants agreed to sell to plaintiffs, and plaintiffs agreed to buy from defendants, certain real and personal property at a fixed price, to be paid partly in cash and the remainder of the purchase price by a mortga...
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Plaintiff sued for an injunction and for an accounting. The interveners entered the litigation for the aid of plaintiff. Judgment went for plaintiff and interveners, awarding them a permanent injunction and damages. The defendants appeal upon a bill of exceptions.
Plaintiff and one Horwitz executed a written contract whereby the former agreed to purchase and the latter agreed to sell and deliver t...
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Plaintiff sued for damages for the alleged wrongful attachments of personal property used by him in drilling an oil-well. The defendants are the sheriff, his bondsman, and the attaching plaintiff. The cause was tried without a jury and resulted in a judgment for all defendants. The plaintiff appeals on a bill of exceptions.
Behr and White entered into a contract with plaintiff wherein the latter a...
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THE COURT.
Motion to dismiss appeal.
[1] It appears from the record that on November 4, 1929, plaintiff filed a notice of appeal from a judgment in favor of defendant. No bill of exceptions has since been prepared nor has any transcript been settled under section 953a of the Code of Civil Procedure, and all proceedings for such settlement were terminated and dismissed on the sixth day of February,...
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These two cases have been consolidated on appeal because they involve complaints based upon identical facts and contain identical allegations. Demurrers were sustained to the amended complaints in each case and appeals are prosecuted from the judgments which followed.
The complaints in substance allege that plaintiffs and appellants were witnesses to a certain will and were called as witnesses at ...
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The plaintiff had judgment against the defendant for the return of 119 warrants of Reclamation District No. 2047, or the value thereof, in the event that the return of the warrants could not be had. From this judgment the defendant appeals.
The findings made by the trial court establish the following facts: That J.F. Wilkinson, deceased, died on or about the twenty-third day of January, 1924, in t...
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The defendant Cary Company, a copartnership, was organized in the late fall of 1924. On January 1, 1925, pursuant to paragraph 3, section 5, Corporate Securities Act, as amended in 1923 (Stats. 1923, p. 90), Cary Company, as principal, and the appellant indemnity company, as surety, executed and delivered a bond to the state of California in the penal sum of $5,000. This bond was executed in con...
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This action is one to determine conflicting claims to the benefits of a life insurance policy. Judgment in the court below was for the plaintiff. The policy in question was one issued by the Bankers Life Company, a corporation, and according to the terms thereof a certain amount of money was to be paid to the named beneficiary *Page 404
upon the death of the insured, one John J. Jenkins. It is un...
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The action is one to have declared and determined the rights of C.F. Goodwin, former plaintiff (for whom F.W. Fawkes and Hiram C. Hubbard, as executors of the Estate of C.F. Goodwin, Deceased, have been substituted), as the owner of ten (10) shares of the preferred capital stock of the defendant corporation, and to recover cumulative dividends thereon, amounting to the sum of $426.33.
The trial co...
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Appellant sued the city of Pomona and the individual members of its board of education for *Page 372
the death of his son, who was killed by the fall, upon his body, of the supporting framework of a "tackling dummy" which he was then using. Respondents' liability, as alleged, is based upon their negligent erection and maintenance of the "tackling dummy" upon the campus of a junior high school, wh...
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The defendants were in the business of purchasing fresh grapes in the San Joaquin Valley and shipping the same to and selling them in various eastern markets. It is an admitted fact that shippers of such grapes frequently suffered loss and damage by reason of decay and mold of the grapes, when shipped in ordinary refrigerator-cars. In September, 1927, the defendants entered into two contracts with...
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This is an action in unlawful detainer to recover possession of certain real property leased by plaintiffs to defendants for a term of years. The written instrument of lease contained covenants by the lessees that they would not commit any waste on the premises and that they would not, without the written consent of the lessor, sublet the leased premises or any part thereof. At the conclusion of t...
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This is an appeal from a judgment in favor of the plaintiff and against the defendant. This action was upon an employment contract evidenced by the following document:
"Mr. J.B. Redd, "7342 Jasmine Avenue, "Palms, California.
"Dear Sir:
"Confirming our conversation of Tuesday, February 19th, 1924, regarding your employment commencing March 15th, 1924:
"1 – For and in consideration of your undivide...
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This is an appeal from an order granting a new trial after judgment by default had been rendered against the respondent. A motion to dismiss the appeal was also made on the ground of a defective notice.
The plaintiff brought this action for damages for personal injuries alleged to have been sustained while riding as a passenger in an autostage owned and operated by the defendants. The suit was bro...
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This cause is before us upon an appeal from an order settling plaintiff's cost bill and refusing to strike out certain items. The record shows that in an action tried in the superior court of the county of Shasta, both the plaintiff and the defendants were awarded their costs, and at the conclusion of the trial, both the plaintiff and the defendants filed their cost bills in which they set out as ...
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This is an appeal from a judgment in favor of defendants and from an order of the trial court denying a new trial. The defendant E.D. Leavitt Company, a California corporation, secured from the commissioner of corporations a broker's certificate and filed a bond in the sum of $5,000 as required by section 5 of the Corporate Securities Act (Act 3814, p. 1376, Deering's Cons. Supp. 1925-27). The su...
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As presented to the court by appellant, the appeal herein is based solely upon the contention that the district attorney, in the trial of the case, was guilty of misconduct prejudicial to the defendant. The conduct of which appellant complains had relation to an attempt made by the district attorney to ascertain whether or not the defendant would permit the prosecution to call the defendant's husb...
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The defendant was convicted of the crime of murder of the first degree and was sentenced to imprisonment for life. He became intoxicated and went on a rampage. He shot and killed three men. His excuse for the killing was that these men had beaten him the night before the fatal shooting until he became insensible and then robbed him of his money. His defense to the charge of murder was that the bea...
Views: 4
By a separate information, each of the defendants was charged with the crime of robbery; also with *Page 616
a prior conviction of a felony. By stipulation of the several interested parties, the two actions were tried simultaneously. From a judgment of conviction, as well as from an order by which his motion for a new trial was denied, each of the defendants has appealed to this court.
The detail...
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Defendant was tried upon an information charging the crime of forgery. The jury returned a verdict of guilty and from the judgment upon the verdict and from the order denying his motion for a new trial the defendant has appealed upon a typewritten record.
The facts of the case upon which the jury's verdict of guilt was based are that the defendant on February 17, 1930, opened an account with the B...
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This action was brought to recover a real estate broker's commission. From a judgment in favor of plaintiff, defendant appeals.
The court found that defendant had executed a written listing and authorization for the sale of the property and agreed therein to pay a commission to plaintiff; that plaintiff procured a purchaser ready, able and willing to purchase the property on the terms set forth; t...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 597
This is an action instituted by respondents to recover damages alleged to have been sustained by them by reason of certain false and fraudulent representations made by appellant which induced the respondents to enter into a contract for the purchase of an...
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This is an appeal from a decree quieting title to an unimproved lot at Hermosa Beach, valued at $600.
In February, 1922, Sarah W. Hughes and A.S. Hughes, husband and wife, owned lot 89, Walter Ransome Company's Venable Place of Los Angeles County according to the map of that tract recorded in book 9 of maps, page 150, Los Angeles records. February 6, 1922, the plaintiff purchased that lot from the...
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The defendant Peters-Rhoades Company, a corporation, appeals from a judgment in favor of the plaintiff for a balance alleged to have been due upon a promissory note secured by deed of trust, after foreclosure and sale of the real property, and application of the proceeds toward payment of the indebtedness.
It appears from the complaint that the defendants Haden were in 1919 the owners of certain r...
Views: 0
The district attorney filed an information against the defendant charging him with having committed three felonies: (1) An assault with intent to commit *Page 580
rape; (2) an assault with intent to commit the crime of kidnaping, and (3) a charge of grand theft. The defendant appeared and pleaded not guilty. A trial was had before the trial court sitting with a jury. During the trial the second c...
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This is a suit for damages for personal injuries. The cause was tried by the court without a jury. Judgment was entered in favor of the plaintiff for the sum of $5,732.45. The defendant has appealed from said judgment. The appeal is based upon the ground that the findings of the trial court, as follows: That preceding and at the time of the accident the plaintiff was exercising reasonable and ordi...
Views: 0
The plaintiffs commenced an action against the defendant to recover moneys alleged to be due on an oil lease. The defendant answered and from a *Page 570
judgment in favor of the plaintiffs the defendant has appealed. In their complaint the plaintiffs pleaded the lease in haecverba, and further alleged that certain rentals had accrued and had not been paid. In his answer the defendant made certai...
Views: 3
This is an appeal from a judgment in favor of defendant and against the plaintiff.
Plaintiff brought the action for damages alleged to have been sustained by her due to certain alleged fraudulent representations of the defendant in the exchange of lot 27, tract 3357, referred to at the trial as the Seaver lot, which lot and other real estate and cash were exchanged for certain property belonging t...
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The plaintiff brought action for judgment on the following subscription agreement: “Tucson, Arizona, July 12, 1922. “I agree to pay one thousand Dollars for 200 shares of the stock in the Saturday Morning Musical Club Building Fund at $5.00 per share, to be paid when building is- started. First payment $----, the balance to be paid before January 1, 1923. “Address: “236 South Scott. Max V...
Views: 0
This is an original proceeding in mandamus. Upon the filing of the petition an order was issued requiring respondents to show cause why a peremptory writ should not issue to compel respondents to examine petitioners for licenses as embalmers under chapter 140, Statutes of 1929, page 258.
The sole question here involved is whether that portion of section 5 of the act relating to the requirement tha...
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The plaintiff commenced an action against the defendant to recover damages alleged to have been, incurred by reason of slander. The defendant 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 the judgment entered thereon the defendant has appealed and has brought up typewritten transcripts. In her first point ...
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THE COURT.
The above action was brought by Frank Blackhurst and Harry Blackhurst, individually and as trustees, and by Sarah Jackson and Allen Hemstreet, against the administrator of the estate of Jabez Blackhurst, deceased, and Kate Blackhurst Wilbur, to enforce a trust upon a parcel of land in the city of Santa Monica described as lot Y in block 120 according to certain maps recorded in book 3 a...
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This is an original petition filed in this court praying for a writ of mandate commanding respondent *Page 540
to make and issue an assessment to cover the sum due for work performed and materials furnished in the completion of a contract under the "Improvement Act of 1911", and attach thereto a diagram of such assessment, together with a warrant for the amount due.
The city of Fresno is a munici...
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The respondent moved to dismiss this appeal upon the following grounds, to wit: 1. No transcript on appeal, nor points and authorities in support of the appeal have been filed herein. 2. Proceedings initiated by appellant under section 953a of the Code of Civil Procedure were terminated adversely to appellant in the trial court on motion of respondent.
An appeal was taken from the trial court's or...
Views: 0
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THE COURT.
This cause is before us on appeal from a judgment entered in favor of the defendants in an action where the plaintiff sought to recover a penalty, as provided by the second subdivision of section 3 of the Initiative Act, adopted at the general ...
Views: 6
This is an appeal from an order denying the defendants’ motion to set aside a default judgment. The transcript in this cause, among other things, sets forth a copy of the opinion of the trial court, stating the reasons why the appellants’ motion was and should be denied. An examination of the record discloses that everything contained in the opinion of the trial court is amply supported, and th...
Views: 0
Plaintiff brought this action against defendant bank to enforce an express trust and to obtain a judgment declaring the respective rights of plaintiff and the several defendants. The trial court sustained the demurrer of the defendant bank and defendant Gay Engineering Company to plaintiff's amended complaint without *Page 510
leave to amend and from a judgment thereupon entered in favor of said ...
Views: 3
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The defendant Oliver G. Wallace has appealed from a judgment rendered against him in the amount of $3,184 and costs. The language of the decree from which defendant appeals is as follows: "It is ordered, adjudged and decreed that plaintiff, Nell Leone Wal...
Views: 1
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This is an appeal from a judgment entered in favor of respondents for damages resulting from the death of Peady Gilbert Lindsey. The case was tried before a jury.
Respondents are the widow and minor children of Peady Gilbert Lindsey, deceased, who was kil...
Views: 5
Two actions were commenced in the court below by the plaintiff Pendergrass, the one against Josephine M. Axx individually for money had and received in the sum of $1200, and the other against her in her representative capacity as executrix of the last will and testament of Ada F. Brinkworth, deceased, to recover, first, the sum of $471.50, the value of certain property claimed by the plaintiff to ...
Views: 9
The plaintiff commenced an action against the defendants to impress a trust on a lot in Los Angeles County. The defendants A. E. Yewell and Alice K. Yewell answered. The defendant A. O’Connell did not an *473 swer and her default was entered. The trial court made findings in favor of the plaintiff and from a judgment entered thereon the defendants have appealed. The defendants make several atta...
Views: 0
As the assignee of Oliver 0. Clark the plaintiff commenced an action against the defendants to recover a sum alleged to be due and unpaid for services as an attorney at law. The defendants answered and a trial was had before the trial court sitting without a jury. The court made findings in favor of the plaintiff and from a judgment entered thereon the defendants have appealed and have brought ...
Views: 0
THE COURT.
This action was brought to foreclose a mechanic's lien filed by plaintiff on certain real property owned by defendants Isadore Reese and Ida Reese, who will be hereinafter referred to as the appellants.
Appellants entered into a contract with defendants C.W. Kreis
Son pursuant to which the latter constructed a building upon the premises. Following the execution of this contract the pla...
Views: 1
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THE COURT.
This action was brought to recover damages for the alleged breach of a contract. The jury returned a verdict for the plaintiff in the sum of $3,000. Defendants' motion for a new trial was denied, and they have appealed from the judgment entered...
Views: 14
By the complaint the plaintiffs alleged that on January 12, 1925, defendant received the sum of $1256.50 to and for the use of plaintiffs. The complaint further alleged demand for payment, refusal of payment and nonpayment. The answer of defendant denied that at the time stated or at any time he received said alleged sum, or any sum, to or for the use of plaintiffs; and admitted the demand and ref...
Views: 0
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This is an action for damages. The first count of the complaint is for the sum of $10,800, alleged to have bee...
Views: 0
This is a separate appeal on *Page 445
the part of West Side Transit Company from a joint and several judgment for damages for personal injuries sustained by Mrs. Holahan which were caused by the dislodging of a timber used as a part of a canopy which was constructed over a sidewalk for the protection of pedestrians.
The facts of the case are related in greater detail in the opinion this day file...
Views: 4
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This is an appeal on the part of the individual members of C.T. McGrew Sons, a copartnership, together with t...
Views: 7
This action was brought by the surviving husband and three minor children of Mrs. Elizabeth Pair, for damages for her wrongful death resulting from an automobile collision.
On the tenth day of April, 1928, the deceased was driving a Nash automobile south on Alameda Boulevard near Bennett Street, in the city of Compton; she was accompanied by Cornelia Huffman, whose husband was the owner of the mac...
Views: 1
This is an action upon a note in the sum of $1600, executed by defendant to the order of one E. IT. Mauzy, one of the plaintiffs, and who assigned same to the parties bringing this suit.
The circumstances under which the note was given were, briefly, as follows:
In September, 1925, E. H. Mauzy, one of the plaintiffs, and one Darnell, as agent for the remaining plaintiffs, entered into...
Views: 0
Page 1195
This case is before the court upon an appeal by the plaintiff from a judgment in favor of the defendant. It appears from the record that pending the appeal the defendant C.A. Sutton-Watts has died; that Lyman B. Parks, the administrator of the estate of said deceased, has been substituted as the defendant in this action.
It appears from the evidence that on or about August 22, 1921, the defendant ...
Views: 1
This action was brought by respondent against appellant to recover the sum of $2,153.88 for building materials furnished appellant by respondent. In his answer appellant admitted the purchase of said building materials but alleged that said materials were delivered to him to be used in the construction of a certain apartment hotel in Oakland under an oral understanding and agreement that seventy-f...
Views: 2
Appellant, as the assignee of Lockwood-Shackelford Company, a corporation, brought suit to *Page 404
recover the value of advertising services alleged to have been rendered defendants at their special instance and request and for which it is alleged defendants promised and agreed to pay the sum of $3,311.93. The defendants Green Manufacturing Company, a copartnership, F.J. Piper, Charles E. Smock...
Views: 2
This is an appeal from a judgment of the superior court affirming on writ of certiorari an order of the respondent Board of Medical Examiners wherein they found appellant guilty of unprofessional conduct and revoked his license to practice medicine and surgery in the state of California.
The complaint as originally filed and sworn to alleged that appellant "by means of instruments and medicinal pr...
Views: 8
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THE COURT.
The above action was brought by Rose A. Bohn individually and as executrix of the last will and tes...
Views: 3
James Steiner commenced an action in respondent court against petitioner in this proceeding. Later he filed an amended complaint therein. This pleading was in two counts. It was alleged in the first count, in effect and among other things, that Steiner was injured on the head by a falling steel bar while in the course of an employment under petitioner and that the injury arose out of the employ...
Views: 6
This is an appeal upon the judgment-roll from a judgment against plaintiff in the superior court after defendants' demurrer to the complaint was sustained.
Plaintiff filed his complaint to enjoin respondent City of Huntington Park, its mayor, chief of police, trustees and councilmen from arresting or otherwise interfering with plaintiff in the distribution of an advertising publication in said cit...
Views: 6
Defendant was found guilty under a charge of robbery in the first degree. He appeals from the judgment of conviction and from an order of the trial court denying his motion for a new trial.
[1] Appellant insists that the testimony of the witness Hansen was insufficient to show an identification of appellant as the individual who committed the alleged robbery. It is said that the witness claimed to...
Views: 8
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THE COURT.
The plaintiff, David S. Pratt, nine years of age, through his guardian ad litem, brought an action for damages on account of personal injuries he sustained as a result of being struck by a Ford truck owned by the defendant Pacific Gas Electric...
Views: 8
This is an action for damages for breach of contract. The plaintiff was the owner of 160 acres of land in Kern County, acquired under an agricultural patent which reserved the oil rights to the government. She was also the owner of a "Prospecting Permit" issued by the department of the interior, giving her the right to prospect for oil or gas on this same property. As first party, she entered into...
Views: 1
This action was brought by Henry H. McMurry to recover damages against defendants for breach of contract. After the action was instituted, and before the trial, he died and Jessie M. McMurry, the administratrix of his estate, was substituted as plaintiff in his place and stead.
The contract upon which the action is based was entered into by Henry H. McMurry and Jessie F. McMurry, his wife, with Fr...
Views: 7
The plaintiff had judgment on a surety bond *Page 335
executed by the appellant for and on account of materials furnished the defendant George A. Simpson Company, in the performance of certain work. From this judgment the Surety Company appeals.
The complaint alleges the furnishing of materials and the failure of the Simpson Company to pay therefor. The questions before the court are whether the ...
Views: 0
Respondent by his petition alleged facts showing that he had been first employed as a probationary teacher of the elementary grades in Lugo Elementary School District and had continued in that employment from the seventh day of August, 1924, until May 31, 1926, when he was re-employed as a permanent teacher for the next ensuing school year, to wit: September 13, 1926, to June, 1927, and under this...
Views: 1
The plaintiff Hiram Warren is the administrator with the will annexed of the estate of James E. Dawson, deceased. The plaintiff Minnie L. Engle is the executrix of the last will and testament of Bertha Dawson, deceased. The plaintiffs, acting in their representative capacity as aforesaid, commenced this action to recover from the defendants certain commissions alleged to be due on a contract of em...
Views: 0
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Plaintiff brought this action for damages based upon the alleged fraud of the defendants in a real *Page 313
estate transaction. The case was tried by the court sitting without a jury and from a judgment in favor of plaintiff in the sum of $4,215, defend...
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This is an appeal by the defendant National Surety Company from a judgment for $4,117.09 in favor of plaintiffs and against all defendants.
The action was brought by R.J. Kennedy and J.F. Alexander, partners under the fictitious firm name of Wilshire Plumbing Company, to recover a balance due them for labor and material furnished by them under a subcontract to Whiting, Boynton
Potts, appellant's ...
Views: 0
Action for an accounting. The complaint alleged that the parties engaged in a partnership in September, 1920, whereby the plaintiff was to obtain options on oil-bearing lands, and the defendant was to negotiate the same, the profits, realized therefrom to be divided equally between the parties. The answer denied these allegations,
*304
but admitted payment to respondent of certain ...
Views: 0
Plaintiff recovered judgment against defendant in the sum of $545.50, as damages for the conversion of an automobile. The trial court found that on November 25, 1927, the defendant loaned plaintiff the sum of $304.50, taking title to the latter’s automobile as security, giving hack to him a sales contract, whereby the defendant sold said automobile to him for the sum of $417.36, payable in twel...
Views: 0
Defendant was charged with the crime of murder. He was tried before a jury which returned a verdict of guilty and he was sentenced to imprisonment for life. He appeals from the judgment and from the order denying his motion for a new trial.
There is not, and could not well be, upon the record before us, any claim that the evidence adduced at the trial was insufficient to support the verdict, and i...
Views: 6
This action was begun by the plaintiffs to quiet title to lot 115, Mortimer's East Hollywood View Tract, as per map recorded in book 8, page 27, records of Los Angeles County. The defendants had judgment and the plaintiff Grace P. Warden appeals.
The defendants Barnes interposed denials to the respective allegations of the plaintiffs' complaint, and in their answer, by way of further defense, alle...
Views: 3
Respondent was the owner of an orange grove near the city of Corona in the county of Riverside. She was also the owner of 75 1/2 shares of the capital stock of the Temescal Water Company. This stock was found in the possession of appellant and upon his refusal to deliver it to her, this action was brought to compel the cancellation of certificate number 3725 issued for it, and the issuance of a du...
Views: 0
Page 1219
These two proceedings for the writ of review are directed at a single award made by the Industrial Accident Commission. Accordingly, they have been consolidated for hearing and determination.
On July 30, 1926, respondent Engelbert, then an employee of a corporation known as the Celite Company, was injured by a fracture of the tibia of his left leg. Petitioner in the two proceedings above entitled ...
Views: 0
This appeal purports to be one from a judgment of nonsuit. Whether it is will depend upon the conclusion reached upon the contention of the respondents that the appeal should be dismissed. Heretofore a motion was made by them for a dismissal of the appeal and was by this court denied. (Gullick v.Interstate Drilling Co., 100 Cal.App. 243 [279 P. 828].)[1] Since that time they have made a motion for...
Views: 14
These actions were brought by plaintiffs, respondents herein, to recover certain corporation license taxes paid by them under protest to Frank C. Jordan as Secretary of State, who was sued both individually and in his official capacity. The taxes were levied, assessed and collected under the provisions of the California Corporation License Tax Act (Stats. 1917, p. 371), which act had, prior to the...
Views: 3
Appellants seek reversal of the judgment rendered in the trial court on a verdict for $15,000 awarded respondent in her representative capacity as damages for the death of her husband, who was injured and died as the result of an automobile collision alleged by respondent to have been caused through appellants' negligence.
As grounds for reversal appellants urge that the negligence of appellants w...
Views: 1
By an information filed by the district attorney of Tulare County appellant was charged with the crime of burglary together with one prior conviction of a felony. He entered a plea of not guilty to the charge of burglary and a plea of guilty to the prior conviction. The jury returned a verdict of guilty of burglary in the second degree, and appellant prosecuted this appeal.
An unoccupied house bel...
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This is an appeal from an order denying a motion to vacate a judgment foreclosing a certificate of purchase.
The record shows that on or about January 11, 1887, James Herod became the holder of a certificate of purchase for section 16, township 28 south, range 29 east, M.D.B. M. No payments were made as required, and on the twenty-third day of July, 1890, a complaint in foreclosure of the certifi...
Views: 0
The petitioner, a person other than the littoral or riparian proprietor, filed an application for a permit to prospect for oil and gas upon a submerged area along the Pacific coast in Santa Barbara County. Thereafter, and within a period of six months, the Standard Oil Company of California filed an application as littoral or riparian proprietor for a permit to prospect upon a portion of the same...
Views: 0
Judgment was entered dismissing the action after and pursuant to an order sustaining demurrer to complaint. [1] From the complaint it appears that the plaintiff received certain injuries while engaged in work for the defendant. The facts alleged are sufficient to show that the injury arose out of and in the course of the employment, although there is no direct allegation to show this fact; and the...
Views: 1
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Views: 24
This appeal is prosecuted by the intervener Marie B. Gage from a judgment denying her any relief against an attachment on real property standing in her name, which was levied during the course of a suit against her husband, Arthur Gage, the defendant herein. *Page 214
In the latter suit the intervener filed a complaint in intervention, claiming ownership of the attached property. Her complaint in...
Views: 0
Action to recover a premium on a life insurance policy.
The basis of the action is an instrument in writing denominated by the parties as a promissory note. The instrument called the note reads as follows:
"$3277.50 December 20, 1922
"As endorsed hereon after date, for value received, I promise to pay to the order of myself Three Thousand Two Hundred Seventy-seven...
Views: 0
The defendant was charged in an amended information filed by the district attorney of Tulare County, with the crime of forgery and with two prior convictions of burglary. He entered a plea of guilty, admitted the priors, waived the time for pronouncing judgment and was sentenced on September 22, 1930, to imprisonment in the state penitentiary at Folsom. On October 1, 1930, he moved to set aside th...
Views: 0
The judgment rendered in favor of plaintiff covers the amount due on two promissory notes, which were set out in the first two counts of the complaint. About these items there is no controversy. The plaintiff appeals from the judgment because the court refused to allow the demand contained in the third count of the complaint, the amount thereof being $1543.09.
The action was commenced on September...
Views: 1
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Action for damages for personal injuries sustained by plaintiff in a collision between two automobiles.
The accident occurred on September 15, 1929, between 11 and 12 o'clock in the morning, at the intersection of Genoa and Aileen Streets in the city of O...
Views: 10
This is an appeal from a judgment which was rendered against the plaintiff in an action for damages for personal injuries sustained in an automobile casualty.
The defendant is a brother of the plaintiff. They lived in separate homes in Culver City. They were on friendly terms with each other. The defendant owned a Cadillac touring car. December 23, 1926, he handed his chauffeur, Jack Gironda, $40,...
Views: 2
Page 1235
[1] This is a motion to dismiss an appeal. The motion is based on the ground that the appellant did not file his brief within the time permitted by the rules of the court. The transcript was filed on October 6, 1930. The time for appellant to file his opening brief expired, therefore, on November 5, 1930. Notice of the presentation of this motion was served and filed December 10, 1930. The motion ...
Views: 0
The defendant was charged with the violation of the Corporate Securities Act of the state of California in an information containing eleven counts, each count being similar in form to the first one, which reads as follows: "Joe A. Smith is accused by the District Attorney *Page 178
of Riverside County and State of California, by this information of the crime of a felony, to-wit: violation of the ...
Views: 8
Appellant was charged with the crime of rape upon a female under the age of eighteen years, not his wife. He was found guilty of an attempt to commit rape and was sentenced to the penitentiary. He maintains that the evidence offered by the People was so inherently improbable that it will not support the verdict and judgment.
[1] No good purpose could be served by reviewing the testimony here in al...
Views: 0
Appellant filed this petition in the court below seeking a peremptory writ of mandate to compel respondent to issue a permit or lease to prospect oil and gas under the provisions of an act of the legislature approved May 25, 1921 (Stats. 1921, p. 404), on certain tide, overflowed or submerged lands in the city of Huntington Beach, California. For brevity we will hereafter refer to this act as the ...
Views: 8
The facts out of which this action arose are briefly as follows: W.H. Jenner and Ethel L. Sampson, sued herein as Mrs. Edyth Sampson, were doing business under the fictitious name of Paige Sales Service Company in Riverside, California, hereinafter called the dealer. The dealer made an arrangement with the appellant whereby appellant was to finance certain automobiles for the dealer. Under this p...
Views: 3
On December 10, 1925, an interlocutory decree of divorce was granted appellant against respondent and she was awarded the custody of their two minor children, Robert and Owen Baldwin, the respondent being required to pay appellant $17.50 per week for their support. This divorce was made final on December 18, 1926, and in November, 1927, appellant married one Sidney Garcia. Thereafter, in January, ...
Views: 13
This action was begun and prosecuted by the plaintiffs to recover as a penalty under the Usury Act three *Page 138
times the amount of interest alleged to have been paid by them to the defendant by reason of the transactions hereinafter referred to. The defendant had judgment and the plaintiffs appeal.
Two questions are presented to us in this action for our consideration: First – Was the transac...
Views: 5
THE COURT.
[1] The application is denied for the reason that petitioner has ample remedy by appeal. (Helbush v.Superior Court, 99 Cal.App. 501 [278 P. 1062].)...
Views: 3
By this proceeding it is sought to review an order of the municipal court refusing to vacate an order forfeiting bail; and also an order of the superior court denying a peremptory writ of mandate directed to the municipal court commanding it to vacate the order forfeiting bail and lastly to review an order sustaining a demurrer to a petition for a writ of auditaquerela.
The facts essential to a di...
Views: 1
This is an action brought to recover the value of five diamonds stolen from the plaintiff and later purchased by the defendants, who in turn disposed of the same.
The plaintiff recovered judgment in the sum of $900. The only point involved on this appeal is the contention of the defendants that the evidence is insufficient to sustain the lower court's finding as to the value of said diamonds.
The ...
Views: 4
This action was one originally brought by plaintiff, a licensed real estate broker, against defendant to have a trust declared in his favor in a certain promissory note and deed of trust to the extent of $5,000, said note and deed of trust being in the name of defendant.
Before the case came to trial the note and deed of trust ceased to exist by reason of its payment by the maker before maturity. ...
Views: 4
Defendant appeals from an order denying his motion to strike from the files plaintiff's memorandum of costs. The judgment in the action was entered and the memorandum of costs was filed on February 13, 1930, but the memorandum was not served within the succeeding five days, as required by section 1033 of the Code of Civil Procedure. On February 21, 1930, which was three days after the expiration o...
Views: 7
This is an appeal from a judgment which was rendered in favor of the plaintiff for one-half of the cost of extending a party-wall pursuant to contract. It was also against the defendants on their cross-complaint for damages on account of performing the work in violation of the terms of the agreement. The judgment was rendered on the theory that a city ordinance specifying the required thickness of...
Views: 4
In this case a demurrer to the complaint was interposed upon the ground that the facts stated did not constitute a cause of action and was sustained without leave to amend and judgment was rendered in favor of the defendants. From this judgment plaintiffs have appealed.
The complaint sets forth in substance that on the seventh day of June, 1923, some 125 owners of lots in the city of Los Angeles, ...
Views: 4
The grand jury presented an indictment against L.L. Bateman, Raymond Bateman, James Arp, and W.C. Dorris. The indictment was framed in two counts. In the first count it was charged that the defendants conspired to commit the offense of receiving stolen goods. In the second count it was charged that the defendants committed the offense of receiving stolen goods. The defendants pleaded not guilty. A...
Views: 2
THE COURT.
Application for stay of execution of judgment.
[1] Petitioners were tried and found guilty of robbery and burglary of the first degree. A writ of probable cause was prayed for and denied by the trial court. From an examination of the record we are of the opinion that there is no reason why a stay of execution should be granted.
The petition is denied....
Views: 0
Page 1251
THE COURT.
Application for a writ of prohibition to prohibit the trial court from hearing an anticipated contempt proceeding for failure to comply with a court order. *Page 108
[1] The petition does not set forth any of the court minutes, records, or citations from which it appears that any such proceeding is contemplated. The document set forth on page 5 of the petition is merely a subpoena, in...
Views: 2
This is an appeal from a judgment of nonsuit in an action to recover for personal injuries. The respondents have filed no brief. According to the evidence presented by the appellant in her brief she was standing on the sidewalk at the northeasterly corner of Sixth and Alvarado Streets in Los Angeles at about 12 o'clock noon on June 12, 1927. The intersection is provided with signals. She waited fo...
Views: 4
Originally, the action upon which this appeal is predicated was brought by the appellant herein for a divorce from the respondent. Incidental thereto were the major questions which are involved in this appeal and which relate to the validity of each of two provisions contained in the judgment, which respectively affect the custody of the minor child of the parties to the litigation and the approva...
Views: 3
The defendant was found guilty of the crime of manslaughter. The evidence discloses that on the evening of June 7, 1930, at about 8:30 P.M. at the intersection of Mt. Vernon and Rialto Avenues in the city of San Bernardino, one Mrs. Minear was struck and killed by an automobile. Mt. Vernon Avenue is a main highway and Rialto Avenue is 54 feet wide from curb to curb. The corner was poorly lighted, ...
Views: 25
In 1923 the plaintiffs, trustees of an express trust, filed in the office of the county recorder of Santa Barbara County, being the county in which they were transacting business, the declaration of trust under which they were operating. At the same time they filed in •the office of the county clerk of said county a certificate, duly acknowledged, to the effect that as trustees of said trust they...
Views: 0
Claiming that the defendants were about to issue a series of illegal "revenue bonds", the plaintiff commenced this action to obtain an injunction against the defendants restraining them from further proceeding with the issue. The defendants answered and a trial was had before the trial court sitting without a jury. The trial court made findings in favor of the defendants and from a judgment entere...
Views: 1
[1] The facts in this case are identical with those in the case of Carr v. Kingsbury, (Civ. No. 186) ante, p. 165 [295 P. 586], except the description of the property upon which appellant has made his location. The decision in the Carr case has this day been filed. The questions of law involved in the instant case are identical with those in the Carr case, therefore, for the reasons given in the c...
Views: 1
[1] The facts in this case are identical with those in the case of Carr v. Kingsbury, (Civ. No. 186) ante, p. 165 [295 P. 586], except the description of the property upon which appellant has made his location. The decision in the Carr case has this day been filed. The questions of law involved in the instant case are identical with those in the Carr case, therefore, for the reasons given in the c...
Views: 0
[1] The facts in this case are identical with those in the case of Carr v. Kingsbury, (Civ. No. 186) ante, p. 165 [295 P. 586], except the description of the property upon which appellant has made his location. The decision in the Carr case has this day been filed. The questions of law involved in the instant case are identical with those in the Carr case, therefore, for the reasons given in the c...
Views: 0
[1] The facts in this case are identical with those in the case of Carr v. Kinsbury, (Civ. No. 186) ante, p. 165 [295 P. 586], except the description of the property *Page 763
upon which appellant has made his location. The decision in the Carr case has this day been filed. The questions of law involved in the instant case are identical with those in the Carr case, therefore, for the reasons give...
Views: 1
This is an appeal from a judgment *Page 756
for damages for personal injuries which were sustained as a result of an autostage casualty.
The plaintiff was riding as a passenger in the defendant's autostage from Eureka to Crannell. At a point near McKinleyville, the stage suddenly plunged from the highway into a ditch where it turned partly over against an embankment. The plaintiff was thrown viol...
Views: 9
In each of four counts of an indictment, defendant Breitenstein and three other persons respectively named Earle, Ward and Ducey were charged with the commission of the crime of grand theft. Earle was the city engineer of the city of Pasadena; Ward was his assistant, and the two defendants Ducey and Breitenstein were partners engaged in said city in the business of contracting in matters affecting...
Views: 1
THE COURT.
Application for allowance of attorney's fees due for services rendered an incompetent.
On May 28, 1929, George F. Witter, Esq., served upon the guardian of Mads Nielsen, an incompetent, a copy of a petition for allowance of fees, wherein it was prayed that the court make its order fixing an amount as a reasonable compensation for services rendered by said Witter to said incompetent befo...
Views: 1
THE COURT.
Action on a common count for money had and received.
Plaintiff, an incompetent, through his guardian in substance, alleged that on or about July 19, 1927, defendant received from plaintiff the sum of $500 to and for the use of plaintiff; that on or about the twenty-fourth day of August of the same year he received the further sum of $1,000 for plaintiff's use. The complaint further alle...
Views: 3
This is an appeal on the judgment-roll from a default judgment. In the complaint it is alleged that the seventh day of January, 1927, is the date of the marriage of the plaintiff and his wife. The complaint then' proceeded to allege certain facts constituting enticement or alienation of affection of the plaintiff’s wife, all of which facts occurred prior to January 7, 1927, to wit: in Novembe...
Views: 0
This cause is based upon certain obligations incurred by Welton C. Rhodes, as sheriff of the County of Madera, for detective hire, etc. The items upon which this action is based appear to be in excess of the amount allowed to the office of sheriff by the county budget for the fiscal year beginning June 1, 1928, and ending June 30, 1929. By the budget the sheriff was allowed the sum of $1,000, this...
Views: 4
The plaintiff executed to appellant a five-year lease of real property, consisting of a lot and several unfurnished bungalows. Appellant furnished the bungalows, and executed to the plaintiff as security for performance of the covenants of the lease a chattel mortgage on the furniture. Thereafter appellant assigned said lease to the defendant Herbert. In connection with said assignment appellant a...
Views: 0
This is an appeal from the judgment awarding damages for death of the plaintiff's husband. The plaintiff and her husband at about 10 o'clock at night January 13, 1928, alighted from the front end of a west-bound municipal street-car at the safety station at Ocean Avenue opposite Cedro Avenue in San Francisco. To what extent that neighborhood is populated the record does not disclose nor does it di...
Views: 4
Plaintiff sought to recover the benefits to which he claimed to be entitled under the disability provisions of three life insurance policies. Upon a trial by the court sitting without a jury judgment was entered in favor of plaintiff, from which judgment defendant appeals.
On July 19, 1926, plaintiff became totally disabled as the result of a disease known as hyper-thyroidism and remained so total...
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The Lindsay-Strathmore Irrigation District filed an action in the Superior Court of Tulare County against the Wutchumna Water Company and James B. Rivers, seeking a writ of mandate to compel the delivery of certain water to which the irrigation district claimed to be entitled as a stockholder in the water company. The water company diverts a considerable portion of the water of the Kaweah River in...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 690
This is an appeal from an order and judgment of the Superior Court of Tulare County in a proceeding brought by the Lindsay-Strathmore Irrigation District, seeking the issuance of a writ of mandate to compel the Wutchumna Water Company to deliver to the pe...
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The plaintiff had judgment against the defendant for the principal and interest due upon a promissory note executed by the defendant and delivered to the plaintiff, which note is in the following words and figures, to wit: “1400.00 September 25/28 “For value received I promise to pay to Bujah Singh Fourteen Hundred 00/100 1400.00. In ninety days from date at West Island, Calif. “H. S. White...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 677
This is an appeal from an order denying defendants' motions for change of place of trial from Shasta County to the city and county of San Francisco, and granting respondents' counter motion to retain the cause in Shasta County.
It is agreed that the actio...
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Having received personal injuries resulting in disability during the course of his employment, appellant instituted proper proceedings and was allowed compensation and medical treatment under the provisions of the Workmen's Compensation and Safety Act (Stats. 1917, p. 831). Thereafter he filed an action against his employers and the hospital and physicians to whom he had been referred for medical ...
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This is an original proceeding in certiorari.
The petitioner sued in the justice's court of Oakland township against Lindley Marinello Shop on an open book account for $99.63. The defendant answered and by way of counterclaim demanded the sum of $175 as damages for a writ of attachment levied by the plaintiff in the cause. Defendant had judgment for the sum prayed for and plaintiff appealed to the...
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This is an appeal from a judgment entered against the plaintiff upon sustaining a demurrer to the amended complaint and denying leave to amend.
The complaint alleges that Mr. and Mrs. A. Delmuto were insured by the defendant insurance company against damages accruing on account of an accident in the operation of their Durant automobile. The insurance policy which was issued in the name of A. Delmu...
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Plaintiff brought suit against the defendant on a promissory note for $10,000 dated May 28, 1925, and from a judgment thereon against him defendant appeals.
The answer of defendant admitted the execution of the note by defendant to plaintiff, but denied the other allegations of the complaint, and also alleged as a separate defense that there was no consideration for the note as well as a total fai...
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This action was brought in the form of the common count for money had and received to recover from the defendants $5,000 paid by plaintiff for 5,000 shares of the capital stock of the corporate defendant Julian Merger Mines. Judgment was rendered in favor of the defendants and the plaintiff appeals.
It is not necessary to recite the evidence in detail. There is some evidence to the effect that the...
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This is an action to foreclose a mechanic's lien brought by the contractor against the owner for contractor's fee or commission and for the amount remaining unpaid for labor and material. The plaintiff had judgment, from which the defendant has appealed.
In January, 1922, the appellant, in contemplation of the erection of a church building, employed T.B. Barber as its architect and thereafter in M...
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THE COURT.
This is an appeal from a judgment entered upon a verdict against defendants and in favor of plaintiff.
The action was for damages alleged to have been sustained by plaintiff while a passenger in a jitney bus, operated by defendant Larussa, which came into collision with a truck operated by the City and County of San Francisco.
The municipality claims that the implied finding that its em...
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Page 1284
For the purposes of this decision only, it may be considered that the petitioner herein was convicted of the offense of having in his possession a "form chart" with reference to horse races. Following and in pursuance of such conviction, petitioner was sentenced to a term of imprisonment in the county jail. In this proceeding petitioner seeks to show that the city ordinance under the provision of ...
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Page 1285
The application to this court for a writ of habeas corpus was based upon facts identical with those set forth in the proceeding entitled "In the Matter of the Application of Milton Page" (Crim. No. 2045), in which an opinion and judgment has this day been filed by this court (ante, p. 1 [298 P. 178]).
[1] Basing our conclusion herein upon the ruling in said case of Page, it is ordered that the pet...
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* Rehearing denied 4 P.2d 163.
Three barriers have been erected between plaintiffs and the judgment for $87,550 and interest which they desire. The first barrier is the conclusion that the plaintiffs have no legal capacity to sue, because they have failed to file and publish a certificate of doing business under a fictitious name. Secondly, it is found that fraud guided the defendant's hand as he ...
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