Court Cases Court Cases

  Most Popular Cases Tab Overlap Cases with Faces Tab Overlap Cases by Type Tab Overlap Cases by Reporter Tab Overlap Cases by Year Right End

All Reporters → cal-app-lexis → Volume 1932

Opinions in cal-app-lexis Volume 1932

A demurrer, on the ground that the trial court had no jurisdiction of the subject matter of the action, having been sustained without leave to amend, the judgment appealed from was entered. Plaintiff was seeking to recover possession of some real estate located within Santa Monica Township, which he had purchased at a trust deed foreclosure, and for the purpose attempted to pursue the summary proc...
Views: 6
This case requires a construction of section 5 of the act of 1923 (Stats. 1923, p. 695) relating to the sale, possession and use of firearms and other dangerous *Supp. 795weapons. 'The part thereof to be construed reads as follows : ‘1 Except as otherwise provided in this act, it shall be unlawful for any person within this state to carry concealed upon his person or within any vehicle which is un...
Views: 4
The defendant was charged in two counts with violations of section 13 of the State Pharmacy Act (Stats. 1905, p. 535; Act 5886, Deering’s General Laws, 1923),- and was adjudged guilty on both counts. In count I it was charged that the defendant “did willfully and unlawfully sell, retail and dispense drugs, medicines and poisons, to-wit: Lysol, the said Abe Percies not being then and there a regist...
Views: 3
This is an appeal from a judgment of the municipal court in favor of defendants, entered after a general demurrer to the complaint had been sustained without leave to amend. *794The action was instituted by the administratrix of the estate of P. J. Murray, deceased, to recover the sum of approximately $1,040, for which it is contended the defendants became liable as wages by reason of the employme...
Views: 0
This is an appeal by plaintiff from a judgment in favor of defendant Mrs. Victor L. Bentson, entered after an order sustaining her general demurrer to the complaint without leave to amend. The complaint alleges that Victor L. Bentson, the other defendant, and respondent are husband and wife, that plaintiff is a licensed doctor of *791dental surgery, that the defendants “became indebted to said pla...
Views: 4
The controlling question presented on this appeal is whether or not a municipal court has jurisdiction of an action to recover the sum of $2,000 or less paid pursuant to a contract induced by fraud and rescinded on that ground. ' The complaint in the present action is cast in the form of one for money had and received, but both from the written demand incorporated into the complaint and from the a...
Views: 2
This is an appeal on the judgment-roll alone. The complaint was in two counts, an open book account and account stated, and alleged that prior to the commencement of the action Bullock and Jones, for a valuable consideration, assigned to plaintiff all their right, title and interest to said claim, and that plaintiff is now the owner and holder thereof. Judgment was awarded to the plaintiff against...
Views: 4
This is an action to quiet title. Judgment went for the plaintiff and the defendants W.S. Edwards and J.D. McCabe have appealed. In the year 1884 a tract of land known as lot No. 142 of the Lompoc rancho, in the county of Santa Barbara, *Page 616 was owned by one Shoultz and one Fisher, as tenants in common. By deeds of exchange Fisher became the sole owner of a part of said lot No. 142 and Shoul...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 591 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 592 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 580 From a judgment in favor of plaintiff decreeing cancellation of a promissory note executed by plaintiff and made payable to defendant, defendant appeals. Plaintiff's complaint, which was filed on August 16, 1928, embraces three causes of action. The first...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 563 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 564 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
Views: 10
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 544 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 545 This is an action brought by plaintiffs to recover damages resulting from an accident wherein their minor son ...
Views: 7
Appellant is a California corporation with its principal place of business in the city of Los Angeles. It was engaged in the business of manufacturing candy and confections and selling its products to retail stores in various cities and communities in southern California, conducting this business from its central plant in Los Angeles. Its salesmen solicited and secured orders from retail merchants...
Views: 4
This is an action for personal injuries alleged to have been suffered by the plaintiff Sophie K. Leonard while a passenger upon a stage-coach owned by the defendant Pickwick Stages System, a corporation. The cause was tried by the court sitting without a jury and judgment was rendered in favor of the plaintiff Sophie K. Leonard in the sum of $2,500. The judgment further provided that the plaintiff...
Views: 0
Plaintiff brought this action in the city and county of San Francisco to recover damages for an alleged malicious prosecution, which it is claimed took place in Plumas County, it being charged in the complaint that the defendant S.C. Young as district attorney of said county and the defendant Laverne Becket conspired to and *Page 509 did maliciously prosecute plaintiff and bring about his convict...
Views: 3
Plaintiffs and respondents C.N. Sentney and Bertha A. Sentney brought this action against the defendants C.E. Heidingsfelder and Olive Heidingsfelder, his wife, to foreclose a mortgage in the sum of $15,000, given to secure the performance of the covenants of a lease. However, the amended complaint on which the case went to trial also contained allegations regarding, and sufficient to support a ju...
Views: 1
This cause is before us upon an application of the above-named petitioners praying that a writ of mandate be issued from this court directed to Harvey D. Eich, as treasurer of the Bond Fund of Reclamation District No. 784, located in the county of Yuba, ordering and commanding proceedings to be taken by him in the collection of funds from the land owners in said reclamation district to pay interes...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 487 THE COURT. An appeal by plaintiff corporation from part of a decree quieting its title to certain real property and adjudging that defendants recover amounts paid on the purchase price of the property and expended for improvements thereon, less the value ...
Views: 5
This is an action for the specific performance of a contract of sale and purchase of lot ten of R. Zellner's subdivision of a part of block eight of the Los Angeles Homestead Tract in the City of Los Angeles, which was owned by respondent Ivan Kelso and Mathilda L. Kelso, his wife. On May 31, 1927, respondent was approached by appellant and Henry Horn in an effort to buy the above-described real e...
Views: 1
The respondent, an employee of an independent contractor, was injured while working in an elevator shaft of a building owned by the appellant corporation. An action for damages was instituted against said owner and its employees, the latter of whom were alleged to have been negligent in the performance of their duties. Upon a trial before a jury, a verdict was returned in favor of the plaintiff, a...
Views: 0
Defendant appeals from a judgment awarding damages for personal injuries resulting from a collision about 4 o'clock P.M. on April 12, 1929, between the motor-truck of appellant and a motorcycle ridden by respondent. Prior to the collision respondent was proceeding north on San Pedro Street in the city of Los Angeles and appellant's truck was going in a westerly direction on East Ninth Street and t...
Views: 6
This is an action for the rescission of a contract and for the recovery of the amount paid. On June 4, 1926, the parties hereto entered into a written contract by which the defendant agreed to sell and convey to the plaintiff a certain ten acres of land in Kern County, and also agreed to sell and convey to the plaintiff "approximately a one-sixteenth (1/16) interest in the well, pumping plant and ...
Views: 11
This is an action to quiet title. From a judgment in favor of plaintiffs, the defendants appeal. It is conceded that plaintiffs are the owners in fee of the real property in controversy. The defendants claim an interest therein as lessees, under the terms of a written lease and sublease. The court below found the rights or claims of defendants forfeited through failure to comply with the terms and...
Views: 5
Appellant was charged by information with having on June 30, 1931, committed the crime of burglary and with having prior thereto been convicted of a felony in the state of Washington. The jury returned two verdicts, one finding the defendant guilty of the burglary charged and finding it to be a burglary of the second degree, the other that the charge of prior conviction of a felony was true. Motio...
Views: 12
The petitioner sought in the court below a peremptory writ of mandate compelling the clerk of the city to certify the sufficiency of certain names signed on papers protesting against an ordinance adopted by the city council of Long Beach. The superior court denied the writ and petitioner prosecutes this appeal. [1] The sole question necessary to a disposal of the case involves the sufficiency of s...
Views: 2
Prior to the present action appellant and respondent E.L. Daigler were joined as defendants in a condemnation suit filed by the city of Los Angeles by reason of their being, respectively, the landlord and tenant of a piece of real property a portion of which was sought to be condemned. It appears that the report of the referees as confirmed by the court in the condemnation suit fixed the value of ...
Views: 2
Defendant appeals from a judgment in favor of plaintiff enjoining defendant from entering upon or using certain real property. Both parties are owners of lots in a tract known as Laughlin Park and the controversy arises out of defendant's claim to the right to use a 25-foot roadway running along the southerly edge of plaintiff's lot for the purpose of gaining access to defendant's property. The tr...
Views: 4
This is an appeal from the order of the court setting aside and vacating an interlocutory and final decree of divorce alleged to have been fraudulently obtained. The facts briefly stated are as follows: On May 8, 1923, James E. Tomb filed an action for divorce against his wife, the defendant. On May 11, 1923, defendant filed her answer denying the material allegations of the complaint which answer...
Views: 6
This is an appeal from an order denying appellant's motion to have set aside a default entered against him, and the judgment entered pursuant thereto. From the transcript on appeal it appears that on April 16, 1929, appellant was served with a summons and complaint in a personal injury action. On April 25, 1929, appellant placed a copy of the summons and complaint in the hands of an attorney, for ...
Views: 0
This appeal is from a judgment in favor of plaintiff and against defendants rendered in pursuance of a verdict which was returned by a jury in an action for personal injuries. From the evidence adduced on the trial, the jury would have been justified in reaching the conclusion that the pertinent facts relative to the happening of the accident (which occurred on September 5, 1928) included the foll...
Views: 1
This is an appeal from a judgment directing the issuance of a permanent writ of prohibition against the defendants. The facts are briefly these: On May 10, 1928, an accusation was filed with the Board of Dental Examiners of the State of California against the plaintiff Frederic A. Bley by one L.M. Armstrong, an investigator for said board; a citation was issued and served upon plaintiff directing ...
Views: 9
The only facts relevant to the question presented on this appeal are as follows: Plaintiff instituted this action to collect the deficiency remaining unpaid upon two notes executed by defendants, after crediting thereon a sum realized by it from the sale of real property under the terms of a trust deed. From a judgment in favor of plaintiff, defendants appeal. [1] Appellants' sole contention on th...
Views: 0
Defendant appeals from a judgment rendered against him for the sum of $15,000 – that being the amount of a verdict returned by a jury in an action brought by plaintiff against defendant for the alleged alienation from plaintiff by defendant of the affections of the wife of the plaintiff. [1] It is urged by defendant that the evidence was insufficient to support the judgment. Since it is manifest t...
Views: 1
This action was brought by plaintiff as successor of the lessors under a 99-year lease, against lessees thereunder to recover certain unpaid rentals and the taxes for two successive years, which taxes plaintiff alleged he was compelled to pay because of the failure of defendants to pay them. *419 Defendants alleged an assignment of the lease to one Paden; that plaintiff entered into several w...
Views: 1
We are of the opinion that the amended complaint does not state a cause of action against respondents, and that the judgment entered, after respondents' demurrer was sustained without leave to amend, should be affirmed. Only the defendants B.H. Dyas and B.H. Dyas Corporation are respondents on this appeal, as the judgment appealed from did not affect the interests of the other defendants. In their...
Views: 2
This is an appeal from an order denying defendants' motion to vacate and set aside a decree quieting title, and to quash the service of summons in said action. Appellants were regularly served with summons in Los Angeles County, and due proof of such service was made, showing the date thereof to be January 13, 1929. On January 30th their defaults were entered by the clerk, and on March 1st judgmen...
Views: 0
The plaintiff commenced an action to recover the deficiency after having foreclosed a deed of trust. The defendant H.A. Turner answered. The trial court made findings in favor of the plaintiff and from the judgment entered thereon the defendant has appealed and has brought up a bill of exceptions. On September 25, 1922, William H. Reicker and his wife owned lots 2 and 3, Hosler Tract, in Butte Cou...
Views: 0
Plaintiff and appellant instituted an action against defendants and respondents for an injunction and declaratory relief to enjoin the sale of certain property pursuant to the terms of a certain instrument which appellant contends is a mortgage and respondents claim is a trust deed. The sale was made and plaintiff *Page 398 then filed an amended and supplemental complaint seeking to have the inst...
Views: 2
THE COURT. The defendant was convicted in the Superior Court of San Joaquin County of a felony, to wit, forgery. [1] The transcript on appeal was filed in this court December 4, 1931. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on February 1, 1932. No appearance was made for appellant at the time the case was called for hearing. ...
Views: 0
In this action plaintiff seeks to recover for broker's commissions upon the exchange of real estate. Defendant had judgment below and plaintiff appeals. The cause of action as alleged in the complaint is based upon the terms of a certain exchange agreement entered into between defendant and one Jacobberger, and the commission claimed is that fixed in this agreement. The answer sets up the exchange...
Views: 0
This is an appeal from two judgments against defendant and appellant Guardian Investment Corporation of California. The actions were brought to foreclose two mortgages, and to recover upon a breach of implied warranty under section 3146 of the Civil Code. The court rendered judgment in one case for damages in the *388 sum of $1286.13, and for $1213.78 in the other. Both appeals are upon the jud...
Views: 1
This is an appeal by defendants from a judgment entered upon the pleadings in favor of the plaintiffs. It is contended by the appellants that the trial court erred in overruling defendants' general and special demurrers to the complaint, also in granting the said motion for judgment on the pleadings. Following the references to the parties made by counsel in their briefs, the plaintiff and respond...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 373 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 374 THE COURT. Appeal by the plaintiff from a judgment in favor of defendants in an action to recover damages for ...
Views: 11
The plaintiff brought this action to recover damages for personal injuries sustained by him through being struck by an automobile while in the performance of his duties as a street sweeper in the City of Los Angeles. The City of Los Angeles intervened for the purpose of recovering certain moneys it had expended for compensation, medical bills and the like, and it was stipulated in open court that ...
Views: 0
This cause is before us upon the application of the above-named petitioner for discharge after trial and conviction on a charge of battery in the police court of the city of Sacramento. The record before us shows that by a complaint filed in the Justice's Court of the City of Sacramento, on the eleventh day of May, 1931, the above-named petitioner was accused of the crime of battery. The date of t...
Views: 3
This is a proceeding for a writ of mandate brought originally in the superior court to compel defendants as Auditor and Treasurer of the city and county of San Francisco to withdraw a certain deposit of public money alleged to have been made in a bank of that city and county without complying with the provisions of the charter of the city and county governing such deposits. The respondent Treasure...
Views: 0
This action was brought by plaintiff as assignee of the contractor, for the purpose of foreclosing a street improvement assessment lien arising out of proceedings conducted by the city of Los Angeles for the improvement of Saticoy Street from Van Nuys Boulevard to Santa Ana Avenue in said city. The complaint was filed November 14, 1927. It is alleged that the contract for the improvement was award...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 315 The action was brought by plaintiffs to obtain relief under the Usury Act. The real controversy is between plaintiffs and the Angeles Mesa Land Company. The bank is a party for the reason that in a certain trust deed executed by plaintiffs' the bank was a...
Views: 4
This is an action to establish a partnership in certain real estate transactions, and to secure an accounting. The court found the parties to be partners, and gave judgment against defendant in the sum of $10,471.62, with interest. The appeal is taken from the judgment and two questions are presented – the insufficiency of the evidence and the allowance of interest upon the judgment from the date ...
Views: 4
Appellant Inyo Marble Company, is a California corporation and the patentee of three placer mines containing about 480 acres within their exterior boundaries, to which they received a patent from the United States on August 26, 1921. The claims were first located in January, 1915, and the application for the patent was made on *Page 300 December 6, 1919. The patent contained the following provisi...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 293 This is an appeal from a judgment quieting defendants' title to a strip of land 2,300 feet long by 150 feet wide, adjoining defendants' right of way at the station of Pacoima, between San Fernando and Burbank, in Los Angeles County, California. The compla...
Views: 0
This is an appeal from a judgment of nonsuit entered in the above cause at the conclusion of plaintiffs' case upon the trial thereof. The case grows out of an option to purchase certain letters patent which T. Clark Mieir had obtained from appellants, who were the owners of a two-thirds interest in said letters patent, and which option provided for certain payments, aggregating $9,000, to be made ...
Views: 3
Appellant brought this action for damages upon the theory that it was authorized by the Railroad Commission to engage in the transportation of property by motor vehicle between the cities of Los Angeles, *285 San Bernardino and Riverside, and that respondents were competing with appellant in such business in violation of an order of the Railroad Commission that they desist from such transportat...
Views: 1
The plaintiff brought action against defendant to recover the sum of $3,300, interest and attorney's fees. The complaint contained two counts, the first being based upon a promissory note in the sum of $2,000 and the second being for money advanced to defendant in the sum of $1300. Defendant answered admitting all the allegations of the first count and admitting the receipt of the $1300 mentioned ...
Views: 3
On November 1, 1926, Oliver G. Mason and his wife were the owners of lots 11, 12, 13 and 14, block 36, of the Manila Avenue Tract, in the city of Long Beach, and as lessors, they entered into an oil and gas lease with the defendant corporation covering the four lots named. Prior to the development of any oil, the Masons sold lots 11, 12 and 14, conveying the fee and all their right and interest i...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 269 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 270 Plaintiff sued to condemn a portion of a tract of land to be used by the state for a highway maintenance stati...
Views: 4
Plaintiff sued to quiet title to real property and had an interlocutory judgment giving defendants the right to redeem the property from a previous sale. Defendants declined to redeem and a final judgment was entered for plaintiff. The defendants appeal on typewritten transcripts from both judgments. Plaintiff, when owner of the property, mortgaged the same to one Olsen in the sum of $2,500, and t...
Views: 2
THE COURT. Application for writ of prohibition to prevent a receiver appointed by respondent court from further interfering with the property of petitioner. [1] It is claimed the appointment was void for the reason that there was a noncompliance with the provisions of section 566 of the Code of Civil Procedure with reference to the bond required by that section. Under authority of Ryan v. Murphy,3...
Views: 3
While playing golf on a miniature course in Burlingame operated by the defendant, the plaintiff, Mrs. Wegener, fell and fractured a bone in her foot. On account of said injury she brought this action for damages, in which her husband joined. The trial court sitting without a jury found that there was a failure to establish any negligence on the part of defendant, and from the judgment entered purs...
Views: 0
This is an appeal by the plaintiff and appellant Hammond Lumber Company from an order setting aside a judgment of foreclosure in a mechanic's lien case, which judgment had been entered after a default of the defendants against which the judgment was rendered had been duly entered by the clerk of the court. This case, Civil No. 620, is a companion case to Civil No. 621, Hammond LumberCo. v. Strolse...
Views: 3
This is an appeal from a judgment rendered in an action to quiet title, refusing to quiet appellant's title against respondent's. On January 2, 1912, Irwin Bechtel and his wife were the owners of certain real property in Los Angeles, California, to which appellant is seeking to quiet his title. On that date the Bechtels mortgaged said property to Michael Geiss for $1,000; this mortgage became due ...
Views: 4
This is an appeal from a judgment entered upon the sustaining of a demurrer without leave to amend. The action was brought May 31, 1928, to have ordinance No. 60133 of the City of Los Angeles declared void, and for injunctive relief. The original complaint was demurred to and the demurrer was sustained. Thereupon appellants filed an amended complaint, to which *Page 242 a demurrer, both general a...
Views: 11
Plaintiff sued to cancel and to restrain the foreclosure of a deed of trust upon certain real property. The defendants had judgment and the plaintiff appeals upon typewritten transcripts. On July 2, 1926, plaintiff, as sole owner of the property, conveyed by deed of grant to the California Surety Company in consideration for her subscription to stock in that corporation. This deed was duly recorde...
Views: 3
This is an appeal by plaintiffs from a judgment entered by the trial court in an action brought to terminate a trust and to quiet title to certain real property. The land consisted of a tract known as Oceana Beach bordering upon the Pacific Ocean. In 1905 plaintiffs' predecessors in interest conveyed the property to defendant Merchants Trust Company, in what may be termed a subdivision trust. In t...
Views: 0
Plaintiff sued as assignee of a claim for legal services. The case was tried without a jury and plaintiff had judgment for $8,000 with interest amounting to $3,073.33. On hearing of defendants' motion for a new trial the judgment was modified by striking out the item *Page 230 of interest. The defendants appeal upon a bill of exceptions. Plaintiff's assignors performed legal services in connectio...
Views: 0
THE COURT. The plaintiff herein, Duisenberg-Wichman Company, obtained a money judgment against the defendant H.L. Johnson, in an action involving certain corporate stock transactions, from which judgment the defendant appealed, urging as the main ground for reversal the insufficiency of the evidence to support the trial court's findings. The appeal was taken on a typewritten transcript prepared u...
Views: 0
This cause is before us upon an appeal by the defendant from an order granting a new trial after judgment on a verdict rendered by the jury in favor of *Page 220 the defendant. The order granting a new trial sets forth that it is granted on account of errors in law occurring at the trial. The action was brought by the plaintiff and respondent, by his guardian ad litem, to recover damages for pers...
Views: 1
Appellant, as plaintiff in the court below, brought this action to recover damages for personal injuries alleged to have resulted from the negligent operation by defendant of his automobile. In addition to denying the existence of the negligent acts attributed to him, defendant affirmatively pleaded contributory negligence on the part of plaintiff as a proximate cause of her *Page 209 injuries. T...
Views: 1
The defendant and one J.L. Richey were jointly accused in an information filed by the district attorney of Fresno County. The information contains two counts, the first charging the crime of grand theft and the second charging the crime of conspiracy to violate the provisions of section 484 of the Penal Code. After a trial, the jury found Richey not guilty on both counts and found Peterson guilty ...
Views: 2
This is an action to quiet title. Briefly stated, the facts are as follows: The plaintiffs are sisters and are the daughters of Anna Siegel. On April 26, 1922, the plaintiffs acquired title by grant deed to a house and lot in the city of Anaheim. On November 28, 1928, an action was instituted by Wilfred L. Farrar, doing business as Farrar's Collection Service, against Anna Siegel, and in connectio...
Views: 0
Plaintiffs and appellants brought an action against defendant and respondent to quiet title to certain property situated in the city of Los Angeles. The complaint was in the usual form of such actions. The respondent filed a second amended answer. The answer in substance denied the claims of appellants and claimed title in the respondent and others as devisees under the last will and testament of ...
Views: 1
Action for personal injuries. The appeal is from a judgment in favor of defendant. Plaintiff is the eight year old minor daughter of Neil McGarry, who is her guardian ad litem. The complaint is in two counts. The first charges in substance that the personal injuries suffered by the minor child were inflicted upon *Page 184 her when she was crossing Geary Street at Twenty-fourth Avenue, as a pedes...
Views: 2
The defendant was convicted of the offense of driving an automobile upon a public highway while he was under the influence of intoxicating liquor. The jury returned the following verdict: "We, the jury in the above entitled action, find the defendant Arthur Eickholt guilty as charged in the information, and we recommend that the punishment be a suspended sentence of 90 days in the county jail and ...
Views: 0
The defendant was convicted of the crime of burglary of the second degree. From the judgment of conviction and from the trial court's order denying his motion for a new trial he has prosecuted this appeal. Among the grounds urged for a reversal, appellant contends that the evidence produced at the trial was insufficient to support the verdict of guilt. It is therefore proper to describe as briefly...
Views: 2
Appellant, as plaintiff in the court below, sought by its action to recover the agreed purchase price of 200 radio cabinets which it had manufactured to the order of defendants. The terms of sale were for cash on delivery – otherwise stated, title was not to pass until the purchase price was paid. This is apparent both from the allegations of plaintiff's complaint and its own conduct with respect ...
Views: 1
Action to foreclose a materialman's lien. Appellants are the owners, and the defense interposed by them was that of payment. From a judgment and decree in favor of plaintiffs the appeal is prosecuted. *Page 164 The case is presented for review on a stipulation of facts, settled as a bill of exceptions. The facts thus stipulated follow: "That on the 14th day of September, 1926, defendants Leonard ...
Views: 0
The plaintiff began this action against the above-named corporation, the directors as trustees thereof, and a number of stockholders, to recover the sum of $27,094.90, alleged to be due the plaintiff for and on account of services performed by him as architect in preparing plans, specifications, etc., for the erection of a proposed cotton mill at or near the city of Los Angeles, by the above-named...
Views: 8
From a judgment in favor of the defendants determining conflicting claims to the church property the plaintiffs have appealed. The First English Evangelical Lutheran Church of Los Angeles, hereinafter called the church, was organized many years ago. In 1887 it was incorporated. In the following year it bought land and commenced to build thereon a church building and to furnish it. That is the prop...
Views: 3
Action to recover possession of certain personal property. On August 16, 1927, one W.S. Irwin was the equitable owner of certain hotel premises under an executory contract of purchase from one G.E. McCline. McCline had, prior to said date, executed his note for $7,000 secured by a deed of trust on the property in favor of defendant Faustino. On said sixteenth day of August, plaintiff drilled a wel...
Views: 0
The plaintiff and appellant Newport Bay Dredging Company, a corporation, instituted an action against the defendant and respondent Glen Helm for the restitution of certain premises situated on Newport *Page 129 Bay and for damages for withholding possession for more than three years. The respondent, in addition to an answer denying the allegations of the complaint, filed a cross-complaint setting...
Views: 1
This is an appeal in a suit to cancel a trust deed and quiet title to certain Los Angeles County lots, from a judgment of dismissal of the action after an objection to the introduction of evidence on the part of the plaintiff had been sustained on the ground that the complaint fails to state facts sufficient to constitute a cause of action. The supplemental complaint alleges the defendant Bryant i...
Views: 0
The plaintiff and respondent moved to dismiss the appeal in the instant case upon the ground that *Page 122 the same was not pursued in this court within the time prescribed by law. [1] Nothing more than the filing and serving of a notice of appeal appears to have been accomplished prior to expiration of the time for ordering a transcript. The motion to dismiss is not resisted, and since it falls...
Views: 0
The petitioner, an applicant for a permit to drill for petroleum upon tide lands in Santa Barbara County, seeks a writ of mandate directing the Director of Finance and Register of Lands to vacate as to his application an official declaration defining the boundaries of an oil-field wherein the petitioner demands such permit to prospect. *Page 119 In September, 1928, the Surveyor-General and Regist...
Views: 0
The crime described in section 146 of the California Vehicle Act (Stats. 1923, p. 564), and of which defendant was found guilty, is committed when any person drives a vehicle not his own, without the consent of the owner thereof and in the absence of the owner, and with intent to deprive the owner of his title or possession, whether with or without intent to steal the same. Any person who assists...
Views: 6
The plaintiff here appeals from a judgment entered upon an order sustaining a demurrer to his complaint without leave to amend. The third ground of demurrer, that the cause of action set up in the complaint is barred by sections 337, 338, 339, of the Code of Civil Procedure, is the only question here presented. The complaint sets forth that the plaintiff leased from defendant certain real property...
Views: 0
On rehearing of the appeal herein this court adheres to that part of the opinion heretofore delivered by it which is hereinafter quoted; and in addition thereto, it expresses its opinion with reference to other points not originally passed upon by this court, to wit: "This is an appeal from a judgment of dismissal after order sustaining the defendant's demurrer to plaintiff's second amended compla...
Views: 2
Plaintiff sued for money had and received but pleaded facts for a suit for fraud and deceit. The cause was tried without a jury and defendant had judgment. Plaintiff appeals on a typewritten record. The complaint alleged that in the month of October, 1918, defendant became indebted to plaintiff in the sum of $1733.21 for money had and received for the benefit of plaintiff; that at the time defenda...
Views: 4
Action for partition of certain real estate. It was agreed between the parties that the property could not be partitioned in kind and it was sold by a referee for the sum of $20,000. The present controversy has to do with the disposition of the proceeds of such sale. The parties to the action are brothers. For a number of years they lived together in the same household. The property in contro...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 91 The defendant was charged in an information filed by the district attorney of Tulare County, with the crime of child stealing, it being alleged that on or about October 15, 1931, he maliciously, forcibly and fraudulently took and enticed away one Opal Hunn...
Views: 7
This is an action brought upon a promissory note executed out of the state of California. Upon action being brought in California, the California statute of limitations was plead and after trial it was held by the court that the California statute of limitations of four years would apply rather than the statute of limitations of the state within which the note was made payable. Upon judgment enter...
Views: 0
This is an appeal by plaintiff from a judgment entered in favor of defendant Jessie B. Percey upon an order sustaining a demurrer to plaintiff's amended complaint without leave to amend. The facts, which are admitted, are, briefly, as follows: The plaintiff, in the capacity of real estate broker, negotiated a certain exchange of real property between defendant Jessie B. Percey and her husband Sanf...
Views: 1
This appeal is from a judgment granting a permanent injunction restraining appellant from having an execution issued to collect a judgment for $5,000 and costs in favor of appellant and against the Lakeside Golf Club. This judgment was rendered in action No. 204917, Superior Court of Los Angeles County, in which appellant was plaintiff and the Lakeside Golf Club and others were defendants. The jud...
Views: 0
This action was brought by the receiver for the insolvent lessors under a twenty-year lease to recover unpaid rents from the lessee. The cause was tried by the court sitting without a jury and a judgment for costs was entered in favor of the defendant. Plaintiff made a motion under section 663 and section 663a of the Code of Civil Procedure for the setting aside and vacating of the judgment and fo...
Views: 1
This is a proceeding to review a decision of the Industrial Accident Commission denying petitioner's application for compensation upon the ground that the disability from which he was suffering was not caused by an industrial injury. The evidence taken before the Commission shows without contradiction that petitioner, a man past sixty years of age, while working for a contracting firm as laborer, ...
Views: 16
Plaintiff appeals from an order discharging an attachment in an action on a promissory note executed by defendants. The notice of motion given by defendants specified that the motion would be made on the grounds that the attachment had been irregularly and improperly issued and levied. [1] By a motion made in pursuance of such a notice, a defendant whose property has been attached is entitled to q...
Views: 2
Appellants and James Musacchio were charged with the crime of murdering Edward Nunes on June 27, 1931, in Fresno County. The jury returned verdicts finding them guilty of murder in the first degree, fixing the penalty at imprisonment for life in the state *Page 56 penitentiary. Appellants made separate motions for new trials which were denied. From these orders and from the judgments thereafter p...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 47 The defendant was convicted of escaping from the surveillance of the prison guards of Folsom state prison, where he was serving a sentence for another felony of which he had been previously convicted. The information charges that the defendant "was then an...
Views: 9
The trial court entered its judgment decreeing that a note and deed of trust executed by plaintiffs in favor of certain defendants constituted an usurious transaction and further decreeing that upon payment by plaintiffs to said defendants within thirty days of the sum legally due and unpaid on said note, to wit – the sum of $437.70, said defendants be enjoined from foreclosing said deed of trust ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 34 THE COURT. The above action was upon a promissory note for $1800 executed by defendants to plaintiff on January 4, 1928, and payable one day after date. Defendants by their answer and cross-complaint alleged in substance that plaintiff was the owner of 160...
Views: 6
In this matter George L. Combs, Carlyle M. Canning, doing business under the name of Canning Electric, Melvin L. Moore and Arthur C. Baird, copartners doing business under the name of Moore Baird, brought an action to foreclose mechanics' liens for labor and material furnished to the defendant in the case, Mary Eberhard, the owner of the property on which the liens were sought to be foreclosed. T...
Views: 5
This is an action to establish a trust in certain real property situate in Los Angeles County formerly owned by William M. Saint. Demurrers were interposed to the complaint by Carrie I. Davis Dubbs and Wilbur L.Y. Dubbs, individually, and as executors of the last will and testament of Hannah Y. Saint, deceased, and a separate demurrer was interposed by the defendant Harry Y. Saint. The court susta...
Views: 8
Appellant was convicted of the crime of assault with a deadly weapon, committed upon her husband, Frank Emme. The only plea entered by appellant was that of not guilty. One Fred R. Pierce was originally joined as a co-defendant, but at the conclusion of the case in chief of the state the court, on motion of the district attorney, dismissed the information as to Pierce, the evidence being insuffici...
Views: 4
On April 29, 1931, the appellants, together with a companion named Annala, were arrested for drunk and disorderly conduct and were incarcerated in the Lincoln Heights jail in the city of Los Angeles, and placed in a cell which was at that time occupied by one prisoner, McDonald. During an altercation between the appellants and McDonald, the latter sustained injuries which resulted in his death a ...
Views: 10
On application made by petitioners, the alternative writ ofmandamus issued, to which respondents have replied by demurrer and by answer. In substance the facts as shown by the pleadings are in agreement, and the cause may now be determined on the merits. On the thirty-first day of August, 1925, one Austin and his wife, owners of a piece of real property in the city of Los Angeles, mortgaged the sa...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 742 While a rehearing was granted in this cause for the purpose of re-examining the question of damages, owing to the fact that some corrections should be made in the opinion heretofore filed herein, we think it is more convenient to discard our first opinion...
Views: 4
This is an appeal by defendant from a judgment entered as against him, and in favor of plaintiff, upon a certain promissory note, dated May 26, 1926, and payable to the order of Eliza Burgoyne, the predecessor in interest of plaintiff. [1] The answer of defendant set up by way of defense that the note in question is without consideration, that there was no delivery of the note to the payee, and th...
Views: 1
Appellant and one Weirick were accused in an information filed by the district attorney with having committed the crime of robbery. Both defendants named in the information pleaded "not guilty", but at the time the cause was called for trial defendant Weirick withdrew his plea of "not guilty" and entered a plea of "guilty". Appellant was then placed upon trial alone, a trial was had, and a verdict...
Views: 6
On October 28, 1926, the defendant as surety, and Robert Marsh Co., Inc., a corporation, as principal, executed to plaintiff a bond in the sum of $15,000 conditioned as follows: that "Whereas the said Robert Marsh Co., Inc., have sold to A.L. Hobson and his associates, certain property with improvements located in the city of Los Angeles (describing said property) and whereas the said Robert Mars...
Views: 1
This appeal is from an order in a much-litigated contest between the mother, Carmen Pozzo, respondent herein, and uncle, Frank Pozzo, appellant herein, of two adult incompetent persons, as to which should be appointed their guardian, one phase of which has already been before the other division of this court inIn re Pozzo, 104 Cal.App. 11 [285 P. 330]. A clear understanding of the questions involv...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 712 The plaintiff recovered judgment for $4,000 damages for personal injuries sustained as a result of an automobile casualty. From this judgment the defendants have appealed. The plaintiff is a professional nurse who resides in Oakland. On the night of Febru...
Views: 16
The plaintiffs brought this action against the defendant named in the caption and also Ruben Orschansky, Jane Ratzkowski, Richard Sussman, Jane Sussman and certain other defendants designated by fictitious names. The first count alleged an agreement between the plaintiffs and the defendants whereby the plaintiffs were to receive certain commissions for exhibiting and assisting in the sale of certa...
Views: 1
This is an appeal from an order dismissing a petition praying for the revocation of the probate of an alleged will and codicils thereto of Adelina Palmieri, deceased. The alleged will and codicils were admitted to probate by an order made and entered on March 21, 1929. Thereafter on August 14, 1929, section 1327 of the Code of Civil Procedure was amended so as to shorten the time within which such...
Views: 1
The defendant was convicted in the Superior Court of Fresno County of a felony, to wit, murder *Page 698 in the first degree, and the jury by its verdict fixed his punishment at imprisonment in the state prison for life. [1] The transcript on appeal was filed in this court January 5, 1932. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argu...
Views: 0
The action was instituted to rescind certain contracts and to recover moneys paid on the purchase price. The case presents one or two novel features, arising perhaps from the fact that almost the entire theory of the case suddenly changed between the time of the commencement of the trial and its conclusion. The suit in its commencement *Page 690 was predicated upon the alleged fraud. The third am...
Views: 1
This is an action by the surviving husband and minor child of Phyllis Edna Jewell for her death which was caused by a collision between an automobile in which she was riding as a guest and a truck and trailer being operated by appellant Sauls in the business of the other appellants. The jury brought in a verdict against appellants and in favor of Wulbern, the driver of the automobile in which Mrs....
Views: 2
The plaintiff commenced an action to quiet title. It named as defendants James L. Northrup, Mrs. James L. Northrup, Ada Osborn, and W.M. Mauck as administrator of the estate of Clarence S. Osborn. An answer was filed by Ada Osborn and W.M. Mauck. A purported answer was filed for James L. Northrup by W.M. Mauck as administrator of the estate of C.S. Osborn. Each answer contained many affirmative al...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 672 This is an action to quiet title to real estate situate in San Diego County. A large number of defendants were brought in, but the real controversy was between plaintiffs and the appellant above named. From a decree in favor of plaintiffs, defendant Willi...
Views: 5
The transcript on appeal contains two separate appeals which are set forth in the order stated in the above title. In the briefs counsel discuss the appeals in the reverse order. We will follow the order contained in the briefs. Noble v. Southern California Bond and Finance Co., Los Angeles Record No. 219043. This is an action brought to set aside a judgment alleged to be void. The judgment u...
Views: 4
Upon an information filed by the district attorney, containing four counts, appellant was convicted of the crime of grand theft by way of embezzlement. Appellant was employed by the California Auto Salon, Ltd., as cashier and bookkeeper from May 1, 1929, to approximately November 20, 1931, during which period she *Page 662 had exclusive control and custody of cash and checks turned in by salesmen...
Views: 0
Petitioner seeks by this proceeding in certiorari to have reviewed and annulled an order made *Page 659 by the respondent court vacating the defaults of two defendants entered by the clerk for failing to answer within the time allowed by law the fifth amended complaint filed by petitioner in an action to foreclose a mechanic's lien, it being claimed that the motion to vacate was filed more than s...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 646 The appellant was charged in the first count of an information with the murder of one Ted Padgett and in a second count of the same information with assault with intent to commit murder upon one Orville Padgett. The jury found him guilty of murder in the ...
Views: 12
Plaintiffs sued for personal injuries to Herman Work, a minor. The cause was tried with a jury and defendant had a verdict. Plaintiffs appeal upon a bill of exceptions. [1] The single question presented on the appeal is the sufficiency of the evidence to justify the verdict. It is the contention of appellants that the evidence discloses negligence on the part of defendant, a want of contributory n...
Views: 4
This appeal is from a judgment in favor of respondents upon a petition to have certain lands, alleged to be owned by them, registered under the Land Registration Act commonly known as the Torrens Act. The land sought to be registered by respondents is the north half of lot 67, and a portion of lot 78, San Gabriel Boulevard, Los Angeles County, California, as per map recorded in book 54, pages 71 a...
Views: 2
Defendant was convicted by verdict of a jury of robbery in the first degree and burglary in the first degree, both offenses arising out of the same transaction. The evidence for the People showed that, about 12 o'clock on the night of April 21st and 22d, Dr. J.D. Dunshee, his wife, Mrs. Erol R. Dunshee, his son, Wade A. Dunshee, and *Page 632 Mrs. Byrd Ells were at the doctor's home. The doorbell...
Views: 6
The pertinent facts herein appear to be that defendant Lane executed and delivered to her co-defendants C.J. Powell and Odessa J. Powell (whose married name is now Odessa J. Brown) a promissory note which by its terms was made payable in installments and was secured by a trust deed on certain real property. Some time after its execution said promissory note was assigned by the payees thereof to pl...
Views: 1
Appellant was convicted by a jury of burglary in the second degree, his motion for a new trial denied and, having been previously convicted of a felony, he was sentenced to imprisonment in Folsom penitentiary. The sole point raised on this appeal is that the evidence is not sufficient to sustain the conviction. [1] The proof shows that Miss Jane Torkington on July 19, 1931, left her apartment at a...
Views: 15
For a period covering several years prior to the happening of the incident which gave rise to the institution of the proceeding which forms the basis of the instant appeal, respondent herein was a teacher in the public school of the city of Pasadena, in which position and in the course of her service therein, she acquired a status described in the statute (sec. 1609, Pol. Code) and generally known...
Views: 8
From the record herein it appears that in response to an “emergency call” plaintiffs, who were police officers, were riding over and upon certain streets in the city of Los Angeles on a motorcycle which was being operated by plaintiff Delgado in the general direction toward the scene of an accident which theretofore had occurred. According to the testimony of one of the plaintiffs, the purpose of...
Views: 6
This appeal is taken from an order or judgment entered in favor of the petitioners for a peremptory writ of mandate directed to the appellants herein by which each of them, as the president and the secretary, respectively, of the California Eastern Steamship Company, a corporation, was directed to permit said petitioners as stockholders therein to inspect and examine the corporate records of said...
Views: 0
The plaintiff commenced an action to rescind a lease and to recover damages for alleged fraud. The defendant answered and the trial court made findings in favor of the plaintiff. From the judgment entered thereon the defendant has appealed. The property involved was a stall in a public market. The plaintiff was engaged in selling soft drinks. It was alleged that the defendant falsely represented t...
Views: 3
The plaintiffs commenced an action to obtain a judgment fixing the amount of his damages for alleged usury and enjoining a sale of real estate under the powers expressed in a deed of trust. The trial court made findings in favor of the defendant, the Hammond Lumber Company, and from the judgment entered thereon the plaintiffs have appealed. The plaintiffs state some of the evidence and claim th...
Views: 1
This is an action for the rescission and cancellation of an agreement to purchase an interest in a business and to recover the purchase price paid. The defendants, *Page 732 as partners, were conducting a business for preserving and canning fruits under a "secret process" at a certain address in Santa Ana. Upon the solicitation of one of the defendants, the plaintiff agreed to, and did, put $3,00...
Views: 1
This is an appeal by plaintiff from a judgment rendered against her after the demurrer of defendant to plaintiff's second amended complaint has been sustained, without leave to amend said complaint. Appellant's statement of the case, taken verbatim from her brief, follows: "Appellant, by her recitals in the second amended complaint, sets forth that a certain note and mortgage was executed and that...
Views: 1
Upon defendant’s plea of guilty of the crime of robbery as charged in the information, he was brought before the court for sentence. After hearing testimony upon the question of degree of the crime, the court determined that the offense was robbery of the first degree. Thereupon the court pronounced judgment, which judgment was duly entered on the twentieth day of July, 1931. From the judgment th...
Views: 6
In this case plaintiffs J. Edgar Ross and Anna M. Ross, his wife, brought a suit against C.A. Sweeters, then sheriff of Riverside County, and Thomas B. Busby and Eleanor S. Birkhauser, sureties on an indemnity bond executed to the sheriff in connection with the levy of the execution which is the subject of controversy in this action. The execution was issued out of the Superior Court of Imperial C...
Views: 7
In this action the plaintiffs filed a complaint seeking an order of the trial court restraining and enjoining the defendant from removing certain frigidaire *Page 708 equipment appliances incorporated as fixtures into a three-story apartment house erected for them under and by virtue of a contract hereinafter referred to. The defendant, in addition to answering the plaintiffs' complaint, filed a ...
Views: 0
This is a controversy between appellant corporation and defendant Valley Investment Company. The last-named corporation is an association composed of respondent Guy C. Foulks and one Elliott. This same case was previously before the court and the full report thereof appears in 103 Cal.App., at page 335 et seq. [284 P. 736]. A reference thereto will suffice as a statement of facts. It will be obser...
Views: 8
The plaintiff while purchasing articles in the defendant’s store fell to the floor. For the injury that she sustained she commenced this action to recover damages. She named the corporate owner and also the manager of the store as defendants. The trial court made findings in favor of the plaintiff and from a judgment entered thereon the defendants have appealed. The defendants earnestly contend...
Views: 15
THE COURT. On January 18, 1924, plaintiff and Carroll Gallagher, his wife, leased from defendants a portion of a building in Berkeley, California, for a term commencing June 15, 1924, and ending June 14, 1929. They agreed to *Page 689 pay therefore as rental the sum of $300 each month in advance. The lease also contained the following provisions: "The lessors hereby acknowledge receipt from the l...
Views: 2
This is an appeal from a judgment rescinding an exchange of properties on the ground of fraud consisting of a misrepresentation of the value of an apartment house. *Page 680 The plaintiff had been a resident of Honolulu until shortly before the exchange of properties which is involved in this suit. She had no previous experience in the apartment house business. She moved to Pasadena and purchased...
Views: 8
In the first of the cases entitled above, plaintiff sought a rescission of an agreement of purchase and sale, with damages, on the ground of fraud. In the second action the plaintiffs, who were the vendors, sought to foreclose a chattel mortgage given to secure the payment of a portion of the purchase price under the same transaction set up in the first case. While there was no consolidation in t...
Views: 14
Plaintiff sued to recover damages for breach of contract. The cause was tried by the court, which entered findings and judgment for the defendant Magnan, who alone appeared and answered. The plaintiff appeals upon typewritten transcripts. The contract was in writing and called for the payment by Magnan to De Willy and Horner of a fixed royalty for the manufacture and sale of a patented coil or ...
Views: 0
This is a motion to dismiss an appeal from an order of the Superior Court of Fresno County sustaining a demurrer to, and entering a judgment of dismissal of, a criminal complaint which charged the Shell Oil Company, a corporation, with the crime of forgery. [1] The transcript shows that the order was made on November 14, 1931, and that at the time it was made no appeal was taken, but that on Novem...
Views: 1
The plaintiff Joe M. Bieser brought this action against Kathryn E. Davies, doing business as Owl Taxi Company, for damages for the death of his minor son, Charles J. Bieser, caused by having been struck by an automobile driven by the agent of defendant. A fair statement of the evidence in the record shows: That Charles J. Bieser, the minor, was of the age of five years and two weeks at the time he...
Views: 10
Katherine True recovered a judgment against Leon Crane on September 1, 1927. Execution was issued on March 2, 1931, and levied by the sheriff of Riverside County on March 12, 1931, on a Reo truck then in the possession of Crane. Mary E. Maxwell, who is the mother of Crane, filed a third party claim on March 16, 1931, asserting ownership of the truck in herself. On March 20, 1931, the said Katherin...
Views: 1
The plaintiff (appellant in this court) The Starr Piano Company (Richmond, Indiana), Pacific Division, a corporation, brought this action to recover the installments alleged to be due from the defendant William Martin (respondent in this court) on a conditional sales contract executed by plaintiff and defendant for the purchase of one No. 2 Gennett synchronizer unit complete designed for use in co...
Views: 2
On March 17, 1930, respondent was a minor of the age of fourteen years and a student in the manual training department of the Garden Grove Union High School. On this day he was operating a jointer machine. His right hand slipped into the revolving blades so injuring it that it was necessary to amputate his index and second fingers at the second joints, and the third or ring finger at the first joi...
Views: 3
The plaintiff began this action against Verne S. Wilson and George D. Karsch, individually, and as copartners doing business under the name of Wilson Karsch, to recover on an assigned claim for goods, wares *Page 628 and merchandise sold to the defendants while doing business as copartners under the firm name and style of Wilson Karsch. The complaint, so far as this appeal is concerned, is base...
Views: 2
Judgment having been rendered in favor of the defendants in an action upon a conditional agreement for the payment of money to the plaintiff’s assignor, the plaintiff appealed. The complaint embraced in haec verba a written instrument reciting that whereas a named corporation was indebted to one W. I. Shanklin in the sum of $2,400 for services rendered, the said defendants would cause payment...
Views: 0
Plaintiff sued upon an order for the transfer of money held in a savings bank account. Defendants had judgment and plaintiff appeals upon typewritten transcripts. The complaint was framed in two counts – one for money had and received, the other to enforce a gift "causa mortis" in the form of an order or assignment executed by Patrick Glynn, deceased, upon the defendant bank. The administrator of ...
Views: 2
This is an appeal from a final order made by the superior court denying the issuance of a writ of certiorari, which appellant sought for the purpose of reviewing and having annulled a justice's court order vacating the default judgments of two defendants in an action for damages. The application for the writ was based upon the grounds that the notice given appellant of the hearing of the motion to...
Views: 0
Plaintiff, a resident and taxpayer of the city of Beverly Hills, sought to enjoin defendant, the city treasurer of the city of Beverly Hills, from paying a warrant in favor of the Pacific Mutual Life Insurance Company in the sum of $315.26 for the first year's premium due upon an insurance policy issued by said company to Charles Couts Blair, an employee of said city. The trial court overruled the...
Views: 6
Action for damages for personal injuries alleged to have been sustained by plaintiff through the negligent operation of an automobile by defendant H.H. Grady. The case was tried before a jury and resulted in a verdict and judgment in favor of the defendants. A motion for a new trial was made by plaintiff, based upon the following statutory grounds: "1. Insufficiency of the evidence to justify the ...
Views: 8
Petition to review and annul certain proceedings of the Superior Court of San Joaquin County. The facts are these: Earcle Firkins was injured in an automobile accident in the city of Tracy, San Joaquin County, on July 8, 1928. On July 25, 1928, he brought an action for damages in the superior court of that county against Leo Delmuto, the driver of one of the automobiles involved in the accident, h...
Views: 5
This is an appeal by defendants from a judgment quieting title of plaintiffs to certain property in Los Angeles County. The complaint is in the form ordinarily used in quiet title actions. The answer sets up a claim based upon a judgment in the sum of $6,090.12 with interest and costs rendered in an action wherein the present plaintiffs were defendants and the present defendants were plaintiffs. T...
Views: 4
Action for damages for personal injuries. Plaintiff was riding as a guest of defendant in an automobile owned and operated by him. While traversing the highway, defendant collided with a cement base of a wigwag signal at a railroad crossing, wrecking his car. The accident happened at Schuetzen Park crossing, south of San Jose, about 4 o'clock A.M. In consequence of the collision, plaintiff *Page 5...
Views: 8
THE COURT. An appeal from an order granting a new trial. The above action was brought by M.G. Kendall against Philip Kolb to recover upon two promissory notes. The latter filed a cross-complaint against Kendall, Grant O. Harde, Elizabeth M. Harde and A.B. Hall, alleging that the execution of the notes was induced by fraud, and seeking to set aside the transaction of which they formed a part. Upon ...
Views: 1
Plaintiff's first cause of action is one for services rendered by her personally and the second cause of action is upon an assigned claim for services rendered by Jewel W. Burns, her husband. The only attack by this appeal is upon the judgment on the first cause of action, whereby respondent was awarded $732.30 with interest from the date of the termination of her services. Appellant Renaker Compa...
Views: 5
The defendant was convicted on six counts, being all of the counts of the information; three burglaries, two robberies and one grand theft. Also, it was charged that before the commission of said several offenses the defendant had been convicted of four other felonies, occurring severally in the states of Idaho, Colorado and Texas, and in California, and that he had served terms of imprisonment t...
Views: 1
An action in equity to compel an accounting and to establish a trust in certain property. The case was tried before the court without a jury and judgment went in favor of the plaintiff and against defendant Charles S. Mann for $351.05 and against Citizens Trust and Savings Bank for $243.51. From this judgment, the plaintiff Charlotte Estelle Fuller prosecutes this appeal. The material facts are no...
Views: 3
THE COURT. On July 3, 1925, one Julia Powers commenced an action against plaintiff Blumenthal and others to recover certain shares of the capital stock of the Pacific Diesel Engine Company, a corporation. It was alleged that she had been fraudulently deprived of the stock and that the same had passed into the hands of Blumenthal as a purchaser. On July 3, 1925, a restraining order was issued, enjo...
Views: 9
This is an appeal from a judgment for the defendant in a suit to quiet title to real property. The plaintiff contracted to purchase lots 17 and 18, block 1, of Tract Number 3308 of the city of Los Angeles from the Pacific Southwest Trust and Savings Bank, for the sum of $1500. This contract was assigned to the defendant. May 11, 1926, after the lots had been fully paid for, at the request of the p...
Views: 1
The defendant corporation appeals from a judgment entered against it on a bond executed on its behalf by a Mr. Frederic, its attorney-in-fact. The judgment is attacked on several grounds, which may be summed up in these. The bond by its terms is not a binding obligation; its execution by Frederic does not bind the appellant. With neither of these propositions did the trial court agree, and neither...
Views: 0
Appellant brought this action in the court below to eject respondents from several mining claims which we will hereafter refer to as the Anaconda Group and which are located near Twenty-nine Palms in San Bernardino County, California. Findings of the trial court were made against the right of possession of appellant and judgment was entered for respondents, from which this appeal was taken. The...
Views: 2
Appellant, as the assignee of some 142 corporations, brought this action to recover a sum approximating $173,000 from the State of California. In his briefs he contends that this amount was illegally exacted and collected from his assignors as corporation franchise taxes in the year 1915. Judgment went against him in the court below, and we are constrained to affirm the same on appeal for the reas...
Views: 6
This action was instituted by appellant as plaintiff in the court below to recover a deficit resultant after a sale had been made under the provisions of a deed of trust securing a promissory note. The defendants named in the complaint were J. Albert Ferbrache and the respondent Mary J. Ferbrache, joint makers of said promissory note. The complaint was filed February 8, 1926, and summons issued th...
Views: 3
Defendant Donald Davis appeals from a judgment of conviction of the crime of robbery in the first degree. The appeal of defendant George Buchanan, taken at the same time, has heretofore been dismissed. Appellant's first point is that the district attorney was guilty of prejudicial misconduct in the cross-examination of a defense witness who testified that the general reputation of appellant in the...
Views: 10
Defendants appeal solely upon the judgment-roll from a judgment decreeing foreclosure of a mechanic's lien in the sum of $248.24. Appellants' brief fails to comply with rule VIII of the Rules for the Supreme Court and District Courts of Appeal. It contains but two headings, "The Complaint", and *Page 522 "The Findings", neither of which heading shows "the nature of the question to be presented". ...
Views: 1
The plaintiffs in this action are the owners of land on the west side of Capital Avenue in Santa Clara County, and the defendants own the land immediately across said avenue on the easterly side thereof. Defendants maintained on their lands a cement flume through which water was pumped for irrigation purposes. Plaintiffs allege in their complaint and the trial court found that waters escaped from ...
Views: 7
THE COURT. The defendant was convicted in the Superior Court of Butte County of a felony, to wit, the crime of rape. [1] The transcript on appeal was filed in this court September 24, 1931. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on January 4, 1932. No appearance was made for appellant at the time the case was called for hear...
Views: 0
The respondent corporation and its duly elected directors and officers petitioned the Superior Court of Los Angeles County for a writ of mandate, directing the defendants and appellants to deliver to the petitioners the corporate books and records which were withheld by said defendants, whom the petitioning directors had theretofore *Page 516 succeeded. The writ was granted as prayed, and the def...
Views: 0
The appellant commenced an action for damages alleged to have been incurred as a result of being struck by an electric car of the respondent while crossing its private right of way. At the conclusion of his evidence before a jury the trial court directed a verdict in favor of the defendant, and judgment having been entered accordingly, and a new trial denied, appeals were taken from said judgment,...
Views: 1
Plaintiff sued in equity to restrain the sale of real property under foreclosure of a trust deed and to compel the marshaling of assets held by defendant California United States Bond Mortgage Corporation. Plaintiff also asked for declaratory relief. From a judgment for defendants the plaintiff appeals on typewritten transcripts. The conclusion of the trial court that plaintiff was not entitled t...
Views: 0
The complaint in this action alleged an agreement under the terms of which plaintiff was to procure for defendants the necessary finances to drill an oil-well or to procure a responsible party or parties so to do. In May, 1927, defendant E.B. Campbell was the owner in fee simple of a lot situated on State Street in Los Angeles County which will be referred to as lot No. 1. Among other properties, ...
Views: 2
In this action to recover damages for personal injuries, the jury rendered a verdict in favor of plaintiff and against defendants in the sum of $5,000. From the judgment entered upon the verdict defendants appeal. The accident occurred at about 8:45 P.M. on the evening of October 14, 1929, at the intersection of Oxford Street and Berkeley Way in the city of Berkeley. Plaintiff, a pedestrian, was c...
Views: 2
[1] We are of the opinion that this appeal must be dismissed because it is taken from a nonappealable order. Appellant's default having been entered, it moved to have the default set aside because of its excusable neglect. This motion was denied and judgment entered. Appellant then moved to have the judgment set aside, relying on the same grounds it had advanced on the previous motion. From the or...
Views: 3
THE COURT. Appellant was accused by information of the crime of contributing to the delinquency of a minor. He was tried and convicted and sentenced to the county jail for a period of six months. Motion for a new trial was made and denied. This is an appeal from the judgment and order. [1] In support of the appeal it is first claimed that the trial court committed error in allowing certain persons...
Views: 6
THE COURT. On December 30, 1929, an interlocutory decree of divorce was granted to Sophie Willen upon her cross-complaint against Samuel Willen, alleging that the latter had been guilty of extreme cruelty. The decree awarded her the custody of the two minor children of the marriage. The court also found that certain property, namely, two policies of insurance on the life of Samuel Willen – one iss...
Views: 6
This action was commenced to recover $14,607.96, being the amount of taxes paid under protest. Judgment went for the defendants and this is an appeal therefrom. The facts giving rise to the question may be recited as follows: On the first Monday in March, 1926, the appellant had in its possession certain bonds and interim certificates which had been deposited with it for safekeeping by patrons res...
Views: 2
By this action plaintiff seeks to recover damages from the defendants arising out of the breach of a contract between plaintiff and defendant Lillian Gish. The claim against the defendants, other than Gish, is on the grounds that they and each of them, acting individually and in concert with defendant Gish, wrongfully caused and brought about the breach complained of. The cause was tried by jury a...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 370 Plaintiff above named appeals from the order of the Superior Court of the State of California, in and for the County of Los Angeles, granting defendants' motion to dismiss plaintiff's action upon the ground that the amended and supplemental complaint fail...
Views: 0
THE COURT. As the result of contempt proceedings instituted by plaintiff some four years after the entry of the final decree of divorce in the above action, the trial court made an order relating to the payment of alimony; and defendant has appealed from said order. The divorce action was instituted in October, 1924, upon the ground of extreme cruelty. There were no children, and no claim was made...
Views: 4
This is an action for the foreclosure of a mechanic's lien. The complaint alleges that the United States National Bank of Los Angeles is the owner and reputed owner of certain described premises; that on certain dates the Los Serranos Company engaged the plaintiff to furnish material to be used in the construction of a certain building on said premises at an agreed price; that the plaintiff furnis...
Views: 2
In an action commenced in the Superior Court of Los Angeles County against the petitioners herein praying judgment for an aggregate sum within the jurisdiction of said court, demurrers to four counts of the complaint which alleged demands for lesser amounts were overruled. The defendants thereupon petitioned for a writ of prohibition to restrain further proceedings in said action. It is averred by...
Views: 3
THE COURT. Plaintiff brought this action to recover the sum of $3,511.15 alleged to be owing to it by defendant under an agreement entered into between them. This agreement is set forth in the complaint. Defendant answered the complaint, denying any indebtedness to plaintiff and filed a cross-complaint in which he sought to reform said agreement. Judgment was rendered for plaintiff for $3,250, and...
Views: 1
The action is one for injunction to compel removal of an overhanging wall. The trial court denied the injunctive relief sought, but awarded plaintiff damages in the sum of $200; and plaintiff has taken an appeal which is presented on the judgment-roll alone. The sole question to be determined is whether the trial court abused its discretion in awarding damages instead of granting the injunctive re...
Views: 9
Appellant brought this action against George Schmidt (now deceased) to have him declared trustee of certain real property theretofore conveyed to him by appellant, to compel a reconveyance of said property to appellant and for an accounting for the rents, issues and profits thereof. The complaint was filed in July, 1918, and twelve years thereafter, in August, 1930, the action was brought to trial...
Views: 5
This is a motion to dismiss an appeal or to affirm the judgment rendered by the trial court. The grounds stated in the notice of motion are that the appeal was taken for delay only and that the questions on which decision of the cause depends are so insubstantial as to require no further argument. The language of the motion follows strictly the verbiage of section 3, Rule V, of the rules promulgat...
Views: 0
This is a motion by respondent to dismiss the appeal herein on the ground that the printed transcript of the record has not been served and filed within the time provided by section 1, Rule I, of the Rules for this court. By the affidavit of counsel for respondent, and by the certificate of the county clerk made pursuant to the provisions of Rule VI of the Rules for this court, it is made to *Page...
Views: 1
The plaintiff had judgment against the defendants for damages based upon injuries received in an automobile collision occurring on the twenty-first day of May, 1931. The collision took place on Folsom Boulevard between Forty-seventh and Forty-eighth Streets in the city of Sacramento, at about 5:30 o'clock in the afternoon. Just prior to the collision the plaintiff was driving easterly and the defe...
Views: 6
This is an action for damages. Judgment went for plaintiffs, and defendants appeal. Respondents now move to dismiss the appeal or to affirm the judgment. The grounds of appeal presented in appellants’ brief are, among others, that the evidence was insufficient to justify the verdict rendered, the trial having been by a jury, and that there was proof of contributory negligence requiring a verdic...
Views: 0
Respondent was awarded a judgment for the sum of $2,000 upon a complaint alleging fraud against appellant and asking for a judgment of $4,000 as damages. The answer denies the existence of any fraud or misrepresentation and sets up as a second defense that the complaint does not state facts sufficient to constitute a cause of action and a third defense that the action is barred by the statute of l...
Views: 0
This is an appeal from a judgment rendered in favor of the plaintiff corporation in a claim and delivery action. The facts essential to an understanding of the case are briefly as follows: On November 27, 1928, the appellant owned certain land, together *Page 320 with all the oil and eighty per cent of natural gas that might be produced therefrom. Being desirous of drilling for the oil and gas he...
Views: 0
Plaintiffs brought this action against defendant for specific performance of a remodeling contract embodied in a lease for ten years on a certain building at 3812 Brooklyn Avenue, Los Angeles, California, and for damages of $21,440. The alterations were to be completed within four months from the date of the execution of the lease, December 15, 1928. In accordance with the terms of the lease when ...
Views: 1
This is an action on a promissory note given by the defendants to the plaintiff as a second renewal in part of an original note given as part payment for an interest in a mercantile business. This note, as well as each of the prior notes, contained the clause “With privilege of renewal. ’ ’ The note here sued on was executed on December 15, 1930, was payable March 15, 1931, and this action was co...
Views: 0
This is an appeal from a decree of partial distribution of a double house and lot in Sacramento which was made to the respondent pursuant to the terms of an holographic will. It is contended the devise is void on account of a defective description of the property. It is also asserted the court erred in receiving oral evidence identifying the premises since ambiguity does not appear in the language...
Views: 2
This is an action instituted to recover damages resulting from injuries to Marie L. McKinley, wife of H.G. McKinley, while Mr. and Mrs. McKinley were riding in an automobile as guests of defendant. The trial court found that defendant was guilty of gross negligence which was the proximate cause of the injury, and that H.G. McKinley was guilty of negligence which proximately contributed to the inju...
Views: 4
This action is to quiet title. J.W. Roman and Quida Roman, his wife, on May 21, 1925, executed a deed of trust to a bank later merged into defendant Citizens Trust and Savings Bank, as trustee for Charles Stone, beneficiary. June 26, 1925, Stone assigned to defendant Brian K. Welch. Defendant John D. Beyer as trustee in bankruptcy for Beverly Ridge Company, a copartnership, received a grant deed f...
Views: 1
The purpose of this action is to have it adjudged that a certain restrictive covenant in an oil lease is inoperative and unenforceable and to remove said covenant as a cloud upon the title to real property belonging to plaintiffs. The complaint contains seven counts. Demurrers were sustained to the last four counts, and upon failure to amend the cause was tried upon the first three counts. The tri...
Views: 3
In this action the plaintiff had judgment as hereinafter stated, from which judgment the defendant appeals. (For convenience, the plaintiff will hereafter be referred to as "Association" and the defendant as "Exchange".) On the sixth day of July, 1907, an agreement was entered into between the Association as the party of the first part and the Exchange as party of the second part, for the marketin...
Views: 5
Heretofore the respondent made a motion to dismiss this appeal, which motion was denied. (*Cal.App.) 14 P.2d 127. [1] He has now moved for an affirmance of the judgment upon the ground that the appellant has failed to print sufficient of the record to justify a reversal, and in particular he points to the fact that the only point raised by appellant is that the court erred in its refusal to direct...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 251 In the year 1868, A.D., George B. Horton, who at that time was a married man of approximately twenty-six years of age, accompanied a considerable number of other persons on a wagon-train from the town of Burleson, Texas, to a destination in the state of C...
Views: 0
This is an appeal from an order denying defendant's motion to vacate a judgment which was rendered against him. The motion was duly made pursuant to the provisions of section 663 of the Code of Civil Procedure. The appeal is presented on a bill of exceptions. The evidence which was adduced at the trial is not before this court. The plaintiffs, as the assignees of the California Breeders Service Co...
Views: 1
Plaintiffs, as lessors, and defendant, as lessee, entered into an agreement whereby certain real property was let for the term of ninety-nine years. The instrument provided, in part, that the lessee should "bear and discharge all . . . taxes . . . which may be taxed, charged, assessed, levied or imposed upon said leased premises . . . at any time during the continuance of this lease . . . to the e...
Views: 0
The action is to recover from the Oakland Mortgage Finance Company the residue or balance of a loan fund remaining in the hands of the Mortgage Company, the loan having been theretofore arranged by one George Phillips and wife to meet progress payments on a building erected for them by one G.R. Sterne as contractor. This instrument reads: "Oakland, California, June 8, 1927. "Oakland Mortgage Fin...
Views: 0
THE COURT. The first of the above actions was brought by the father of Wilton Woo, a minor, to recover the expense incurred in connection with injuries alleged to have *Page 236 been suffered by the minor; and the second was for the recovery by the minor of damages due to the same injuries. It was alleged that the injuries resulted from the negligence of defendants. The cases were consolidated fo...
Views: 1
The defendant was accused of the crime of grand theft in separate counts of an indictment. In the first count it was charged that on or about December 21, 1928, the defendant took from Pauline Weide 35 shares of stock in the Southern California Edison Company of the value of $1,019.38, and $273.96 in cash. In a second count, it was charged that on or about November 30, 1928, the defendant took fro...
Views: 9
Plaintiff originally instituted this action against the defendants Ida Leonard, John Doe Leonard, her husband, and Charles Leonard, to rescind, on the ground of fraud, a certain contract entered into between him and defendants Ida Leonard and Charles Leonard. The contract whose rescission was sought was one whereby plaintiff had agreed to exchange an interest in a confectionery store which he owne...
Views: 1
The defendant was charged with the murder of Pearl Frederick Harshaw with whom he had lived twenty years without the formality of marriage. He entered a plea of not guilty of the crime charged and also not guilty by reason of insanity. Separate trials occurred upon these issues. A jury found him to be sane at the time of the homicide. Another jury convicted him of the crime of murder of the second...
Views: 2
Defendant appeals from a judgment of $3,000 on a life insurance contract payable to respondent herein as beneficiary. The defendant claims that Byron E. Fales, the insured, had made false representations in his application for the policy. The application wherein the alleged false representation was contained was dated March 14, 1929, and the policy issued March 21, 1929. The insured died January 1...
Views: 1
THE COURT. Plaintiffs brought this action to quiet the title to a certain tract of land alleged to be owned by them. The complaint alleges that defendants claim some interest in said land, but that the same is without right. Defendants by their amended answer deny that they have no interest in said land and aver that they own an easement or right of way across it and that they and their grantors a...
Views: 4
Respondent has moved to dismiss the appeal in this case upon the ground that the notice of appeal was not filed within the time required by law. The record shows that notice of intention to move for a new trial was filed on May 27, 1932, there having been no notice of entry of judgment theretofore served upon appellant. Subsequently, and on May 31, 1932, respondent served upon appellant a notice o...
Views: 5
[1] The respondents have made a motion to dismiss the appeal herein on the ground that appellants' opening brief violates that portion of Rule *Page 192 VIII of the Rules for the Supreme Court and District Courts of Appeal requiring each point to be presented separately "under an appropriate heading, showing the nature of the question to be presented or the point to be made". There are but two he...
Views: 2
The present appeal is from the "decision and order rendered in the above entitled estate on the 2nd day of September, 1930, and filed in the office of the Clerk of the Superior Court of the County of Imperial on the 2nd day of September, 1930, and from the whole thereof wherein said decision and order settles and approves the account of John R. Wardlaw, as the administrator of the estate of Charli...
Views: 1
THE COURT. The above action was brought to recover for damage due to injuries received in an automobile collision. Defendant was traveling north on a public highway. He was in the act of turning to his left at an intersection when a collision occurred with a car proceeding south in which plaintiff was riding as a guest. The complaint alleged that the injuries were caused by the defendant's neglige...
Views: 1
This is an appeal from an order admitting to probate two documents as the last will and testament of W.S. Miller, deceased, who died at Lone Pine, Inyo County, on the twenty-seventh day of March, 1931. He left surviving him a brother, Thomas N. Miller, the contestant and appellant here, and a sister, Ida May McNeal. The sole beneficiary named in the purported will was Minnie Miller, a cousin of de...
Views: 7
This is an action to quiet title. From a judgment in favor of plaintiffs, defendant appeals. *Page 175 Plaintiffs deraigned their title from Albert Rutherford while defendant relied upon a tax deed dated August 22, 1928, issued to him by the tax collector of Los Angeles County. The tax deed recites that the property was duly assessed for taxation in 1922 to Albert Rutherford and was thereafter so...
Views: 3
Plaintiff brought this action to recover a balance due and unpaid on a promissory note executed by defendant Adelle M. Bangs and the indorsement thereon signed by defendant Katheryn Sinnige. The complaint alleged that the note was executed on July 3, 1929; that Katheryn Sinnige was named as payee therein; that payment of the note was secured by a certain deed of trust; that such security had been ...
Views: 4
Plaintiff instituted five separate actions to foreclose five different mortgages on real property executed by defendant to secure payment of a like number of promissory notes each of which was for the principal sum of $2,250. On plaintiff's motion the five suits were consolidated for trial purposes and at the conclusion of the trial a single decree was rendered ordering the sale of the various par...
Views: 8
In this action the plaintiffs sought to recover damages for the death of their son Edwin J. Hanson, resulting from an automobile accident which occurred at the intersection of Lime Street and Twelfth Street in the city of Riverside. Lime Street runs north and south and Twelfth Street east and west. The deceased, who was twenty-seven years old, was driving an automobile westerly on Twelfth Street a...
Views: 0
Defendants obtained judgment against plaintiff for $5,000 on a cross-complaint, and plaintiff appeals. The litigation grew out of a written contract whereby plaintiff purported to sell, assign and transfer to defendants the exclusive right to prospect and drill for, produce and market oil and gas pursuant to government permit from lands leased or about to be leased from the government. At the time...
Views: 0
This action was brought to recover for injuries. received by Elizabeth Lyons (hereinafter referred to as the plaintiff) as the result of having been struck by defendant’s automobile, and for consequential damages sustained by Charles A. Lyons, her husband. 'The cause was tried by the court, which found in favor of the plaintiffs in the sum of $800, and defendant has appealed from the judgment. ...
Views: 1
This is an action based upon two negotiable promissory notes. The first cause of action alleges the execution of a promissory note on the twentieth day of October, 1929, by defendant to one William W. Ross in the sum of $1,065.84, payable six months after date. It is then alleged that subsequently thereto said promissory note was duly assigned and delivered to the plaintiff and that plaintiff is n...
Views: 2
This is an action for damages brought by Milford W. Dahl, a minor, through his guardian ad litem, against Charles Spotts and Pernel Barnett for injuries received while he was riding as a guest of Spotts in a Ford delivery truck. Barnett was the owner of the truck. The jury returned a verdict for $2,500 in favor of the minor, from which this appeal is taken, as well as from an order denying motion ...
Views: 3
This is a petition to review an award of damages which was rendered against the Highway Division of the Department of Public Works of the State of California pursuant to the Workmen's Compensation, Insurance and Safety Act, on account of the death of a laborer which occurred as the result of an automobile casualty. In January, 1932, Edward E. Dreyer was employed by the Department of Public Works o...
Views: 2
This cause is again before us upon the application of the above-named petitioners praying that a writ of mandate be issued commanding and directing the respondent, as the trustee of the bond fund of Reclamation District No. 784 to cancel the entry made by him on the records of said district wherein it is purported to state that in receipt of the face value of $5,000 of unmatured bonds the assessme...
Views: 1
Petitioner was tried upon a charge of the commission of crime under an information in two counts. The nature of the first count need not be stated, as nothing connected with it is material to the present controversy. The second count charged murder. Under this count petitioner could have been convicted, upon evidence satisfactory to the jury and under the theory of the prosecution, either of murde...
Views: 11
Defendant was charged with the commission of crime in three counts, two of kidnaping and one of assault with a deadly weapon. He was acquitted under the latter count but was convicted under the other two. He appeals from the judgment of conviction and from an order of the trial court denying his motion for a new trial. [1] The sole point made by appellant is that the evidence was insufficient to s...
Views: 2
The defendant was duly convicted of the crime of the attempt to commit robbery of the first degree and from the final judgment of conviction and the order denying his motion for new trial, defendant has appealed. The defendant entered a haberdashery, approached within one or two feet of the proprietor, pointed a gun at the proprietor, and said, "Stick them up." The proprietor ran out of the door o...
Views: 10
Petitioner seeks annulment of the award of the respondent commission granting compensation to Mrs. Mattie Toy for injuries sustained by her on July 6, 1931. The petitioner is the insurance carrier of the "San Francisco Chronicle", a daily newspaper. [1] Contending that Mrs. Toy was merely a news-lady engaged in selling the papers of the publishing company, petitioner cites and relies upon New York...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 96 THE COURT. This action was brought by plaintiff against defendant for damages for injuries sustained by him through the alleged negligence of defendant. The action was tried by a jury which rendered its verdict in favor of the plaintiff. Defendant moved fo...
Views: 4
Plaintiffs brought this action against defendants for an injunction preventing the alleged violation of building restrictions. After sustaining defendants' demurrer to plaintiffs' complaint without leave to amend and denying plaintiffs' motion for a temporary injunction, the trial court entered a judgment dismissing the action with costs, from which plaintiffs appeal. It appears that plaintiffs' l...
Views: 2
This matter is before us upon an application of the above-named petitioner for a writ of mandate directing the respondent to enter an order of dismissal in a certain action pending in said court wherein the above-named petitioner is plaintiff and Albert Casper is defendant, in which action the petitioner had judgment against said Casper in the sum of $158.49 as principal and $6.25 costs, in the Ju...
Views: 1
This appeal was taken by the defendant, W.W. Funge, Jr., now deceased, from an order denying his motion to offset judgment and issue execution for an amount claimed to be due as repayment and contribution. (Sec. 709, Code Civ. Proc.) The controversy arises out of the following facts: Appellant entered into a contract with the respondents, McIntosh Bros., for the construction of a building on appel...
Views: 2
This is an action for damages for loss of bees and apiary equipment destroyed by fire which plaintiff alleges escaped from the dumping ground of the City of Riverside. A verdict was rendered in favor of plaintiff and judgment entered in the sum of $1328.70, from which defendant appeals. The City of Riverside, a municipal corporation organized and existing under a freeholders' charter, owned a size...
Views: 14
This is an action to recover for goods sold by the plaintiff to the defendants upon an open book account. The defendants had been copartners, and on May 1, 1930, the partnership was indebted to the plaintiff in the sum of approximately $4,000. On that day the defendant Franzen executed and delivered to the plaintiff two promissory notes totaling the sum of $2,500. On June 7, 1930, the defendant So...
Views: 3
THE COURT. The appellant was convicted in the Superior Court of Sacramento County of a felony, to wit: Burglary of the second degree. [1] The transcript on appeal was filed in this court October 14, 1932. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on December 5, 1932. No appearance was made for appellant at the time the case was...
Views: 0
The defendant was convicted of grand theft upon an information in four counts charging that on the fourteenth day of August, 1931, he took the property of O.G. Gould, consisting of $250. Second count is to the effect that the defendant, on the twenty-second day of September, 1931, took the property of R.J. Reilly, consisting of the sum of $250. The third count charges that on the twenty-fifth day ...
Views: 6
The plaintiff obtained judgment for $15,000 damages for personal injuries sustained in an automobile casualty. The cause was tried with a jury. Upon motion, the court granted a new trial on the grounds that the amount of damages is excessive and that the judgment is not supported by the evidence. From this order granting a new trial the plaintiff appealed. *Page 40 On the evening of September 22,...
Views: 2
This is an appeal from a judgment affirming on review an order of the Board of Medical Examiners by which the petitioner was suspended from practice in this state as a physician and surgeon for "unprofessional conduct". The accusation presented to the board was in two counts, the first alleging the violation of subdivision seventh (a) of section 14 of the Medical Practice Act, and the second charg...
Views: 1
The petitioner asks to be released through habeas corpus from detention by the chief of police of the city of Los Angeles. She was arrested on a morals charge, examined physically in the usual course by employees of the health department, and it appears that such examination indicated that she was afflicted with a venereal disease. This fact, however, she disputes, has demanded another examinat...
Views: 7
This is an appeal from an order denying defendant's motion to recall and quash a writ of execution. December 3, 1925, plaintiff recovered judgment against the defendant for the sum of $465.06, together with interest and costs. In November, 1926, the defendant offered in writing to pay plaintiff the sum of $375 in installments of $50 a month in full satisfaction of the judgment. In reply to this of...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 12 This action was instituted by plaintiff to recover from the defendant the sum of $5,743.13 alleged to be due from said defendant for earned premiums on certain policies of public liability and workmen's compensation insurance issued by plaintiff in which d...
Views: 6
This action was instituted by plaintiffs, husband and wife, to recover from defendants, husband and wife, damages for personal injuries sustained by said plaintiffs, as a result of a collision that occurred between an automobile which was being driven by defendant, George E. Roques, and a motorcycle upon which both plaintiffs were riding and which was being operated by the male plaintiff, S.Y. Rob...
Views: 0
An interlocutory decree of divorce, with alimony and attorney fees, was heretofore secured against the petitioner herein, John Walker O'Leary, by his wife, Clara Mae O'Leary. Thereafter the wife filed an affidavit alleging that the attorney fees and the accrued alimony had not been paid. Proceedings were had on an order to show cause and the husband was sentenced to jail for contempt in not comply...
Views: 1
THE COURT. An appeal from an order denying the motion of Gladys R. Minnich for an allowance to cover cost of preparing her appeals from the judgment entered in the above actions, together with alimony pending the appeals, and attorneys' fees. The first action was for separate maintenance brought by appellant, and the second was an action by which respondent sought a divorce from appellant on the g...
Views: 1
The plaintiffs, who are husband and wife, brought separate actions against defendants for damages on account of personal injuries received in an automobile accident. Said actions were consolidated for trial. A separate verdict was rendered in each case in favor of the defendants, upon which judgment was entered accordingly. The motion of each plaintiff for a new trial having been denied, separate ...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 159 The trial court sustained the defendant's demurrer to the plaintiff's third amended complaint without leave to amend. From the judgment entered thereafter the plaintiff appeals. The action was originally begun by Della Greenberg, a stockholder in the defe...
Views: 1
On August 12, 1927, at about 6 o'clock in the evening the plaintiff alighted from an eastbound street-car on the west side of Seventh and Spring Streets, in Los Angeles. At the time she started to alight she saw a truck just east of Broadway. She stepped off the car into a safety zone plainly marked with paint and large metal traffic buttons, which zone was 6 feet wide and 102 feet long, extending...
Views: 2
Upon charges of arson and burning insured property the appellant was found guilty by a jury. He was also charged with having previously been convicted of a felony and of having served a sentence therefor, which latter charge he admitted. He appealed from the judgments entered upon said verdicts and from an order denying a motion for a new trial. [1] The sole ground assigned for a reversal consists...
Views: 13
This is a motion to dismiss the appeal or affirm the judgment on the grounds that the appeal is taken for delay and that the questions presented for the decision of this court are so unsubstantial as not to require further argument. The motion is made under section three of rule V of the Rules for the Supreme Court and District Courts of Appeal. Respondent was injured in an automobile accident in ...
Views: 1
This action was brought for the purpose of annulling an assessment upon, and restraining the defendants from selling, the plaintiff's stock in the defendant corporation. A demurrer to the second amended complaint was sustained without leave to amend and judgment of dismissal entered, from which judgment this appeal is taken. It appears from the second amended complaint that a portion of the articl...
Views: 0
Defendant was tried before the court sitting without a jury upon an information charging the theft of an automobile. He was found guilty as charged and his motion for a new trial was denied. The defendant was the owner of a Chevrolet sedan, 1927 model, which he drove into a certain parking station in the city of Oakland. He left his car and walked over to a Chevrolet coupe, 1926 model, and star...
Views: 1
THE COURT. Plaintiff was struck and injured by a bicycle ridden by defendant Perez, who was an employee of defendant corporation. The jury returned a verdict in her favor for the sum of $1750. Defendants moved for a directed verdict upon the grounds that there was no evidence of negligence on their part and that plaintiff was guilty of contributory negligence in failing to look in the direction fr...
Views: 2
This is an appeal from a judgment entered following an order sustaining, without leave to amend, a general and special demurrer of the Louis K. Liggett Company to a second amended cross-complaint. This is an appeal in the same action as that of the City of Los Angeles v. Blondeau et al., bearing our Civil No. 986 (ante, p. 136 *Page 140 [15 P.2d 553], the opinion in which has this day been filed ...
Views: 4
Plaintiffs brought this action for an injunction and accounting. Defendants all answered and cross-complaints were filed by Verdugo Lumber Company, a corporation, and Emil F. Swanson, doing business under the fictitious firm name and style of Eagle Rock Lumber Company. Judgment was for cross-complainants and plaintiffs and cross-defendants appeal. Plaintiffs executed and delivered to one Harold L....
Views: 5
This is an action for damages for injuries received on September 5, 1930, in a collision between two automobiles at the intersection of two public highways. The plaintiff was riding in the rear seat of an automobile driven by the defendant Ott, which was proceeding easterly on Washington Avenue, in Fresno County. Another machine, owned by the defendant Stokes and in which he was riding, but driven...
Views: 4
The petitioner having failed to comply with a judgment awarding alimony, as modified, and with subsequent orders of the Superior Court of Los Angeles County, was pronounced guilty of contempt of said court. He prays that the order last mentioned be reviewed upon the ground that it appears upon the face of the record that the same was in excess of the jurisdiction of the tribunal which made it, and...
Views: 0
This is a motion to dismiss the appeal on the ground that the appellants failed to comply with certain portions of rule VIII of the Rules of this court, adopted by the Judicial Council of the State of California on the sixth day of May, 1932, and which took effect on the first day of July, 1932. In its notice of motion to dismiss the appeal respondent has not sufficiently designated the portions o...
Views: 0
Plaintiff instituted this action to quiet title to certain real property. The complaint is in the form usually employed in actions of this character. It alleges ownership in fee in plaintiff and that defendants claim some interest in the property adverse to plaintiff which claim is alleged to be without right. The prayer is that defendants be required to set forth the nature of their claims and th...
Views: 0
The defendant was tried upon an information containing a number of counts charging petty larceny, together with a count charging a previous conviction of a felony. The defendant pleaded guilty to the count charging a prior conviction, and was found guilty on counts Nos. 10 and 11, charging petty larceny. The appeal is from the judgment of conviction, and from the order denying the defendant a new ...
Views: 3
From the record herein it appears that the defendant Margulis-Stulman Company, a corporation (hereinafter referred to as the defendant), was the owner of a certain lot which was valued by it at the sum of $7,950, and that plaintiff was the owner of two other lots on which she placed a value of $2,000. At the instance of the defendant, a written agreement was entered into between the parties by whi...
Views: 5
Appellants were convicted in the Superior Court of Riverside County of the offense of contributing to the delinquency of minors. The verdict of conviction was returned on June 22, 1932, and the court fixed June 27, 1932, as the date on which judgment would be pronounced. On the last-mentioned date appellants presented to the trial court a motion for new trial, which motion was then and there denie...
Views: 0
Respondent moves to dismiss the appeal from the judgment herein and from the order denying appellant's motion for a new trial, also from the order denying appellant's motion to vacate the judgment. The motion to dismiss the appeal is made on the ground that appellant failed to file his notice of appeal and his notice to prepare transcript and to perfect the appeal within the time required by law. ...
Views: 4
These are actions brought by the same plaintiff to quiet title to identical parcels of real property, but against different defendants. The two cases were by stipulation tried together. During the progress of the trial and before the submission of the cause for decision, the court, upon motion of plaintiff, ordered each case dismissed without prejudice, and it is from these orders of dismissal tha...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 82 THE COURT. An appeal by Gertrude A. McCarthy, the widow of George McCarthy, deceased, from a decree of partial distribution to Frank McCarthy. The will of decedent, which was holographic, contained the following provision: "I . . . leave and bequeath to my...
Views: 5
[1] A motion to dismiss this appeal was made upon the ground of the failure of appellant to file his opening brief within the time prescribed. The transcript was filed in this court on July 22, 1932. Notice of motion to dismiss the appeal was filed on September 17, 1932, the time for hearing being set for October 11, 1932. On September 19, 1932, copies of the opening brief were sent by appellant t...
Views: 0
At the time involved herein the defendant was engaged in paving certain streets in a section of San Diego known as Point Loma. The plaintiff was employed as a truck driver by the Orndorff Company, which company, under an agreement with the defendant, was hauling materials for this paving and also doing such towing for the defendant as might be required. For our present purposes it may be said tha...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 52 This is an appeal from a judgment of the Superior Court of Imperial County, wherein the respondent recovered judgment in the sum of $7,000 damages resulting from the death of her husband, Jose G. Gayton, caused by his being struck by an automobile truck be...
Views: 5
The defendants were convicted of simple assault and also of the crime of kidnaping one Tiofolo Papito and carrying him from the county of Merced into the county of San Joaquin. From the judgment of conviction and the court's denial of their motion for a new trial, the defendants appeal. Upon this appeal no point is made as to the sufficiency of the testimony supporting the count charging assault, ...
Views: 9
The defendant was convicted of the crime of burglary upon two counts contained in an information filed against him by the district attorney of Del Norte County. The information contains four counts. The defendant was acquitted on counts 1 and 3, and convicted on counts 2 and 4. From the judgment of conviction based upon counts 2 and 4, and the order denying his motion for a new trial, the defendan...
Views: 8
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 32 This action was brought to enjoin defendant from diverting water from the Sacramento River, through its irrigation canal, until such time as a fish screen is constructed and maintained, by defendant, so as to prevent the destruction of fish in consequence ...
Views: 6
The complaint, as filed in this action, stated a cause of action against defendant for recovery *Page 29 of the sum of $8,929, with interest as stated. C.B. Conlin and S. Jack Cohen were plaintiff's attorneys of record. On the face of the record it appears that after due service of summons and complaint, the default of the defendant for failure to appear was duly entered, and judgment was entered...
Views: 2
Plaintiff instituted an action for divorce on the ground of extreme cruelty, setting forth eleven specific acts of marital misconduct on the part of the defendant. The trial court found in favor of plaintiff and against the defendant's cross-complaint and plea of recrimination. Appellant states in his opening brief that as to several of the accusations pleaded by plaintiff and found to be true by ...
Views: 4
Respondents H.O. Henderson and Louisa P. Henderson held a mortgage on property in the city of Long Beach, which they were compelled to foreclose and which they bid in at the foreclosure sale for $35,000. R.E. Allen was the commissioner who made the sale. Before the redemption period expired on December 28, 1928, appellant acquired assignments of the redemptioners' right to redeem and received quit...
Views: 0
The defendant was convicted of pandering in violation of the Statutes of 1911, page 9, 1 Deering's General Laws of 1931, page 819, Act 1906. The information charges that he did "wilfully and unlawfully and feloniously procure for a female person . . . a place as an inmate of a house of prostitution". The appellant contends the verdict is not supported by the evidence for the reason that the female...
Views: 15
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 3 THE COURT. Gladys R. Minnich, the appellant in the above actions, is the wife of respondent, Jesse C. Minnich. On November 19, 1928, she filed in the Superior Court of Los Angeles County an action for divorce from respondent on the ground of cruelty. This a...
Views: 10
This is an appeal from a judgment in a case brought under the Usury Law. (Act 3757, Gen. Laws.) The complaint alleges that Ben J. Tufeld agreed to loan plaintiffs $1474 on October 30, 1925, and on said date plaintiffs executed to him their note for $1474 with interest at eight per cent per annum, principal payable in installments as follows: $184.25 on November 30, 1925, and a like amount on the t...
Views: 2
This is an action to recover royalty—$4,000 for the year June 3, 1928, to June 3, 1929, and $1,000 for the quarterly period from June 3, 192'9, to September 3, 1929,—alleged to be due from defendant to plaintiff, under the terms of a contract entered into between the said parties under date of June 3, 1924. This contract provided for the sale by plaintiff to defendant of certain specified machine...
Views: 1
This is an action to recover damages for injuries sustained in an automobile collision. The action was tried before the trial court sitting without a *497 jury. It made findings in favor of the defendant and from the judgment entered thereon the plaintiff has appealed. On the nineteenth day of October, 1930, the plaintiff drove his truck to the grape market in San Francisco for the purpose of...
Views: 5
This cause is before us upon appeal by the above-named contestants from an order and decree of the trial court finding the property of the deceased to be separate property, and decreeing its distribution as such. The record shows that William P. Barnes, deceased, and Emmarene Barnes, also deceased, intermarried on the twenty-seventh day of March, 1903, and lived together continuously *Page 490 as...
Views: 14
In an action for damages arising from alleged negligence in the operation of a motor vehicle, findings of fact, conclusions of law and judgment rendered in favor of the plaintiff on account of personal injuries were affirmed. (127 Cal.App. 728 [16 P.2d 779].) By the same findings of fact it is recited that the plaintiff's automobile was damaged in the sum of $211.30 by the same negligent acts of t...
Views: 0
On December 17, 1928, the defendant and his wife owned certain parcels of land adjacent to San Rafael. At that time they were using the land as an amusement park. They entered into a written contract with the plaintiff under the terms of which the plaintiff *486 would be permitted to install certain amusement devices. It was further provided that the plaintiff should operate the said devices an...
Views: 1
This is an original proceeding in mandamus to require the respondents to comply with the provisions of the "Narcotic Rehabilitation Act" (Stats. 1927, p. 149; Deering's Gen. Laws, Act No. 5320). The facts are without dispute. A "patient" within the meaning of the act was duly and regularly committed to the state narcotic hospital by order of the Superior Court sitting in the City and County of San...
Views: 6
This action is brought for a declaratory judgment that plaintiff is the owner of a right of way over defendant's property and that this right of way be declared a public roadway. Plaintiff owns land in San Mateo fronting on a public street, the rear line of which is bounded by property of defendant. Defendant owns a lot fronting on a street running at right angles with the street on which plaintif...
Views: 3
Action by plaintiff for a decree establishing a lien for street work in the sum of $1,021.44 and interest, performed pursuant to the provisions of Ordinance No. 4720, New Series (1918), upon the property of defendant in the city and county of San Francisco, state of California. From a judgment in favor of plaintiff, defendant prosecutes this appeal. There is no dispute about the facts; upon the tr...
Views: 4
Michael E.I. Mitchell and other members of the San Francisco police department were examined for the purpose of establishing a list of persons eligible for appointment to the position of captain of police. The examination covered many subjects, and it appears there was a total of four hundred questions asked. A "key" for rating the answers was prepared by examiners appointed by the Civil Service C...
Views: 10
The plaintiff had judgment against the defendant for the sum of $915.01, based on an action to recover that sum on account of taxes paid by the plaintiff, which the complaint alleges should have been paid by the defendant. On the fifteenth day of February, 1927, the plaintiff and the defendant entered into an agreement of purchase and sale, whereby the plaintiff agreed to sell to the defendant, an...
Views: 2
This appeal is prosecuted upon the judgment-roll by Wilshire Mortgage Corporation from certain portions of a judgment entered against appellant in nine separate mechanics' lien cases which were consolidated for trial. The actions were instituted by various persons claiming liens on the real property described in the complaints, and in some of the complaints it was alleged that Wilshire Mortgage Co...
Views: 2
This is an appeal from a judgment of dismissal entered after the sustaining of a demurrer to plaintiff's first amended complaint. It appears from the amended complaint that plaintiff and appellant is the owner of a beach lot bordering on the Pacific Ocean within the territorial limits of the defendant and respondent, City of Long Beach, upon which lot appellant maintains a club building; that resp...
Views: 5
THE COURT. This action was brought by plaintiff to reform a policy of insurance issued to it by defendant, covering protection against insolvent debtors so as to include therein the account of Mox Inc., an alleged debtor of plaintiff, and to recover the sum of $7,066.25 as a loss sustained by plaintiff through the alleged insolvency of said Mox Inc. The amended complaint contains three counts. Def...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 406 THE COURT. With certain exceptions and additional observations which will hereinafter appear the court adopts the opinion of Justice protem. Lamberson originally filed in this case: *Page 407 "The plaintiff was employed as an able seaman on the tank stea...
Views: 13
On July 26, 1931, F.W. Henderson died testate, leaving him surviving his wife, Ferne A. Henderson, and a son, the offspring of a former marriage. By his will he appointed his son executor and residuary legatee of a considerable estate. Referring to his wife in his will he said "To Ferne A. Henderson, my wife, I give nothing for the reason that she is already provided for and has sufficient for her...
Views: 6
This is an appeal on the part of the State of California from a decree of the probate court distributing to Delia Woolsey Perry, as sole surviving heir, the entire estate of the deceased. The State of California intervened in the proceeding for distribution under the provisions of section 1269a of the Code of Civil Procedure, claiming that the deceased died without known heirs and that the estate ...
Views: 1
This action was brought by plaintiff, Anna C. Marckwardt, to recover damages from defendant, Ida Hayworth, also known as Mrs. Henry C.J. Marckwardt, for the alienation of the affections of plaintiff's husband, Henry C.J. Marckwardt. Upon the conclusion of the trial of the issues of fact, the matter was submitted to the jury, which returned a verdict in favor of plaintiff in the amount of $15,000 c...
Views: 1
Petitioners filed with respondent court a notice of appeal from a judgment entered against them by a justice court in an action in which they were defendants. In due time they also filed with respondent court an undertaking on the appeal with two sureties, and the opposing parties thereafter excepted to the sufficiency *732 of the sureties under section 978a of the Code of Civil Procedure and t...
Views: 1
As the result of three actions which arose from allegedly negligent operation of a motor-bus and a private automobile at an intersection of public thoroughfares, consolidated for the purposes of trial, judgments were rendered in favor of the plaintiffs. The defendants presented several appeals therefrom upon the same transcript. The instant appeal is from the judgment entered in favor of the owner...
Views: 0
In an action arising from injuries received by the appellant, a pedestrian, through an accident resulting from the respondent's automobile having collided with appellant while crossing at an intersection of public streets, judgment was entered upon an instructed verdict in favor of the respondent. [1] The only question presented as a ground for reversal is as to whether or not the evidence adduced...
Views: 3
The plaintiff had judgment in this action based upon a complaint alleging breach of contract on the part of the defendant, in which contract it was agreed that the plaintiff should harvest for the defendant approximately 1500 acres of barley for and during the cropping season of 1930, at an agreed price of $3 per acre, the plaintiff to furnish all men and equipment for operating the harvester and ...
Views: 0
[1] Petitioner is in custody under an alleged conviction on a criminal charge before a justice of the peace, petitioner's contention being that the docket of the justice fails to show that petitioner had a trial before the judgment of conviction was rendered. At the oral argument respondent was permitted to file an amended return to the writ, by which it was shown that since the issuance of the wr...
Views: 8
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 705 By the first count of the information appellants were charged with the crime of robbery, committed on the third day of February, 1932. By the second count they were charged with grand larceny committed on said third day of February, by stealing an automob...
Views: 10
Defendants' demurrer to plaintiff's complaint was sustained without leave to amend, and plaintiff appeals. The action was one to have declared void a street assessment levied against plaintiff's lot pursuant to proceedings taken under the authority of the Street Opening Act of 1903 (Stats. 1903, p. 376), and to enjoin the enforcement of said assessment. It appears from the complaint that the impro...
Views: 1
The city of Long Beach instituted an action in eminent domain against the petitioners here February 3, 1926, and on that date the respondent court made its order fixing the amount of money to be deposited by the plaintiff as a condition of being admitted to immediate possession of the premises involved and also made its order letting plaintiff into possession upon making the required deposit. In d...
Views: 3
A receiver having been appointed by the Superior Court of Los Angeles County, and having qualified and taken over the assets of Fanchon, Inc., a corporation, the petitioning trustee in bankruptcy of Mills-Walker Company, applied to and received from said court an order to show cause why the appointment of the receiver should not be vacated and set aside. Following a hearing and adverse determinati...
Views: 3
Plaintiffs brought this action to set aside a deed upon the grounds of undue influence, fraud and nondelivery; also to quiet title to an undivided two-thirds interest in the property described in the deed. In her answer defendant denied specifically the allegations of the complaint, including those relating to plaintiffs' claim of ownership in the property, and in this behalf alleged affirmatively...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 683 THE COURT. The above action was brought to recover for the alleged breach of a contract to purchase all the green and ripe tomatoes grown by plaintiff on 30 acres of land. The plaintiff was referred to in the contract as the grower, and defendant corporat...
Views: 3
This is an appeal by defendant from an order denying his motion for a change of place of trial based upon the ground of nonresidence. [1] The complaint contained two counts, the first being for the foreclosure of a mechanic's lien theretofore filed against property situate in the county in which the action was brought, and the second for the recovery of the reasonable value of the work and service...
Views: 2
The action is for the foreclosure of a lien for a balance due for labor and materials furnished in plastering a dwelling constructed for defendant Margaret J. Church, the contractors being Bortveit Morton. The action was dismissed as to all except Margaret J. Church, and judgment went for plaintiff against her. The question before the court is largely one of fact, the specifications of error bein...
Views: 0
This is an action brought by respondent for the partition of four lots in the city of Los Angeles in which he alleges he and appellant each owned a one-half interest. The parties are husband and wife and both are of mature *Page 671 age. They became acquainted in February or March, 1921, were married in January, 1923, and separated in 1926. They had both been previously married, respondent once, ...
Views: 20
This is an appeal from an order dismissing the action for failure on the part of the plaintiff to prosecute the same with reasonable diligence. The complaint was filed on the eighteenth day of October, 1929, and contains four separate causes of action, the first three of which are based upon three several promissory notes aggregating the sum of $14,000 and contains the usual allegations of executi...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 651 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 652 THE COURT. After a further consideration of the merits of this appeal upon rehearing, we have concluded that t...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 637 This action was originally commenced by George Singleton and the Indian Valley Bank, a corporation, to recover the sum of $5,000 upon a certain policy of fire insurance issued by the defendant to George Singleton, and containing a mortgage clause in favor...
Views: 2
This is an appeal from an order granting a new trial in a suit for damages in an *Page 631 automobile casualty case, after a judgment had been rendered in favor of the defendant. The plaintiff was riding as a guest with the defendant who was operating her own car. They were driving southerly along the state highway between Delhi and Atwater. It was a clear evening in November. The automobile lamp...
Views: 7
An application filed by the petitioner herein, a minor, by his guardian ad litem, with the Industrial Accident Commission, claiming compensation for injuries alleged to have been sustained while employed upon an improvised craft which loaded and unloaded passengers and fishing supplies to and from a launch which plied between said craft and an anchored pleasure boat, was rejected by the said Commi...
Views: 0
The appellant was charged by information with the crime of rape as defined by subdivision 3, section 261, of the Penal Code.[1] The sole grounds assigned for reversal of the judgment, are that the testimony of the prosecutrix, corroborated by that of a physician, a peace officer, and admissions of the defendant and three of his witnesses was inherently improbable and insufficient to establish that...
Views: 0
In this action, commenced by appellant to quiet title to real property located in the city of Los Angeles, respondent Flora Ellis recovered judgment, decreeing that she was the owner of such property and quieting her title thereto against appellant's claims. On this appeal from that judgment all parties are in accord as to the facts, which are established by stipulations, judicial *Page 618 recor...
Views: 9
Following the filing of the remittitur after affirmance of judgment on the merits in the above-entitled cause (McIntosh v.Funge, 210 Cal. 592 [292 P. 960, 74 A.L.R. 420]), two motions were presented in the trial *Page 612 court, one on behalf of certain plaintiffs for substitution of parties, which was granted; the other on behalf of the defendant W.W. Funge, Jr., now deceased, to tax costs on ap...
Views: 0
THE COURT. An action for damages for personal injuries alleged to have been caused by defendants' negligence. Plaintiff's injuries were due to the fact that an automobile operated by her was struck by a cab owned and operated by defendant corporation. A jury returned a verdict against the defendants above named, and defendant corporation has appealed from the judgment entered thereon. [1] As groun...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 595 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 596 The plaintiff had judgment in this action against the defendant for the sum of $15,000, for and on account of ...
Views: 11
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 585 This is an action to rescind a contract for the purchase and sale of real property. [1] When the cause was called for trial on the issues of fact joined by the pleadings, the court, upon the objection of the defendant, refused to allow the plaintiff to in...
Views: 1
Defendant appeals from an order denying his motion for change of place of trial based on the ground of nonresidence, and granting plaintiff's counter-motion to retain the case on the ground of convenience of witnesses. The action was brought in Los Angeles County by defendant's divorced wife to obtain a judgment providing for the maintenance and support of their two minor children, whose custody h...
Views: 4
THE COURT. The plaintiff appeals from a judgment entered in favor of defendants in an action to rescind a contract. The appeal is presented on the judgment-roll alone. The defendants are attorneys, and plaintiff is the widow of Fred Grauberger, deceased, who left estate in Colorado and California. By the contract in question plaintiff employed the defendants to represent her in all matters connect...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 567 This is an action to set aside a sale of certain real property upon the ground that the defendants, while pretending to act as agents of the plaintiffs in the sale thereof to a third person, in fact purchased the same themselves without disclosing the rea...
Views: 7
This is an action to compel the specific performance of a contract to convey real estate. The parties to this action are the children and heirs at law of Alice A. Fogler, who died intestate in San Bernardino County on the twenty-sixth day of October, 1928. During her lifetime she was the owner of a tract of land consisting of 40 acres, which throughout this opinion will be designated as parcel one...
Views: 13
The defendant has been convicted on both counts of an information which, in the first count, charged violation of the provisions of section 288a of the Penal Code, and in the second count charged the offense of contributing to the delinquency of a minor. Defendant appeals from the judgment and from an order denying his motion for a new trial. As applied to the record in this action, the grounds of...
Views: 0
Appellant is accused by an information filed by the district attorney of Fresno County of the crime of burglary, alleged to have been committed on the nineteenth day of October, 1931, by entering the Fort Washington School in Fresno County with intent to commit the crime of theft therein. He was found guilty as charged and judgment was pronounced upon him. His motion for new trial was denied, as w...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 523 This is an original proceeding instituted in this court for the purpose of compelling respondent to invest certain surplus funds, now in the treasury of the City of San Diego, in bonds of that city. Respondent has appeared by a demurrer to the petition, t...
Views: 1
This action was commenced for the purpose of reforming a written contract for the sale of real estate, executed by the plaintiffs as sellers and the defendants as buyers. Judgment went for the defendants and the plaintiffs have appealed. That portion of the contract which it was sought to have reformed reads as follows: "Taxes for the current year to be paid by Seller and Seller agrees to pay all ...
Views: 0
THE COURT. Appeal by plaintiff from a judgment entered in favor of defendants in an action to recover for merchandise alleged to have been sold and delivered by plaintiff's assignor to the defendants, who are husband and wife. The husband admitted the allegations of the complaint, but alleged that on April 9, 1928 – which was a few days before the filing of his answer – he was adjudged a bankrupt....
Views: 1
This is an action to recover a commission for the sale of certain real estate. The following facts are not disputed: On November 18, 1929, the defendants signed and gave to the plaintiff, a licensed real estate broker, a listing authorizing the plaintiff to sell the property in question for $43,125, and agreeing to pay him a commission of five per cent of the selling price in the event he was able...
Views: 0
This appeal comes after a trial wherein the plaintiff was awarded $3,000 as damages for a minor son's death. Appellant makes the point that the jury *Page 510 was without a necessary factor in assessing damages because, as he claims, the evidence was not sufficient for the approximation of the plaintiff's life expectancy. [1] Of course, the father's life expectancy is an important element, as he ...
Views: 6
In this action to recover damages for personal injuries resulting to plaintiff by reason of negligence of the defendant, the complaint was filed and summons issued April 17, 1926. On August 3, 1926, an order for publication of summons was signed and filed. This order was granted upon the sole ground that from the affidavit of the plaintiff filed therewith it satisfactorily appeared to the judge th...
Views: 3
From a judgment in the sum of $2,811.01 entered as against appellants Nordenholt and Stevely this appeal is taken. As to the other defendants named in the complaint a nonsuit was granted. The facts which form the basis of the action here involved are few in number. Respondents were the owners of certain real property and, as lessors, leased to one of the defendants named in the complaint the right...
Views: 0
On March 20, 1922, the plaintiff was awarded a judgment against the defendant for $17,000, with interest at six and one-half per cent per annum from the first day of January, 1916. The defendant appealed. The judgment was affirmed. (Troy v. Troy, 72 Cal.App. 757 [238 P. 143].) The remittitur issued and was filed in the county clerk's office July 27, 1925. Thereafter, on September 8, 1925, the defe...
Views: 2
Appellant was indicted for the crime of grand theft and upon trial before a jury was found guilty. He has appealed from the judgment of conviction and the order denying his motion for a new trial, contending as ground for reversal that the evidence is insufficient to sustain the conviction. *Page 486 The indictment was based on that portion of section 484 of the Penal Code which declares that eve...
Views: 11
Charles S. Whitham, Kate R. Whitham, his wife, and John LeRoy Whitham, his son by a former marriage, held in joint tenancy certain real property situated in San Bernardino County, California. Title to this property was registered in that county in accordance with the Torrens Land Title Law. After the death of Charles S. Whitham, the joint tenancy was terminated and the court decreed the title to b...
Views: 1
The plaintiff and her husband, C.F. DePuy, on December 30, 1925, purchased an Overland automobile under a contract which reserved title in the vendor until fully paid for, and which was signed by the plaintiff and her husband as purchasers. The purchase price was fully paid on February 13, 1926, and apparently the necessary papers were signed for a transfer of ownership, for the court found, and t...
Views: 3
THE COURT Petitioner commenced an action in the justice's court to recover from respondent Gilstrap certain personal property consisting of horses, mules and farming implements of which he claimed to be the owner and which were then in the possession of Gilstrap. The ordinary procedure was followed and on the demand of petitioner the said property was delivered to it. Respondent Gilstrap in that a...
Views: 2
The defendant was charged with the murder of his father. He was convicted of manslaughter and sentenced to imprisonment in the state prison for a term not to exceed ten years. From this judgment an appeal was perfected. It is contended the court erred in admitting in evidence an alleged involuntary confession of the defendant, and other evidence to which objections were made; that the *Page 467 c...
Views: 6
This is an automobile collision case and was tried before a jury. It is here on appeal from an order of the trial court granting a new trial to plaintiffs. The facts relevant to the appeal are as follows: In presenting the case to the jury the following occurred: "Mr. Parker [attorney for defendants]: I tell you, ladies and gentlemen, if Mr. Ford is responsible for this accident he is guilty of a ...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 453 Glenn W. Johnson and Blaine G. Johnson were at all times material to this appeal copartners doing business under the name of Johnson Brothers. They operated a hog ranch near the city of San Diego. On April 29, 1927, they entered into a contract with the c...
Views: 0
This suit was brought for damages for fraud alleged to have been exercised in procuring an exchange of properties. The plaintiffs secured a verdict against all of the defendants. A judgment was rendered accordingly. From this judgment several of the defendants have appealed. The McClures failed to appeal and the judgment against them has become final. The plaintiffs are husband and wife. They owne...
Views: 8
THE COURT. This action was brought by plaintiff for damages resulting from the death of his son fourteen years of age, who was struck and killed by an automobile operated by defendant, Mabel Tarver. The defendants are husband and wife. The said automobile was owned by the husband, and at the time of the accident was being operated by his wife with the consent and permission of the husband. The cas...
Views: 0
The petitioner was adjudged by the Railroad Commission of the State of California to be guilty of contempt for failure to obey an order of that body rendered April 27, 1931, requiring him to desist from engaging in the freight transportation business as a common carrier thereof. It is alleged in the petition that petitioner was not engaged in that business as a common carrier but only as a private...
Views: 0
Certain persons defendant were in the municipal court having their preliminary examination under charges of violation of section 337a of the Penal Code and conspiracy to violate such section. Petitioner was called and sworn as a witness, and upon certain questions being put to him he refused to answer them on the ground that the answers might tend to criminate him, article I, section 13, of the Ca...
Views: 7
The plaintiff brought this action to recover damages resulting from alleged negligence of the defendant in driving an automobile, so that said automobile collided with another automobile in which the plaintiff was riding and which was driven by one Phillippo. The denials contained in defendant’s answer raised substantial issues of fact, including a denial of any negligence by the defendant. *422...
Views: 1
This is an appeal by the State under section 1506 of the Penal Code, from an order of the superior court granting petitioner a writ of habeas corpus. Petitioner was convicted in the Superior Court in Los Angeles County upon two counts, each charging a felony – issuing checks without sufficient funds. Judgment was duly entered from which he appealed. The judgment was affirmed (100 Cal.App. 587 [280...
Views: 1
This is an application for a writ of review. Heretofore Charles A. Brickett, as executor of the last will and testament of Mary E. Brickett, deceased, commenced an action against the Bank of America National Trust and Savings Association. In his complaint the plaintiff alleged that in 1916 the decedent deposited in a bank that has subsequently been consolidated with the Bank of America the sum of ...
Views: 4
Actions were brought to foreclose mechanics' liens and were consolidated for the purpose of trial. Plaintiffs had judgment, from which judgment defendants Rosemary Keener and Kate Keener appeal. [1] Appellants have filed an opening brief 118 pages in length. It is absolutely devoid of a single heading "showing the nature of the question to be presented or the point to be made", as required by Rule...
Views: 3
Plaintiff sued for personal injuries sustained when struck by an automobile of the defendant, Edna M. Rasmussen. The cause was tried with a jury, which returned a verdict in favor of plaintiff in the sum of $7,902.71. The defendant, Edna M. Rasmussen, has appealed upon typewritten transcripts. Plaintiff was employed by the Pacific Telephone and Telegraph Company in digging a trench on Broadway Str...
Views: 3
Plaintiff was the judgment debtor and defendant was the judgment creditor and purchaser on an *402 execution sale. Plaintiff brought this action under section 707 of the Code of Civil Procedure for an accounting of the rents received by defendant subsequent to the sale. This appeal is taken on the judgment-roll from the judgment of dismissal entered after the demurrer to plaintiff’s second amen...
Views: 1
Upon a trial by the court sitting without a jury plaintiff had judgment against defendant in the sum of $354.90. This amount was reduced to $342.49 upon motion for new trial and said motion was denied. Defendant appeals from the judgment. The following statement found in appellant’s brief shows the general nature of the controversy: “Defendant is a dairyman operating near Gilroy, California, an...
Views: 2
The defendant Curryer, together with Ralph A. Leavitt, was charged by an information filed by the district attorney of Los Angeles County with the crime of burglary, Curryer also being charged with a prior conviction. Curryer admitted the prior. Separate trials were granted and he was convicted. This is an appeal from the judgment and the order denying his motion for a new trial. As near as we are...
Views: 7
Petitioner seeks to annul the award of the respondent Commission denying his application for compensation. On March 31, 1932, petitioner was examined at Mount Zion Hospital and advised that he had a bilateral rupture. An operation was performed and thereafter petitioner sought compensation. The evidence showed that in March, 1932, petitioner had gone to his doctor and complained of pain in his abd...
Views: 1
Plaintiff brought this action to recover damages for personal injuries. Upon a trial by jury she recovered judgment against defendants, from which judgment defendants appeal. *Page 387 The undisputed facts having reference to the questions presented on this appeal may be briefly stated. Defendant Carl Williams and defendant Gladys Williams were husband and wife. The automobile involved belonged t...
Views: 1
THE COURT. The plaintiffs, as stockholders of defendant Bradbury Estate Company, a corporation, acting for themselves and other stockholders and for the company, brought the above action for an accounting against Lewis Bradbury, one of the company's officers. The complaint was filed in the Superior Court of Los Angeles County, and although the corporation was joined as a defendant no judgment was ...
Views: 0
The defendant was accused of having shot and killed one Eugenio Herrera and after a trial by a jury, was found guilty of manslaughter. A motion for a new trial based on the ground of newly discovered evidence was denied and from that order and from the judgment this appeal is taken. The record contains the testimony of three eye-witnesses to the shooting and, as the trial court remarked in passing...
Views: 1
This is a motion to submit upon appellant's opening brief, no points and authorities being filed on behalf of respondents. The motion being granted, we will consider the appeal on its merits. From the complaint it appears that respondent Craig and the appellant entered into a contract whereby the possession of certain personal property was delivered by respondent Craig to appellant, who agreed to ...
Views: 3
Appellant and one Leo J. Kiemel were charged by information containing three counts with the crime of forgery, appellant being charged additionally with a prior conviction of the crime of forgery. He admitted the previous conviction but pleaded not guilty and not guilty by reason of insanity on all three counts, which *Page 372 latter plea was subsequently withdrawn. The jury found him guilty on ...
Views: 8
This is an appeal from an order setting aside the default of the defendant and setting aside an interlocutory decree in a divorce action. The transcript shows that the action was commenced June 10, 1930; that a summons issued and was personally served on the defendant by delivering him a copy of the summons and a copy of the complaint on the eleventh day of June, 1930; that he did not appear; tha...
Views: 1
This is a motion to affirm a judgment on the grounds that the appeal was taken for delay only and that the questions on which the decision of the cause depends are so unsubstantial as not to need further argument. (Rule V, sec. 3, Rules for Supreme Court and District Courts of Appeal.) The litigation involves the title to nine blocks of land lying between Strand Avenue and the mean high tide of th...
Views: 1
This is an appeal from an order of the trial court denying appellants' motion to quash and set aside a writ of attachment theretofore issued in the action. It will be unnecessary to specifically detail the facts to the extent of setting forth the character of the property involved or the amount or terms of payment. The concrete question may be presented by a more or less general statement. Plainti...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 349 Hattie L. Ward, in her last will and testament, after making various bequests, devised all the rest, residue and remainder of her estate to the Bank of Italy National Trust Savings Association, now known as Bank of America National Trust Savings Associa...
Views: 8
In this action, brought under the so-called Public Works Act (Stats. 1919, p. 487), as amended (Stats. 1925, p. 538), the plaintiff sought to recover for materials furnished to a contractor for use in the construction of a public highway. Among other things, the complaint alleged that the defendant Noble entered into a contract with the county of San Diego whereby he agreed to construct a certain ...
Views: 0
The defendant was convicted of grand theft in having obtained by the use of false pretenses $2,000 from the complaining witnesses. The alleged offense arose out of a mining venture involving a lease of certain prop *332 erties to be developed for the mining and reduction of cinnabar. The essence of the offense sought to be charged lies in the obtaining of the money by means of...
Views: 5
This is an appeal by the plaintiff from a judgment entered in defendant's favor. The action is one for the recovery of damages for injuries alleged to have been sustained in a collision between an automobile, in which plaintiff was riding as a passenger and which was driven by plaintiff's husband, and an automobile driven by defendant. The facts involved are few in number and only in one instance ...
Views: 1
This is an appeal from an order making an allowance to the defendant wife in the sum of $300 to pay her attorney fees and costs in opposing an appeal taken in a divorce action, that is, the appeal in Ott v. Ott, (No. 8719) ante, p. 322 [15 P.2d 896], this day decided. [1] It is claimed that the remarriage of the defendant terminated plaintiff's duty to pay as alimony any money necessary to enable ...
Views: 3
The plaintiff has appealed from an order modifying a portion of a final decree of divorce. The plaintiff and defendant were husband and wife, but the plaintiff was given an interlocutory decree of divorce on February 6, 1925. Thereafter on February 17, 1926, the interlocutory decree was made final. Before the plaintiff applied for a divorce he had become the owner of a certain lot which had standi...
Views: 4
Two writs of attachment, one for a demand of $27,850 and the other for a demand of $110,690, were respectively directed to and levied by the sheriffs of Los Angeles and Tulare Counties. Thereafter, a personal judgment for $65,350 was rendered against respondent, a resident of the state of Iowa, upon her default, after constructive service of summons. Heretofore respondent, unsuccessfully, attempte...
Views: 2
This is an appeal from a default judgment and from an order by which a motion to vacate said judgment was denied. [1] From the record herein it appears that the notice of motion to vacate the judgment contained no statement of the grounds thereof other than that it would be made "upon the grounds and for the reasons set forth in affidavit attached hereto". The essential facts stated in such affida...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 307 Plaintiffs sued for an accounting, for an adjudication of the default of the trustors under a certain deed of trust and for a judicial sale of the property covered by the deed. The defaults of the defendants Barrett and Hoagland were entered and the cause...
Views: 1
The action is for the possession of certain premises, consisting of a lot with two houses thereon in Pleasanton, for $1,000 damages for the unlawful holding of the same by defendant, for damages for the value of the *300 use and occupancy thereof, and for a decree quieting the title of plaintiff to the property. Defendant denies the ownership of plaintiff; admits the possession by defendant, ...
Views: 1
The purpose of the action was to dissolve the bonds of matrimony theretofore and then existing between the parties. Plaintiff alleged extreme cruelty and failure to provide. Defendant denied the allegations of the complaint, seeking no affirmative relief. Certain allegations were made and denials thereto entered, which went to the character and amount of property held by the parties, of which ment...
Views: 3
This is an action to foreclose separate mechanics' liens upon property situated in the town of Encinitas in San Diego County. Judgment was rendered in favor of the plaintiffs, and the defendants, Sidney Chaplin, Minnie Chaplin and Lallie de Loriere are here on appeal. [1] The liens state that Sidney Chaplin was the owner and reputed owner of the premises upon which the liens were claimed. The comp...
Views: 2
This is an action to recover on a promissory note. From a judgment in favor of the defendants the plaintiff has appealed. [1] The makers of the note claim that D.H. Ward was the agent of the plaintiff and that they paid the note, both principal and interest, to D.H. Ward. The plaintiff contends that D.H. Ward was not his agent. The trial court made findings on the subject of agency against the pla...
Views: 0
From a judgment convicting him of the crime of robbery and an order denying a new trial the defendant has appealed and has brought up typewritten transcripts. [1] Acting as his own attorney the defendant has filed briefs in which he makes the point that he was wrongfully deprived of a jury trial. To get an understanding of his claim it is necessary to consider the following facts. Under the amende...
Views: 15
Appellant was found guilty by a jury of having in his possession illegally a quantity of morphine; and from the judgment of conviction he has appealed, urging as ground for reversal insufficiency of the evidence to sustain the conviction. The case of the prosecution rested mainly on the testimony given by three state narcotic agents. They testified in substance that while stationed on Fell Street ...
Views: 9
The plaintiffs had judgment for the sale price of an automobile based upon a complaint containing two counts, one charging an open book account, and one charging the indebtedness arising from the sale and delivery of the automobile as and on account of the sale of goods, wares and merchandise sold and delivered by the plaintiffs to the defendant, upon which there was due and unpaid the purchase pr...
Views: 0
THE COURT. [1] The petition for a writ of prohibition is denied. Such denial, however, should not be interpreted as a ruling of this court upon the sufficiency of the petition for a writ of mandate filed in the superior court....
Views: 1
THE COURT. After the appeal in the above-entitled cause was placed on the calendar for oral argument, appellants filed an application under the authority of section 956a of the Code of Civil Procedure to take additional evidence. The action was instituted in the Superior Court of Fresno County by appellants as stockholders of the Elberta Oil Company to enjoin the directors thereof from consummatin...
Views: 0
The plaintiffs brought this action for the purpose of collecting treble the amount of alleged usurious interest, bonus or penalties claimed to have been collected from them by the defendant in violation of the Usury Law (Stats. 1919, lxxxiii). The facts are undisputed and are as follows: On February 1, 1929, the defendant made a loan to the plaintiffs, taking a note for $100,000 secured by a trust...
Views: 2
Grace E. Huebner executed a will dated February 11, 1928, which is as follows: "Out of my estate I wish to give "Libbie Townsend Cortland, N.Y. $1000 "Paul Gill 2000 "Ida Gill 1000 "Harry Gill 1000 "Gussie Woodcock 3000 "Mary I. Van Wie ...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 233 The defendant appeals from the judgment of the Superior Court of Los Angeles County granting the plaintiff a divorce and awarding him the custody of two minor children. The plaintiff appeals from that portion of the judgment which permits the defendant to...
Views: 10
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 225 This is an appeal on the part of certain defendants from an interlocutory decree of condemnation of a strip of land consisting of thirty-two lots adjacent to the northerly border of Santa Monica Boulevard in the City of Beverly Hills, to be used as a publ...
Views: 2
This is an action to enjoin the City of Burlingame, which is a municipal corporation of the sixth class, and its officers, from enforcing as against the plaintiff and appellant, the provisions of a zoning ordinance of that city designated "Ordinance No. 227". By their answer the respondents seek to justify their threatened acts under authority of Ordinances No. 92 and No. 227 of the respondent mun...
Views: 9
Action to recover profits earned in a joint venture. Defendant had procured a contract to furnish the materials and perform the labor necessary for the work of furring, lathing and plastering a certain thirteen-story steel and concrete structure. The amount to be paid defendant for the entire work, unségregated, was the lump sum of $43,200, subject to increase or diminution in case of changes i...
Views: 0
Plaintiff instituted an action to recover damages for personal injuries sustained by her in an automobile accident. In this action she secured a judgment against E.A. Krause, the insured in a policy of insurance issued by defendant. The defendant conducted the defense of its insured in the action. Upon the return of the writ of execution unsatisfied, plaintiff brought this suit against the insurer...
Views: 8
Defendant was tried and convicted of the crime of first degree robbery and from the judgment of conviction and the order denying his motion for a new trial, defendant has appealed. The restaurant of the complaining witness was robbed on October 8, 1931. Two armed men entered and stated that it was a "stick-up" and thereupon the persons present were forced into a lavatory and locked in. The robbers...
Views: 5
It appears from the record in this case that Kate Anthony died in the county of San Diego on the first day of January, 1930. Thereafter John L. Haines filed a petition in the superior court praying that letters testamentary be issued to him. Thereafter a hearing upon said petition was had and a certain document purporting to be the last will and testament of Kate Anthony, deceased, was duly admitt...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 552 Annie W. Stimson having been declared incompetent, pending this appeal, the guardian of her estate has been substituted in her stead. For the sake of clarity, she will continue to be called the respondent. Respondent recovered judgment for the return of h...
Views: 1
Plaintiffs sued in the city and county of San Francisco for damages arising out of an automobile collision which occurred in San Mateo County. The defendants *Page 549 Ed Serretto and wife moved for a change of venue to San Mateo County on the ground that they were both residents of that county. Their motion was denied and they have appealed on typewritten transcripts. Two fictitious defendants w...
Views: 8
Plaintiff furnished groceries to one J.M. Islas and sought to recover the balance due therefor from the defendant corporation. From a judgment in favor of plaintiff, defendant appeals. Plaintiff based his claim against the defendant corporation upon a written guaranty of the account of said J.M. Islas, which guaranty was executed in the name of the defendant corporation on March 2, 1931, by one J....
Views: 2
This is an appeal by the claimant from a judgment in favor of the administrator on a rejected claim. Shortly prior to his death decedent filed an action against the appellant bank for charging and collecting usurious interest from him. R.N. Goodwin, as administrator, was substituted as plaintiff, and in its answer the bank pleaded *Page 540 certain promissory notes executed by decedent and held b...
Views: 0
On the tenth day of August, 1929, the defendant insurance association issued its policy of life insurance in the sum of $1500 to Annie Perkins in which policy the plaintiff was named as beneficiary to the amount of $750. Annie Perkins died on June 6, 1930, and thereupon the said association refusing to pay to plaintiff the amount specified in said policy, to wit, the said sum of $750, this action ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 528 The defendant was convicted under section 288 of the Penal Code of lewd and lascivious conduct toward a child. On appeal it is contended the verdict is not supported by competent evidence; that the defendant was coerced to furnish evidence against himself...
Views: 13
This is a petition to review an award of damages which was rendered on account of injuries *Page 523 which were sustained by the respondent Nancy C. Benning in the course of her employment in preparing fruit for a process of curing. The petitioner owns a 95-acre fruit ranch in Lake County. In the month of June, 1930, she employed the claimant to assist her in cutting apricots for the purpose of d...
Views: 1
THE COURT. Petitioner has been employed by respondents continuously since January 22, 1923, as a teacher in the day high schools of the city and county of San Francisco, and continuously since January 16, 1927, as principal of the Humboldt Evening High School. On May 4, 1932, respondent Board of Education passed a resolution purporting to dismiss petitioner from his employment as principal of the ...
Views: 4
This is an original proceeding in mandamus to compel the respondents to restore petitioner to his position as teacher in the evening high schools. Respondents rest upon their demurrer to the petition. For eight years prior to May 4, 1932, petitioner was a duly elected and certified teacher in the high schools of the city and county of San Francisco, assigned to duty as such in the Galileo High Sch...
Views: 4
The plaintiff had judgment based upon the second cause of action set out in her complaint, from which judgment the defendant appeals. The second cause of action in the complaint sets forth, after reciting preliminary matters showing the right of the plaintiff to maintain this action, that Charles K. Ballard was, on and prior to the eleventh day of November, 1930, a brakeman regularly employed by t...
Views: 2
The complaint in this case consists of seven counts which were based upon assigned claims for the price of grapes sold and delivered, together with the value of materials furnished and labor performed. From a judgment which was rendered in favor of the plaintiff and against both defendants, the Tracy-Waldron Fruit Company has appealed. It is contended the judgment is not supported by the evidence....
Views: 4
This is an appeal by plaintiff from a judgment of dismissal entered after the general demurrer of defendants to the complaint of plaintiff had been sustained without leave to amend. The nature of the claimed cause of action and the grounds of the appeal can be gathered from a detail of the complaint. After the preliminary allegations of incorporation and residence it is alleged: That on or ab...
Views: 1
The appellant was charged jointly with Allen Curts with the crime of grand theft consisting of the stealing of three sets of harness, seven horse-collars, seven halters, several bridles, one saddle, one saddle blanket, trappings and a pair of chaps, of a total value in excess of $200, belonging to W.H. Flournoy. The defendant Curts admitted his participation in the crime. The appellant was separat...
Views: 7
This is a petition for a writ of mandamus to compel the dismissal of an action under the provisions of section 583 of the Code of Civil Procedure, *Page 472 for failure, on the part of the plaintiff, to bring the cause to trial for more than five years after the issues are settled. December 5, 1925, a complaint for an action in assumpsit was filed in the Superior Court of Shasta County. The case ...
Views: 0
Three cases were consolidated upon appeal by the City of Los Angeles from orders denying motions to tax costs in eminent domain proceedings, following the dismissal thereof after trial. [1] The principal question presented necessitates an interpretation of section 1255a of the Code of Civil Procedure relating to witness' fees. It is therein provided: "Upon such abandonment, express or implied, on ...
Views: 9
The decedent, M.A. Hamburger, sometimes known as Mose Hamburger, died in Los Angeles County October 29, 1930. A document in form a witnessed will, executed August 18, 1930, was in due time presented to the probate court as his last will and testament and without contest was admitted to probate as such.[1] Later, Jennie Hamburger Marx, a sister of decedent, instituted a contest in which she asked t...
Views: 8
The present appeal is from the final decree of distribution entered in the estate of one Thomas Patrick Doyle, deceased. In the said decree the trial court found and adjudged that the respondents were either directly or in due course of legal representation first cousins of the deceased, and as such his next of kin and legal heirs. It also further found that appellant's testator, Leonard J. Meehan...
Views: 0
In this action to recover damages resultant from an assault and battery, the verdict of the jury was initially in favor of plaintiff and respondent as against defendant and appellant for $2,500 actual damages, together with an award of $1,000 punitive damages. Subsequently, on motion for a new trial and as a required condition precedent to the denial thereof, the trial court exacted of plaintiff a...
Views: 1
The action is in unlawful detainer. Plaintiffs, the landlords, prevailed. The defendants, who appealed, occupied the premises involved, consisting of an apartment house, as assignees of the original tenants. Unless otherwise indicated the word "defendants" will apply to appellants only and the answer referred to will be their answer. The defendants had assumed the *Page 436 lease, which ran for t...
Views: 1
The trial of this case was by jury. While the appellant complains of a nonsuit as to certain counts of the complaint there was a judgment, *Page 428 general in its terms, entered in favor of defendant surety company upon a directed verdict. The notice of appeal is directed exclusively to this judgment. In fact, the clerk's transcript shows no entry of an order or judgment of non-suit. After the a...
Views: 0
This is an action by a trustee in bankruptcy against the wife of the bankrupt, in which it is sought to quiet title to certain real property upon the theory that the property in question is the community property of the bankrupt and his wife. The wife defended upon the claim that the property in question is her separate property. After finding that Stephen Davies and Cecelia Davies were married on...
Views: 4
The respondents’ demurrers to plaintiff’s second amended complaint were sustained without leave to amend, and thereafter the action was dismissed by the trial court of its own motion. The cause is here upon the plaintiff’s appeal. The complaint sets forth eleven causes of action, and if any one of the causes of action set forth contains sufficient facts to require an order overruling respo...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 405 This is an action by which plaintiff sought to recover from the estate of Ellen East certain money alleged to be due for services rendered decedent during her lifetime. The case was tried with a jury and following a verdict for plaintiff judgment was ente...
Views: 3
This is an original proceeding seeking a writ of prohibition to compel respondent court and the judges thereof to desist from any and further proceedings in certain litigation. The application was first made to the Supreme Court, out of which the alternative writ issues, returnable before us. The general nature of the proceedings and the grounds urged in support thereof will follow. On April 18...
Views: 1
This is an appeal by defendant Southern Pacific Company, a corporation, from a judgment entered against it upon a verdict of a jury in the sum of $25,500. The plaintiffs are two minor children and the widow of Glen Friddle, who was killed on the twenty-first day of March, 1929, by reason of a collision between an autotruck, which said Glen Friddle, as the sole occupant, was driving, and a passenge...
Views: 3
This is an appeal by intervener Hirschfeld from that portion of the judgment in the above-entitled matter in favor of plaintiff and against said intervener and the whole thereof, and from the order of court denying a new trial to said intervener. *Page 381 In our opinion filed this day in Civil No. 7490, Hersh v.Garau,[*] [14 P.2d 434] which is on the appeal of the defendants Garau from the judgm...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 369 The following are the facts as stated in appellant's brief and appear to substantially cover the controlling facts, to wit: The defendant, Maude Agnes Mingus Wheeler, was the inventor and manufacturer of a composition hair rinse known as Lavalon Rinsing P...
Views: 15
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 351 This action was brought by the above-named five plaintiff's [General Engineering and Dry Dock Co., Roman Catholic Archbishop of San Francisco, Hilbar Properties Co., Real Property Investment Corp., and California Cotton Mills Co.] to secure a judgment of ...
Views: 1
The appeal is by the executrix of the above-entitled estate from that part of an order of the said superior court made in connection with the settlement of the first account of the executrix ordering that a certain claim of the Bank of Willows, a corporation, allowed, approved and filed in said court for the sum of $4,843.77 constitutes a valid and subsisting claim against said estate. On February...
Views: 1
The action as originally commenced on May 25, 1926, was entitled "Ginsberg Tile Company, a copartnership, against Salvatore Faraone and Jennie Faraone, his wife", alleging that certain work had been done by the plaintiff upon the improved property of the defendants under an agreement between them whereby plaintiff was to be paid $593.75 for its work, which amount was unpaid, and that a claim of li...
Views: 2
In October, 1928, the plaintiff Martin Benson and the defendant F.J. White, each being then the owners of certain interests in real property, orally negotiated on certain terms (questions as to whether these terms embraced certain promises on the part of F.J. White and if such promises were made whether they were made without any intention of performing them have given rise to this action) an exch...
Views: 6
This is an appeal by plaintiff from a judgment on an action to quiet title. Defendants Ralph A. Woods and Gertrude A. Woods, his wife, executed and delivered to defendant and cross-complainant Minnie Scarborough a promissory note for $3,000, secured by a trust deed covering two parcels of real property in Los Angeles County, to wit: a house and lot in the Los Angeles-McCarthy tract, and a lot and ...
Views: 1
[1] We have before us in this case, which involves an appeal from the judgment in favor of plaintiff as well as from an order denying a motion for new trial, an appellant's brief of 106 pages. The headings appearing therein are as follows: "Statement of Facts", "Appellant's Grounds of Appeal", "Excessive Damages", "The Court Should have Allowed the Defendant to introduce Evidence of Compensation I...
Views: 1
This is an action to determine the ownership of a deposit of money with the defendant Hibernia Savings and Loan Society, and to declare a constructive trust in said money. Briefly stated, the complaint recites that Patrick Hurley died intestate on the twenty-ninth day of October, 1929; that plaintiff, Mary Hurley, was on October 30, 1929, appointed special administratrix; that plaintiff and Patric...
Views: 5
In these actions the plaintiff, as the executor of the last will of said William D. Young, deceased, sought to enforce a trust on *Page 308 certain personal property consisting of stocks and bonds alleged by the plaintiff to have been fraudulently and wrongfully taken by the said defendants, thereby depriving the estate of the said personal property. The defendants answered denying these allegati...
Views: 8
Plaintiff appeals from an adverse judgment in an action brought by him to quiet title in and to his alleged interest in certain real property in process of administration in the estate of his deceased wife. [1] Some six months prior to his wife's death an interlocutory decree of divorce had been entered in her favor against appellant upon the ground of extreme cruelty. No appeal or other attack up...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 293 Respondent, John Brower, as plaintiff in the court below, brought this action to recover damages for personal injuries alleged to have resulted from the negligent operation by defendant of his automobile. The action was tried before a jury, which returned...
Views: 6
These cases were consolidated for trial and have been consolidated for hearing on appeal. All three of the suits were upon a policy of insurance issued to Gene Antichi and A.E. Mallett, partners doing business under the name of Sacramento-Corning Freight Line and against the New York Indemnity Company. One suit was brought by the said Antichi and Mallett for $1,000 attorney fees expended in defend...
Views: 9
Petitioner seeks a writ of prohibition to restrain the respondent court from further proceedings under an order to show cause. Petitioner and Rowena D. Creager were husband and wife up to the time that a decree of divorce was obtained by the wife in the Second Judicial District Court of the State of Nevada. By the terms of that decree petitioner was ordered to pay to said Rowena D. Creager the sum...
Views: 9
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 269 In what is designated herein "Clerk's Transcript on Appeal", there is set forth what purports to be a copy of each of the following, viz., (1) Complaint, (2) Amendment to Complaint, (3) Answer, (4) Amendment to Answer, (5) Forms of Special Verdicts and st...
Views: 2
Plaintiff sued defendant for a divorce on the grounds of wilful neglect and wilful desertion. Defendant answered, and in a cross-complaint charged plaintiff with and sought a divorce from plaintiff upon the ground of wilful desertion. The court denied the prayer of plaintiff's complaint and adjudged defendant entitled to a divorce upon the ground of wilful desertion. This appeal is by the plaintif...
Views: 0
In payment of a part of the purchase price of certain real property sold by plaintiffs to defendants on December 18, 1922, defendants executed and delivered to plaintiffs their promissory note in writing in the sum of $18,000 and interest, payable five years after date, and to secure the payment of said note executed on the same date a trust deed covering the said real property. Defendants having ...
Views: 1
This is an application for a writ of mandate, an alternative writ having been issued by the Supreme Court and made returnable before this court. The purpose of the action is to compel the respondent county treasurer to pay from a fund asserted to be in the county treasury to the credit of the petitioner, a certain warrant issued by the petitioner district. The petition alleges that the petitioner ...
Views: 0
This is an appeal from a judgment of the Superior Court of Los Angeles County awarding to respondent $100 per month for her support and maintenance during the period of one year, and the sum of $100 attorney's fees expended by her for the prosecution of the action. The complaint was filed on the twelfth day of August, 1929. The cause was tried on September 24, 1929, and the judgment filed on Octob...
Views: 1
This appeal is from a judgment in favor of plaintiff upon the verdict of a jury for damages *Page 232 sustained by plaintiff resulting from the collision of two automobiles. The complaint and its amendment contains two counts, in one of which it was alleged that plaintiff was riding as a passenger for hire in the automobile driven by appellant Belle Cardoza, at the time of the collision; and in t...
Views: 1
By this proceeding it is sought to annul an order of the Industrial Accident Commission dated February 29, 1932. Joseph Elbert Huston was injured July 26, 1928, during the course of his employment with the petitioner, which corporation was at the time self-insured. The petitioner paid compensation to Huston at the rate of $20.83 per week at all times subsequent to one week following the accident, ...
Views: 2
This is an appeal from an order dismissing the action made under section 583 of the Code of Civil Procedure for want of prosecution within two years after answer filed. The complaint (to foreclose a mortgage on real property) was filed June 10, 1927, against thirty-five defendants. The last answer was filed October 7, 1927. The default of seven defendants was entered and the plaintiff voluntari...
Views: 5
On July 2, 1930, the trial court made findings and on the same day it caused a judgment to be entered against certain defendants in the above-entitled action. [1] On August 20, 1930, the defendant Hogan made a motion to set aside his default and vacate the decree. His motion was denied on August 28, 1930, and thereafter on August 30, 1930, he appealed from the judgment and the order. On September ...
Views: 0
[1] This purports to be an appeal from an order made on August 12, 1930, by the trial court granting the motion of the defendant to set aside a decree entered against him on April 24, 1930. It cannot be heard and the order appealed from must be affirmed because there is no record on which this court can act. (2 Cal. Jur., p. 980.) On November 17, 1930, there was filed in the office of the clerk of...
Views: 0
The respondents moved for an affirmance of the judgment on the grounds that the appeal was taken for delay only and that the questions upon which the decision depends are so unsubstantial as not to need further argument. (Sec. 3, Rule V, Supreme Court.) The appellant's brief presents but two points – that the trial judge erred in refusing to give a proposed instruction, and that the verdict is exc...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 204 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 205 The respondent brought action against the appellant, American National Building and Loan Association, a corpor...
Views: 2
The assessed valuation of a portion of plaintiff's ranch in San Diego County, as determined by the county assessor, was raised by the board of equalization of the county in July, 1929, after a hearing on the matter of which plaintiff had due notice. The raise in assessed valuation increased plaintiff's taxes $20,479.25. Under written protest as provided in section 3819 of the Political Code, plain...
Views: 3
Appellant and respondent were copartners engaged in construction work. A written partnership agreement was executed in April, 1926, which, among other things, provided that all losses and profits resulting from partnership operations were to be shared equally by the partners. During October, 1928, they effected a voluntary dissolution of the partnership and attempted to arrive at an amicable distr...
Views: 1
Several actions for damages alleged to have been sustained from personal injuries incurred by the respective plaintiffs therein were filed, consolidated for the purposes of trial, and were tried to the conclusion of the plaintiffs' evidence in the Superior Court of Santa Barbara County. The defendant, an incorporated water district, interposed a formal motion in writing for dismissal of said actio...
Views: 0
The appellants are executors of the last will and testament of Mary H. Spires, deceased. As such executors they filed their "petition as executors for allowance for fees for extraordinary services" rendered by them in the course of administration of the estate. The executors being dissatisfied with the amount of the allowance made to them by the court, appealed from the order by which the amount o...
Views: 11
At the request of defendant Hesse, as contractor, the plaintiff furnished certain building materials for use upon and actually used in the construction of a building upon a lot of land owned by the defendant Mitchel. Defendant Mitchel had no contractual relation with plaintiff. Said materials so furnished by plaintiff not being paid for, the plaintiff, under date of February 21, 1929, which was wi...
Views: 1
Miller and Stein were both charged with robbery. Miller pleaded guilty to one of three counts. When the taking of testimony was completed the other two counts were dismissed. Stein was found guilty and sentenced. He appeals from the judgment and from an order denying his motion for a new trial. [1] One, and the principal contention advanced by appellant, is that the evidence is insufficient to sup...
Views: 5
This is an application for the writ of supersedeas. The action was commenced for the purpose of securing a writ of mandate to compel the appellants to permit an inspection of the books of two corporations. The writ was granted and defendants have perfected an appeal and applied for the writ. [1] An application for the writ of supersedeas is addressed to the sound discretion of the court in the exe...
Views: 0
The appellant was tried before the superior court sitting without a jury, and was found guilty, upon a charge of having violated section 112 of the California Vehicle Act. *Page 159 [1] It is contended by the appellant and conceded by counsel for the People that the record fails to disclose any proceedings before the court below which constituted an express waiver by the defendant or by his coun...
Views: 7
This is an appeal by Richmond A. Edwards, a nephew of decedent and a legatee under her will, and from a final decree of distribution and from an order of the probate court denying his petition for a distribution of certain portions of the estate in accordance with his contention that certain trust provisions of the will are invalid. Appellant is entitled to a one-twelfth share in any estate with r...
Views: 2
Respondent Margaret Andres is the widow of William F. Andres, who died on the twenty-second day of February, 1931, leaving property in the county of Los Angeles now subject to administration under the will *Page 147 of decedent. Respondent petitioned for an allowance for her support and maintenance, which petition was granted. Contestant, who is executor of the will, and also is an heir at law of...
Views: 1
Petitioner seeks a writ of mandate to compel respondents to dismiss a certain action entitled Harriet A. Turnbull v.Albert C. Turnbull, said action being No. 128,810 in the files of the respondent court. The answer of respondents admits that the time for bringing the action to trial was never extended by stipulation of the parties and alleges that petitioner's motion to dismiss was denied by the r...
Views: 2
Plaintiff recovered a judgment against one J.A. Eddy for damages sustained by him in consequence of personal injuries to plaintiff's wife caused by the negligent operation of an automobile by said J.A. Eddy. Plaintiff subsequently brought this action against the defendant insurance company which had issued a policy of insurance to said J.A. Eddy. The parties entered into a stipulation concerning t...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 123 While acting as attorney for the defendant in a criminal case the petitioner was adjudged guilty of contempt of court. He has applied for a writ of habeas corpus. In his return the sheriff sets forth that he holds the petitioner by virtue of a judgment an...
Views: 8
The plaintiff, General Mill and Lumber Co., commenced action in the lower court on three separate counts of its complaint, to establish indebtedness against the said defendants and to foreclose against the said defendants liens set forth in the said three counts. To the said complaint and to each count thereof the said defendant Arabelle Siemsen filed an answer. During the course of the trial of s...
Views: 2
The respondent has moved to dismiss the appeal taken in this action upon the ground of lack of diligence in preparing and filing a transcript of the proceedings in the trial court. It may first be observed that the moving party has failed to make any showing, by certificate or by affidavit, that no proceeding for the preparation of a transcript is still pending in the trial court. (Rule VI of Rule...
Views: 0
This is a motion to dismiss an appeal or to affirm the judgment of the trial court. The notice of motion filed herein specifies that the ground of the motion is that the questions upon which the decision of the cause depends are so unsubstantial as to require no further argument and the appeal is entirely lacking in merit. It is further specified in the notice of motion that it will be based upon...
Views: 12
The petitioner commenced a proceeding to obtain a writ of mandate directed to the defendant ■ board of trustees of Monterey Grammar School commanding' it to assign the petitioner to her classes as a probationary teacher. The trial court made findings in favor of the defendants and from the judgment entered thereon the petitioner has appealed. The findings made by the trial court were as follows...
Views: 3
THE COURT. An appeal by plaintiff from an interlocutory decree of divorce granted to her on the ground of defendant's extreme cruelty. The appeal is limited to that portion of the decree by which it is adjudged that certain real property on Hancock Street in San Francisco is the separate property of the defendant and that plaintiff has no interest therein. As stated, the complaint was based on all...
Views: 1
The appeal in this matter concerns solely the interpretation of a clause in the will of Otto S. Lewis, also known as O.S. Lewis, deceased, who died November 18, 1926. His will and the two codicils supplementary thereto were admitted to probate and the estate administered in Orange County, California. It involved properties in New Mexico, Arizona, Oregon, Washington and California, and required fou...
Views: 1
After the death of Alfred F. Broad a document purporting to be his will was admitted to probate. Afterward his surviving widow filed a contest. At about the same time a surviving daughter filed a contest. The respondents did not demur, but filed answers. A jury was waived and both causes were tried together before the trial judge sitting without a' jury. Immediately after the cause was called f...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 81 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 82 Plaintiff commenced an action to recover damages for injuries sustained in an automobile collision. The owner of...
Views: 9
This is an appeal by Francis Herbert Dam as an heir at law of the above-named decedent and also as residuary devisee and legatee under the last will of said decedent, from the decree of partial distribution made September 22, 1931, in the matter of said estate. The appeal has been taken on the judgment-roll alone (that is, on the clerk's transcript of the record in his office pertinent to said dis...
Views: 7
By an amended information filed by the district attorney of Tulare County the defendant was accused of the crime of petty theft, and with having suffered two prior convictions of felonies. He pleaded not guilty to the charge of petty theft, and guilty to one prior conviction, but apparently not guilty to the second. It was stipulated that the second prior conviction should not be considered during...
Views: 0
THE COURT. On January 8, 1926, defendant Strehl was the owner of a parcel of real property in Alameda County. He was indebted to plaintiff in the sum of $775. On that date Strehl conveyed the property to defendant Eleanor Le Conte, who on April 23, 1926, conveyed the *Page 66 same to the Stockholders' Auxiliary Corporation by a deed of trust to secure the payment of the sum of $1250. Previous to ...
Views: 1
This is a motion to dismiss the appeal or affirm the judgment made under the provisions of section 3, Rule V, Rules for the Supreme Court and District Courts of Appeal, which became effective on July 1, 1932. It is recited in the moving papers that the "Motion will be based *Page 63 upon the clerk's transcript on appeal, the reporter's transcript on appeal, upon the appellants' opening brief and ...
Views: 0
From a judgment in favor of the defendant in an action to quiet title the plaintiff has appealed and has brought up a bill of exceptions. The complaint was in the usual form. In its answer the defendant interposed some denials and then it pleaded affirmatively *Page 60 facts showing that on December 10, 1929, it purchased the property at a sale held by the trustee named in a certain deed of trust...
Views: 8
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 50 The appellants have taken this appeal from a judgment against them as plaintiffs, following an order of the trial court sustaining a demurrer of the respondent Elizabeth Vanier, and a separate demurrer of the other respondents to the second amended complai...
Views: 6
These proceedings for writs of mandate were brought by plaintiffs to compel defendants, in their official capacity, as the mayor and city council of the city of Eureka, to abstain from refusing to permit plaintiffs to perform their duties as policemen of the said city of Eureka, and to abstain from refusing to permit them the use, enjoyment and emoluments of said offices. Upon the hearing of the s...
Views: 0
The petitioner seeks to review an award of damages which was rendered by the Industrial Accident Commission in favor of Leoncio Alonso against the New York Indemnity Company and the State Compensation Insurance Fund, jointly, as separate insurers of co-employers of the claimant who was injured in the course of his employment. William Crawford owned a tract of rice land in Yolo County. He lacked ex...
Views: 2
On September 10, 1931, the plaintiff Lizzie B. Thibaut, a taxpayer of Antelope school district, Shasta County, began her action to have declared void a certain contract of employment of Mrs. Laura E. Moore, entered into between her and the trustees of said *Page 33 district on May 20, 1931, and to enjoin defendants from issuing, approving or paying warrants as compensation for her services as tea...
Views: 1
This action was brought by plaintiff against defendants for false imprisonment and malicious prosecution. The complaint contains two counts, the first *Page 29 count being for false imprisonment, and the second count being for malicious prosecution. The second count was dismissed by plaintiff, and a trial was had on the first count. Judgment was rendered in favor of defendants Zelzah Warehouse Co...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 17 Plaintiff brought two actions seeking to recover on three insurance policies issued by the defendant company. One of these actions (superior court No. 212,855) involved an accident insurance policy and the other (superior court No. 217,765) was based upon ...
Views: 6
Action upon a promissory note for the principal sum of $7,500, dated September 14, 1927, payable ninety days after date, executed by the defendants and appellants to plaintiff, who is the respondent herein. The appellants first filed separate answers, each alleging: First, that he had received no consideration for the execution of the note; and second, that the note was given as security agai...
Views: 0
As the result of three actions which arose from allegedly negligent operation of a motor-bus and a private automobile at an intersection of public thoroughfares, consolidated for the purposes of trial, judgments were rendered in favor of the plaintiffs. The defendants presented separate appeals therefrom upon the same transcript. The instant appeal is from one of said judgments, entered in favor o...
Views: 0
[1] This petition for a writ of prohibition involves the same issues which are presented in a petition for writ ofsupersedeas entitled Field v. Hughes, *(Cal.App.)16 P.2d 160, in which an opinion of this court was this day filed. It therefore becomes unnecessary to pass upon this petition for a writ of prohibition. The petition is therefore dismissed. Pullen, P.J., and Plummer, J., concurred. * RE...
Views: 1
MEMORANDUM CASES. [1] The facts of this case are in all essential elements the same as in the case of Application of Claude Williams, (Crim. No. 2264) ante, p. 424 [16 P.2d 172], this day decided by this court. For the reasons stated in the case referred to the writ herein is discharged. Works, P.J., and Thompson (Ira F.), J., concurred. *Page 780 ...
Views: 1
This is an appeal from an order of the Superior Court of Orange County, sitting as a juvenile court, declaring Louis Pierce to be a ward of said court and ordering that he be committed to the Preston School of Industry at Ione, until further order of the court. It appears that no phonographic reporter was present at the hearing, hence no transcript of the proceedings could be prepared. Counsel for...
Views: 4
The appellant was charged on information, tried and convicted of the crime of incest and appeals *Page 770 from the judgment and from the order denying him a new trial. [1] No good purpose would be accomplished by a recital of the details of the testimony of the prosecutrix. Her testimony was direct and positive, not only as to the act complained of but of the subsequent abortion in which the app...
Views: 1
This is an appeal from a judgment which was rendered against the plaintiff pursuant to a directed verdict in an action for malicious prosecution. The sole question is whether the record contains substantial evidence of probable cause justifying the defendant in instituting a civil suit for damages against plaintiff in which he was charged with arson. *Page 761 The plaintiff is a brother-in-law of...
Views: 4
THE COURT. [1] Under the authority of section 3, Rule V, of the Rules for the Supreme Court and District Courts of Appeal, respondent moves to dismiss the appeal or affirm the judgment upon the ground that the appeal was *Page 759 taken for delay only and that the questions on which the decision of the case depends are so unsubstantial as not to need further argument. After examining the transcri...
Views: 1
THE COURT. A general demurrer filed by respondents to appellant's second amended complaint was sustained, following which a judgment of dismissal was entered. According to the complaint, respondent Clifford was doing business under the name of Fire Protection Engineering Co. The Townsend Co., a corporation, which was joined as a defendant, was the owner of a certain building in San Francisco which...
Views: 2
This action was instituted by plaintiff, a stockholder in the Farmers Merchants Bank of Imperial, to recover from defendant Superintendent of Banks of the State of California a certain sum of money paid by said plaintiff on account of an assessment imposed by said defendant upon the stockholders of the bank after the bank had become insolvent and defendant's predecessor in office had taken posses...
Views: 3
Appellant, who had a permit from the Railroad Commission of California to operate as a transportation company under the provisions of the Auto Stage and Truck Transportation Act (Stats. 1917, p. 330, and the acts amendatory thereof), instituted this action to enjoin respondents from transporting goods over the public highways of the state, alleging that they were operating as a transportation comp...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 317 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 318 THE COURT. This action was one for equitable relief, namely, a decree declaring the plaintiff to be the owner ...
Views: 2
Upon the twenty-ninth day of September, 1930, Thomas McGirl, a resident of the county of Los Angeles, died, leaving an estate, the larger part of which was located in Montana and a small part at Long Beach, in Los Angeles County, California. The will of decedent, together with two codicils, was duly admitted *Page 312 to probate, and on November 30, 1930, letters testamentary were issued to the e...
Views: 9
This is an appeal by the intervener from a judgment in favor of plaintiff for the foreclosure of a chattel mortgage bearing date March 6, 1930, and given by defendant to plaintiff to secure the payment of a promissory note in the principal sum of $6,500 with interest at seven per cent. Appellant, a creditor, intervened in the action as against both litigants, alleging, among other things, that the...
Views: 1
This action was brought by plaintiffs Thomas Edwin Gill and Myla Ritzinger Gill to recover from the Torrens title assurance fund in the custody of the state treasurer the value of certain lands in Imperial County described in the complaint and registered pursuant to the act commonly known as the Torrens Land Transfer Act, under the claim that plaintiffs purchased said land in reliance upon a certi...
Views: 0
THE COURT. On February 27, 1930, judgment was entered in the above action in favor of plaintiff and against the defendant for $2,500 and costs. The action was one for personal injuries caused by the negligent operation of an automobile by the defendant. The latter was insured against loss or damage due to such negligence by a policy of liability insurance issued by the Home Accident Insurance *Pag...
Views: 4
The defendants were jointly accused by indictment of the crime of conspiring to violate the Alien Land Law of this state. (Stats. 1921, p. lxxxiii; Stats. 1923, p. 1020; Stats. 1927, p. 881.) The indictment charged that the defendant Ozaki was and is an alien ineligible to citizenship under the laws of the United States; that he was a citizen and subject of the empire of Japan; and that he was not...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 270 This is an appeal from a judgment in a proceeding brought by the attorney-general of the state of California and the district attorney of San Diego County, for the purpose of establishing an escheat as to certain agricultural lands in accordance with the ...
Views: 4
This is a motion to dismiss an appeal from a judgment of the Superior Court of San Diego County because of the failure of appellants to file their record on appeal within the time specified in section one of rule I of the Rules of the Supreme and District Courts of Appeal of the state of California, and seeking to invoke the penalty for the failure to so file the record prescribed in section one o...
Views: 3
This is an appeal by the defendant from a judgment in favor of the plaintiff in an action for damages growing out of a collision between two automobiles. As the respondent was driving his machine along his own right-hand side of a paved highway, having recently entered the same, he observed another automobile, driven by the appellant Hubbard and owned by the other appellants, approaching on its le...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 250 This action was instituted by the plaintiffs, Chester Brooks Wood and Carolyn Lyde Wood, minor children of Letta Wood, deceased, through their duly appointed guardian ad litem, to have certain instruments affecting the title to real property in the county...
Views: 2
Plaintiff filed an action of claim and delivery against defendants for a well-drilling rig and equipment which she alleged defendants had taken possession of without her consent. She secured judgment for its return, or, its value in the sum of $1200 as determined by the trial court, together with $800 damages for its detention. It appears that plaintiff was indebted to defendant Thompson, and with...
Views: 1
This is an action to recover certain rentals claimed to be due under the provisions of a written lease. Under date of November 14, 1924, the plaintiff leased 160 acres of land to the defendant for the term beginning January 15, 1925, and ending July 15, 1928. The lease recited that the plaintiff was then planting the premises to alfalfa and barley; that he would care for and irrigate the same unti...
Views: 0
Plaintiff Boulevard Land Company instituted an action to recover certain payments alleged to be due it under the terms of a contract for the sale of real property. The contract provided for payment in monthly installments. During the trial a supplemental complaint was filed which prayed for judgment for the entire balance remaining unpaid of the purchase price stipulated in this contract. Defendan...
Views: 2
The administrator with the will annexed in the matter of the estate of James E. Dawson, deceased, appealed from an order allowing funeral expenses and attorney's fees in amounts less than those claimed by them. [1] The appellants' briefs contain no separate presentation of points, appropriate headings or list of authorities, and are not so prepared as to comply with rule VIII of the Rules of the S...
Views: 1
This is an appeal from a judgment rendered in plaintiff's favor. The cause of action as alleged in plaintiff's complaint is one for damages arising from a certan collision had between automobiles driven by the respective parties to this action. The complaint alleges negligence on the part of defendant in the operation of his automobile as the cause of the damage. The answer of defendant is, in eff...
Views: 1
Plaintiff, who was a painting contractor, instituted this action against defendant Bessolo and Gualano, Inc., a corporation, which was the general contractor engaged in the erection of three separate apartment houses, for an alleged balance claimed by him as due under the terms of three agreements had with said defendant for the painting of said apartment houses, and as against defendant Angelo Be...
Views: 0
Petitioners seek a review of the order of respondent Commission denying them compensation for the death of Anton Nielsen. Deceased was employed as a cabinet-maker by respondent Bersch, who was insured by the respondent State Compensation Insurance Fund. The deceased was forty-seven years old at the time of his death and had been working steadily at his trade with respondent for a period of fifteen...
Views: 7
THE COURT. An appeal by the plaintiff from an order taxing and disallowing costs claimed by plaintiff. The reason of the order was that a judgment entered in plaintiff's favor was one which could have been rendered by the Municipal Court in the City and County of San Francisco. The action was brought in the Superior Court of the City and County of San Francisco to enforce a lien created by contrac...
Views: 1
Respondent instituted this action seeking a divorce and maintenance from appellant. He answered and filed a cross-complaint in which he sought a divorce. The complaint alleged wilful neglect and failure to provide in one cause of action, and desertion in another. The trial court granted respondent an interlocutory decree of divorce on both grounds and awarded her $40 per month. Appellant is here a...
Views: 0
The action is on a promissory note dated March 14, 1930, and by its terms due ninety days after April 1, 1930. Judgment was entered in favor of the plaintiff, and the defendants appeal therefrom. Respondent moves to dismiss the appeal as one taken for delay only, and also as being an appeal which presents no substantial question. For a statement concerning section 3 of rule V of this court, see de...
Views: 1
This motion to dismiss appeal or affirm the judgment is made upon the ground that the appeal is taken for delay only, and on the further ground that the questions upon which the decision of the cause depends are so unsubstantial as not to need further argument. The motion is based upon appellant's opening brief, and on the transcript, and on the points and authorities of respondent in support of t...
Views: 1
Defendant Gardner and one Stromberg were charged with the commission of the crime known as "possession of a still", alleged to have been operated by them for the purpose of manufacturing intoxicating liquor for beverage purposes. On the trial, after all the evidence had been introduced, through his attorney, defendant Stromberg indicated "that he would change his plea to the court and plead guilty...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 155 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 156 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
Views: 5
Plaintiff and respondent here recovered a judgment as against defendants and appellants, Clinch and Thurtle, real estate brokers and copartners, and one Donnell, the mother-in-law of defendant Clinch. No judgment was had as against defendant Weadon. The evidence as presented upon this appeal discloses the following facts. Plaintiff for some years prior to the transactions here involved was the own...
Views: 6
In a separate action against the defendant for damages for personal injuries which ensued by reason of its alleged negligence, each of the plaintiffs recovered a judgment. For the purpose of trial the two actions were "consolidated". The questions raised by the appellant from each of such judgments, as well as from "an order denying a new trial", are limited to alleged errors committed by the tria...
Views: 3
Plaintiff sued to recover money alleged to have been paid to the defendants through fraud and deceit. He had judgment for $2,503.10 and the defendant Jespersen alone has appealed. The complaint alleged that the money was paid upon the defendants’ representations that they would organize a corporation for the manufacture and sale of candy and give plaintiff one-half the stock; that the defendant...
Views: 0
Plaintiff sued to quiet title to certain real property and defendant had judgment. Plaintiff appeals on typewritten transcripts. The parties are both sons of Mrs. Auguste Stahmer, deceased, who, in August, 1918, executed her deed of gift conveying her property to plaintiff. This deed she delivered to a third person with written instructions to deliver it to plaintiff upon her death. In October, 19...
Views: 3
The above actions, consolidated for trial, were instituted by the respondents to foreclose their respective mechanics' liens for the unpaid balance due on account of materials furnished in the construction of certain buildings and improvements constituting an "automobile laundry". Respondent Hammond Lumber Company was awarded judgment against defendant Sam B. Goldberg in the sum of $7,967.03 and r...
Views: 3
THE COURT. This is an action by the trustee in bankruptcy of the estate of defendant Earl Wooden to set aside certain transfers of real and personal property made by Wooden to his wife, upon the ground that the same were made in fraud of creditors; and to have it decreed that certain other real property acquired by Mrs. Wooden in her name was held by her in fraud of her husband's creditors. The tr...
Views: 2
In an action upon a contract pursuant to which fuel was alleged to have been furnished at a rate in excess of the schedule price chargeable in such cases, judgment was rendered in favor of the defendant upon the pleadings. The plaintiff appealed. The appellant's contract required, and it paid for some years, at the rate of twenty-six cents for natural gas furnished by the respondent. The complaint...
Views: 1
From a judgment of conviction of the crime of contributing to the delinquency of a minor, and from an order by which her motion for a new trial was denied, defendant appeals to this court. Although appellant's brief on appeal contains several different specifications of error, upon each of which she relies for a reversal of the judgment, it is deemed necessary that but one of such assignments of e...
Views: 13
Action to recover damages for personal injuries received by reason of alleged negligence of the defendant. Judgment was entered in accordance with a verdict for the plaintiff in the sum of $10,000. Defendant appeals from the judgment. While appellant and respondent were returning from Los Angeles to Long Beach in a Cadillac automobile driven and operated by appellant, mechanical trouble developed ...
Views: 4
Four actions for damages for injuries arising out of an automobile collision were tried jointly. George Kalleg, the driver of one of the cars, sued for personal injuries to himself; his wife, Dorothy, sued for personal injuries to herself; two minor children of these parties each sued through their guardian for personal injuries. The jury returned four verdicts. In the actions of the husband and t...
Views: 8
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 87 This is an appeal by the defendants from a judgment of damages arising out of a transaction in which the plaintiffs, as architects, were employed. The record is very long. The facts are few and may be briefly stated. In the conflagration of 1906 in San Fra...
Views: 4
This is an appeal from a judgment quieting title to a triangular parcel of real property, improved with a building, situated on the northwest corner of Thirty-third and Hooper Avenues in the city of Los Angeles. The complaint is in the usual simple form, alleging ownership in fee in the respondent Lucile A. Merrill as her separate property. The answer denies ownership in respondents and alleges it...
Views: 5
Defendant was convicted of robbery. He appeals from the judgment and from an order of the trial court denying his motion for a new trial. The case, on the evidence, was one merely of conflict, the quarrel being between evidence tending to show an identification of appellant as a participant in the crime charged, several having been concerned in it, and evidence tending to prove an alibi. While cou...
Views: 4
Plaintiff commenced this action to foreclose a materialman's lien for materials furnished by plaintiff to the defendant subcontractor, A. Fraumeni. Said defendant and the defendant owners, J. Bulleri and Christine Bulleri, defaulted and the action was dismissed as to the defendant T. Sharman, the contractor. Judgment of default was entered after a hearing, which judgment decreed foreclosure of the...
Views: 1
THE COURT. The litigation between the above parties, of which this action is a part, arose out of an agreement relating to the sale of a restaurant in Berkeley on or about July 24, 1922. The plaintiff executed to the defendant *Page 69 A. Kuhn (who will be hereinafter referred to as the defendant) the following instrument: "Sold this day to A. Kuhn the following described property: the certain le...
Views: 2
This action was brought by plaintiffs and appellants against defendant and respondent for the purpose of recovering the amounts of certain payments totaling $4,067.21 claimed by them to have been made only as "deposits" upon the total purchase price of $12,000, in pursuance of the terms of a written contract for the purchase of a certain fishing boat named "Shina No. 2". Upon the execution of the ...
Views: 1
Appellant was charged by an indictment, tried before a jury and found guilty of the crime of criminal conspiracy, in that he, together with others, conspired falsely and maliciously to procure one Walkup to be charged and arrested for the crime of resorting, *Page 56 a violation of a city ordinance of the city of Los Angeles, and for the crime of drunkenness, also a violation of a city ordinance ...
Views: 3
The facts are stated in the dissenting opinion of Mr. Justice Houser. We are all in agreement that the court did not err in sustaining the demurrer to the plaintiff’s complaint. We of the majority, however, think that the alleged publication of which plaintiff complained was neither libelous on its face nor capable of being given a libelous quality by means of any amendment to the complaint. We t...
Views: 1
This is an appeal by the plaintiff from the judgment of the trial court, sitting without a jury, in a suit to foreclose a materialman's lien on certain real property. The principal question presented by this appeal is the matter of priority between a certain materialman's lien and a certain deed of trust. In the complaint, which is in the ordinary form for the foreclosure of a mechanic's lien, def...
Views: 1
This action was brought by plaintiff to foreclose a mechanic's lien for material furnished to defendant J.P. Stein. Respondent Progressive Finance Corporation answered, claiming that it was the owner of a deed of trust upon the premises covered by the said mechanic's lien and that said deed of trust was prior to said lien. Judgment was rendered in favor of appellant against defendants Stein, Peet ...
Views: 0
The defendants were tried with a jury upon an information charging robbery. A verdict for the People resulted and the defendants have appealed from the judgment and from the order denying their motion for a new trial. At about 10 o'clock on the evening of November 11, 1931, the defendants, in company with Raymond Hill, entered a bootlegging "joint" in the city and county of San Francisco, and, aft...
Views: 4
Plaintiff sued for damages for deceit and had judgment for $14,594. Defendants appeal on typewritten transcripts. The cause was partly tried at an earlier date when, upon the close of plaintiff's case, the trial court granted defendants' motions for nonsuit. On appeal this order was reversed. (Andrew v. Bankers Shippers Ins. Co., 101 Cal.App. 566 [281 P. 1091].) In the opinion then rendered a ful...
Views: 2
This is an action brought to recover $7,922.81, upon a promissory note. Judgment was rendered in favor of plaintiff. The appeal is prosecuted from the judgment. The note was executed by F.H. Zook, who died and whose estate is being administered by defendant, and it reads as follows: "No. 12315 Due 9-5-24 "Des Moines, Iowa, September 5, 1923. "Twelve months a...
Views: 3
The petitioners have applied for a writ of review to annul an award made by the respondent Commission. The record is very long; however, the facts pertinent to this application are very brief. On December 23, 1924, while employed by Larsen Larsen, the respondent Joseph Wellde was injured. At that time the New Amsterdam Casualty Company was the insurance carrier for the employers. Thereafter, on J...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 3 THE COURT. In 1927 defendant Raymond R. Allison, a contractor, entered into a contract with Fred H. Bergmann for the construction of a dwelling-house on two lots near the town of Los Gatos. Prior to the commencement of work the contract with the plans and s...
Views: 7
In effect, the facts involved in this appeal and the principles of law applicable thereto are alike identical with the facts and the law respectively set forth in the case of People v.Showalter, (Crim. No. 2241) ante, p. 665 [14 P.2d 1034], this day decided by this court. [1] It is ordered that the judgment and the order from which the appeal is taken be and the same are affirmed. Conrey, P.J., an...
Views: 3
MEMORANDUM CASES. THE COURT. [1] This appeal involves the same questions that were involved in the case of J.D. Thomas v. Jessic E. Lavery, (Third Civil No. 4570) 125 Cal.App. 666 [14 P.2d 158], wherein Emma L. Barnett was defendant and appellant. For the reasons set forth in the opinion in that case (filed September 6, 1932), the judgment in this case is reversed....
Views: 1
The appellant was convicted of a violation of the provisions of section 2 of an act of the *Page 779 legislature approved June 13, 1923, commonly known as the "Firearms Act". (Stats. 1923, p. 695.) The charging part of the information is as follows: "The District Attorney of the County of Fresno hereby accuses Robert Roy McFarlan of a felony to-wit: Possession by an exconvict of a firearm capable...
Views: 5
Plaintiffs brought this action to recover a money judgment against defendants. Defendants answered and filed a cross-complaint seeking to recover a money judgment against plaintiffs. The cause was tried by the court sitting without a jury, and from a judgment in favor of defendants and cross-complainants the plaintiffs and cross-defendants appeal. The pleadings are lengthy and reveal that both ...
Views: 4
This is a motion to dismiss this appeal. [1] It appears from the certificate of the clerk of the court below that no proceedings are pending for a settlement of a bill of exceptions or a transcript on appeal and that no notice for the preparation of a transcript under the provisions of section 953a of the Code of Civil Procedure has been filed in his office. The statutory time within which a recor...
Views: 2
From a judgment in favor of the plaintiff in an action brought to obtain declaratory relief the defendant has appealed. In 1923 the defendant was the owner of a lot on the west side of South Spring Street in Los Angeles. She entered into a ninety-nine year lease. The lease was assigned to the plaintiff. As lessee the plaintiff erected a twelve-story steel frame class "A" building on the lot. The b...
Views: 4
Plaintiff sought damages for personal injuries alleged to have been caused by the negligence of defendants. The cause was tried by a jury and from a judgment in favor of defendants, plaintiff appeals. Plaintiff claimed to have sustained his injuries when the motorcycle upon which he was riding upon a city street, at a speed of about eight miles per hour, skidded on some oil which had drained ou...
Views: 2
This is an appeal by the defendant from a judgment in favor of the plaintiff in an action for damages for breach of a contract. The plaintiff alleged in his complaint that he entered into a contract with the defendant under which he was to haul all ice sold by the defendant in a certain territory during a certain season, also alleging his readiness, willingness and ability at all times to perform ...
Views: 2
This action was prosecuted by plaintiff against appellant in her proper person and also as the executrix of the last will and testament of H.J. Exterstein, deceased. The purpose of the action was to have restored to the estate of said decedent certain assets out of which to pay debts of the estate. Judgment was for plaintiff and this appeal follows. [1] The grounds upon which appellant urges a rev...
Views: 2
The defendant was charged by an information containing five counts with that number of offenses of forgery and two prior convictions. He admitted the previous convictions but pleaded not guilty and not guilty by reason of insanity. He was found guilty on three counts. Judgment was pronounced, the sentences being made to run concurrently. At the time the defendant was arraigned for judgment on Febr...
Views: 0
Under the provisions of section 476a of the Penal Code, defendant was charged with the commission of the criminal offense of "issuing check without sufficient funds". From a judgment of conviction and from an order by which his motion for a new trial was denied, defendant has appealed to this court. On the trial of the action defendant admitted the issuance by him of the check in question; also th...
Views: 3
The information upon which appellant was tried contained ten counts. The trial was had before the court sitting without a jury, and appellant was found not guilty upon nine counts and guilty upon one count – count VII. From the judgment entered against him upon count VII, and from the order denying his motion for a new trial, appellant takes this appeal. The count of the information upon which app...
Views: 10
— Defendants appeal from a judgment wherein plaintiff recovered damages on account of services rendered to the defendants by plaintiff in the capacity of broker in an exchange of properties between the defendants and third persons. The first point of law presented by appellants as a compelling reason for a reversal of the judgment is that certain controlling findings of fact made by the trial c...
Views: 0
This action was brought by the plaintiff to recover on a cause of action which, according to the complaint, had been the property of Matthews-Kenney Co., and by assignment of which, it was alleged, the claims of said company, together with its right to sue for and collect the moneys in question, had passed to the plaintiff. Judgment was in favor of defendants, and plaintiff appeals therefrom. T...
Views: 1
THE COURT. The above action was brought by Margaret Feeney, since deceased, to recover installments of rent under a lease alleged to have been entered into by defendants on October 12, 1924. The answers admitted the execution of the lease by defendant Clapp but denied its execution by or on behalf of defendants Woodruff, who were copartners doing business under the name of F.H. Woodruff Sons. Mrs...
Views: 4
Appellant is the Superintendent of Banks of the State of California, and as such took possession of the property and business of the California Savings and Commercial Bank of San Diego on July 24, 1930. Among the assets of the bank which came into appellant's possession was a promissory note dated May 19, 1930, payable August 18, 1930, in the principal sum of $25,000, signed by respondent. The evi...
Views: 0
The petitioner in this action is the owner and holder of 1395 of the outstanding bonds of Reclamation District No. 2057, of the aggregate value of $1,395,000. All of said bonds are dated July 1, 1924, and are of the face value of $1,000 each, bearing interest at the rate of six per cent per annum, payable semi-annually. On July 1, 1932, there became due on each bond the sum of $30, as evidenced by...
Views: 2
This is an appeal from an order granting a petition made by the aunt of minors under fourteen years of age, by which order said aunt was made the guardian of the persons of said minors. No appeal is taken from that portion of the order which made the said aunt the guardian of the estate of all of said minors, and of the person of the minor who was over the age of fourteen years. The appeal is pro...
Views: 1
The judgment, from which this appeal is taken, gave to respondents the sum of $1750, and provided that appellants take nothing by their cross-complaint. The action as instituted by respondents was one for fraud. The appellants filed an answer to respondents' complaint and also a cross-complaint by which they sought to quiet title, as against respondents, to the lot or parcel of land involved in th...
Views: 2
The complaint, which contains only the usual allegations, essential for that purpose, prays the *Page 694 foreclosure of a mortgage, given on May 5, 1916, by decedent to respondent, during their marriage, as security for the payment weekly of specified sums, in full settlement of all her claims and demands against him and his estate. The answer, among other defenses, pleads as a bar to recovery a...
Views: 6
Plaintiff sought to recover damages for the death of his minor son, Charles N. Cunningham, Jr., alleging that said death was caused by the negligence of the *687 defendant in operating his automobile. Defendant denied any negligence on his part and pleaded contributory negligence on the part of the deceased boy. The cause was tried with a jury and a verdict was rendered in favor of the defendan...
Views: 0
This is an appeal from an order refusing to vacate a default and a default judgment, which motion was made under the provisions of section 473 of the Code of Civil Procedure. The action was filed September 8, 1931, and personal service of summons was had on appellant. Its default for failure to appear was taken October 17, 1931. Judgment was rendered after evidence was taken on November 16, 1931. ...
Views: 5
This proceeding is based upon a petition for a writ of mandate requiring the defendants, constituting the Board of Supervisors, to make an order directing the officer having charge of the records thereof to cancel an assessment of taxes assessed against land now *Page 671 owned by the state of California, and acquired by it for park purposes. The said petition sets forth, in substance, the follow...
Views: 0
Defendant, who was a receiver appointed by the trial court, was indicted by the grand jury on six separate counts for the commission by him of the "crime of embezzling public moneys, in violation of section 424 of the Penal Code". A demurrer to the indictment was sustained and the action "dismissed" by order of the trial court. The plaintiff has appealed "from a judgment for the defendant on the d...
Views: 4
At the trial of these consolidated actions to recover damages for personal injuries sustained by plaintiffs *Page 663 in an automobile accident, verdicts were rendered against the defendants for the total sum of $3,500, and judgments in conformity therewith were entered by the clerk on the same day. Nine days afterward Maude I. Weston, one of the defendants, served and filed in each action notice...
Views: 1
Appellant brought this action seeking to have it decreed that he was subrogated to the rights of the Los Angeles First National Trust and Savings Bank, hereafter referred to as the respondent bank, the mortgagee named in a chattel mortgage executed by Sue Harwell on certain cattle in Imperial County, which mortgage was paid by appellant upon the demand of the respondent bank after appellant had ca...
Views: 1
George W. Rochester, a candidate at the recent primary election for the Republican party nomination for congressman, is seeking to have the superior court decree that he and not William D. Campbell, petitioner herein, has been nominated. The board of supervisors has canvassed the votes and declared Campbell nominated. Rochester bases his claim for a recount of the ballots upon an information and b...
Views: 1
This is a petition for the issuance of the writ of habeascorpus on behalf of one Harry Glick who is confined in the county jail or in the road camp under restraint of the sheriff of Los Angeles County. Glick was charged by information of the crime of forgery in two counts. One for forging a name to a bank check for $5 and *Page 650 one for the sum of $25. He pleaded not guilty and not guilty by r...
Views: 10
Charles A. Doyle, decedent herein, was adjudged incompetent by the Superior Court of Los Angeles County, and Alice E.S. Doyle, the respondent herein, was appointed guardian of his estate, and continued to act as the duly qualified guardian of decedent at all times thereafter until the date of his death. After the adjudication of incompetency, *Page 647 decedent conferred with appellant, an attorn...
Views: 2
In an action brought by plaintiff against the defendants, Julian Petroleum Corporation intervened. As far as concerns the facts which are material to the question submitted to this court, it appears that the defendants were the owners of a beneficial interest in a trust; that arising from some anticipated services to be thereafter performed for the defendants by one White, it was assumed that in p...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 625 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 626 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
Views: 9
Petitioner seeks his release on habeas corpus from confinement for an alleged contempt for failure to answer certain questions as a witness in the trial of one G.E. Grosse. This is a companion case to In re Crow, (No. 1692) ante, p. 617 [14 P.2d 918], the opinion in which has been this day filed. Petitioner is the husband of said Alice Crow. After being sworn and asked the usual preliminary questi...
Views: 1
Petitioner seeks her release on habeas corpus from confinement for an alleged contempt based upon her failure to answer certain questions as a witness in the trial of G.E. Grosse. Said G.E. Grosse was charged by indictment under section 274 of the Penal Code with using instruments upon *Page 618 petitioner in the month of July, 1932, with the intent thereby to procure a miscarriage. Petitioner an...
Views: 14
The action is in equity to reform instruments alleged to have been procured by defendants through fraud and mistake. The complaint was demurred to generally, and upon the ground that the action is barred by the provisions of section 338, subdivision 4, and by section 343 of the Code of Civil Procedure. The demurrer was sustained and, plaintiffs having failed to amend, their default was entered and...
Views: 3
The plaintiff commenced, an action against the defendant to obtain relief by reason of alleged fraud practiced on her in a transaction involving the purchase of certain real estate. The trial court made findings in favor of the plaintiff and from the judgment entered thereon the defendant has appealed and has brought up a transcript containing the judgment-roll alone. The defendant asserts that...
Views: 0
In an action brought to recover damages for injuries sustained in an automobile collision the plaintiff recovered a judgment for $14,000. The defendant appealed from the judgment and has brought up a typewritten transcript. Later he filed his brief. Thereafter,'the plaintiff filed in this court a notice of motion to dismiss or affirm. (Subd. 3, Rule V, of the Supreme Court, and District Courts of...
Views: 0
This is an appeal from an order of the superior court setting aside and vacating a default judgment obtained after publication of summons. The proceedings herein were instituted by petitioners, Walter Leo Whitesell and Carol Georgia Whitesell, under the provisions of the Land Title Law adopted by the initiative method at the general election of November 3, 1914. The petition was filed on December ...
Views: 4
This was an action for damages for injuries sustained by plaintiff, when struck by an automobile operated by defendant's employee, McNamee. The said McNamee, having died prior to the trial, the case proceeded against defendant E.H. Tryon, Inc., alone. The case was tried by a jury, which returned a verdict for plaintiff for $12,500; thereupon said defendant moved for a new trial, the same being den...
Views: 4
The petitioner seeks to prohibit the Superior Court of Modoc County from proceeding to try an action in eminent domain which was instituted by the Tionesta Logging Railway Company to condemn an easement to be used for a crossing of the track of the Great Northern Railway Company. It is asserted the court lacks jurisdiction to try the condemnation suit for the reason that the order of the Railroad ...
Views: 6
Upon petition for writ of habeas corpus, the petitioner contends he is entitled to his discharge from custody for the reason that the judgment of commitment is void for failure on the part of the court to determine the degree of his crime before pronouncing sentence. The information which was filed against the defendant contained four counts. The second count charged him with an attempt to commit ...
Views: 10
On the twenty-second day of February, 1932, in the night-time, while John J. Logan, a police officer, was lawfully attempting to arrest the defendant, the arrest was resisted by the defendant, who in making such resistance assaulted the officer and inflicted upon him severe injuries. That the offense was committed is an undisputed fact. But the defendant contended at the trial, and now contends, ...
Views: 0
THE COURT. Plaintiff and her son, Donald L. Patch, were the owners in fee simple as tenants in common of certain real property in Berkeley, California. On April 30, 1927, plaintiff executed a deed, conveying her interest therein to her son, who on the same day executed to her his note for $10,437.50 payable on demand. The note contained the following clause: "In consideration of the aforesaid inde...
Views: 0
This is an appeal from an order modifying a judgment and decree in a divorce action in respect *Page 559 to the custody and maintenance of the minor child of the parties. An interlocutory decree of divorce was entered on April 22, 1924, in favor of the plaintiff herein, upon the ground of desertion of the defendant. This decree adopted, and made a part thereof, a property settlement agreement pre...
Views: 12
This appeal is by Louisa Bauer from an order of the Superior Court of Sonoma County, admitting the will of Carl Peters, deceased, to probate. Carl Peters died in the city of Oakland, on June 11, 1931. On June 18, 1931, the will of deceased was filed for probate *Page 76 in said county of Sonoma, together with a petition for its probate, by the executrix named therein. The will was dated July 2, 1...
Views: 6
This is an appeal from an order denying a motion for change of venue from San Francisco to Los Angeles County. The action was brought upon a policy of accident insurance issued by defendant and appellant, a corporation. At the time the policy was issued and at the time the accident to the insured occurred the principal place of business of appellant was in San Francisco, *Page 66 but prior to the...
Views: 2
Broadly stated, the action upon which the instant appeal is based was brought by the plaintiff against defendant for the purpose of recovering a judgment on account of moneys alleged to have been expended by the plaintiff in repairing an airplane which was the property of the plaintiff, but which had been damaged while in the possession of defendant. In said action additional damages were claimed ...
Views: 1
This appeal is from a judgment had upon a promissory note signed by appellant only. The co-defendant was appellant's husband, and was made a party solely for that reason. The complaint in the action was filed on October 15, 1924, and defendants duly answered November 15, 1924. The case came on for trial February 26, 1929, and plaintiff's counsel made a motion for a continuance, so that he could fi...
Views: 1
The defendant was convicted of the crime of forgery and has appealed from the judgment. The complaining witness, Mrs. L.D. Feighner, is a married woman residing in San Francisco. The defendant is a married man residing in Oakland. He is a painter by trade and while doing some work in an apartment house in which the complaining witness resided they became acquainted. Their acquaintance became very ...
Views: 9
THE COURT. The plaintiff in the above action sought a decree, declaring the rights of the parties under a contract for the exchange of real property. The property, conveyed to defendants Solomons, was improved by the erection thereon of two apartment houses. Said defendants filed a cross-complaint, alleging fraud by plaintiff inducing the exchange and asking for a rescission. The other parties to ...
Views: 5
Defendant De Cesaro was sentenced, upon plea of guilty, to a term of imprisonment in the state prison. After judgment he moved the trial court that the judgment be set aside and that he be permitted to withdraw his plea of guilty and to enter a plea of not guilty. An order was made denying the motion and from the order De Cesaro appealed. [1] The ground of the motion was that, before entering his ...
Views: 6
The petitioner, charged by indictment with a violation of the Corporate Securities Act, applied for a writ of prohibition, following an adverse ruling upon a demurrer, and motion to dismiss, and asserts that said indictment was not founded upon sufficient evidence to warrant its rendition. [1] It is familiar law that prohibition arrests the proceedings of a tribunal when such proceedings are witho...
Views: 14
In accordance with the provisions of section 3738 of the Political Code, the auditor of Los Angeles County furnished to defendant assessor of said county, blank "personal property" receipts, of the year 1931, in the required form and duly numbered, and charged the assessor with the number of receipts so issued and delivered. In said section 3738 it is provided that "On the first Monday in August, ...
Views: 1
Two related reasons are advanced by the defendant in support of his appeal from a judgment following a jury's verdict: First, he urges that, as a matter of law, the plaintiff appears from the evidence to have been guilty of contributory negligence, and so not entitled to damages for the injuries, of which defendant's negligence was, at least, one of the causes; secondly, he finds fault with an ins...
Views: 1
Plaintiff sued upon a rejected claim for money had and received. The cause was tried without a jury and plaintiff had judgment from which defendant has appealed on typewritten transcripts. Plaintiff's former husband, Captain Mathieson, died May 17, 1919. He was then a member in good standing of the San Francisco Bar Pilots Benevolent Association and had paid for such membership the sum of $3,500. ...
Views: 1
Appellant does not question the findings that defendant Hasha, in payment for materials furnished him by respondent in the construction of two houses, drew two orders, dated respectively July 26, 1926, and August 5, 1926, against funds to his credit in appellant's *Page 24 possession; that immediately after their dates, respondent presented the orders to appellant, who then gave its written recei...
Views: 0
This is an action to enjoin the city council of the City of San Diego from constructing a road through Torrey Pines Park. At the time the action was filed the main highway between Los Angeles and San Diego ran through a portion of the park. The highway *Page 16 contained many curves and, becoming inadequate for the traffic thereover, the city council were preparing to construct a new highway thro...
Views: 3
At the time this matter was first presented to the superior court, upon the petition of Hiram and Jackson lodges, praying distribution to them of the residue of the estate of Gary Wirt, the heirs at law of said deceased appeared and filed their contest and objection to such distribution, alleging as the sole ground of such contest "that the bequest in the will of said deceased was and is void unde...
Views: 10
The plaintiff petitioned the trial court for a writ of mandate to compel the city council of the city of *Page 2 Culver City to include in the tax levy for the fiscal year of 1930-1931, a rate or sum sufficient to pay plaintiff's judgment against the city of Culver City, in the sum of $2,753.50, with interest thereon at the rate of seven per cent per annum from June 18, 1928, or in lieu thereof, ...
Views: 3
This is a companion appeal to Braren v. Reliable CarpetWorks, Inc., et al., (No. 8305) ante, p. 489 [13 P.2d 972], and Braren v. Reliable Carpet Works, Inc., et al., (No. 8306) ante, p. 785 [13 P.2d 973], the merits of which were considered and determined in Braren v. Reliable Carpet Works,Inc., et al., (No. 8305) ante, p. 489 [13 P.2d 972], this day decided. [1] For the reasons and upon the groun...
Views: 1
The merits of the within appeal were considered and determined in Braren v. Reliable Carpet Works, Inc., et al., (No. 8305)ante, p. 489 [13 P.2d 972], this day decided. [1] For the reasons and upon the grounds set forth in the decision therein, the purported judgment appealed from herein is affirmed. Tyler, P.J., and Cashin, J., concurred....
Views: 0
MEMORANDUM CASES. This is a companion case to Milano v. Bulleri, (No. 8414)ante, p. 72 [13 P.2d 521], in which the opinion was this day filed. [1] The appellant owners in the present case defaulted in the trial court and a judgment decreeing foreclosure of the lien was entered. The appeal in this case is submitted upon the briefs in Milano v. Bulleri. For the reasons stated...
Views: 1
The appellant was convicted upon an information charging that he did wilfully, unlawfully, feloniously and forcibly take from the person of one J. A. Olson, lawful money of the United States of the value of $20. That the taking was accomplished by means of force, and at the time of the taking appellant was armed with a deadly "weapon, to wit, an automatic pistol. From the judgment following the c...
Views: 0
In an action for damages by the owner of real property against the vendor of a building for its removal therefrom prior to foreclosure of a deed of trust of such owner and his purchase at a sale thereunder, judgment was rendered in favor of the plaintiff, and the defendant appealed. The arguments are devoted mainly to a controversy as to whether or not said building was a fixture. It appeared that...
Views: 1
On March 28, 1931, Griffith Roberts and Mary Roberts were man and wife residing in Oakland. They had two minor sons, Frank and Walter, both of whom were living with their parents. The parents were living together and both were employed by Mountain View Cemetery Association. The wife received $75 per month and the husband received $125 per month. When the pay was received the husband delivered his ...
Views: 0
Heretofore Edward A. Mullane had suffered from tuberculosis but the disease ceased to progress. While the disease was quiescent he took employment under the Pacific Gas and Electric Company. While so employed and within the course of his employment he suffered an injury which resulted in the activation of the pre-existing tubercular condition in the laryngeal and spinal region. Soon afterward he d...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 754 A rehearing was granted in this cause to permit further consideration of the question of whether or not this court was justified in its former conclusion that a substantial portion of the 1000 shares of the capital stock of the Compania de Inversiones de ...
Views: 3
This is a petition for a writ of certiorari to review the order of the Superior Court of Humboldt County dismissing petitioner's motion to dismiss an action for condemnation of a right of way for failure to pay the amount of money assessed, within thirty days after the rendering of final judgment, pursuant to section 1251 of the Code of Civil Procedure after an appeal from the judgment had been pe...
Views: 7
The defendant appealed from a judgment whereby the plaintiff recovered damages for alleged fraud committed by the defendant in the course of certain real estate transactions with the plaintiff. The record on appeal having been filed, appellant on May 14, 1932, filed its opening brief. Now comes the respondent and moves the court to affirm the judgment upon the ground that appellant has failed to ...
Views: 0
Plaintiff sued for an accounting and for damages for the conversion of a note and deed of trust. The cause was tried by the court without a jury and went to judgment for the plaintiff upon the second cause of action. The defendant has appealed upon typewritten transcripts. Briefly the facts are that plaintiff had placed in defendant’s hands the note and trust deed as collateral security for the...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 731 Plaintiffs sued as joint liquidators of the Oriental Commercial Bank, Ltd., of Hongkong, China, upon a joint and several promissory note of defendants in the sum of $99,534.96. The cause was tried with a jury, which returned a verdict for plaintiffs upon ...
Views: 7
THE COURT. An appeal by plaintiff from an order entered on March 17, 1931, amending an interlocutory decree of divorce and denying plaintiff's motion to set aside the judgment as amended. At the conclusion of the trial of the action findings were waived and on January 2, 1930, an interlocutory decree of divorce was granted to the plaintiff. The material parts of the decree are as follows: ". . . I...
Views: 5
The will was probated and the statutory six months had run without any contest having been filed. Thereafter a writing was admitted to probate as a codicil to the will. On the same day the proponent *Page 726 of the codicil filed a contest alleging that the will (not including the codicil) was drawn, signed and published while the testatrix was under the undue influence of the executor named in t...
Views: 4
Upon an information charging defendant with commission of the crime of burglary, the defendant was tried before a jury, which found him guilty of burglary in the second degree. Appellant made oral application for permission to file a written application for probation, which application was by the court denied, and defendant was sentenced to the state prison. He appeals from an order denying his mo...
Views: 3
Appellant, the next of kin of the deceased, appeals from the decree of final distribution in the above-entitled estate. By said decree the estate was distributed in accordance with the provisions of the will and codicils of the deceased. In the trial court appellant objected to such distribution on the ground that a provision of the second codicil, which was executed within thirty days of the deat...
Views: 6
Plaintiff sued for mandamus to compel the defendants to reassign her to duty in the Monterey High School. She had judgment and defendants appeal upon typewritten transcripts. The trial court found that plaintiff had been employed as a teacher for three consecutive school years prior to June 11, 1931, and that on June 15, 1931, she received a letter from the clerk of the Board of Education by ordin...
Views: 8
THE COURT. Appellants, with Lee Chong, James Loo You and a woman named Lonie Chan, were charged by a complaint filed in the Police Court of the City of Oakland with the offenses of robbery and conspiracy to commit robbery and extortion. On December 10, 1931, after a preliminary examination the charges against said Lee Chong and James Loo You were dismissed, and appellants, with Lonie Chan, were he...
Views: 9
In this action the plaintiff sought judgment against the defendant for and on account of a certain alleged malicious prosecution. Judgment went for the defendant. The cause was tried before the court sitting without a jury. Findings were waived. From the judgment of the court the plaintiff appeals. The alleged malicious prosecution consisted of the filing of a complaint by the defendant, charging ...
Views: 8
The cause pending herein is an appeal from an order of the Superior Court of Los Angeles County, denying an application for change of place of trial of the action from the Superior Court of the County of Los Angeles to the Superior Court of the City and County of San Francisco. The transcript was filed on November 19, 1931, and appellant's brief was filed on December 22, 1931. *Page 699 Upon appl...
Views: 7
The plaintiff had judgment below and defendant appeals therefrom. The facts involved in this case are comparatively simple and relate to a transaction whereby defendant acquired from plaintiff certain *Page 693 shares of stock. Plaintiff was the owner of shares of stock of the Cawston Ostrich Farm and had had negotiations with defendant looking toward the sale or exchange of the same to defendant...
Views: 0
The defendant executed and delivered to the plaintiff his promissory note dated November 2, 1922, made payable ninety days after date. There is ample evidence to sustain the court’s finding that the note remains wholly unpaid. By defendant’s answer to the complaint he denied the alleged fact of nonpayment, and asserted that the entire amount had been paid. Defendant further set forth that on Marc...
Views: 1
This appeal is from a judgment of dismissal entered after an order sustaining defendant's demurrer to plaintiff's complaint. The demurrer was sustained by the trial court with leave to the plaintiff to amend, but plaintiff elected to stand on his complaint, whereupon, by stipulation setting forth such election and reserving to plaintiff the right to appeal, the order was entered dismissing *Page 6...
Views: 1
This is an appeal by defendants, Wagner-Thoreson Company, E.S. Wagner and M.A. Thoreson, from a judgment entered against them. The facts, over which there appears to be no controversy, are briefly as follows: The Wagner-Thoreson Syndicate Corporation, a Delaware corporation duly qualified under the laws of the state of California, to, and transacting business in this state, had an authorized capit...
Views: 2
THE COURT. This is a petition for a writ of habeas corpus. The petitioner contends he is illegally restrained of his liberty for the reason that he has served the maximum time of imprisonment prescribed by law as a penalty for the offense of which he was convicted. June 6, 1929, the petitioner was convicted by a jury in San Joaquin County, of the felony of "driving an automobile without the consen...
Views: 6
These were actions for damages for personal injuries suffered by plaintiffs through the alleged negligence of defendants. They were consolidated by stipulation of counsel. The jury found for the plaintiff Belle Pate in the sum of $5,000 and for Frank Pate in the sum of $1,000. Judgments were thereupon rendered for said plaintiffs for said respective sums and from those judgments defendants appeal....
Views: 4
This action was brought by plaintiff to set aside a conveyance of personal and real property from defendant Jessie E. Lavery to defendant Emma Lucretia Barnett upon the ground that the said conveyance was executed in fraud of creditors. Judgment was rendered in favor of plaintiff setting aside and annulling this conveyance and from this judgment the said Emma Lucretia Barnett has appealed. On Nove...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 659 Appellant was convicted after a trial had before a jury of murder of the second degree, and appeals from the judgment as entered against him on the verdict and from the order denying him a new trial. Appellant also appeals from the order denying his motio...
Views: 13
Defendant was charged with the crime of murder, and upon a trial, following his plea of not guilty, a jury returned a verdict finding the said defendant guilty of the crime of manslaughter. A motion for a new trial was denied and judgment rendered directing the imprisonment of the defendant for the term provided by law. Defendant appeals from the said judgment and from the order denying a new tria...
Views: 7
The plaintiff, Margaret Calihan, Russell K. Dougherty and two other persons were passengers in a taxicab operated for hire in San Diego by defendant, Yellow Cab Company of San Diego, a corporation, on the sixth day of October, 1930. On that day, while said taxicab was being driven rapidly over a depression commonly known as a "double dip", placed at a street intersection to carry off rain-water, p...
Views: 1
Plaintiff, David Shanfeld, brought suit against the defendants, Guy H. Munson and Anna Munson, husband and wife, for damages as a result of personal injuries sustained by him on February 18, 1930, in a collision between an automobile truck driven by plaintiff and an automobile driven by the defendant Anna Munson. In said collision said Anna Munson also sustained personal injuries, on account of wh...
Views: 4
In 1925 Roy S. Brundige was a builder of houses in the vicinity of Los Angeles. There were five lots in Beverly Hills he believed desirable for his business. The value of these lots was $25,000, but they could be purchased for $19,750 cash. He interviewed Ludwig *Page 642 G.B. Erb, respondent herein, for the purpose of obtaining funds with which to buy the lots. A contract was entered into on Sep...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 633 THE COURT. This action was brought to quiet the title to certain real property in Alameda County. The complaint alleged that William Sidney Wood died testate on January 30, 1908; that his will was admitted to probate in the Superior Court of the City and ...
Views: 11
This is an action to rescind a contract on the ground of fraud. In 1926, Gilbert F. Stevenson and his wife owned certain real property in Santa Monica upon which were situated a hotel and an apartment house. A corporation was formed, at their initiation, under the name of Miramar Hotel Company, Limited. The real property, subject to a mortgage of $500,000, was conveyed to the hotel company, as sai...
Views: 1
The appellant, Morris Factor, was charged by an information with the crime of robbery, duly tried before a jury, and found guilty. He appeals from the judgment entered upon the verdict and from the order denying his motion for a new trial. The facts, as disclosed by the record, are briefly as follows: On the morning of November 2, 1931, one Anderson, a wholesale jeweler's agent, was alone in his o...
Views: 11
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 604 This is the second appeal in this action of Frances C. Bowman to annul the marriage of Horace D. Bowman and Bryan Houston Bowman. In the first trial judgment was entered for Frances C. Bowman, Bryan Houston Bowman appealed and the judgment was reversed. (...
Views: 6
Plaintiff instituted this action on behalf of himself and four other beneficiaries under a certain declaration of trust for the purpose of securing declaratory relief as well as injunctive relief against the trustee in accordance with the provisions of section 1060 of the Code of Civil Procedure. From a judgment denying the relief sought and in favor of defendants, plaintiff prosecutes this appeal...
Views: 3
On March 28, 1928, plaintiff commenced an action against defendants for fraudulent conversion of a deed, executed by plaintiff's assignors. The complaint in said action prayed that defendants account to plaintiff for the value of plaintiff's interest in the real property conveyed by the deed, to wit: the sum of $2,673.64, and that plaintiff have judgment therefor and for $10,000 exemplary damages....
Views: 1
This is an action to recover on a promissory note executed by the defendants Gustav and Otto Mox and J.L. Deane for the payment of $25,000. The answers admitted due execution of the note, but pleaded want of consideration and usury. The trial took place before the court and judgment was given in favor of plaintiff for the full amount of the note and interest; and from such judgment the defendant G...
Views: 4
Plaintiff Allan Malloway, aged four years and ten months, while attempting to cross a street in Monterey, about 10 o'clock on the morning of the 4th of July, 1930, was struck and injured by an automobile owned by the defendants James Hughes and Mabel R. Hughes, and driven by their daughter, the defendant Betty Hughes, aged sixteen years, and through his guardian ad litem brought this action to rec...
Views: 8
In 1915 Walter Rueger purchased certain lots of Muir Woods Park Subdivision Six in Marin County. These were part of what is known as the "Lapachet" property. In 1921 Joseph Mischke acquired other lots thereof, and later Alfred Schudel, Ernest Schudel and Gustav E. Kirchner became the owners of yet others of these lots. All of said Lapachet lots are adjacent to lot 53, designated as the "O'Hair" pr...
Views: 7
On December 2, 1928, C. Musante was riding in an automobile driven by Ottario Guerrini in a westerly direction on a public highway in Alameda County. Mrs. D.O. Ryan, at the same time, was driving an automobile in the opposite direction on the same highway. As the two machines approached each other, that driven by Mrs. Ryan swerved to the northerly side of the road and collided with that operated b...
Views: 1
The petitioners, together with an insurance company and others, were made defendants in an action upon a policy issued by said company wherein certain contractors sought to recover for services and materials furnished in reconstruction of buildings upon which the petitioners held a mortgage. The insurer at the time of the trial was granted leave to deposit in court the amount in controversy, with ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 547 In this action the plaintiff recovered judgment in the sum of $20,000, found to be due as rent under a written lease executed and delivered by plaintiff to defendant, of described real property in the city of Vernon, in Los Angeles County, together with s...
Views: 0
Plaintiff, Mary A. Gansert Ladd, brought this action for the purpose of having applied on a deficiency judgment held by her, a certain trust deed note, hereinafter referred to as "The Cole Trust Deed Note" and the trust deed securing the same, which trust deed and note plaintiff claimed had been theretofore fraudulently *Page 537 conveyed by the judgment debtors, John T. Mathis and Theodosia Math...
Views: 0
This action was brought for the specific performance of a contract to convey real property. The court found that the defendant George M. Petty, the vendor named in said contract, could not specifically perform *Page 529 and in lieu thereof awarded the plaintiffs damages in the sum of $7,500, and the additional sum of $500, paid to said defendant in pursuance of the terms of the contract. The acti...
Views: 3
This is a proceeding to review an award made by the Industrial Accident Commission in favor of the petitioner, H. Berzin, but which he contends furnishes insufficient compensation for the injury suffered. From February, 1927, to July 16, 1930, Berzin was employed by the Pacific Electric Manufacturing Corporation as a grinder, whose work consisted of grinding brass, copper, iron and steel castings ...
Views: 3
This is a proceeding in prohibition instituted to restrain the court having jurisdiction of the estate of Leon Morrison, deceased, from entertaining any proceedings upon a petition filed on January 7, 1927, to revoke an order made August 14, 1923, admitting to probate an instrument purporting to be the last will of the decedent. The applicant for the writ contends that the petition for revocation ...
Views: 8
In this proceeding there are consolidated appeals from orders dismissing two petitions to revoke probate of the will of Leon Morrison, deceased, one filed by persons describing themselves as sisters of the deceased, the other by persons declaring themselves to be nieces. The orders of dismissal were based on section 583 of the Code of Civil Procedure, under which, in the absence of a written stipu...
Views: 6
By the first count of their complaint plaintiffs seek to rescind a contract of purchase of real property, for failure of consideration, and to recover from defendants the sum of $14,000, the purchase price; and by the second count they seek damages in the sum of $14,000, for breach of contract, if the rescission demanded in the first count cannot be had. The case was tried before the court and a j...
Views: 1
This action is one of three brought to rescind the sale of corporate stock purchased by plaintiffs from the Reliable Carpet Works, Inc., a Delaware Corporation, and to recover the purchase price paid therefor upon the ground that the sales were brought about by fraudulent representations made by the representatives of said corporation; and that the permit issued by the corporation commissioner to ...
Views: 7
In this action plaintiff recovered judgment for two thousand six hundred dollars ($2,600) against defendants William J. Edmunds and Fresno Republican Publishing Company, a corporation, for injuries received by him in an automobile collision, upon the finding of the trial court that he was a guest of said defendants at the time of the accident. Defendant M. A. Bucher, owner of the truck with which...
Views: 2
Defendants appeal from a judgment of conviction of the crime of arson and the crime of burning insured property. The only point raised by them on their appeal is that the evidence adduced on the trial of the action was insufficient to sustain the judgment. A consideration of the record herein discloses the following incriminatory circumstances, to wit: The defendants sustain the relation one towar...
Views: 8
This was an action to recover damages for an alleged false imprisonment, brought against two inspectors of the department of health of the city and county of San Francisco, one of whom was chief inspector. Demurrers to the original and the first amended complaint were sustained with leave to amend; and the second amended complaint being defective also, the demurrer thereto was sustained without le...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 467 In an information filed by the district attorney of San Bernardino County appellant was accused of the crimes of (1) forging the will of Charles Wellington Scott, deceased; (2) causing the forged will to be filed of record in the office of the county cler...
Views: 8
The complaint in this action sets up a promissory note executed by defendants to plaintiff alleges nonpayment of the same and prays for judgment thereon. Defendants' answer admitted liability on the note. Defendants filed a cross-complaint upon a quantummeruit for services rendered to the plaintiff and the Yosemite Portland Cement Company. The Yosemite Portland Cement Company was made a party to t...
Views: 4
The defendants were accused in an information containing two counts, filed by the district attorney of Los Angeles County, with the crimes of burglary and robbery. The defendant Digiovanni was also accused of the prior conviction of a felony, which he admitted. The jury found all the defendants guilty, but Digiovanni alone prosecutes this appeal from the judgment and from the order denying his mot...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 449 Plaintiff, a seaman employed by the defendant, brought this action under section 33 of the Merchant Marine Act (U.S. Code, tit. 46, sec. 688), to recover damages for personal injuries suffered in the course of his employment. The jury returned a verdict i...
Views: 1
The action is one to recover proceeds of life insurance policies in the sum of $5,000. The second amended complaint sets forth two causes of action. In the first it is alleged that the plaintiff was the father of Marion Thomas Lo Presti, who died on May 22, 1930, leaving a widow, the defendant Margaret M. Lo Presti; that the defendant, Catherine C. Manning, is the mother of said Margaret M. Lo Pre...
Views: 7
This is a motion by respondent to strike the reporter's transcript from the record on appeal and for an order affirming judgment of the trial court. The motion is based upon the ground that the reporter's transcript has not been and cannot be properly authenticated under section 953a of the Code of Civil Procedure for the reason that the official reporter was not present during a *Page 441 portio...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 431 This action was instituted by plaintiff for the purpose of securing a decree canceling a certain deed executed by her husband, George B. Brown to his son, A.F. Brown. It is alleged in the complaint that plaintiff and her husband, who was joined as a defen...
Views: 1
Appeal by plaintiff from an order and judgment of dismissal, granted upon motion of certain defendants, now respondents herein, made upon the ground that there had been an unreasonable delay in bringing the action to trial. Plaintiff is the assignee of eighty (80) claimants against eighty-six (86) defendants, and the action is to enforce certain claims against the defendants upon their liability a...
Views: 7
This is a motion to dismiss the appeal because the appellant's opening brief was not filed in time. The record shows that appellant was given to and including July 20, 1932, in which to file his brief; that on the morning of July 21st counsel for appellant applied to this court for a further extension of six days, which was not granted because the notice of motion to dismiss had been filed earlier...
Views: 4
This is an appeal by defendant from an order of the trial court granting plaintiffs a new trial "upon the issue of damages alone upon the ground of irregularity in the proceedings of defendant Di Resta by which plaintiffs were prevented from having a fair trial, and also upon the ground of insufficiency of the evidence to justify the verdict in respect of its amount". The action was brought to rec...
Views: 13
This was an action to cancel a certain deed from plaintiff to defendant Leslie Miller for a certain tract of land containing ten acres in Yucaipa Valley and also to cancel a deed conveying the same land from said Leslie Miller to defendants George W. Miller and Elizabeth Miller, or in the event that title to said land cannot be *Page 404 decreed to plaintiff, that it recover from defendants the s...
Views: 2
We have before us two appeals of the defendant S.D. LeClair, which have, by stipulation of the parties, been consolidated and presented in a single record. Each of the plaintiffs sued defendant for damages for personal injuries suffered as a result of the falling of a construction elevator cage used in the hoisting of building materials and equipment going into the construction of a concrete struc...
Views: 3
By an information defendant was accused of the crime of forgery. Later, by an amended information, defendant was charged with the commission of the identical offense of which he was originally charged, and in addition *Page 388 thereto, in substance the information contained the allegation that theretofore, in Yuba County, within this state, said defendant had been convicted of the crime of burgl...
Views: 13
Appeal from a judgment awarding damages to plaintiff for the death of her husband caused by the alleged negligence of defendants. The decedent was walking from north to south in a safety zone across Hollywood Boulevard at the intersection of Wilcox Avenue in the city of Los Angeles, when he was struck by a taxicab owned by defendant Vincent and coming from the east, while operated by defendant ...
Views: 6
Petitioner was arrested upon a charge of violating a county ordinance passed by the supervisors of the county of Marin and known as Ordinance No. 206. He seeks his release upon habeascorpus. The ordinance was passed on March 15, 1932, and took effect thirty days thereafter. In its entirety it reads as follows: "Ordinance No. 206. "An ordinance defining the terms `Substitute ...
Views: 1
Petitioners and two others, as stockholders of the Sunset Pacific Oil Company, brought suit in respondent court for the purpose of procuring an accounting and to recover a money judgment from the defendants, excepting the corporation named, which was one of them. The suit was thus commenced because of the refusal of the corporation to begin such an action and was commenced for its benefit. Later,...
Views: 1
THE COURT. This is a proceeding in habeas corpus to test the validity of an order of the Railroad Commission made February 23, 1932, adjudging petitioner guilty of contempt and committing him to the county jail of Fresno County. Said order grew out of proceedings before said commission in connection with the operation by petitioner of an automobile truck line as a common carrier of property, for c...
Views: 1
Defendants appeal from a judgment rendered by the superior court in favor of plaintiff in an action to recover a commission alleged to have been earned by plaintiff in performing services for defendants in effecting a sale of certain real property. [1] It is first contended by appellants that the evidence was insufficient "to show that plaintiff procured purchasers ready, able and willing to purch...
Views: 1
This is an appeal from a judgment for the defendant in an action wherein plaintiff sought to obtain possession of an unrecorded deed of gift executed by his father, Julius Henry Belser, and found after the latter's death in a safe deposit box. The sole question involved is whether said deed was delivered by decedent to appellant. Stripped of unnecessary minutiae, the facts are: During the month of...
Views: 3
Appellant and J.L. Spencer were jointly charged with the crime of grand theft by an information filed by the district attorney of San Diego County. Both defendants were found guilty by the jury. This appeal is *Page 339 taken by L. Bratton from the judgment and from an order denying his motion for new trial. Appellant urges four grounds upon which he maintains the judgment and order appealed from...
Views: 11
By stipulation of the respective parties the two above-entitled actions, tried jointly, were consolidated on appeal. Both actions concern contracts of insurance. Respondents A.J. Savage and Helen M. Savage, husband and wife, were engaged in the gun manufacturing business at La Mesa in San Diego County under the fictitious name of Middlefield Arms Corporation. On or about March 16, 1928, appellant ...
Views: 1
This is an appeal from a judgment of dismissal entered pursuant to motion of defendants for lack of prosecution. The action was brought to recover damages for personal injuries sustained on September 6, 1927. Complaint was filed November 29, 1927; defendant demurred thereto, demurrer was overruled and answer was filed January 28, 1929. [1] On February 18, 1929, plaintiffs, pursuant to rule I of th...
Views: 4
THE COURT. The appellant was convicted in the Superior Court of Siskiyou County of a felony, to wit: Manslaughter. [1] The transcript on appeal was filed in this court May 19, 1932. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on July 11, 1932. No appearance was made for appellant at the time the case was called for hearing. Pursu...
Views: 0
Appellant, together with Fred L. DeLiden and Robert Kalter, was charged by information in four counts, with crimes separately stated in the several counts. As appellant was acquitted on counts III and IV, they require no consideration here. Count I charged conspiracy to commit forgery in that the several defendants conspired together to commit the crime of forgery, and that pursuant thereto defend...
Views: 5
Judgment went for the defendants in an action prosecuted by the plaintiff to recover damages for and on account of an alleged conversion of a crop of prunes. From this judgment the plaintiff appeals. On the twenty-seventh day of October, 1926, the Shasta Orchard and Farm Company, Inc., hereinafter referred to as the "Orchard Company", was the owner of a certain farm in the county of Shasta, compri...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 657 THE COURT. An appeal from an interlocutory decree of divorce. Plaintiff charged defendant with adultery committed with two persons named in his complaint, and also with extreme cruelty. Defendant denied the charges, and as a separate defense alleged condo...
Views: 13
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 648 The plaintiff brought suit to replevin farm machinery alleged to have been unlawfully, oppressively and maliciously seized and held by the defendant. The jury returned a verdict in favor of the plaintiff for $1550. A judgment was rendered accordingly. Fro...
Views: 2
The plaintiffs had judgment for the rescission of a certain contract for the purchase of real estate in the county of Los Angeles, and against the defendant Adolph C. Fera, in the sum of $10,186, and against The Frank Meline Company, Inc., in the sum of $1550, with interest at the rate of seven per cent per annum from October 12, 1927. From this judgment the defendant Adolph C. Fera appeals. The a...
Views: 1
Defendant demurred to plaintiff's amended complaint, the demurrer was sustained; plaintiff refusing to further amend, judgment was rendered for defendant, from which judgment plaintiff appeals. The amended complaint alleges that for the past twenty years appellant has been and now is the owner and in possession of lot 1, tract 6437, in the city of Los Angeles, containing about sixty acres; that fo...
Views: 1
The petitioner commenced this proceeding to obtain a writ of review for the purpose of having annulled an award of the respondent Commission. The record discloses that on the fifteenth day of July, 1928, the petitioner was employed by the Red River Lumber Company as a grader. While so employed he suffered an injury. A veneer panel fell and struck him on the right leg at a point slightly on the ins...
Views: 0
THE COURT. In the above action the trial court by its interlocutory decree granted a divorce to plaintiff on the ground of defendant's extreme cruelty. The decree awarded to plaintiff certain real property upon which the parties resided, with the contents of a dwelling-house thereon, subject, however, to the encumbrances upon the property. It further provided that defendant pay as permanent alimon...
Views: 8
On and prior to February 18, 1928, appellants were the owners of and were conducting a paint and varnish business, with their factory and principal place of business in the city of Los Angeles. On that date they sold to respondent's assignor, the California Paint Company, this business, including its goodwill. As part of the sale, appellants executed and delivered their written agreement, hereafte...
Views: 6
This is an action for damages for breach of contract. On March 21, 1927, plaintiff and defendant entered into a written agreement for a period of one year during which time plaintiff agreed to buy from defendant and defendant agreed to sell to plaintiff all the gasoline the latter might require for use or resale at his service station located east of Holtville in Imperial County at a price of six ...
Views: 2
Prior to the institution of the proceeding herein sought to be reviewed, Thomas H. Lipps et al. filed an action in the Superior Court of Los Angeles County against Lillian Earle Hall, petitioner herein, and others. Thereafter Thomas H. Lipps, desiring to take the deposition of petitioner, filed in the Superior Court of Riverside County a verified application for subpoena to take deposition, reciti...
Views: 3
This is an appeal from an order appointing a guardian of the person and estate of an alleged incompetent person under the provisions of section 1763 of the Code of Civil Procedure. [1] It is contended the evidence fails to support the findings of incompetency. *Page 599 Upon petition of a brother of Allen Towson, the Bank of America National Trust Savings Association was appointed guardian of hi...
Views: 0
The defendants appealed from a judgment in favor of the plaintiffs in a suit to replevin an automobile which was seized by an officer under a writ of execution. The court found that the plaintiffs were the owners and entitled to the possession of the car, and that the defendants wrongfully and unlawfully took and retained the possession thereof. It is claimed the findings and judgment are not supp...
Views: 1
A judgment rendered against the appellant in Illinois was assigned to the respondent, who commenced an action thereon in the Superior Court of Los Angeles County. Recovery by the plaintiff in the second suit resulted in the instant appeal. [1] It is contended that the defendant in the original action was not served with process, that he was without the jurisdiction of the court, and that a judgmen...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 586 This is a petition for a writ of certiorari to review an award of damages which was rendered on account of injuries sustained by Sakari Palomaa in the course of his employment with the petitioner. Sakari Palomaa, known as A. Palomaa, was employed by the p...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 569 The plaintiffs in this action had judgment for the recovery of two installments in the total sum of $35,000, being a part of the purchase price of certain real property situate in the city of Lodi, upon which there was then and there standing a canning fa...
Views: 0
THE COURT. An appeal by petitioner from a judgment denying its petition for a writ of mandate to compel respondents, as members of the Fish and Game Commission, to issue in the form demanded by petitioner a permit to manufacture fish products. Since the year 1924 petitioner has been manufacturing an edible fish flour from sardines. In 1921, by an amendment to an act to conserve the fish supply in ...
Views: 3
This is an appeal from an order denying a motion to set aside a summary judgment entered upon a bail bond. The bond was executed by this appellant to secure the presence of a certain defendant when wanted for trial in the Superior Court of San Diego County. The bond contained the following paragraph: "If the forfeiture of this bond be ordered by the court, judgment may be summarily made and entere...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 550 Defendant was charged by information under counts I, III, V, VII, IX, XI and XIII with the crime of grand theft, it being alleged as to the first four of these counts that the money in question was obtained from one Evalena Michael, as to the next two of ...
Views: 5
Certain property owners within an assessment district, who sued to enjoin respondents from executing a contract awarded pursuant to proceedings had under the "Improvement Act of 1911" for the extension of the municipal pier, appeal from a judgment of nonsuit. [1] Their first point is that they should have been allowed to prove that no permit for such extension had ever been obtained from the feder...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 536 This is an action in unlawful detainer. It appears from the transcript that in 1928, plaintiffs, who were the owners of the real property involved herein, leased the same to defendant Watson for a period of approximately two years commencing July 20, 1929...
Views: 1
This is an appeal from the judgment following verdict for plaintiff, in the sum of $3,750, in an action for damages for personal injuries arising out of a collision which occurred July 11, 1930, at the intersection of N and Eighth Streets, in the city of Bakersfield. The complaint is in the usual form and the answer denies negligence on the part of defendants and alleges affirmatively contributory...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 521 This is an appeal from a judgment which was rendered in favor of the plaintiff in a suit in replevin, which was brought by a surviving partner against the administratrix of the estate of the deceased partner and others, to recover the possession of partne...
Views: 7
The defendant R.M. Doyle appeals from a judgment in an action to quiet title to real property arising out of the following facts, which are not disputed: In March, 1928, George Hurley gave Doyle a mortgage on certain personal property to secure the payment of rent thereafter to accrue. In August, 1928, David Carr obtained possession of the mortgaged property and exchanged it with J.E. Gruben for t...
Views: 0
The plaintiff began this action to recover of and from the Glenn County Title Company the sum of $1,000 theretofore deposited with said Title Company by James H. Mitchell pursuant to a certain agreement or contract for the sale of real estate, and also for a judgment to the effect that the defendants Aimo have no title or claim to said $1,000. *Page 509 The record shows that on or about the seven...
Views: 0
The plaintiff had judgment against the defendant upon two checks executed and delivered to the plaintiff by James H. Mitchell, now deceased. From this judgment the defendant appeals. The record shows that on or about the twenty-seventh day of January, 1930, James H. Mitchell, signing his name as "J.H. Mitchell", made, executed and delivered to the plaintiff two checks in the words and figures foll...
Views: 3
This is an appeal by the people of the state of California from an order granting a petition for a writ of habeas corpus and the discharge of the petitioner. The petitioner makes a preliminary objection in the form of a motion to dismiss the appeal. [1] The application for a writ of habeas corpus was presented to the superior court of this state in and for the county of Marin. The petitioner was r...
Views: 7
THE COURT. The above actions arose from an automobile accident which occurred on November 14, 1930, on the state highway near Belmont, California. Plaintiff Ocie R. Anderson, who is the wife of J.B. Anderson, was driving an automobile south along the highway, and plaintiff Robert L. Brown was a guest therein. The Anderson automobile was preceded by an automobile operated by defendant August Pausba...
Views: 1
In an action for an alleged unpaid balance of compensation for services rendered by the plaintiff to the defendant, judgment was rendered in favor of the latter. The only question presented by the appellant is as to whether or not the findings and judgment are supported by the evidence. It appeared that the parties had a verbal understanding that the appellant should act as sales manager for th...
Views: 0
Petitioners seek a peremptory writ of mandate to compel the respondent court and the respondent receiver appointed by said court to forthwith pay over to petitioners the balance of the sums collected by said receiver as rents from certain real property. The controversy arises out of the conflicting claims of the parties to the real property involved. Respondent Western Loan Building Company was t...
Views: 8
The defendant, Orin A. Pearce, appeals from a judgment rendered against him in an action for the specific performance of an agreement relating to the purchase and sale of two groups of lots. The grounds urged for reversal are that the amended complaint and the evidence are insufficient to support a judgment for specific performance and that the form of judgment rendered is erroneous. The plaintiff...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 471 This proceeding in certiorari has been inaugurated to review certain orders of the Superior Court of Riverside County adjudging the petitioner guilty of contempt and imposing upon him, as a penalty therefor, a fine of $300, in default of payment of which ...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 464 This is an appeal by plaintiffs, husband and wife, from an order of the trial court granting a nonsuit at the close of plaintiffs' evidence. The action was one for damages for alleged tortious treatment of the appellant wife in connection with her deliver...
Views: 14
There are two actions involved in this litigation. Judgment was entered in each in favor of the defendant and appeals were perfected from both judgments. Upon stipulation of counsel and an order of this court the appeals have been consolidated for hearing and determination. It appears that in the year 1918, defendant was the owner of 3,000 shares of stock in the Benson Timber Company, an Oregon co...
Views: 8
This is an action to recover damages for injuries sustained by the plaintiff Elsie Snyder Sherwood, in a collision between an automobile driven by her and another automobile driven by the defendant. The action was tried by the court without a jury, resulting in a judgment for the plaintiff. The court found that the automobile belonging to the plaintiffs was damaged in the sum of $93.90; and that t...
Views: 2
The plaintiff brought this suit to quiet title to one per cent of the oil produced from lots 63 to 72, inclusive, and lots 87 to 96, inclusive, of North Long Beach tract in Los Angeles County. From a judgment which was rendered in favor of the defendants this appeal was perfected. As a foundation for his title to an undivided one per cent of the oil produced from said tracts of land, an oil lease ...
Views: 4
The Altadena National Bank appeals from a judgment entered as against it and its co-defendant Pruitt. Pruitt's default had been entered before the trial was had below. The complaint herein alleges, in three counts, a cause of action arising from or under the terms of a certain order made by defendant Pruitt in favor of plaintiff and directed to and accepted by defendant Altadena National Bank. The...
Views: 1
This is an action to recover on an indemnity contract. In its amended complaint the plaintiff pleaded two counts. In the first count it pleaded a mutual mistake; in the second count it pleaded the mistake of the plaintiff and that such mistake was known or suspected by the defendants and it prayed to have the instrument reformed and for judgment on the instrument as so reformed. The trial court ma...
Views: 1
This is an appeal from the judgment of the trial court granting to the petitioner a writ of mandate. The petitioner is and for some years has been a boilermaker employed in the fire department of San Francisco. On the 15th of January, 1932, he applied for his pay, $96.19, and believing that the demand was higher than authorized by law the defendant, as controller, refused to audit the demand. Ther...
Views: 0
Appellant, while walking from the southeast to the northeast corner of Sixth Street and Towne Avenue, in the city of Los Angeles, was struck by an autotruck owned by the corporate respondent, and operated by the other respondents as its employees. For the resultant injuries, due to respondents' alleged negligence, he seeks in this action to recover damages. The court, at the close of appellant's c...
Views: 1
On or about January 30, 1932, James N. Crofton received a letter reading as follows: "It is your time to make a donation to us. You can take the easy way if you are smart. The hard way may not be good for you. You do as we tell you and no one will get hurt. Otherwise you can blame yourself for what *Page 414 happens. You have been on the list quite a while but don't know it. You've been lucky. Ge...
Views: 15
The plaintiff began this action to recover the sum of $1,000, and also to obtain a decree of the trial court rescinding and setting aside a certain indenture of lease entered into between the plaintiff and the defendant Susan B. McGrew. Other parties were named as defendants, but this appeal involves only the defendant Susan B. McGrew. The complaint sets forth two causes of action. The first is a ...
Views: 7
Appellant and one Edmund Buisseret were found guilty of second degree burglary. The sole point on this appeal is that the evidence is insufficient in law to sustain the conviction of appellant. It is conceded by appellant that on July 8, 1931, between 12:30 and 3:30 P.M., the residence of one Mrs. C.V. Holmburg was burglariously entered and that among other things an Illinois watch was stolen, bei...
Views: 17
The plaintiff and appellant Blanche Klarquist, individually and as guardian ad litem of certain minors instituted an action for damages alleged to have arisen from the wrongful death of one Edward N. Klarquist upon a public thoroughfare. The defendant and appellant, hereinafter designated as the contractor, was joined with the defendant and respondent, admittedly the owner of certain abutting real...
Views: 5
By a contract dated June 23, 1924, the plaintiff, and defendant Zimmerman doing business as the Zimmerman Construction Company, entered into an agreement for the erection of a one-story and basement warehouse, etc. In respect to this contract the appellant company executed a "faithful performance" undertaking, in a sum equal to twenty-five per cent of the contract price. The liability covered by t...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 387 This is an appeal from a judgment for damages for injuries sustained in an automobile collision, based upon the verdict of a jury. The respondent was a passenger for hire in a taxicab owned and operated by the appellants. The collision occurred on First S...
Views: 6
Harvey was an employee of a tiling concern and suffered disability arising out of and in the course of his employment. In working about the tile which his employer manufactured his lungs became affected by the dust which constantly arose from the product while he was working over it. The symptoms of his disability began strikingly to exhibit themselves about three years before he finally made clai...
Views: 14
Petition for writ of mandate. As far as are deemed material to a decision of the principal point of law involved in this proceeding, the pertinent facts are that, following the rendition of a judgment for the sum of $2,500 in favor of the plaintiff in the case of Laykin v. Karsh (the latter of whom being the petitioner herein), the entry of such judgment and the service of notice thereof on the de...
Views: 2
In this action to quiet title to real property the judgment decreed title and right of possession in plaintiff, but that defendants "first have and recover of and from plaintiff the sum of twenty-five hundred twenty-eight dollars". Plaintiff appeals from the portion of the judgment quoted, and presents his appeal on the judgment-roll alone, contending as grounds for reversal that the findings are ...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 362 On the fourteenth day of March, 1932, an information was filed in the Superior Court of Placer County containing three counts, charging the defendant with three different acts constituting the crime of rape perpetrated upon the person of a girl of the age...
Views: 16
This is an appeal from a peremptory writ of mandate which was issued to compel the appellants as trustees of a union high school district, to reinstate a probationary teacher, whom they attempted to discharge. The appellants are the duly elected and qualified trustees of Jackson Joint Union High School District in Amador County. The respondent was employed by said board of trustees and served as a...
Views: 16
An action "for fraud – money demand" was brought by plaintiff in the lower court against each of the defendants therein named, to wit: Harry Woods, Grace Woods, Bingham T. Wilson and Wilson Farm Tool Corporation, a corporation. The last two named defendants answered the complaint. The demurrer to the complaint of *Page 347 defendants Harry Woods and Grace Woods was by the court sustained. Thereup...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 338 Plaintiff recovered judgment before the trial court and defendant appeals from the judgment, and also from the order denying its motion for a new trial. The cause of action, as stated in plaintiff's complaint, is one based upon the provisions of section 2...
Views: 11
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 323 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 324 THE COURT. An appeal by plaintiffs, who are husband and wife, from a judgment entered upon a verdict in favor ...
Views: 11
This is an appeal from a judgment for the sum of $10,000 in favor of the plaintiff for personal injuries suffered by his ward and against the appealing defendant. The grounds of the appeal may be stated as follows: (1) The doctrine of res ipsa loquitur was improperly applied, first, because the proof established negligence on the part of the co-defendant and second, because the complaint alleges s...
Views: 0
On March 15, 1926, the defendants Fisher executed to the defendants Gire their certain promissory note in the sum of $2,500, payable in installments of $60 per month, which note was secured by a trust deed. On June 17, 1926, the defendants Gire transferred the note to Simon E. Hammer and Edna A. Hammer, with the following indorsement: "For value received, we do hereby transfer and assign to Simon ...
Views: 0
THE COURT. Defendant declined to amend his answer and cross-complaint, after demurrers thereto had been sustained with leave to amend, and thereupon judgment was entered in favor of plaintiff as prayed for in the complaint. Subsequently defendant moved to vacate the judgment upon the ground that by reason of certain denials in the answer the cause was at issue when the judgment was entered. The mo...
Views: 13
The plaintiffs procured separate judgments in consolidated actions for damages against the defendants, Gosselin, Andrew Poscic and Frank Poscic, as joint tort-feasors, for personal injuries sustained in an automobile casualty. These judgments were rendered pursuant to verdicts which were found by a jury. The causes were dismissed as to other defendants. A new trial was granted to the defendants An...
Views: 7
Charles Victor Hall, being the owner of a tract of real property in San Diego County, conveyed it to the Southern Trust Commerce Bank early in September, 1926, receiving back a declaration of trust providing that the bank should have power to subdivide and sell the property, to execute contracts of sales and conveyances, to receive all payments and to take steps for foreclosures and the like, tha...
Views: 0
This is an action for specific performance of certain contracts for the sale of lots, which plaintiff alleges were sold to him by defendant, California Trust Company, and the full purchase price paid. These *Page 280 lots were a part of Tract No. 9555 situated in Los Angeles County and were owned by defendant Chase. On October 5, 1926, Chase, by a certain trust agreement, conveyed said tract to t...
Views: 0
This is an appeal from an order of the superior court denying the application of Jakob *Page 273 Hullen to become a citizen of the United States. This order was made on the ground that the petitioner was not attached to the principles of the Constitution. A motion to dismiss the appeal was made on the grounds that, (1) the law does not authorize an appeal from an order granting or denying a petit...
Views: 4
This is an appeal upon the judgment-roll alone by defendant and cross-complainant Helen G. Sutton from a judgment entered in an action for declaratory relief under section 1060 of the Code of Civil Procedure. It appears from the findings that defendants R.E. Struve and Autumn Struve, husband and wife, being the owners of certain real property in the town of Carlsbad, San Diego County, entered into...
Views: 14
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 254 As a result of a collision of automobiles the plaintiff was injured and he commenced this action to recover damages. The jury returned a verdict in favor of the plaintiff and from the judgment entered thereon the defendant L.H. Fitzsimmons has appealed an...
Views: 3
This is an appeal by plaintiff from a judgment denying him injunctive relief by enjoining the defendants Carey Smith and Lillie B. Smith, his wife, who are persons of negro blood, from occupying a certain lot of land of which they are the owners, and which they acquired from the defendants Poulos. The action is based upon ten separate instruments, all of which are in identical language and read as...
Views: 10
Appellant's opening brief wholly fails to comply with that portion of rule VIII of the Supreme Court and District Courts of Appeal, which requires that "the briefs must present each point separately, under an appropriate heading, showing the nature of the question to be presented". This court has repeatedly called attention to the provisions of this rule and the penalties involved for its violatio...
Views: 1
The defendant was convicted of the crime of grand theft. He appeals from the judgment and from an order denying his motion for a new trial. [1] The first point suggested in support of the appeal is that by reason of lapse of time (more than twenty-five days), between the date of the verdict and the time of pronouncement of judgment, the court erred in pronouncing judgment over the objection of the...
Views: 2
Frank Janota, a resident of the county of Los Angeles, died leaving an estate consisting of real property in said county. Thereafter Frank Bryson, public administrator, was appointed administrator with the will annexed, and on December 18, 1930, letters were issued and he duly qualified as such administrator. On June 2, 1931, Sarah Goldberg filed, as a document entitled “In the Matter of the Esta...
Views: 3
Judgment for damages based on verdict by a jury was entered in favor of the plaintiffs in the above-entitled cause, and the court granted a new trial. Plaintiffs appealed, and defendants now move to affirm the order granting the new trial or to dismiss the appeal upon the ground that there is no record upon which the appeal may be legally heard and determined. A typewritten transcript purporting t...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 223 The defendant was convicted of the crime of arson and was sentenced to imprisonment in the state prison. From the judgment of conviction and from the orders denying his motion for a new trial, and the motion in arrest of judgment, he has prosecuted this a...
Views: 8
The information in this matter charged the defendant with the crime of murder, alleging that on the twenty-third day of November, 1931, the defendant killed one Betty Stryker. The defendant, at the time of the arraignment, pleaded guilty. At the time for pronouncement of judgment certain evidence consisting almost wholly of a statement by the defendant was introduced to determine the degree of the...
Views: 7
The information in this case charged the defendant with burglary, alleging that he wilfully *Page 213 and unlawfully entered a shop known as Cornwell's Tire Service, on the Corona-Elsinore Road in Riverside County, with intent then and there and therein to commit the crime of larceny. Two other counts set forth in the information were dismissed prior to trial and are not involved in this appeal. ...
Views: 9
The action is to determine conflicting claims to certain real property located in the county of Los Angeles, California. The plaintiff is the widow of Andrew Carlson and the defendant is the executor of the last will and testament of the said Andrew Carlson, deceased prior to the time of the commencement of the action. In the main, the facts are stipulated and may be here detailed. On the seventh ...
Views: 3
This is an action to establish a trust in real property. Judgment went for defendants, and this appeal is taken therefrom. Some forty years ago F.R. Diaz purchased several acres of land near Hayward, Alameda County. He planted some fruit-trees thereon, erected a dwelling, and continued to live there until his death on December 11, 1919. He had two children, Marianna Martin, plaintiff herein, and J...
Views: 7
One of the provisions of rule VIII of the rules of this court reads: “The briefs must present each point separately, under an appropriate heading, showing the nature of the question to be presented.” We interpret the latter clause of this portion of the rule to refer to legal questions, for our courts of review deal only, on appeal, with questions of that nature. There is not one heading in the...
Views: 1
This is an appeal by the defendant from a judgment rendered in favor of the plaintiffs. The testimony adduced by the respondents establishes the following situation. One Mahan owned a parcel of real property which he had listed for sale with a broker named Boss. Lawson, who will be mentioned, was sales manager for Boss. The respondents and appellant were associated together in the real estate b...
Views: 0
As the surviving widow and minor children of the decedent John Balero, the plaintiffs commenced an action to recover damages for his death. The defendant answered and the action was tried before the trial court sitting with a jury. The jury returned a verdict in favor of the plaintiffs and from the judgment entered thereon the defendant has appealed. After the action had been tried the entire rec...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 181 This action was instituted by plaintiff to recover the balance alleged to be due from defendant on account of the sale by plaintiff's assignor to defendant of a musical instrument known as an orchestrope. Defendant *Page 182 was the proprietor of a resta...
Views: 5
Plaintiffs recovered judgment against defendants for the sum of $850, with interest and costs. Defendants appeal. The nature of the controversy may be outlined through a synopsis of the pleadings. The complaint was in three counts. By the first count plaintiffs alleged a written contract for the sale of certain real estate, by the terms of which contract defendants agreed to sell to plaintiffs ...
Views: 1
This is an appeal by defendant from a judgment rendered in plaintiffs' favor in a personal injury case. The claimed negligence of defendant from and through which the injuries were incurred is specifically alleged in the complaint of plaintiffs, a summary of which is as follows: That defendant was engaged upon a contract for the construction of a portion of the state highway in Del Norte County, w...
Views: 3
The plaintiff recovered a judgment against the defendants for architectural services rendered to them. R.W. Purpus, one of the defendants, prosecutes this appeal therefrom. The plaintiff pleaded a written contract consisting of a letter written by him to the defendants and an acceptance thereof by them. He also in a second count alleged an action in assumpsit. The complaint set forth that responde...
Views: 0
Plaintiff sued for the breach of an oral contract. The cause was tried without a jury and plaintiff *Page 161 had judgment from which the defendant Coddington Company has appealed on typewritten transcripts. The complaint alleged that, on February 5, 1929, plaintiff and defendants made an agreement whereby plaintiff was appointed exclusive sales agent for the sale of "Ecod Fabric" in certain terr...
Views: 5
Prior to the filing of the complaint involved in this appeal, the United States of Mexico had filed an action in claim and delivery in the Superior Court of San Diego County against Peter Rask seeking recovery *Page 155 of a patrol boat known as the "Tecate." In that action Rask answered setting up a lien for repairs on the boat. Upon filing the complaint the United States of Mexico filed with th...
Views: 1
This action was brought by the heirs of William J. Bennett to recover for his death, alleged to have been caused by the unsafe, dangerous and defective condition of a bridge and the approaches thereto. The answer, in addition to a denial of the dangerous and defective condition of the bridge and road, alleged as a separate defense that the accident occurred solely by reason of the negligent manner...
Views: 12
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 133 This action was tried before a jury and the verdict rendered therein is in the following words and figures, to wit (omitting title): "We, the jury in the above entitled cause, find for the plaintiff Vida D. Booth, and against the defendant G.H. Bertram, t...
Views: 1
The petitioners, defendants in a civil action in the Superior Court of Los Angeles County, prayed in this court a writ of prohibition restraining the said court from proceeding with the trial, upon the ground that it had not jurisdiction of the subject matter for the reason that issue had not been joined. When the case was called for trial objection to the introduction of evidence, upon the gro...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 111 George Burnham and Herbert E. Anthony were coexecutors under the will of Willard Whitney, who died about January 1, 1923, leaving a large estate. In due course, the estate was distributed in accordance with the terms of the will to Burnham and Anthony, as...
Views: 2
This action was instituted for the purpose of recovering damages for the death of James *Page 107 W. Purtell alleged to have been caused by the negligence of the defendant in the operation of an interurban train running between Los Angeles and Redondo. The trial court granted a motion for a nonsuit on the ground apparently that the testimony established contributory negligence on the part of the ...
Views: 0
Pursuant to the verdict of a jury, judgment was entered against defendant in the sum of $5,000 and costs. Defendant appeals from the judgment. Appellant relies upon three points to sustain his appeal. These points are: First, that the demurrer to the complaint should *Page 102 have been sustained because the libels did not contain a name by which their readers knew the plaintiff and that, therefo...
Views: 1
The plaintiff in this action and her assignor, Mrs. Riley, who is plaintiff's sister, were each induced to purchase shares of the capital stock of Transcontinental Petroleum Corporation by certain representations of defendant Lowery, which representations the trial court found were false and fraudulent. Pursuant to her agreement with Lowery, plaintiff delivered to Lowery sixty-seven shares of the ...
Views: 2
This is an original motion which was made in this court to recall the remittitur and assess the costs to the appellant, on the theory that the action is in the nature of an inverse condemnation suit, and that the owners of the property which is involved therein, are entitled to costs under the provisions of article I, section 14, of the Constitution of California, independently of the outcome of t...
Views: 16
The plaintiff, in an action to quiet its title to certain property, appeals from an adverse judgment, *Page 88 assigning as error the exclusion from evidence of three documents and certain testimony offered by it. The parties stipulated that the property was conveyed by deed on December 21, 1914, to John L. Roberts, the common source of title, and that on August 27, 1917, the latter by deed trans...
Views: 0
THE COURT. This is a proceeding in certiorari to review the award of the Industrial Accident Commission which was rendered against the petitioner, as the employer, on account of the death of George B. Henry, which occurred in the course of his employment in the operation of a mine. The Ocean Accident Guarantee Corporation, Ltd., was exempted from liability by the Commission, as the insurer of the...
Views: 2
This action, with four companion cases, arose as a result of a rather unique series of frauds practiced by an automobile agent. During the first half of 1927 and for some years prior thereto, Frank H. Davis, operating as Frank H. Davis, Inc., was the agent at Fresno for Packard automobiles. In April, 1925, the respondent Hutchison had purchased from Davis for cash a new Packard automobile, which h...
Views: 7
Plaintiffs filed suit to quiet title to a strip of land, alleging that they were the owners in fee, subject to an easement for road purposes only by defendant. Defendant answered, denying plaintiffs' ownership and alleged that defendant was the owner in fee of the property and that plaintiffs had no right, title or interest or estate in the land except that acquired by user; namely, a right of way...
Views: 6
On October 29, 1931, the district attorney of Butte County filed an information in the Superior Court of Butte County, charging the defendants Mukand Singh, Amer Singh and Indar Singh (sometimes known as Needham Singh) with the crime of assault with a deadly weapon with intent to commit murder, alleged to have been committed on the eighth day of October, 1931, near the town of Richvale, Butte Coun...
Views: 9
A petition was filed in the Superior Court of Mendocino County, sitting as a juvenile court, charging Donald Hulbert, a minor of the age of eighteen years, with having committed an assault upon Inez Pinoli, thereby causing her serious injury, and that by reason thereof, he was a person coming within the provisions of the Juvenile Court Law. Upon the hearing of said matter the said Donald Hulber...
Views: 5
This action was brought to redeem certain real estate which plaintiff alleges in his complaint was mortgaged property. Defendant demurred to the complaint on the ground that it failed to state a cause of action. The demurrer was sustained without leave to amend and judgment was thereupon rendered for defendant. From this judgment plaintiff has appealed. The complaint is in two counts. In substance...
Views: 3
This is an appeal from the judgment following verdict for defendants in an action for damages growing out of a collision between two vehicles on a public highway in San Mateo County. The evidence as to negligence and contributory negligence is conflicting, but both issues went to the jury under proper instructions defining same. [1] Appellant claims that the court erred in making certain remarks i...
Views: 2
By an information filed in the superior court defendant and appellant was charged with the crime of assault with a deadly weapon, with intent to commit murder, to which he entered a plea of "not guilty". A trial was had before a jury and the jury returned a verdict of guilty as charged in the information. This appeal is taken from the judgment of conviction and from the order *Page 348 of the tri...
Views: 3
This is an appeal by the People from an order of the Superior Court of Riverside County granting defendant's motion to set aside and quash an information which charged defendant and respondent with the crime of escape from jail. The record on appeal shows the following facts: On Saturday, August 29, 1931, the chief of police of the city of Corona was requested by one Holbrook to arrest respondent ...
Views: 10
The Callahan Construction Company was at all times material to this action a corporation engaged in the business of highway construction. About July 1, 1928, it obtained a contract from the state of California whereby it agreed to construct about eleven miles of the state highway in Placer and Nevada Counties. It posted a contractor's bond pursuant to the provisions of the 1925 Statutes of Califor...
Views: 0
In two actions involving the title and the possession of an automobile the trial court rendered judgments in favor of the plaintiff and the defendants, Porter and Caldwell, have appealed, bringing up typewritten transcripts. Heretofore John F. Mitchell was residing in Oakland and was the owner of the automobile the subject of the suit. At the time he purchased it the motor vehicle department issue...
Views: 1
This action is to determine adverse claims in and to certain shares of stock of the Market Street Railway Company, and for such ancillary relief as may be meet after adjusting the ownership. The case was tried upon an agreed statement of facts. Judgment went for plaintiff, and defendant Keeling presents this appeal. A summary of the facts follows: Lea Bleakmore was the owner of certain shares of s...
Views: 0
On November 28, 1927, the defendant, through one Petersen, who was its agent with full authority to issue insurance policies, issued to one Martha Arslanian a policy of fire insurance in the sum of $1,000, *318 covering a dwelling-house on real property owned by her. Martha Arslanian had acquired this real property shortly prior to that date from the plaintiff herein through an exchange which h...
Views: 1
This is a proceeding instituted by plaintiff, special administrator of the estate of Hattie T. *Page 309 Lewis, deceased, to cancel, rescind, set aside and annul certain deeds conveying real estate from Hattie T. Lewis, deceased, to William Arthur Lewis, her son. The court found in favor of defendants and plaintiff appealed. It is appellant's contention that the grantor was incompetent to execute...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 301 The defendant was tried upon four counts of issuing checks without sufficient funds and two counts of forgery. The jury's verdict was guilty upon all six counts. This appeal is from the judgment on the verdicts and from the order of the court denying defe...
Views: 9
Plaintiff, as assignee of certain lien claimants, brought this action to foreclose four mechanics' liens. The trial court entered its judgment decreeing foreclosure of the liens and further decreeing that said liens were "prior to the deed of trust of defendant West American Finance Company". The defendant West American Finance Company, the beneficiary, and defendants C.A. Gibson and R.T. Harper, ...
Views: 1
THE COURT. In July, 1928, the plaintiff had a commercial checking account with defendant bank at Monterey, California. Plaintiff had in its employ a bookkeeper named Harris, and another employee named James P. Dunnigan. It was plaintiff's custom to deliver to Harris checks in blank signed by its superintendent for the purpose of enabling Harris to pay plaintiff's current bills. On July 30, 1928, H...
Views: 6
THE COURT. The appellant was convicted in the Superior Court of Sacramento County of a felony, to wit: Burglary. [1] The transcript on appeal was filed in this court March 16, 1932. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on May 2, 1932. No appearance was made for appellant at the time the case was called for hearing. Pursuan...
Views: 2
THE COURT. The defendant was convicted in the Superior Court of Sacramento County of a felony, to wit: Manslaughter. [1] The transcript on appeal was filed in this court March 10, 1932. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on May 2, 1932. No appearance was made for appellant at the time the case was called for hearing. Pur...
Views: 2
This is an action for divorce. It will be necessary to recite certain facts in order to make plain the points to be considered. The plaintiff filed the first complaint in Washoe County, state of Nevada, on the eighteenth day of November, 1927, charging wilful desertion. The complaint alleged a residence of plaintiff of three months in Washoe County immediately next before the filing of the complai...
Views: 0
This is an application on the part of respondents by motion to dismiss the appeal from the judgment therein and also dismiss the appeal from the order granting a new trial, on the following grounds: The notice of appeal from the judgment was filed February 6, 1931, and the bill of exceptions therein December 6, 1931. The notice of appeal from the order granting new trial was filed April 10, 1931, ...
Views: 12
As assignee of Leon A. Kutner, the plaintiff commenced an action against the defendant for moneys had and received. The defendant answered and a trial was had before the trial court sitting without a jury. The trial court made findings in favor of the plaintiff, and from the judgment entered thereon the defendant has appealed and has brought up a typewritten record. Heretofore the plaintiff's assi...
Views: 8
This is a proceeding in mandamus. In his petition the petitioner sets forth that on the ninth day of October, 1931, he was appointed as a deputy clerk in the Justice's Court of Oakland Township in Alameda County and that thereafter he qualified and ever since has been a duly appointed, qualified and acting clerk in said court; that the salary attached to said position is fixed by section 103c of t...
Views: 2
Plaintiff had judgment for the rescission of an agreement to purchase a restaurant and for the return of the sum of $1,000 paid by plaintiff upon the purchase price. From this judgment defendants appeal. On July 2, 1928, plaintiff and her husband, Manuel Rodriguez, who was joined as a defendant in the action, entered into a written agreement to purchase the restaurant from the Bulottis for the sum...
Views: 3
This appeal is from two orders of the Superior Court of Kings County. The first of these orders is entitled "Order to Correct Minutes", made and entered on November 12, 1929, whereby the said court directed that its minutes should be corrected nunc protunc as of November 8, 1928, to show that the court ordered the court reporter to prepare a daily transcript of the evidence given in the case and t...
Views: 6
This is an appeal from an injunction restraining the defendants from flooding plaintiffs' lands or diverting the water of Fall River so as to deprive them of their riparian rights thereto for the purposes of irrigation and domestic use. Fall River is a small stream which flows southerly in Shasta County through a flat basin, emptying into Pit River at Fall River Mills. Fall River has an average su...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 235 In this action the defendant presents three appeals: 1. An appeal from an order made and entered on the second day of February, 1931, denying appellant's motion for a new trial; 2. An appeal from an order made and entered on the tenth day of February, 193...
Views: 0
THE COURT. This appeal was taken from a judgment entered when the plaintiffs declined to amend, upon the sustaining of demurrers to their second complaint. The appellants seek a $2,000 judgment against the respondents Sparber and Ward for claimed negligence in the handling of a real estate transaction, and against the respondent Globe Indemnity Company as surety on the real estate broker's bond of...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 217 This is an appeal by the defendants, Ambassador Hotel and Investment Corporation, a corporation, Frank Shannessy, and P.L. Leslie from the judgment entered on the verdict of the jury, against the said defendants and E.M. Hull, jointly, and other defendant...
Views: 9
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 206 Plaintiff instituted this action to recover damages for an alleged breach of a written contract. The case was tried before a jury, which returned a verdict in favor of the plaintiff in the sum of $6,632.38. Defendant is here on appeal from the judgment wh...
Views: 8
On August 21, 1917, one Ludwig Wass and his wife sold certain real property in Fresno County to Malcon Garabedian under a contract for $13,950, payable $3,250 in cash, $500 on November 1, 1918, and $500 on November 1st, of each succeeding year until the balance was reduced to $4,000, and thereafter $1,000 or more on November 1st of each year until the entire purchase price was paid. The interest o...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 187 This is an appeal from a judgment in favor of plaintiff upon an alleged parol contract of insurance. The trial court included among its findings of fact certain findings, the substance of which is as follows: That on May 14, 1930, Andrew Toth and defendan...
Views: 2
The defendant was charged under the provisions of section 288 of the Penal Code with the crime of lascivious conduct alleged to have been committed upon the person of a minor child who was under sixteen *Page 179 years of age. The defendant admitted the perpetration of the offense as charged in the information, but pleaded not guilty by reason of insanity. A jury was impaneled for the purpose of ...
Views: 5
This is an action to determine the ownership of certain corporate stock. The trial court found that plaintiff was not the owner thereof. From the judgment entered upon said findings, plaintiff appeals, relying upon the insufficiency of the evidence to support the findings. The original plaintiff in this action was J. B. Treadwell. He died while the ease was pending and his executrix has be...
Views: 1
This is an action for separate maintenance upon the grounds of desertion and wilful neglect. The court found in favor of plaintiff upon all issues, and this appeal is taken from the judgment entered in accordance with the findings. *Page 174 [1] The sole ground for appeal is that the evidence is insufficient to support the findings. On October 15, 1919, respondent became mentally ill and was sen...
Views: 2
Petitioner was adjudged guilty of contempt for refusing to answer the questions propounded upon the taking of her deposition and was remanded to custody until she answered said questions. She seeks her release on habeas corpus. The action in which the defendant sought to take petitioner's deposition was brought by Peder Strand and petitioner Paula Strand, his wife, as plaintiffs against the Market...
Views: 9
Petitioner Ruff is an individual doing business as College Park Dairy. Bert Kessler was employed by Ruff to drive one of his dairy trucks in the delivery of milk. Michael Moscato, a boy of fifteen years, was employed to help Kessler, his only duty being to ride on the truck and to deposit the milk at the doors and to return empty bottles to the truck. While on a regular delivery route, Kessler sto...
Views: 7
This action is for rescission of a contract and return of money paid thereon. The complaint sets forth three causes of action. The first cause of action is for failure of consideration in that defendant refused and neglected to perform its agreements contained in said contract. The second cause of action alleges fraudulent representations by reason whereof plaintiff was induced to enter into said ...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 159 This is an appeal by the defendant Pearl V. Exterstein from a judgment ordering a transfer of certain shares of the capital stock of the defendant corporation, Associated Transit Terminal Corporation, now standing in the name of said Pearl V. Exterstein, ...
Views: 2
This is an action for damages. The first four causes of action are for damages for slander and the fifth cause of action is for damages for false imprisonment. The case came on for trial before a jury December 18, 1930. After plaintiff had rested on the first four causes of action, defendant made a motion for a nonsuit as to each of the causes of action in said complaint, and the motion was grante...
Views: 7
Petitioner by writ of certiorari seeks a review of an award made by respondent Industrial Accident Commission in favor of respondent Wilford Farrow, a newsboy, and prays that the award be annulled. The injury for which compensation was awarded was sustained by respondent Farrow while engaged as a newsboy in the selling of newspapers upon the streets of the city of Los Angeles. Petitioner is the in...
Views: 5
The plaintiff Alice Hall is the mother of plaintiff Frank Hall. Each of them received personal injuries resulting from a collision which occurred between an automobile, driven by Frank Hall, and a truck driven by defendant Bill Williams, who at the time was driving said truck as the employee of defendant Leo Honek. The two actions were consolidated for trial. In accordance with the verdict of the...
Views: 0
THE COURT. Pete Novak applied to the respondent Commission to fix the amount of his compensation growing out of an injury received. A hearing was had and the Commission made an award in favor of the claimant in the sum of $131.39 against the Fireman's Fund Indemnity Company, but dismissed the application as against the employer. The indemnity company has applied to this court for a writ of review....
Views: 0
This is an appeal from an order denying a motion for change of venue. The complaint alleges that Lydia H. Barney died on January 6, 1927, leaving no issue, and that no administration has been had upon her estate; that plaintiff is the grandson of decedent and an heir at law; that defendants are granddaughters of decedent; that about a month prior to her death, decedent deeded certain real property...
Views: 3
This is an appeal by plaintiffs from a judgment entered in an action involving an easement for driveway purposes across the end of defendants' lot. The controversy arose out of the following facts which are not disputed: Defendants were the owners of two adjoining, residential lots in Los Angeles, to wit: Lots 179 and 171 in tract 5832. As shown by the maps which are made part of the record herein...
Views: 6
This is an appeal from a judgment in favor of plaintiff rescinding and setting aside, upon the ground of failure of consideration, a conveyance of real estate executed by plaintiff to defendant and a written agreement entered into by the parties, the terms of which are set forth below. The complaint contains three counts. The first count alleges the conveyance to defendant by plaintiff of three pa...
Views: 1
THE COURT. The defendant H.L. Johnson appeals from an adverse money judgment in an action involving certain corporate stock transactions which took place between the plaintiff, a copartnership engaged in the stock and bond brokerage business, and defendant, who carried a purchasing and selling account with said firm. The account was opened in May, 1928, and closed October 30, 1928. It was the busi...
Views: 5
This is an action brought to recover secret profits arising from the sale of real property. The trial court sustained a demurrer to the complaint, without leave to amend. Judgment was entered for defendant and the appeal is prosecuted from said judgment. The complaint alleges that on March 9, 1923, plaintiffs and some of the persons named as defendants associated themselves together for the purpos...
Views: 4
Lou E. Kessing died testate. In her will she made special bequests to her sister, to three named cousins, to three brothers of her deceased husband, to her "nephew" Ivan Kessing, who was in fact a nephew of her deceased husband, to six personal friends and "to the Fenner Boys and Metzel Boys of Virginia City Montana, and the Hopes of Indianala, Iowa, whatever of my estate is left is to be divided ...
Views: 2
This is a contest over the application of the defendant Jessie Chittenden to have admitted to probate the purported will of Nellie F. Gilham, deceased. The contest was filed by Kelsey M. Gilham, the son of the deceased. The defendant Jessie Chittenden answered the contest and a trial was had before the court sitting with a jury. At the end of the hearing the trial court submitted to the jury forms...
Views: 2
This is an action to recover damages alleged to have been sustained by plaintiff through the *Page 113 fraud of defendant in the exchange of real property. The trial was had before a jury, and a verdict of $55,000 returned in favor of plaintiff. The appeal is from the judgment entered upon the verdict. Plaintiff was the owner of an interest in certain real property in Seattle, Washington, which s...
Views: 0
THE COURT. An appeal from an order made pursuant to section 1465 of the Code of Civil Procedure, setting aside to Margaret Theresa Schwall, decedent's widow, certain proceeds of a war risk insurance policy as property exempt from execution under section690 of the same code. The facts are as follows: William Schwall died on December 2, 1925. By the terms of a war risk insurance policy issued to him...
Views: 1
Plaintiffs brought this action to have declared void the assessment based upon benefits received by the land under an ordinance of the City of Los Angeles, opening an alley between Flower and Figueroa Streets, and extending from Eighth Street to within 170 feet of Seventh Street, and to restrain defendants from proceeding further with the said assessment, and to recover from defendants the portion...
Views: 0
These two actions, both brought to recover damages for personal injuries, were tried together and, by stipulation, have been consolidated on this appeal. About 2 o'clock on the morning of January 1, 1930, the two plaintiffs and their wives left the Sunnyside Country Club and drove westerly along the highway toward Fresno, the car being driven by the plaintiff Shaw. After proceeding about a mile an...
Views: 1
Defendant was found guilty of the crime of burglary, and appeals from the judgment entered on the verdict and from the order of the court denying his motion for a new trial. The record discloses that the evidence introduced at the trial of defendant was largely circumstantial, and consisted, on the part of the prosecution, of the testimony of a finger-print expert and of certain alleged admissi...
Views: 0
In this action for an accounting of the rents, issues and profits of certain real property, the trial court entered its judgment as follows: "That plaintiff is entitled to an accounting from the defendant, and to recover from the defendant, with interest, all the rents, issues and profits of said property and from the sales thereof in excess of the sums disbursed by defendant for plaintiff's accou...
Views: 1
The purpose of this action, as stated by plaintiff in the opening paragraph of his complaint, was to recover "damages, actual and punitive, suffered by him at the hands jointly of defendants herein, to-wit: the sum of three hundred thousand dollars ($300,000), for a joint, unlawful, criminal, wilful, oppressive and fraudulent confederation together and conspiracy on the part of all and each of the...
Views: 1
The appeal herein is from an order of the superior court denying the motion of defendant to change the place of trial from Fresno County to Alameda County. The ground of the motion was that, at the commencement of the action, the defendant was and ever since has been a resident of Alameda County. The motion was based upon the demand and affidavit of the defendant. The action is for divorce on the ...
Views: 5
This appeal is taken from a judgment entered upon an order sustaining a demurrer without leave to amend to appellants' second amended and supplemental complaint. The complaint seeks specific performance of an agreement alleged to have been entered into on March 17, 1913, between appellants and respondent L.A. Blochman and E.A. Fano, predecessors in interest of respondent Etta A. Fano. This action ...
Views: 2
The plaintiff brought action to recover the balance due under the terms of a written lease of real property. The defendant set up an executed oral agreement modifying the terms of the original lease whereby the amount of rental was reduced from $100 per month for the second and third years of the term, and from $125 for the remaining two years, to $50 per month for the entire four years. The cour...
Views: 1
The present action was brought to recover on an attachment bond and damages for a wrongful and malicious attachment. The complaint set forth that the corporate defendant Kohler Chase, on April 18, 1929, commenced an action in the Justice's Court of the City and County of San Francisco, and secured a writ of attachment to be issued and directed to the defendant sheriff, directing him to attach and...
Views: 0
In the respondent Superior Court there was pending an action between James Cruz Productions, Inc., Ltd., plaintiff, and Tiffany Productions, Inc., and Tiffany Productions of California, Inc., Ltd., defendants. The complaint prayed for certain relief to which the plaintiff claimed to be entitled, arising out of a contract between the plaintiff and the defendants. The contract contained an agreem...
Views: 3
Defendant was tried before a jury upon an information charging an assault with intent to commit rape and of a violation of section 448a of the Penal Code. He was found guilty of the first charge and not guilty of the second. Two points are raised on the appeal: The sufficiency of the evidence to sustain the verdict of guilty and the refusal of the trial court to give the proposed instruction cover...
Views: 8
Petitioners herein seek to review the action of the respondent board in hearing and determining an appeal in a rezoning proceeding. Petitioners had protested before the city planning commission against the granting of an application to change a piece of property belonging to Mrs. Jennie Jones from the second residential district to the commercial district. The commission took the application under...
Views: 2
Plaintiff sued as beneficiary for a policy of insurance issued by defendant. Demurrer to the second amended complaint was sustained and plaintiff, declining to amend, appeals from the judgment thereafter entered. The complaint alleges that on January 14, 1928, the defendant issued a policy of insurance to C.A. Russell, naming plaintiff as beneficiary; that the policy was issued in consideration of...
Views: 2
This is an appeal from a judgment dissolving a partnership, ordering an accounting and directing the payment of debts, sale of assets and distribution thereof among the copartners. The action was brought by the respondent, Adam, who alleged in his complaint, in so far as it concerns this appeal, that on March 1, 1922, by oral agreement, he and the appellant Obarr entered into a partnership for the...
Views: 4
The defendant in this action was charged by the district attorney of the county of Sacramento with the crime of burglary. Upon arraignment the defendant entered a plea of guilty of attempt to commit burglary in the second degree, and was thereupon sentenced to imprisonment in the state prison. From this judgment the defendant appeals. [1] Only one point is relied upon for reversal, to wit: That un...
Views: 7
This appeal is from a judgment which was rendered in favor of the plaintiff in an action brought by it against the defendant on a bond, by which, in effect, the defendant bound itself to reimburse the plaintiff for any pecuniary loss which the latter might sustain “by any act or acts of larceny or embezzlement” of any of the employees of the plaintiff. The judgment included a recovery as to eac...
Views: 1
This action was instituted by appellant to recover the value of an Auburn automobile alleged to have been embezzled by Carl LaDuxe, who was also known as George Carlton, G.E. Carlton and George E. Carlson. Judgment went for respondent and appellant is here on appeal from the judgment. Appellant was conducting a business in the city of Fresno under the name of Motor Vehicle Loan Company, and J. Cla...
Views: 4
This matter is presented here on two writs of review wherein the County of Los Angeles and the City of Los Angeles are the respective petitioners, seeking a review of an award made by respondent Industrial Accident Commission in favor of respondents William K. Calderwood and Emma K. Calderwood, and charging petitioners jointly with the payment of the indemnity awarded. The facts, in so far as they...
Views: 5
Petitioners secured an alternative writ of prohibition directed to the respondent, the Superior Court of the State of California, in and for the County of Los Angeles, requiring said court, at a date therein fixed, to show cause why a peremptory writ of prohibition should not issue prohibiting and restraining said court in a certain action then pending before it from making, rendering or entering ...
Views: 3
The salient facts upon which the judgment herein and the ensuing appeal depend are that, some four years after the defendant corporation was organized, and during all of which time it had been regularly conducting its business at a profit, it caused an assessment to be levied upon the outstanding paid-up capital stock of the corporation, for the asserted purpose of “conducting business”. In respo...
Views: 1
These two cases were tried together and are here presented on appeal upon one set of briefs. Appellant secured a judgment against defendants Frank W. Foster and Effie L. Foster, his wife, for the foreclosure of a chattel mortgage. The mortgaged property was sold for $422.25, leaving a balance due on the judgment of a little more than $6,000. A deficiency judgment was entered for this balance and t...
Views: 2
The petitioner has applied for a writ of review to obtain a judgment directing the modification *Page 781 of its liability as fixed by the award but contends that the award should not have been apportioned. On September 8, 1931, Z. La Riviere while employed by the petitioner and in the course and arising out of his employment, met with an accident from which he died. He left surviving and wholly ...
Views: 0
This is a companion case with that of Crum v. Mt. ShastaPower Corp. In this case an injunction was also issued and a judgment for $65,000 damages was rendered against the defendant. On appeal that judgment was reversed. (Albaugh v. Mt. ShastaPower Corp., 117 Cal.App. 612 [4 P.2d 574].) The legal principles which were involved in this case are, in every respect, similar to those which were determin...
Views: 10
THE COURT. [1] For the reasons given in Capital Glenn Min. Co. v.Industrial Acc. Com., Marie Henry and Ocean Accident GuaranteeCorporation, Ltd., (Civil No. 4657) ante, p. 79 [12 P.2d 122], the award in this case is annulled and the cause remanded to the Commission for further adjudication. A petition for a rehearing of this cause was denied by the District Court of Appeal on July 1, 1932, and an...
Views: 3
THE COURT. [1] For the reasons given in Capital Glenn Min. Co. v.Industrial Acc. Com., Marie Henry and Ocean Accident GuaranteeCorporation, Ltd., (Civil No. 4657) ante, p. 79 [12 P.2d 122], the award in this case is annulled and the cause remanded to the Commission for further adjudication. A petition for a rehearing of this cause was denied by the District Court of Appeal on July 1, 1932, and an...
Views: 0
THE COURT. [1] For the reasons given in Capital Glenn Min. Co. v.Industrial Acc. Com., Marie Henry and Ocean Accident GuaranteeCorporation, Ltd., (Civil No. 4657) ante, p. 79 [12 P.2d 122], the award in this case is annulled and the cause remanded to the Commission for further adjudication. A petition for a rehearing of this cause was denied by the District Court of Appeal on July 1, 1932, and an...
Views: 0
MEMORANDUM CASES. THE COURT. [1] For the reasons given in Capital Glenn Min. Co. v.Industrial Acc. Com., Marie Henry and Ocean Accident GuaranteeCorporation, Ltd., (Civil No. 4657) ante, p. 79 [12 P.2d 122], the award in this case is annulled and the cause remanded to the Commission for further adjudication. A petition for a rehearing of this cause was denied by the Distri...
Views: 1
This action for conversion was brought against the defendant sheriff for the alleged wrongful sale upon execution of an automobile. From a judgment in favor of defendant plaintiff appeals. The cause was tried upon an agreed statement of facts. It appears that an attachment was levied by the defendant sheriff upon said automobile in an action brought by the Western Bond and Mortgage Company against...
Views: 2
Claiming that the defendants, as the Civil Service Commission of San Francisco, had marked his papers incorrectly, the plaintiff commenced a proceeding in mandamus to compel the defendant commission to re-mark his papers. On December 9, 1931, E.A. Hahn, C.A. Spuur and A.J. Canty were given permission to intervene. As the record before us does not show to the contrary, we assume that the applicatio...
Views: 6
The defendant Clare Hutchings appeals from an adverse judgment for the payment of money, entered after default for failure to answer the complaint. The grounds of appeal are that the complaint fails to state a cause of action and therefore is insufficient to support the judgment, and that the trial court abused its discretion in determining the motions to set aside the default. The complaint co...
Views: 0
The defendant appeals from a judgment of conviction based upon a verdict following a trial wherein the information filed against him charged an offense in the following language (omitting title): "L.J. O'Rourke is accused by the District Attorney in the County of Tehama, State of California, by this information, of the crime of violation of the provisions of section 74 of the California Vehicle Ac...
Views: 16
This is an appeal from an order setting aside defendants' default, vacating the judgment thereon, and quashing the alleged service of summons upon defendants. The question presented here involves the alleged service upon defendants of an amended complaint. The default of defendants was duly entered on July 8, 1929, and judgment thereon entered upon July 9, 1929. An affidavit purporting to show due...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 735 THE COURT. An appeal by defendant City of Oakland, a municipal corporation, and certain of its officers from a judgment enjoining the enforcement of ordinance numbered 4240, N.S., adopted October 1, 1928, which required all persons operating electric stre...
Views: 5
On a former appeal in this action this court reversed the judgment on the ground that an indemnifier on an attachment bond had been denied the right to participate in the trial and to defend the action after having been served with notice in accordance with section 1055 of the Code of Civil Procedure, and upon the ground that such a person had the right to defend the action without being substitut...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 723 This is an appeal by the defendant from a judgment of the trial court, sitting without a jury in the sum of $850.26, in an action for damages for injury to certain dried figs and fig paste, by reason of rain damage, while being transported by defendant fr...
Views: 0
The appeal of this cause is taken by the plaintiff from a judgment in the trial court in favor of the defendant corporation and the intervener, and against the plaintiff. The record on appeal is made, aside from the usual transcripts, only upon the appellant’s opening brief, without any respondent’s brief. Therefore, there is nothing before this court to even indicate what position the def...
Views: 1
Defendant appeals from a judgment pronounced upon the verdict of a jury finding him guilty of murder of the second degree and from the order of the court denying his motion for a new trial. The information charged that on or about October 28, 1931, the defendant unlawfully killed and murdered Henry Lester Warren, sometimes known as Ed Warren, a human being. There is but one point raised on the ...
Views: 4
The defendant was tried and convicted upon an information charging that on or about the seventh day of February, 1932, in the county of Tuolumne, state of California, he assaulted one Mrs. H. E. Rolfe with a deadly weapon, with intent to commit murder. From the judgment entered upon the verdict of guilty based upon the charge just referred to, the defendant appeals. .Only one question is presen...
Views: 0
THE COURT. Appeal by the defendant from a decree adjudging plaintiffs to be the owners of the right and easement to take water for household and garden purposes from a well on defendant's land. *Page 703 The parties own adjoining lots which, until June, 1904, were owned by one C.F. Turner, who erected upon each a dwelling-house. Turner also sank a well upon the property now owned by defendant (wh...
Views: 1
Petitioner is detained by the chief of police of the city of San Bernardino by virtue of a warrant of arrest issued by the police court of said city based upon a complaint filed therein charging him as defendant with the violation of the provisions of Ordinance No. 1456 of said city. The complaint alleges that the defendant has unlawfully engaged in the business of collecting and removing, and tha...
Views: 14
This is an action brought by the appellant teacher against the respondents school board and the several members thereof, for the sum of $1710.40, salary alleged to be due the teacher for the part of the school term from November 21, 1929, on which date the teacher was dismissed by the school' board, to the end of the school year, or June, 1930. A contract of employment of the teacher, as a prob...
Views: 7
THE COURT. [1] It appearing that although several months have expired since the alternative writ of prohibition was issued herein, and that in the absence of either stipulation by the parties hereto, or by order of this court, respondent has entered no appearance, either by answer to the petition for the writ, or by memorandum of points and authorities in relation thereto; And it further appearing...
Views: 1
This is a motion to dismiss an appeal upon the ground that the judgment appealed from has been paid and fully satisfied. In a complaint containing only one count, the plaintiff sought to recover a balance of $10,484.91 for certain work done for the defendant city under a written contract, the further sum of $16,759.82 for extra work alleged to have been done in connection with the work covered by ...
Views: 9
This is an appeal from a judgment for $525 for personal injuries suffered by the plaintiff, including the cost of medical attention. On September 25, 1930, the plaintiff was living in a house she was renting from the defendant Graham. On that day the other two defendants, as agents of the defendant Graham, came to this house with the intention of removing certain furniture therefrom. The plaintiff...
Views: 1
Appellant was found guilty of robbery in the first degree by the verdict of a jury and, having previously been convicted of manslaughter and having *Page 178 served a term of imprisonment therefor, which fact was charged in the information and admitted by appellant, he was sentenced to Folsom state penitentiary. On April 23, 1931, at about 3 o'clock in the afternoon, three men masked with handker...
Views: 12
This is an appeal by Vera A. Shaw, cross-defendant below, from a judgment granting respondent Joseph E. Shaw, cross-complainant below, an interlocutory decree of divorce upon the ground of extreme cruelty. The parties intermarried in the year 1914 and have been separated since 1924. At the time of their separation the parties lived at Bremerton, Washington, and by order of the courts of that state...
Views: 8
Appellant Lucy C. Roberts was granted a final divorce from the deceased, Theodore Roberts, with alimony fixed at $75 a month, later raised to $100 a month which was paid by the deceased up to the time of his death in December, 1928. Appellant, on February 20, 1929, presented a claim against the estate demanding the alimony payments for the months of January and February. The claim was rejected and...
Views: 1
This is an original proceeding seeking a writ of mandate to compel the owner and the lessee of a certain dam to do certain work thereon. The action is brought by the Department of Public Works of the State of California and the state engineer, under a claim of authority vested in them by what is popularly known as the "Dam Act of 1929" (Stats. 1929, p. 1505). The petition alleges that the responde...
Views: 5
Defendant pleaded guilty to one count in each of two separate informations by which he was charged with the crime of robbery. At the same time he also pleaded "not guilty by reason of insanity". By stipulation of the parties and by consent of the trial court, the two actions were considered and tried together. In each action the appeal is from the judgment of conviction which followed defendant's ...
Views: 16
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 134 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 135 THE COURT. This action involves two appeals from the judgment entered in a suit in interpleader, one taken by ...
Views: 6
Defendants appeal from judgments of conviction of the crime of robbery, as well as from an order by which their motion for a new trial was denied. [1] Considered together, the effect of the two points which are urged by appellants as a sufficient reason for a reversal of the judgments is that the evidence introduced on the trial of the action was insufficient to support the judgments, and that the...
Views: 2
Plaintiff sued to impress a trust upon real property. The cause was tried upon an agreed statement of facts and judgment was entered for plaintiff decreeing that he had a 47.4 per cent interest in the real property and in the money deposited in court under a judgment in a prior action, and that he should have an accounting from defendant. A motion for a new trial was made by defendant and denied, ...
Views: 2
Plaintiff sued to foreclose a mortgage upon real property and had judgment. Defendant has appealed upon typewritten transcripts. The facts are simple. The defendant executed and delivered the note and mortgage to one Mathews in the sum of $5,000. Before maturity, Mathews sold the note and mortgage to plaintiff and, after maturity, plaintiff commenced this action. The defendant defended the action ...
Views: 0
THE COURT. This action is for the rescission of a certain contract of sale on the ground of fraudulent representations. Judgment went for plaintiff and against the defendant noted in the caption as appellant. The defendant Rhodimer defaulted, and nonsuit was entered as to the nonappealing defendants. By the decree of the court below the contract was rescinded and plaintiff awarded judgment for the...
Views: 2
Respondents were the owners of a house and lot and a bakery business in Coalinga, California, which was their community property. On or about November 7, 1928, they entered into a verbal contract with appellants whereby respondents agreed to sell and appellants agreed to buy the property upon the following terms: Payment to respondents of $1,000 cash and the payment of a bill of $160 owed by resp...
Views: 1
This is an appeal from a judgment against a surety company to recover damages which were sustained as the result of an automobile casualty. The plaintiff secured a judgment against the defendant surety company for the sum of $1340 as indemnity for damages sustained in an automobile collision. The insured machine was towing a trailer at the time the accident occurred. The policy contains the follow...
Views: 8
In lieu of any preliminary statement of the case, reference is made to the former hearing in the earlier appeals. (Seid PakSing v. Barker, 197 Cal. 321 [240 P. 765].) The report fully covers the facts and our discussion will include only such features as are incidental to the contentions here presented. The original complaint was filed on January 26, 1919, which date, therefore, was that of the co...
Views: 4
Defendant was convicted under a charge that he had violated the provisions of section 288a of the Penal Code, which denounces the crimes sometimes known as fellatio and cunnilingus, the section being couched, however, in English. Defendant appeals from the judgment and from an order of the trial court denying his motion for a new trial. [1] The alleged victim of appellant was a boy nearly twelve y...
Views: 10
This is an action to recover on three promis sory notes executed by defendant. The answer alleged that the third note was given in full payment and discharge of the first note, and that the second and third notes had been fully paid, and set up as an affirmative defense the fact of payment by defendant of the sum of $2,200 to one Kellogg, the original payee of the notes, which (defendant alleged)...
Views: 8
Preliminarily it is to be noted that since the appeal herein respondent Whitehead has died and Clin D. Jacoby and Rowena C. Martin, the duly appointed executors of the last will and testament of said decedent, have been by order of court substituted for said respondent. The nature of the action and the scope of the review - will more fully appear from a recital of the facts. On and prior t...
Views: 1
This action was instituted by respondent to subject certain property in the city of Bakersfield to a levy *Page 63 of an execution in an action whereby the El Dora Oil Company recovered judgment against Ronald McDonald and three others in the sum of $35,000. Two pieces of property were involved which we will hereafter refer to as the "Hermitage property" and the "Opera Market property". The trial...
Views: 8
This is a motion to dismiss an appeal by the People from an order of the Superior Court of Riverside County setting aside an information which charged the defendant and respondent with the crime of escape from jail. The motion is made on the ground that the appeal was not taken at the time or in the manner provided for in the Penal Code of California. The transcript shows the following facts: On S...
Views: 1
By an information filed in the superior court defendant and appellant Clarence King and one Edward L. Dobbs were charged jointly with the commission by them of the crime of grand theft, they being charged with stealing an automobile belonging to Katherine E. Smith; and by another information filed in said court defendant and appellant alone was charged with the commission by him of the crime of gr...
Views: 12
In this action to recover possession of 2,000 chairs, bearing the manufacturer’s mark of plaintiff, judgment was entered against defendant for possession of *46 said chairs, or $4,990, the value thereof, with costs. From this judgment defendant appeals. It is contended by appellant that the judgment should he reversed because the plaintiff did not have title to the goods in qu...
Views: 2
The above-entitled actions arose out of a collision between the automobile of defendant and the automobile of plaintiff Frank A. Fox in which said plaintiff and plaintiff Cora M. Fox, his wife, were riding. The two actions were consolidated and tried before a jury. From a judgment in favor of plaintiffs, defendant appeals. [1] The accident occurred at the intersection of California and Battery Str...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 24 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 25 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THE...
Views: 10
The plaintiffs began this action to secure the rescission of a certain agreement made and entered into with the defendants Brown on or about the eleventh day of April, 1929, whereby the respective parties just mentioned agreed to exchange certain real property. To this complaint *Page 13 the defendants Brown, in addition to their answer, filed a cross-complaint praying for specific performance an...
Views: 3
THE COURT. Certiorari to review the action of the Industrial Accident Commission in awarding compensation to petitioner. It is petitioner's contention that the award made is upon a wrong basis of earnings, and further that the Commission erroneously determined and fixed the period of disability resulting from the injuries shown. The employment of petitioner was such as is provided for in subdivisi...
Views: 1
All of the material facts in this case are essentially the same as those in San Joaquin Valley Securities Co. v. Prather,ante, p. 378 [11 P.2d 45], this day decided, except for a difference in names, dates and amounts. The cases were tried together, in conjunction with three other cases, and this appeal is from a judgment in favor of one of the defendants. While there is a separate appeal in each ...
Views: 3
All of the material facts in this case are essentially the same as those in San Joaquin Valley Securities *Page 774 Co. v. Prather, ante, p. 378 [11 P.2d 45], this day decided, except for a difference in names, dates and amounts. The cases were tried together, in conjunction with three other cases, and this appeal is from a judgment in favor of one of the defendants. While there is a separate appe...
Views: 0
All of the material facts in this case are essentially the same as those in San Joaquin Valley Securities Co. v. Prather,ante, p. 378 [11 P.2d 45], this day decided, except for a difference in names, dates and amounts. The cases were tried together, in conjunction with *Page 772 three other cases, and this appeal is from a judgment in favor of one of the defendants. While there is a separate appe...
Views: 0
MEMORANDUM CASES. This is a separate appeal by E.M. Hull, Detective Lieutenant of the City of Los Angeles, and E.M. Hull, as an individual, from a judgment entered on the verdict of the jury against the appellant and Ambassador Hotel and Investment Corporation, a corporation; Frank Shannessy, P.H. Leslie and others, in the sum of $25,000. The judgment of the trial court has...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 760 This is an appeal by defendant, W.F. Ball, from a judgment against him based upon the stockholders' liability formerly provided for in section 322 of the Civil Code before its amendment in 1931. The plaintiff sued and recovered judgment as assignee of thi...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 744 The plaintiff, Mabel Jones, is the widow, and the eight other plaintiffs are the children, of Samuel A. Jones, who, while engaged in paving work on a highway in San Benito County, was killed on October 8, 1929, by being hit by an automobile driven by the ...
Views: 9
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 735 This is an appeal from an order confirming sale of real estate in the Matter of the Estate of Manuel Silva George, Deceased. As noted in the caption, the said decedent was also known by other names. Preliminary to a discussion of the points involved, we n...
Views: 1
On the eighth day of December, 1931, an information was filed in the Superior Court of Humboldt County, containing three counts, upon which the defendant was tried and found guilty on counts 2 and 3, and from the order denying his motion for new trial and judgment based upon said counts, this appeal is prosecuted. The counts upon which the defendant was convicted read as follows: ...
Views: 5
The complaint alleges that on or about November 11, 1923, the assignor of plaintiffs, one J. Kertis, entered into an agreement with the defendant for the purchase of certain real property, a copy of which agreement is attached to and made a part of the complaint as an exhibit, and that defendant was paid thereunder the total of $2,500 as follows: $100 on November 11, 1923; l$900 on December 13, 1...
Views: 1
It appears that the pertinent facts upon which the appeal herein is based are that the respondent gave its notice of appeal from a certain judgment in the *Page 720 court below; that thereupon, by order of the trial court, an extension of time was granted to the respondent within which to file its bill of exceptions in said appeal, which extension was one day in excess of the statutory time limit...
Views: 0
Based upon a complaint filed with the appellant Board of Medical Examiners, and after a hearing had thereon, the said board ordered a revocation of a former license theretofore granted by it to respondent Rinaldo to practice medicine and surgery in the state of California. Thereafter, and following an appeal from an order issued by the superior court by which Rinaldo was denied a writ of certiorar...
Views: 7
In an action against respondent Pan American Bank, the payee of appellant's note, secured by a deed of trust, respondent Title Insurance and Trust Company, the trustee named in such deed of trust, and respondents Edward Rainey, State Banking Commissioner, and A.Q. Robison, his deputy, then liquidating said bank, to restrain the threatened foreclosure of said deed of trust upon the ground that the ...
Views: 6
This is an appeal from a judgment favorable to the defendants, which was rendered in an equitable suit instituted by the heirs of the deceased father of the grantor of real property, to establish a resulting trust therein, and to declare the deed of conveyance therefor, to be a mere mortgage. The appellants assert that the evidence is insufficient to support the findings and decree, and that the d...
Views: 0
This case comes to us on appeal from the judgment based on a verdict growing out of the property damages and personal injuries in an automobile accident. The evidence is conflicting on the question of negligence, but we will not review it. The verdict awarded $1500. On motion for a new trial the court reduced it to $1200. Appellant claims there was not a sufficient reduction. He also complains tha...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 690 This appeal is taken by the defendant railway corporation from judgment in favor of plaintiffs, Charles H. Baker and Ethel Baker, his wife. The action is for damages for personal injuries sustained by the wife and special damages suffered by the husband i...
Views: 4
This action was brought by plaintiffs to recover judgment for rent, to foreclose a chattel mortgage, and to recover damages. The facts upon which this action is founded are as follows: Plaintiff M.L. Bradner leased an unfurnished apartment house, containing sixty rooms, in Long Beach to defendants J.W. Noesen and Madeline Noesen, his wife, for a period of five years, beginning December 1, 1924, at...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 680 Appellant was found guilty of burglary of the second degree and grand theft, the jury also finding that he had suffered three prior convictions of felony. The evidence conclusively established that during the night of the 13th and 14th of July, 1931, the ...
Views: 10
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 672 This is an appeal by Beatrice M. Tompkins, widow of Mangle Minthorne Tompkins, from the decree of final distribution of the estate of the decedent, wherein certain property, which is claimed by the widow to have been community property of the marriage, wa...
Views: 4
This action was instituted by plaintiff to foreclose a lien claimed for work done by him under a subcontract made March 2, 1928, with M.G. Kendall, operating under the name of the California Builders Co., as the general contractor for the erection of a building for the defendant J.W. Helm, to be used in part for stores and offices, in part for a public garage. Plaintiff's contract was for the cons...
Views: 5
Two appeals arising out of this estate have been combined upon this appeal. The first is from an order settling a first account in the estate, and the second is from an order denying a motion to set aside the decree of distribution made therein. The decedent, Nellie Harding Vizelich, died testate in the year 1918, leaving six children, Amelia, Kate, Nellie, Nicholas, Henry and Stanley, surviving h...
Views: 2
Plaintiffs brought an action to recover damages for fraud and misrepresentation in the purchase of real estate. The complaint alleges that plaintiffs J.F. Warren and Adelaide K. Warren, husband and wife, in December, 1927, entered into a written agreement for the purchase of certain land from the defendants; that they were induced to enter into said agreement through certain fraudulent representat...
Views: 1
Plaintiff's complaint contained two counts. The first was for the alleged agreed rental of certain lands and the second was for the alleged reasonable rental value of said lands. Upon a trial by the court sitting without a jury defendants had judgment, from which judgment plaintiff appeals. The record discloses that plaintiff had previously brought an action against the defendants seeking an accou...
Views: 0
The plaintiff sued to recover the subscription price on a block of its stock. The defendant interposed a demurrer to plaintiff's amended complaint and the demurrer was sustained. The plaintiff declined to further amend. Judgment was entered in favor of the defendant and the plaintiff has appealed and has brought up the judgment-roll. *Page 642 In its complaint the plaintiff alleged that it is and...
Views: 2
The defendant appealed from a judgment entered upon a verdict of a jury awarding to the plaintiff compensation for alleged work, labor and services. Portions of the testimony of each of the respective parties set forth in the briefs are equally positive and concededly contradictory as to the fact of employment, and other evidence upon that issue is admittedly absent. [1] The appellant first conten...
Views: 3
The defendant assigned to the appellant a portion of his interest in the estate of Isabella Beardslee, deceased, and delivered said assignments to the respondent as executor, directing that the moneys be paid "out of the first moneys payable to me out of said estate as an heir thereto". The assignments were thereafter indorsed, "1-28-25. I accept the above order. D.A. Beardslee, Administrator of t...
Views: 0
Petitioner seeks his release from a committment issued upon an order adjudging him in contempt and sentencing him to the maximum penalty of five days in jail and a $500 fine. The proceedings rest upon the following state of facts: The petitioner was chief counsel for the defendant in an action entitled People v. Kelly pending in the Superior Court of Alameda County wherein the defendant was charge...
Views: 5
The defendant was convicted of grand and petit theft on three counts of an indictment which was returned against him by the grand jury in Napa County. The indictment charged him with ten separate offenses which were set out in as many different counts. The first count charged him with arson. The remaining counts charged him with grand theft of farm produce and materials. He was convicted on the th...
Views: 9
This is an appeal from an order granting a new trial in the above-entitled consolidated actions after a judgment in favor of the defendant which was rendered in an automobile casualty. On December 28, 1927, at 11 o'clock in the forenoon, the defendant was driving his Essex automobile easterly along the public highway between Vacaville and Dixon. He was accompanied by the three plaintiffs, who were...
Views: 6
Appellant states in its opening brief that although in form this appeal is from the whole of the judgment, it is in fact directed only to so much of said judgment as denies appellant any recovery against respondents William G. Reed, Breakers Hotel Company and Metropolitan Casualty Insurance Company. The action was commenced originally by appellant to foreclose mechanics' liens and also to recover ...
Views: 2
Petitioner was convicted in the superior court under a charge of possession of “metal knuckles”, so called, under the provision of an act of the legislature (Act 1970, Gen. Laws [1925-27], sec. 1), also to be found at page 542 of the Statutes of 1925, and is now in the custody of the sheriff pursuant to the judgment of conviction. Pie asked for the writ of habeas corpus and the writ issued. T...
Views: 1
The petitioner was adjudged guilty of contempt of court for wilful failure to pay alimony, costs, counsel fees and for failure to deliver possession of the family home to the wife. He asserts that the court was without jurisdiction to find him in contempt for the following reasons: (1) There was no evidence of his ability to comply with the order; (2) the trial court was divested of jurisdiction o...
Views: 7
THE COURT. The defendant was convicted in the Superior Court in the City and County of San Francisco of a felony, to wit: Violating the State Narcotic Act. [1] The transcript on appeal was filed in this court on March 8, 1932. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on May 9, 1932. No appearance was made for appellant at the ...
Views: 1
On the fifth day of June, 1930, the plaintiff was riding as the guest of W.A. Taylor. He was driving a Willys-Knight automobile. Shortly before the accident hereinafter mentioned Mr. Taylor was driving from Warm Springs north toward Irvington in Alameda County. Mrs. Suzie A. Boyes at about the same time was driving south on the same road from Oakland toward San *Page 594 Jose. The road on which b...
Views: 9
In 1928 the plaintiff and respondent secured an interlocutory decree of divorce from defendant and appellant whereby the custody of their minor son was awarded to plaintiff, and defendant was required to pay plaintiff $40 per month for the child's support. In 1929 a final decree of divorce was made and entered containing the same provisions. In 1931 appellant filed a verified petition asking the c...
Views: 9
Edward Johnson died in September, 1927, leaving an estate valued at approximately $80,000, leaving a will by which he disposed of approximately one-half *Page 577 thereof, and dying intestate as to the remainder. The appellant concedes that he intended to dispose of all his property by will, but failed to do so because certain real property he owned was worth much more than he thought. In this wi...
Views: 2
The complaint in this action charges the defendant with malicious prosecution. It appears that during the year 1929 plaintiff was employed by defendant in the city of Fresno as a membership and insurance solicitor. During the month of September, 1929, he was transferred to Bakersfield and given the position as general manager of defendant's branch there. Besides soliciting memberships and insuranc...
Views: 2
The complaint in this action alleges that on March 3, 1931, defendant employed plaintiff to drill a water-well at a specified price per lineal foot, the defendant to furnish all pipe and casing; that the well was drilled to a depth of 423 feet, but that defendant refused to pay for the same. Defendant filed his answer and a pleading designated a cross-complaint, admitting that the contract for dri...
Views: 5
The plaintiff had judgment in this action against the defendant in the sum of $8,000, based upon a charge of malicious prosecution. After the entry of judgment upon the verdict returned in said cause, the defendant's motion for a new trial was granted, the order of the court being based upon insufficiency of the testimony, and that the verdict was against the law. From the order of the court grant...
Views: 4
Two appeals have been prosecuted by the plaintiff in the above-entitled action, which appeals came to this court upon bills of exceptions. The default of the defendant for failure to answer the second amended complaint was entered on the eleventh day of July, 1929; a judgment by default by clerk was entered in plaintiff's favor on the same day, and execution was placed in the hands of the sheriff....
Views: 2
The defendant was convicted on two counts of an information charging the crime of robbery; count one stating an offense committed on the sixteenth day of April, 1931; and count two an offense committed on the seventh day of April, 1931. [1] In each instance the fact of the robbery and identification of the defendant as the person who committed the crime were clearly and positively established by t...
Views: 7
Petitioner was adjudged guilty of contempt and ordered confined in the county jail for failure to pay the sums which he was ordered to pay by the terms of an order and judgment in a divorce action. He seeks his release on habeas corpus. In the affidavit upon which the order to show cause herein was issued, it was alleged among other things that the order and judgment in the divorce action were ent...
Views: 5
This is an application for a writ of habeas corpus. A complaint was filed against the petitioner which charged that on the eighteenth day of April, 1932, the petitioner "did willfully, unlawfully, and lewdly distribute and exhibit obscene and indecent photographs and pictures". He was convicted, the judgment recites, of committing the offense described in the complaint. The provisions of Penal Cod...
Views: 13
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 527 THE COURT. This case involves the question of the defendant's liability under its written acceptance of an assignment made for a valuable consideration to plaintiff in the sum of $900, which had not been earned by the assignor at the time of defendant's a...
Views: 5
The defendant in this action was convicted in the Superior Court of Riverside County of the crime of driving an automobile while under the influence of intoxicating liquor. The information alleges that the defendant on December 11, 1931, at the county of Riverside, state of California, did wilfully and unlawfully drive an automobile along and over that certain public highway in the county of Rive...
Views: 3
Josephine Regnier died April 17, 1928, leaving an estate subject to administration. On December 23, 1927, she had executed an holographic will, which will, after her death, was duly admitted to probate as her last will and testament. This will contained, among other provisions, the following bequest: "I hereby bequeath to the French Orphans of France, one-third of my Estate." In due course of admi...
Views: 0
The plaintiffs seek by this action to have the proceedings of the city council of the City of Santa Barbara for the opening of an alleyway declared void and to restrain the defendants from taking further proceedings to that end. Plaintiffs had judgment and the defendants appeal upon typewritten transcripts. The proceedings taken under the Street Opening Act were designed to declare public an exist...
Views: 7
A petition was filed by respondent, praying that the will of Mary Harris, deceased, be admitted to probate. Bird W. Gorham, the adopted son of decedent, then filed a contest of said will, but when the contest was called for trial the contest was dismissed and the will was admitted to probate. During the administration of the estate, which continued for some six years, Bird W. Gorham died, and M...
Views: 2
The defendant was convicted of a violation of section 288 of the Penal Code. From this judgment he appeals. [1] Defendant's first specification of error is that the evidence is insufficient to show commission of the material elements of the crime charged. The court has carefully examined the record presented here, and such examination has disclosed that there was evidence presented at the trial of...
Views: 1
This is an appeal taken by the People from orders made by the superior court granting defendant's motion to set aside the information herein, and permitting defendant to withdraw his plea of "not guilty" entered to the charge set forth in the information. The defendant was charged by the information with the crime of murder. Defendant was placed on trial before the superior court on the charge con...
Views: 5
On December 14, 1926, a collision occurred at an intersection of public highways in Fresno County between a truck driven by defendant and appellant T.A. Minardi and a Model T Ford automobile driven by A.T. Shamlian. Shamlian was driving north on a paved highway and Minardi was driving east on a dirt road intersecting the highway. Shamlian was killed as a result of the collision, and this action wa...
Views: 3
The defendant was charged in an information filed by the district attorney with the commission of seven felonies. The first count of the information alleged the crime of grand theft, while the remaining six counts charged defendant with a violation of the Corporate Securities Act, in that he acted as a broker in the sale of stock of the Hollywood Business Properties, a corporation, without being l...
Views: 4
The defendants, as owners of a tract of land near Los Angeles which they had subdivided into lots for the purpose of sale, accepted from plaintiff a deposit of $903 on the sale of a lot which they had previously contracted to sell to another; and upon their refusal to return the deposit plaintiff brought this action to recover the same and was awarded judgment, from which the defendants appeal. Th...
Views: 7
The defendant was convicted of robbery of the second degree and has appealed from the *Page 483 judgment which was entered in accordance therewith. The robbery is alleged to have been accomplished by means of force and fear. The appellant asserts the judgment is not supported by the evidence for the reason that the record discloses an absence of proof of either force or fear in the perpetration o...
Views: 10
The complaint in this action was filed in Kings County and contains three causes of action. In the first cause of action it is alleged that on November 19, 1929, the plaintiffs became the owners of certain real property in Kings County; that prior thereto and for a long period of time one Cora Van Aernam Peters had been the owner of this property; that she was the person from whom plaintiffs had a...
Views: 9
This is an action for specific performance. Judgment was rendered in favor of plaintiff and from this judgment defendants have appealed. Substantially, the facts are as follows: On February 14, 1927, appellants Rufus H. Fishbaugh and Rosella S. Fishbaugh, residing at Markle, Indiana, were the owners of two certain lots in the city of Wilmington, Los Angeles County, California, and on that day appe...
Views: 1
Plaintiffs and defendants are the children of W.J. Creason, deceased. On August 17, 1925, W.J. Creason, aged seventy-six years, shortly after becoming blind made and executed a certain deed and entered into an escrow agreement with one J.P. Mandl that upon the death of the grantor the deed should be delivered to defendant Frank L. Creason. *Page 457 The first cause of action in the complaint is i...
Views: 6
This is an action for damages for injuries suffered in an automobile collision. As the car in which the plaintiff was riding as a guest entered an intersection and turned to the right, it was struck by a car *Page 453 owned and operated by the defendants, and pushed against a bank that lay along the right curb. The plaintiff was thrown forward, suffering the injuries complained of. The car in whi...
Views: 6
This is an action to recover for personal injuries. The defendants had judgment and the plaintiff has appealed. About 11 o'clock at night on the twenty-ninth day of November, 1930, the automobile driven by the defendant George Chessum struck Mrs. Florence S. Adams in the back, knocked her down, and so injured her that she died immediately. The accident occurred at a point about halfway between Bur...
Views: 6
Petitioner seeks the annulment of an award made by the Industrial Accident Commission in favor of Edna L. Burden, the widow of the deceased employee. *Page 444 Petitioner is the insurance carrier for the General Machinery and Supply Company. The deceased was a salesman and had entered into separate contracts of employment with the above-named company and the William Powell Company. These two comp...
Views: 5
This is an action to recover the sum of $500 based upon a complaint for money had and received in connection with a transaction for the purchase of real estate by plaintiff from the defendants. Plaintiff appeals from a judgment in favor of the defendants. On July 11, 1925, the parties entered into a written agreement whereby plaintiff agreed to buy from defendants certain real property situated at...
Views: 3
The record before us discloses that on February 11, 1932, the trial court made an order denying appellant's motion for a new trial. At that time he gave an oral notice of appeal without specifying whether the appeal was taken from the order denying the motion for a new trial or from the judgment. From the context it would appear that it was taken from the order only. On February 25, 1932, the appe...
Views: 0
This is an action for damages resulting from a fire which was set out by defendant's employees on its right of way, and which fire, it is claimed by respondent, destroyed its warehouse and contents. At the conclusion of plaintiff's evidence defendant moved for a nonsuit and after the taking of evidence had been completed it moved for a directed verdict. Both motions were denied. The jury returned ...
Views: 0
Plaintiff was both a creditor and a stockholder of The Luthy Company, a California corporation. Said corporation had financial difficulties and assigned its assets to defendant G.W. Brainard, as trustee. This action was brought to establish the amount of plaintiff's claim as a creditor of the corporation and to have it decreed that *Page 428 the defendant trustee pay over to plaintiff his proport...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 413 The appeal in this action, taken by bill of exceptions, is from a judgment entered in the superior court in favor of the plaintiff in the sum of $2,058.33 upon causes of action for freight claimed to be due under the terms of certain identical bills of la...
Views: 1
The defendant was convicted of grand theft on two counts of an indictment. He also confessed two former convictions of other felonies with which he was charged. The jury acquitted him of five separate *Page 405 counts of similar charges of grand theft which were included in the indictment. The indictment originally contained twenty-one separate counts of grand theft. At a former trial the defenda...
Views: 12
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 398 Appellant was tried by a jury and convicted of burglary in the second degree, after having suffered a prior conviction of grand larceny. A motion for a new trial was denied and thereafter appellant made a second motion for a new trial, and, that being den...
Views: 14
The plaintiff sued to recover damages for personal injuries. At the end of the plaintiff's case each defendant separately moved for a nonsuit; the motions were granted and from the orders of nonsuit and the judgments entered thereon the plaintiff has appealed. *Page 393 On the first day of March, 1930, the plaintiff was standing on the sidewalk near the curb on the south side of a telephone pole ...
Views: 5
This is an appeal by plaintiff from an order granting change of place of trial from the city and county of San Francisco, where the action was begun, to the county of Los Angeles, the place of residence of the defendant. Some technical objections to the moving papers are made by plaintiff, but the irregularities mentioned are of little moment. [1] The notice of motion, instead of naming a definite...
Views: 1
The defendants by an information filed by the district attorney of Los Angeles County were charged with the crime of robbery. Pursuant to an instruction directing it so to do, the jury acquitted the defendant Robinson, but found the other two defendants guilty. The defendant Fink, in addition to pleading "not guilty", entered a plea of "not guilty by reason of insanity" and upon that issue the jur...
Views: 3
This is an appeal from a judgment in a personal injury action, arising out of an automobile collision, wherein the plaintiff was awarded damages in the sum of three thousand dollars. [1] Appellants' first point is based upon the claim that the damages awarded are excessive. The plaintiff, eighty-three years of age, suffered a complete fracture of the left ulna and of the fourth and fifth ribs on t...
Views: 0
Plaintiff as assignee of an attorney instituted this action to recover from defendants the sum of $4,000 alleged to be due upon an "open, mutual and current account". On March 29, 1929, defendants caused to be served upon plaintiff a demand for a bill of particulars of the items of the account sued upon. Thereafter and on April 8, 1929, plaintiff having failed to serve or file a bill of particular...
Views: 3
This is an appeal by the defendant from a final decree of divorce, granted in favor of plaintiff after a hearing at which defendant contended that the application for the final decree should be denied, on the ground that the interlocutory decree had been followed by a reconciliation between the parties and conjugal cohabitation. The interlocutory decree of divorce on the ground of extreme cruelty ...
Views: 7
Appellant instituted her action in the superior court seeking to enforce an alleged trust in a certain parcel of land belonging to the estate of Robert Price, deceased. Respondent Ella Bouchard is the administratrix of said estate. Respondent Lois Price is the daughter and sole heir at law of decedent Robert Price. The trust sought to be enforced is maintained to have arisen by virtue of an allege...
Views: 7
This is an action to quiet title to two lots in the residential district of Bakersfield, based upon a claim of adverse possession. The title to the property was *Page 705 not traced, so far as the record shows, except that it was acquired through a tax deed by Charles Cohn, now deceased, on July 24, 1918. On January 21, 1920, this plaintiff obtained a deed covering this property from the estate o...
Views: 1
Baker Street is a public thoroughfare running north and south in the city of Bakersfield. It is crossed at right angles by Eleventh Street. This crossing is an obstructed intersection as defined by section 113 of the California Vehicle Act. At about noon on September 6, 1929, a Whippet delivery truck belonging to appellants and being driven by their employee upon their business came into collis...
Views: 4
This is a case where the defendant is the owner of more than 300,000 shares of stock held in the plaintiff corporation, being a majority of the stock. An order was made by the corporation commissioner denying the defendant the right to vote other than a very limited number of shares of said stock. We think the order of the commissioner was and is unauthorized and void, under section 4 of the Corpo...
Views: 1
This is a case where the plaintiff sued the defendant for the sum of practically $9,000, claimed to be due under a license agreement. The suit is defended on the ground that the plaintiff violated the agreement. Plaintiff admitted the violation, but claimed the violation was not material. The court decided that it was material, and gave judgment to defendant for costs. The questions, whether the v...
Views: 1
This is an action begun by the receiver against the defendants for the recovery of money improperly expended by the defendants herein while they were in charge and control of the funds of the United States Thrift Corporation of Delaware, a corporation that had been permitted to transact business within the state of California, but subsequently said corporation, by reason of its failure to pay its ...
Views: 1
This is a case wherein 315,752 shares of stock were sold to satisfy a judgment of costs *Page 689 amounting to the sum of $9, which judgment was sold to the defendant Sue C. Gale for the sum of $16.14. An examination of the transcript seems to show that one of the defendants in the case, Rex C. Gale, was a director and secretary in the corporation named as Centrifugal National Concentrator Compan...
Views: 1
This is an application for a writ of mandate to compel the respondent city clerk of Los Angeles to omit from the ballot the name of John C. Porter as a candidate for election to the office of mayor. The controversy arises in this manner: A petition for the recall of Mayor Porter has been circulated and been found to be sufficient. The special election for that purpose has been fixed for the third ...
Views: 3
From the "verdict of the jury finding defendant guilty of robbery, and fixing the degree first degree robbery; from the order of the court denying the motion and grounds for a new trial"; and from the "judgment and sentence of the court . . ." defendant appeals to this court. [1] There is no merit in the first point presented by appellant to the effect that the evidence was insufficient "to sustai...
Views: 13
A purported complaint was filed in the Municipal Court of San Francisco against the petitioner; he was arrested and brought before the court; a trial was had and he was found guilty and sentenced to serve a term in the county jail. Later he applied to the superior court for a writ of habeas corpus and the writ was denied. Being dissatisfied he has applied to this court for a writ. The sheriff has ...
Views: 4
This is an application for a writ of review in which the petitioner asks that an award heretofore made by the Industrial Accident Commission be annulled. The facts are brief. The petitioner was the only witness examined orally. There was only one additional piece of evidence and that was the medical report. In his application filed with the defendant board the petitioner alleged that on Novembe...
Views: 0
The case at bar is a suit in equity seeking the specific enforcement of a parol agreement to bequeath and devise made by Walt Whitman, deceased. The parties defendant are the heirs and devisees under the will of said decedent and also the executor of said testament. It might be noted, in passing, that since the institution of the action certain defendants have died and substitution has been made. ...
Views: 1
This is an appeal from a judgment in favor of plaintiffs in an action to foreclose a mortgage on real property. Defendants set up fraud as a defense and filed a cross-complaint for damages by reason of said fraud. A short time prior to 1916, plaintiff C.H. Cobb and some other persons organized a corporation named the Peerless Orchards Company, which corporation procured title to a certain tract of...
Views: 0
This is an action to quiet title to real estate in Orange County, fee title to which is vested in respondents. Appellants are here on appeal from a judgment in favor of respondents. Appellants asserted an interest in the property and the right to the possession thereof by virtue of an oil lease executed by respondents as lessors to J.D. Hawk, as lessee, assigned by him to the Bruce Oil Company and...
Views: 1
Appellant, a Mexican boy of fifteen years of age, was convicted of murder in the first degree and sentenced to imprisonment for life in the state penitentiary. He has appealed from the judgment pronounced upon him, and from the order denying his motion for new trial. It appears from the record before us that appellant became enamoured of Rosa Guerrera, a Mexican girl who resided with her relatives...
Views: 9
This is an appeal from a judgment which was rendered pursuant to an order sustaining a demurrer without leave to amend, on the ground that the court is without jurisdiction to approve an accounting in a private trust. The action is based upon a voluntary accounting of an express private trust which was created by a written declaration thereof. The sole object of this accounting appears to have bee...
Views: 1
THE COURT. This is a suit for damages for injuries received as a result of the negligent harboring of an ill-tempered and dangerous dog. The evidence satisfactorily shows the defendants owned and kept in Alturas a medium-sized wolfhound which was over four years of age. The dog had previously attacked other persons. It was known to the neighbors and school children to be ill-tempered. It had a sav...
Views: 6
This is an appeal from a judgment in ejectment rendered against the vendees in possession. The action was for the possession of real estate sold to appellants by respondents under a contract of sale. The *Page 619 appellant vendees made default in various payments and under the forfeiture clause, time being of the essence of the agreement, the respondent vendors elected to declare the contract te...
Views: 3
During the year 1923 the respondent Ada L. Hiatt, a married woman, acquired by grant deed as her separate property certain premises which thereafter continued to stand of record in her name. In July, 1927, the appellant Seyster obtained a money judgment against respondent's husband and in July, 1928, levied upon and caused to be sold at execution sale the real property above mentioned; whereupon r...
Views: 5
This is an application to correct an alleged error in the reporter's transcript involving only one question and answer, which now read as follows: "Q. By the terms of the loan transaction was it stipulated that you was to have possession of the car? A. No, sir." It is sought to correct this to read as follows: "Q. By the terms of the loan transaction was it stipulated that you was to have possessi...
Views: 2
THE COURT. An appeal taken by defendants from a judgment declaring certain deeds signed and acknowledged by Mrs. Clementine H. Manwell in her lifetime to be null and void, and that the administrator of her estate is entitled to the possession of the real property described therein. *Page 601 Mrs. Manwell on January 23, 1923, signed and acknowledged two deeds describing the property involved in th...
Views: 5
The appeals herein are taken by defendants, Bay Cities Transit Company, a corporation, and Lyman M. Hill, from judgments rendered in favor of plaintiffs in two actions separately instituted by each plaintiff. The actions were brought to recover damages for personal injuries alleged to have been sustained in the same accident, and as the same facts relative to the accident, except those pertaining ...
Views: 3
Respondent has moved to dismiss this appeal upon the ground that it is taken from an order granting a new trial in an action which was tried by the court without a jury. [1] It appears that the action was tried by the court, without a jury, and that this appeal is from an order granting a new trial. Under the circumstances named, the order in question was not appealable (sec. 963, Code Civ. Proc.)...
Views: 1
This action was to have a forfeiture declared after breach of condition. The case may be better understood from a general summary of the facts. About the year 1905 Lulu N. Letteau was the owner of real property in the city of Los Angeles, which she subdivided into three blocks of sixty lots each and placed upon the market under the name of "The Entwistle Tract". In the deeds by which the great maj...
Views: 6
Plaintiff brought the within action to recover the sum of $21,600 paid by plaintiff to defendants as fiscal agents for plaintiff in the sale of its capital stock. The plaintiff corporation was organized October 29, 1924, and the first sale of stock was made about February 5, 1925. From the latter date until May 15, 1925, the defendants, together with one Hugh Kelley (these three owning a nominal a...
Views: 0
This is an original proceeding seeking a writ of mandate requiring the respondent court to dismiss an action entitledSchultze v. Morgan. The petitioner alleges that he is the surviving solvent partner in the ownership and possession of a certain boat named the "Saxon"; that said partnership was composed of Louis Morgan and himself; that Morgan was duly adjudged bankrupt and that petitioner is in p...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 556 This is an action to recover a balance due under a contract. The trial court rendered judgment for the defendant and plaintiff appeals from said judgment. On April 2, 1928, respondent entered into a contract with the Southern California Edison Company by ...
Views: 7
This appeal is prosecuted by the defendant from a judgment rendered against it and in favor of the plaintiff in the sum of $2,500 and costs. The facts necessary to an understanding of the discussion of the questions raised are as -follows: Leon Beaumon, the respondent, conceived a device attachable to an automobile in the shape of an arrow, containing a Neon gas-filled tube, means for lighting th...
Views: 0
This is an action brought to quiet title to real property, and the appeal is prosecuted from a judgment in favor of plaintiff. Plaintiff is the surviving husband of Lucy C. Stephenson, deceased. During the married life of said parties a parcel of real property in San Francisco was conveyed to both of said parties, and stood in their names upon the records. It is admitted that said property was pur...
Views: 3
This is an action to recover overdue installments of principal, together with interest and an attorney fee, under the terms of a promissory note. The court awarded plaintiff a judgment in the sum of $1262.66, but deducted therefrom a counterclaim in favor of the defendant in the sum of $1129.38, and entered judgment in favor of plaintiff in the sum of $133.28. From the judgment the plaintiff has a...
Views: 3
This is an action for personal injuries alleged to have been sustained by the plaintiff through the negligent operation of a street-car belonging to the defendant corporation. The cause was tried by the court sitting without a jury. Findings and judgment were entered in favor of the said defendant and the plaintiff has appealed. The appellant has argued three points, either one of which it is clai...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 523 This is an appeal by plaintiffs from a judgment of dismissal entered after demurrers were sustained to the fourth amended complaint, in an action brought by three stockholders of Pacific Stores, Incorporated, a defunct foreign corporation, against the for...
Views: 6
The petitioner, defendant in an action commenced in the Superior Court within and for the County of Santa Barbara, which prayed judgment for money in a sum approximating $500, moved and was granted therein a change of venue to the Superior Court of the County of Los Angeles. Thereafter, on motion of the plaintiff, the following order was entered: "It appearing to the court that the county clerk of...
Views: 5
The action out of which this proceeding arose was one in which the Neale Rainbow Light Corporation was plaintiff and the petitioners were defendants. The plaintiff in that action recovered a judgment as against defendants and petitioners. Petitioners then made a motion for a new trial, which was denied and they then filed a notice of appeal, request for transcript under the provisions of section 9...
Views: 1
The plaintiff had judgment terminating a certain lease entered into between the plaintiff and defendant on the eighth day of November, 1926, and also recovered judgment for damages on account of alleged failure of the defendant to keep and perform the covenants contained in said lease. From this judgment the defendant appeals. *512 The record shows that on the date above mentioned the plainti...
Views: 0
THE COURT. The petitioner seeks a peremptory writ of mandate to compel the Superior Court of Napa County to dismiss an information charging him with murder. The application is based upon alleged failure to prosecute the cause with diligence. The petitioner was arrested December 29, 1929, at Yountville, under a federal process, for violating the prohibition act. In the melee he shot the federal off...
Views: 7
This action was brought to reform a contract for insurance and upon such reformation for judgment for $6,402.50 and costs amounting to $38.50. Judgment was rendered in favor of plaintiff and against defendant reforming said contract and for said sums with accrued interest and costs of suit. From this judgment defendant has appealed. It appears from the evidence that in the years of 1924 and 1925 r...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 482 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 483 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
Views: 8
This case presents another chapter in a long and strange line of litigation over a parcel of real property. On May 20, 1911, this plaintiff deeded the property in question to his wife, Anna Arnoux. On March 20, 1913, he brought an action against his wife to annul their marriage and to annul this deed. On June 24, 1913, Anna Arnoux filed a declaration of homestead on this property, in which she set...
Views: 0
This is an action against two corporations, each named The Empire Gas Fuel Company. One corporation was organized under the laws of Colorado and the other was organized under the laws of Maine. The Maine corporation is the appellant, the Colorado corporation having assigned to the Maine corporation, prior to the incidents complained of, all of its right, title and interest under the lease and con...
Views: 10
This is a petition for a writ of mandamus to require the county clerk of Sacramento County to issue an execution under the provisions of section 1230 of the Probate Code, to satisfy an order for the payment of attorney's fees which were allowed for his services in behalf of an estate. The respondent is county clerk of Sacramento County. The petitioner was an attorney for the estate of Louis W. Mye...
Views: 6
In an action commenced in the Superior Court of Los Angeles County against the petitioners herein, as defendants, the plaintiff, pursuant to all preliminary proceedings the regularity of which is not in question, introduced his evidence and rested. Some years thereafter the same was reset, whereupon the said defendants *Page 459 moved to dismiss the action upon the ground that section 583 of the ...
Views: 3
Appellant, together with one Stalker, was charged with the crime of burglary. The information, which was in two counts, charged that appellant and Stalker entered a store upon two separate occasions, and took therefrom certain automobile accessories. Stalker plead guilty to one of the counts in the information, and appellant entered a plea of not guilty to both counts and was placed on trial. A ve...
Views: 3
This appeal is from a judgment of dismissal entered after plaintiff had declined to amend after demurrer to its amended complaint had been sustained. This is an action brought for the recovery of taxes paid by plaintiff to respondent under protest. The principal question involved in this appeal is the construction to be placed on section 15 of article XIII of the state Constitution. This section w...
Views: 4
This action was brought to foreclose a chattel mortgage. Judgment was rendered for plaintiff and from this judgment defendant has appealed. This appeal is brought up on the judgment-roll alone, and is from the judgment and from the order of the trial court denying defendant's motion to discharge the receiver and pay over to defendant money in the hands of the receiver. The amended complaint is in ...
Views: 1
The action is to foreclose a claim of lien resulting from the performance of certain street improvement work. Plaintiff received judgment and defendant appeals. It will be unnecessary to detail the facts inasmuch as it is not our province to demonstrate why or how the judgment of the trial court was correct. [1] The entire appeal is based upon the claim that the court below erroneously determined ...
Views: 1
This is an original proceeding for a writ of mandate requiring the respondent court to dismiss as against the petitioner herein an action pending before said court entitled Rose Le Mar v.J.A. Dowling et al. *Page 444 The ground upon which the petition herein is based is that said cause was not brought to trial within five years after the filing of petitioner's answer therein and that the dismissa...
Views: 4
This action was commenced in the Superior Court of San Mateo County, California, on a promissory note for $400, dated April 6, 1926. The note was dated "San Francisco", and was made payable to the plaintiff at San Francisco, California, four months after its date. The action was commenced July 22, 1930. An amended complaint was filed on October 15, 1930, which alleged that "at all the times herein...
Views: 2
This is an action for the foreclosure of a mortgage given to secure four promissory notes made payable at different times. The action was filed after the maturity date named in two of the notes but prior to that named in the other two, and at a time when the mortgagors were in default as to the principal of the first two, and as to the interest on all of the notes. This appeal is taken from that p...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 423 The action herein was instituted by plaintiff to recover from defendant Jacobs certain trust funds in the latter's possession, being the proceeds of a sale of personal property transferred to Jacobs by M.M. Lichtenstein and for the purpose of impressing a...
Views: 2
THE COURT. The above action was brought by the administratrix of the estate of Mary E. Havens, deceased, to recover the sum of $2,399.69. The complaint contained three counts, the first two alleging in substance that on *Page 418 January 16, 1928, the deceased had on deposit with the Hibernia Savings and Loan Society the said sum, and on that date signed and delivered an order on the bank to pay ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 410 In an information filed by the district attorney of Fresno County appellant was charged with the crime of perjury. He was convicted before a jury and sentenced to confinement in the penitentiary. The court denied his motion for new trial. He is here on ap...
Views: 3
This cause is before us upon an application of the above-named petitioner for a writ of mandate to be directed to the respondent court, directing and requiring the recall of an execution issued upon a judgment in a certain action theretofore tried in the said court, known as and numbered "action 4587", wherein one J.W. Gilstrap obtained a judgment against the petitioner in the sum of $410 and cost...
Views: 2
This is an action wherein plaintiff seeks to recover for legal services rendered to the defendant corporation. The answer admits the services, but denies that they were rendered at defendant's instance and request or at the instance and request of any duly authorized officer or agent of the defendant, and alleges that any services rendered *Page 403 by plaintiff were contracted for by one W. Doug...
Views: 1
This is an appeal, by bill of exceptions, from an order discharging an order to show cause why further payments for the support of respondent's minor child should not be made. On November 20, 1920, by judgment of divorce between these parties, it was ordered that respondent pay to appellant the sum of $30 a month for the support and maintenance of their minor child. The minor became eighteen years...
Views: 7
In this action to quiet title the trial court entered its decree quieting the title of plaintiff and appellant against defendants with the exception of respondents herein and as to said respondents it decreed that they had a valid materialman's lien upon the premises which was prior to the claim of said appellant. This appeal is taken upon the judgment-roll. The property involved in this action is...
Views: 3
The parties to this action are the same as in the case ofWestphal v. Westphal, ante, p. 379 [10 P.2d 119], this day decided. The present appeal is from an order directing defendant Adolph R. Westphal to pay plaintiff certain sums of money to defray counsel fees and costs of suit. The order appealed from was made after answer and cross-complaint by defendant. Prior to the making of the order in the...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 381 This is an appeal by defendant from an order, made in an action for divorce, allowing plaintiff wife alimony pendente lite for the support of herself and the minor child of the marriage of plaintiff and defendant. The order made was not ex parte, but afte...
Views: 9
W.P. Bartlett died on July 5, 1929, leaving as his only heirs and next of kin a half sister and a half brother, the latter being the contestant herein. He left a will in which, after making certain bequests, he left the bulk of his estate, consisting of about $30,000 worth of property, in trust to three trustees. These trustees were given full power to control and manage the property; to collect a...
Views: 12
This action was brought to annul and cancel a deed of trust. Judgment went for plaintiffs, and the appeal is prosecuted from said judgment. On June 17, 1927, one Tony Ownes filed a suit against respondents herein and Pacific Coast Apartment Builders Corporation, seeking to set aside a deed from respondents to said corporation, upon the ground that the same was executed for the purpose of defraudin...
Views: 0
This is an action brought to cancel a subscription for shares of capital stock and recover the amount paid for the same. A demurrer to the second amended complaint therein was sustained without leave to amend, and judgment rendered for defendant. This appeal is taken from the judgment so entered. From the allegations of the complaint it appears that plaintiff subscribed for thirty shares of prefer...
Views: 3
Appellant was accused by an information, filed by the district attorney of San Bernardino County, of the crime of arson alleged to have been committed on or about the fifteenth day of July, 1931. He was convicted before a jury and his motion for new trial denied. He has appealed from the judgment and the order denying this motion. On July 15, 1931, appellant was living with his wife and child in a...
Views: 0
Plaintiff sued for the specific performance of a contract to sell real property. Defendant had judgment, from which the plaintiff has appealed on type-written transcripts. The contract was in writing upon a form generally used by members of the San Francisco Real Estate Board. When presented to the defendant for signature it read (in part): "Received from Bruce Painter, hereinafter designated as t...
Views: 0
This is an appeal by the defendant, Sue C. Julian, from a decree foreclosing a mortgage made to secure the payment of a promissory note and providing for a deficiency judgment. *Page 355 Attached to the mortgage was the certificate of acknowledgment in regular from of a notary public reciting that Sue C. Julian, known to him to be a party whose name is subscribed to the within instrument personal...
Views: 3
Plaintiff sued for the dissolution of the defendant corporation and for an accounting by its president and controlling director. Defendant Haskell, as a stockholder of the Water Company, filed a cross-complaint praying for an accounting by the corporation, for a restoration of funds "wrongfully" diverted, and for a dissolution of the corporation. The corporation and its directors demurred to the c...
Views: 3
Plaintiff sued to compel the directors of the defendant corporation to dissolve the corporation and to distribute the assets among the stockholders. The individual defendants, together with the plaintiff, made up the entire list of stockholders. The corporation and those defendants constituting the board of directors (who also represented the majority of the stockholders) demurred by general and s...
Views: 3
This is an appeal from a judgment of dismissal of a contest of the election of Mr. John C. Porter to the office of mayor of the city of Los Angeles. Section 1111 of the Code of Civil Procedure provides in subdivision 3 thereof for a contest of election in the following language: "Any elector of a county, city and county, city, or of any political subdivision of either, may contest the right of any...
Views: 1
The plaintiff procured a judgment for $5,000 against the defendants for damages sustained in an automobile casualty. The cause was tried with a jury. This appeal was taken from the judgment and order denying a motion for new trial. The Golden State highway runs southeasterly from Modesto to Merced. The paved portion of this highway is fifteen feet in width with a macadam strip of two and a half fe...
Views: 2
Plaintiff sued for damages for personal injuries received while riding as a guest in the automobile driven by defendant. Upon a trial by jury plaintiff recovered judgment in the sum of $25,000, from which judgment defendant appeals. [1] Before discussing the main contention of appellant, we will first consider other points raised in the briefs. In the opening brief appellant contended that the evi...
Views: 5
THE COURT. An appeal from a judgment entered upon a verdict in favor of plaintiff and against defendant City and County of San Francisco. A judgment in the same action as against Guiseppe Larussa, who was joined as a defendant with the municipality, was heretofore affirmed. (McGlothin v. Larussa, 121 Cal.App. 758 [10 P.2d 118].) The action was one for damages sustained by plaintiff while a passeng...
Views: 1
This is an action to recover certain payments made upon a contract to purchase personal property after a rescission of said contract, based upon the minority of the plaintiffs. The two plaintiffs, together with one Bettencourt, who was not a minor, agreed to purchase from the defendant Cordeiro about 120 head of cattle, with some horses, hogs, poultry and certain farm machinery, for the sum of $12...
Views: 2
In this case the plaintiff and respondent, T.A. Bennington, brought an action against defendant and appellant, National Packing Company, a copartnership consisting of L.A. Chudacoff and Max Goldring, for injuries sustained in a collision with an automobile belonging to the defendants, and driven at the time by L.A. Chudacoff. The case was tried by the court sitting with a jury, and the jury return...
Views: 1
The appeal herein is taken by the plaintiff from a judgment denying to her the relief which she sought by the institution of the action. Plaintiff's complaint, which was filed November 23, 1927, alleged that at all times therein mentioned she was the wife of defendant William Mark; that on April 25, 1923, defendant Title Guarantee Trust Company, being the record owner of the legal title to lot 69...
Views: 3
The plaintiff was awarded an inter-locutory decree of divorce from the defendant and she has appealed and has brought up a typewritten record. The transcript discloses that the plaintiff and defendant married on the nineteenth day of August, 1927. Prior to that date the defendant had been married and had four children. She and her children were residing at 1366 Noe Street in San Francisco. After h...
Views: 4
This is an appeal from a decree for separate maintenance granted respondent, a resident of the state of New York, against appellant, a resident of this state. Appellant had secured a decree of divorce from respondent in Nevada on June 30, 1928, upon substituted service. In the case now on appeal the trial court found that the Nevada decree was invalid for the reason, among others, that appellant h...
Views: 10
THE COURT. This appeal was taken from a judgment entered upon the sustaining of a demurrer to an amended and supplemental complaint, without leave to amend. The action was brought to recover $7,317.04 paid under protest by appellant to respondent as reimbursement for income taxes paid on rental it had received from appellant for the years 1920 to 1923, inclusive. Incidentally, it was for a decree ...
Views: 3
Defendant was convicted by a jury of a violation of section 288 of the Penal Code. A motion for a new trial was made and denied. From the judgment and order denying a new trial, the defendant prosecutes this appeal. The crime for which defendant was convicted was alleged to have been committed on the night of August 1, 1931, between 11 and 12 o’clock, in an automobile which was parked near a ...
Views: 0
This is an action for the alienation of the affections of Dr. Thomas O. Luckett, to whom appellant was married in February, 1907. The parties to this marriage lived together up to some time in April, 1926, when they separated and appellant filed a divorce action on the grounds of adultery and habitual intemperance but, after a trial, a decree of divorce was denied each of the parties. Appellant's ...
Views: 2
Judgment was entered below for the plaintiff, and defendant appealed. The cause of action alleged by plaintiff is one for damages for fraudulent representations made by defendant that he had the title to certain *Page 267 real property which he sold under contract to plaintiff. Plaintiff seeks to recover the purchase price, sums paid for taxes, and for moneys expended upon improvements attached t...
Views: 2
This is an appeal by defendant from those portions of the interlocutory decree of divorce wherein it is adjudged that defendant is the father of the minor child of plaintiff and wherein said defendant is ordered to pay to plaintiff the sum of $15 per month for the support of said minor child. At the time of the trial in 1929 plaintiff was of the age of sixteen years and defendant was of the age of...
Views: 1
This is an action brought to quiet title to real property and for other relief. Judgment went for plaintiff, Edward B. Dement, and the appeal is from said judgment. The facts of the transaction which lead to this action are numerous and involved. We will, therefore, confine ourselves only to those circumstances which are essential to a proper disposition of the case. We are using a singular "plain...
Views: 1
This is an action for damages resulting from the death of Paul A. Mosesian and instituted by the executrices of his last will and testament on behalf of his heirs under the provisions of section 377 of the Code of Civil Procedure. At the trial, one son, Suren P. Mosesian, waived all claims for damages on his behalf. The Crown Cleaners and Dyers, Inc., is a California corporation having its princip...
Views: 1
Action to quiet title to real estate and to enjoin defendants from selling the same under execution. The evidence is without conflict, practically all of the facts having been stipulated to at the trial. The material facts are as follows: Plaintiff was the owner of a lot of land in Los Angeles, improved with a small frame house and garage, upon which he resided. In April, 1926, a collision occurre...
Views: 4
This is an appeal from an order denying a motion to vacate a judgment. The motion was presented pursuant to section 663 of the Code of Civil Procedure. The evidence is not before this court. *Page 239 It is contended the findings are in irreconcilable conflict and that they do not support the judgment. The complaint alleges that plaintiff secured a judgment for $1103.44 against Yuba City Steam La...
Views: 3
This is an appeal from a judgment in plaintiff's favor. The cause of action as joined involved an accounting between the parties, and the trial court referred the matter to a referee, to be "heard, tried and determined". Pursuant to this order, hearings were had and the referee made and filed her report and findings with the court. [1] Thereafter, and on the date fixed for the hearing of said refe...
Views: 0
This is the second appeal in the above-entitled action. (London v. Robinson, 94 Cal.App. 774 [271 P. 921].) After the remittitur went down and was received in the trial court the action was again called for trial. No amendments to the pleadings were made. The plaintiff offered certain evidence to which objections were made and sustained. After the plaintiff rested the defendants made a motion for ...
Views: 1
From an order granting a nonsuit in favor of the owner in an action to foreclose a mechanic's lien the plaintiff has appealed. [1] As stated in the plaintiff's opening brief and conceded in defendant's brief, the appeal involves only one question, which is: ". . . whether or not there is a material variance between the pleading of the contract and the proof thereof and also whether or not there is...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 223 The defendant was charged with the crime of grand theft in an information, the charging part of which read as follows: "The District Attorney of the County of Fresno hereby accuses T.S. Murakami of a felony to-wit: Grand theft in that on or about the 15th...
Views: 5
This is an action for divorce involving a settlement of the rights of the parties in real property. The trial court in its interlocutory decree of divorce decreed that respondent was entitled to a divorce on the ground of extreme cruelty and disposed of various interests in the properties. While the appeal is taken from the entire interlocutory decree, the only issue presented here and which it is...
Views: 0
This is an action to quiet title. On July 21, 1923, the plaintiff and her husband, F. A. Thomas, as vendees, entered into a contract to purchase the real property in question. On January 9, 1925, her husband assigned his interest in this contract to the plaintiff and she subsequently received a deed to the property. Some time after January 9, Í925, this defendant recovered a judgment against the ...
Views: 1
THE COURT. This is an action to recover damages alleged to have resulted from a libel. The trial was commenced before a jury. Upon the calling of the first witness, defendants interposed an objection to the taking of any evidence, upon the ground that the complaint did not state a cause of action and that said complaint on its face disclosed the cause of action to have been barred by the statute o...
Views: 9
Respondents recovered judgment in the sum of $20,060 for damages suffered by both of them in an automobile collision which occurred on June 30, 1929, in Imperial County on the Ocean-to-Ocean Highway connecting the cities of Brawley and Los Angeles. Appellants made a motion for new trial which was denied. They have prosecuted this appeal from the judgment entered upon the verdict of the jury. Appel...
Views: 0
Carrie E. Caunter, now deceased, brought this action for the purpose of annulling a deed and an assignment of a contract to purchase, covering certain property in Los Angeles, California, on the grounds of fraud and forgery of deed and assignment, also to annul a deed to defendant and appellant herein, covering 160 acres of land in Hale County, Texas, on the grounds of fraud and lack of considerat...
Views: 0
This is an appeal from a judgment against the plaintiff in an action upon an assigned contract for the payment of broker's commissions for the sale of real estate. [1] The defendant owned 312 lots in tracts 5320 and 5344 of Los Angeles. O.B. Smith was a duly licensed real estate agent. He was employed to sell these lots at specified prices. The contract provides for the payment of broker's commiss...
Views: 0
The defendants had judgment in the court below and plaintiff appeals therefrom. Plaintiff, the owner of a so-called service station, leased the same, together with equipment, to defendants Merrill and Jessup for a term of years. The lessees at the time of the execution of the lease deposited with the lessor a sum equal to the rent for the last three and one-half months of the lease. Among other pr...
Views: 6
On this appeal neither the city prosecutor of the city of Los Angeles nor any other attorney qualified to represent the respondents herein has seen fit to file a brief on behalf of the respondents. The facts appear to be that following the conviction of a defendant in a criminal action in the municipal court judgment was rendered to the effect that she pay a fine of $500, or that she serve fifty d...
Views: 0
The petitioner herein is the owner of a tract of land comprising some 5,000 acres of land situate within the exterior boundaries of the Madera Irrigation District in Madera County. At the time the proceedings were being taken and had for the organization of the Madera Irrigation District, petitioner filed a protest against the organization of the district, and also a petition for the exclusion of ...
Views: 2
The appealherein is taken under what is known as the “alternative method”, as provided by section 953a et seq. of the Code of Civil Procedure. No attempt is made by appellants to comply with that part of Rule VIII of “Rules for the Supreme Court and District Courts of Appeal”, which provides that: “The briefs must present each point separately, under an appropriate heading, showing the nature...
Views: 0
As faras are pertinent to the conclusion reached herein, the facts appear to be that by the terms of an executed written instrument plaintiff leased to defendant and defendant hired from plaintiff for a term of years a portion of a building owned by plaintiff “for the purpose of conducting and carrying on the business of dealing in new and used cars and service same1 ’. At the time the lease was ...
Views: 0
The action involved here was filed by the petitioner as plaintiff against Clifford F. Reid, Inc., a corporation, and J.P. Treleven, defendants, in the Superior Court in and for the County of Los Angeles. The complaint was in two counts, the first count setting up a cause of action based upon fraud alleged to have been *Page 454 practiced upon plaintiff by defendants in the procuring from her of a...
Views: 7
This is an appeal by defendants from a judgment entered against them, respondent having sustained personal injuries in a collision with an automobile, *Page 451 owned by appellant O'Neill, and driven at the time of the accident by appellant Webb. The accident, concerned in this action, occurred in the city of Los Angeles upon Washington Boulevard. At the place where the accident occurred there is...
Views: 0
This is an appeal from a judgment in favor of respondent for $63,000. Plaintiff's claim is predicated on a charge of usury. The facts, as appear from the complaint and from the transcript of the evidence in the case, are as follows: Respondent and appellant were, and for a number of years had been, friends. Respondent lost his wife in December, 1925, and was in financial straits. This was known to...
Views: 0
The action was brought upon an account stated. Defendant denied specifically the allegations of the complaint and in addition to his denials set up other grounds of defense, not necessary to detail. The court below found that the allegations of the complaint to the effect that defendants were indebted upon an account stated were untrue and expressly declined to make any further findings of fact. I...
Views: 1
The defendant was convicted of a felony, to wit, violation of section 538 of the Penal Code, in that, on or about the thirtieth day of May, 1931, in the county of Merced, the defendant executed and delivered a mortgage upon certain personal property, to wit, Caterpillar-30 tractor No. -5940, of the alleged value of more than $200, upon which property there was, at the time of the execution of the ...
Views: 6
The plaintiff is a corporation engaged in operating a ranch near the city of Los Angeles *Page 424 and is primarily engaged in feeding hogs. Heretofore the defendants were awarded a contract to remove garbage from that portion of the city of Los Angeles designated as the Eagle Rock District and the Lankershim District. After obtaining that contract the defendants and the plaintiff entered into a ...
Views: 1
Heretofore the petitioners were employed as probationary teachers by the Board of Trustees of the Pittsburg School District. Prior to the tenth day of June, 1931, the clerk of the district deposited in the *Page 420 mails of the United States written communications directed to the petitioners advising the petitioners that their services would not be needed during the ensuing year. Said letters we...
Views: 10
THE COURT. An action to quiet plaintiff's alleged title to certain real property described in the complaint as lot 24 in block 131 according to that certain map entitled Resubdivision of Block 131, as per Keller Berger's Map of Oakland, Alameda County, California, filed February 27, 1890, in the office of the county recorder of Alameda county. The action was against M.L. Emerson as trustee under t...
Views: 5
Appellant instituted her action in the court below seeking to enforce an alleged trust in all of the property of the estate of Marie Lagier, deceased, of which estate the Security Trust Savings Bank is executor. The respondents, Sarilda Peebles, Louise Baille, Desire Guillemer and Emmanuel Guillemer were the legatees under a will of Marie Lagier which was admitted to probate. Appellant and Marie ...
Views: 2
The plaintiff had judgment in an action to abate a nuisance, from which judgment the defendant appeals. The nuisance complained of consisted in the operation of a dairy, breeding and propagating dairy cattle and maintaining hogs in a pen on appellant's property in front of and just across the public highway from the respondent's dwelling-house. The record shows that the appellant and respondent ea...
Views: 1
The plaintiff prosecutes this appeal from a judgment rendered against her in an action for personal injuries resulting from an automobile accident. The material facts adduced by respondent and which in opposition to the claim of appellant he now asserts support the verdict of the jury, are as follows: The appellant was accompanying respondent and a Mrs. Shoemaker, on a weekend trip to California H...
Views: 9
This causeis before us upon an appeal from an order of the trial court dated July 22, 1929, filed nunc pro tunc as of May 2, 1929, denying a petition theretofore filed by the appellant on the ninth day of February, 1927, praying that an order be made modifying a decree adjudging water rights and providing for the division of certain waters, dated July 29, 1929, as amended by an order...
Views: 0
This is a proceeding for declaratory relief. Plaintiff had judgment and the defendant Los Feliz Investment Co., Ltd., appeals upon a typewritten transcript. The controversy arises out of a transaction for the sale of oil properties located in the Santa Fe Springs district. On March 1, 1929, the Los Feliz Investment Company, Ltd., sold the property to C.G. Willis for the full sum of $1,000,000, $12...
Views: 9
Plaintiff brought this action seeking rescission of a contract to purchase real estate and the return of money paid thereunder. The cause was tried by the court sitting without a jury and from a judgment in favor of plaintiff, defendant appeals. The property was located in the city of Burbank and was known as lot 14 in tract No. 9748, as shown on the official map of said tract recorded in the offi...
Views: 7
The record in this cause shows that the above-named Roy Rodgers, a person having suffered three prior convictions for felonies, was on the twenty-first day of June, 1928, found guilty of violating section 2 of chapter 339 of the Statutes of 1923, for which offense he was sentenced *Page 371 to the state prison at Folsom. Thereafter, and on the second day of September, 1931, the state board of pri...
Views: 6
The petitioner and contestant were husband and wife and Bernice Louise Smith, the minor, who was eight years of age at the time of the trial, had lived with them since she was about two weeks old. However, she had not been legally adopted. At or about the same time that a complaint for divorce was filed, Mrs. Emme filed her petition to be appointed guardian of the estate and person of the minor, t...
Views: 2
Claiming to be a creditor of the respondent corporation, appellant sought by this suit to enjoin the execution of a money judgment theretofore obtained against said corporation by the respondent Turner. The trial court sustained a demurrer to the complaint and dissolved a restraining order previously issued. Appellant declined to amend the complaint, and judgment was entered in favor of respondent...
Views: 1
The defendant was charged with a violation of the Narcotic and Drug Act (see Deering's Supp. to Codes Gen. Laws, 1929, p. 3542), and also with a prior conviction of burglary. He admitted the prior conviction, but entered a plea of not guilty to the charge of violating the Narcotic and Drug Act. He was found *Page 363 guilty and sentenced. He appeals from the judgment and order denying his motion...
Views: 14
From a judgment in favor of plaintiff, defendant appeals. The accident, which is the basis of the action, occurred at the intersection of Union Street and Venice Boulevard in the city of Los Angeles. Plaintiff Bell, with plaintiff Smith as a passenger, was driving his automobile south upon Union Street, while defendant was driving in an easterly direction on Venice Boulevard. The two streets do no...
Views: 1
Heretofore the plaintiff and and defendant were partners; an application to dissolve the partnership was presented to the court and a receiver was appointed; after the appointment of the receiver, the plaintiff, who had theretofore been the managing partner, was named as manager under the receiver; while so acting she suffered personal injuries caused by the defendant and commenced an action to re...
Views: 6
THE COURT. An interlocutory decree of divorce was granted to Sophia Willen (sometimes known as Sophie Willen) upon her cross-complaint against respondent Samuel Willen on the ground of extreme cruelty. Appellant was awarded the sum of $40 per month for the support of herself and children of the marriage. Respondent was receiving certain disability benefits amounting to $150 each month from two ins...
Views: 7
The appellant was charged in the information with the crime of murder and convicted of manslaughter. He appeals from the judgment and order denying his motion for a new trial. At the trial the appellant relied on the plea of self-defense. There is no question on this appeal, and there could not be, as to the sufficiency of the evidence to support the verdict. There was testimony in the record to t...
Views: 10
This action was brought by appellant D.B. Rose, Inc., a corporation, as assignee of Canavan Motors Corporation, against Hodge Transportation System, a corporation and a creditors' committee (not necessary to name). F.M. Hodge was made a defendant also, and a large number of creditors of the Hodge Transportation System, a corporation, were also made defendants. The amended and supplemental complain...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 327 This is an action for damages for fraudulent representations in the sale of real estate. The plaintiffs exchanged certain real property owned by the defendants Jones, the defendant Stockwell acting as the agent of both parties and also acting as escrow-ho...
Views: 6
This is an action against a notary and the surety upon her notarial bond to recover damages alleged to have been suffered through the making of a false certificate of acknowledgment. A demurrer to the second amended complaint, filed by the surety, was sustained without leave to amend and from a judgment which followed in favor of the surety, this appeal is taken. The complaint alleges that the pla...
Views: 2
This is an appeal by defendants The Owl Drug Company and William E. Smith, an employee of said company, from a judgment upon a verdict awarding to plaintiffs the sum of $25,000 as damages for false imprisonment of plaintiff Smiles Elsie Dowdell. Mrs. Dowdell was employed by The Owl Drug Company as saleswoman, and defendant Smith was employed by said company as an investigator. On March 19, 1928, d...
Views: 13
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 312 Appellant sued to recover the possession of certain furniture or its value, together with damages for its detention. After trial by the court, respondent recovered judgment for the value of the furniture, less rent due appellant. Claiming that respondent'...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 304 A petition for rehearing herein was granted because we entertained some doubt concerning the correctness of the opinion heretofore filed, but upon further consideration we have concluded that the original opinion was correct, and it is now adopted as the ...
Views: 9
An interlocutory decree of divorce was entered in favor of plaintiff and she was awarded alimony in the sum of $250 per month. No appeal was taken by either party from the portions of the decree above mentioned, but plaintiff appeals from the remaining portions of the decree wherein it was adjudged that there was no community property, that certain real property therein described was the separate ...
Views: 4
On June 1, 1925, Arley F. Darnielle and Edna Darnielle executed a promissory note and trust deed on real property securing the same in favor of Robert A. Klein Company. The note was in the sum of $2,650, payable in installments of $35 per month with interest at eight per cent per annum. The note and trust deed were on July 7, 1925, sold to appellants by Robert A. *Page 295 Klein Company for $18...
Views: 1
The petitioner seeks to set aside an order of the respondent court granting a new trial in an action in which she was the defendant. It is conceded that the original action referred to is one in which the plaintiffs were entitled to a jury trial unless this right has been waived by them. After that case was at issue and on November 28, 1930, the plaintiffs therein served and filed a memorandum of ...
Views: 3
This is an appeal from a judgment entered upon the rendering of a verdict for damages for personal injuries which were sustained by the plaintiff as the result of an automobile casualty. The negligence of the driver of defendants' automobile is admitted. Liability for the injuries sustained by the plaintiff and for damage to his machine are also conceded. It is contended the plaintiff was only sli...
Views: 4
Plaintiff sued to enforce a lien for materials. Judgment went for defendants and plaintiff appeals on typewritten transcripts. The defendant Estate of D. F. Hill, Inc., as owner, entered into a contract with a general contractor for the construction of a building, the general contractor entered into a subcontract with defendant Independent Automatic Sprinkler Company for the installation o...
Views: 0
Plaintiffs sued for damages for the death of Taza M. Hughes. The jury returned a verdict for plaintiffs in the sum of $24,500, and from the judgment on the verdict the defendants appeal upon typewritten transcripts. The defendant railway company operates a main line railway through Contra Costa County which is crossed at a flag station known as Nichols by a private road running to the plant of the...
Views: 3
A jury awarded respondent damages in an action for alleged malpractice and judgment was entered *Page 266 accordingly, from which this appeal was taken. The amount of the award is not questioned, but as grounds for reversal appellants contend that the evidence is insufficient to establish liability on their part, and that the trial court erred in ruling upon the admissibility of certain evidence....
Views: 9
On the tenth day of May, 1929, C.D. Atkins was appointed administrator of the estate of Cleveland Atkins, deceased, and thereupon qualified as such administrator, and ever since has been and now is the duly appointed and acting administrator of the estate of said deceased. On the sixth day of September, 1929, C.D. Atkins was appointed guardian of the persons and estates of Roy Cleveland Atkins and...
Views: 8
The deceased, Della S. Arnold, died on August 25, 1930, and on the same day her brother found in a drawer of deceased's desk a will she had made in 1926, with the last page, which had borne her signature, missing. A carbon copy of the will was found in her safe deposit box and there was also a copy thereof on file with the Citizens National Trust Savings Bank of Los Angeles, which was named in th...
Views: 6
The petitioner seeks to annul an award of the Industrial Accident Commission in favor of the respondent, Thomas Gum. On September 8, 1930, Gum was employed by the petitioner and was assisting in the repair of a pump upon premises owned by the petitioner, and on that day he sustained an injury to his left hand and forearm causing an amputation thereof about six inches below the elbow-joint. After ...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 230 The facts leading up to this controversy are briefly: On July 19, 1926, the respondent was operating a freight train in interstate commerce in Riverside County, California, and transporting freight in a westerly direction toward Los Angeles, California. L...
Views: 11
The facts leading up to this case are briefly that on the eighth day of May, 1927, Gilbert Angrimson owned a Buick automobile. This automobile was being driven by one Wilson Parker, who was then a boy of the age of fifteen years, four months and twenty-nine days. While he was driving the car an accident occurred in which the plaintiff and respondent herein, Helen Sears, sustained injuries. The res...
Views: 11
The action was commenced to recover possession of a certain real property operated as a mine, plaintiff claiming possession by virtue of the terms of a written lease from the owner Kremmel, one of the defendants. In the complaint plaintiff sought damages for withholding in addition to his demand for possession. At the trial, however, all claims were abandoned other than the one for possession. The...
Views: 0
THE COURT. This is an original proceeding in mandamus asking that the trial court be directed to grant petitioner's motion to offset his judgment against a judgment for the defendant in an action entitled Layne v. Kirby. In the action referred to petitioner as plaintiff commenced an action for libel in which the demurrer of defendant Kirby was sustained. Plaintiff appealed to the Supreme Court, wh...
Views: 1
Respondent, the surviving widow of the deceased, petitioned for an order setting apart a probate homestead claiming that the property was community property. Appellant, a daughter of the deceased by a former marriage, filed her written objections denying that the property was community property. Upon the hearing the trial court found that the property was community property and ordered that it be ...
Views: 9
This is an appeal by plaintiff from the order of the trial court granting defendant's motion for a new trial upon the ground of insufficiency of the evidence to sustain the verdict. The action was one for damages for personal injuries arising out of a collision between a motorcycle upon which plaintiff was riding as the guest of the driver and an automobile driven by defendant. The accident occurr...
Views: 6
This is a proceeding in certiorari to review the question of the jurisdiction of the Superior Court of Yuba County in the reversal and entry of a judgment on appeal from a justice's court which was taken upon questions of law alone. The G. H. Commercial Service Corporation brought suit against K. and C. Osida, husband and wife, in the Justice's Court of Marysville Township, Yuba County, for the v...
Views: 0
The respondent has made a motion to strike the transcript and to dismiss this appeal on the ground that the transcript was filed more than forty days after the settlement of the bill of exceptions. And it is true that the transcript was sixteen days late, having been filed on October 9, 1931. However, the notice of motion to dismiss was not given or filed until October 29th and for that reason th...
Views: 0
Prior to the sixth day of July, 1928, the appellant was charged by complaint, and pursuant to a preliminary examination was held to answer to the superior court upon three counts of grand theft. On said date the district attorney of Los Angeles County filed and caused him to be arraigned upon an information charging said three offenses, and, in addition thereto, five other crimes of grand theft sh...
Views: 8
This action was brought to declare void and annul plaintiff's application for a certificate of membership in defendant's organization, also a contract alleged to have been executed in connection with the said membership, and to cancel a note given in payment of the fee owing defendant for said membership, and to recover the sum of $66.77 paid thereon. Plaintiff had judgment declaring void said mem...
Views: 2
This is an action in ejectment. The trial court made findings in favor of the plaintiff and from the judgment entered thereon the defendant Francisca Sepulveda Burrows has appealed, and has brought up typewritten transcripts. On the trial the plaintiff introduced documentary evidence consisting of deeds showing on their face a chain of paper fee title back to Arcadia de Baker in 1897. The plaintif...
Views: 0
This is an appeal from a judgment for plaintiff for $779.47, the balance found by the court to be due for services performed under a contract with defendant at the rate of $95 per eight-hour day. The plaintiff contracted to furnish the necessary equipment and with such equipment to transport the salvaged pieces of *163 steel from the wreck of the steamship “Coos Bay” in the Golden Gate in San F...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 149 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 150 This is an appeal from a judgment rescinding the sale of real estate and personal property and canceling the i...
Views: 11
THE COURT. The above action was brought upon a claim for damages to plaintiff's automobile arising out of a *Page 145 collision with an automobile owned and operated by defendant, it being alleged that the damage was caused by the latter's negligence. Defendant denied the allegations of the complaint, alleged that the damage suffered by plaintiff, if any, was due to his contributory negligence, a...
Views: 0
This appeal is from a judgment refusing to impose a personal liability upon respondents and refusing to declare and enforce a vendor's lien upon certain real property. Concerning the facts of the case there is, with one exception which will hereinafter be noted, no material dispute. On April 12, 1923, Guiseppe and Emilia Valpreda entered into a written contract with Otis and Ida Vestal wherein the...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 120 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 121 In this case the plaintiff and respondent brought an action against Gus Chambon and State Farm Mutual Automobi...
Views: 6
This action was brought to recover for services rendered in preparing preliminary plans and specifications for the erection of a building. In a first cause of action it is alleged that "the defendant employed the plaintiff to prepare the design, drawings, plans and specifications, and estimate the cost of the building hereinbefore referred to, and to do all the engineering, architectural and other...
Views: 10
The district attorney of Fresno County filed two informations in the court below charging Mangal Singh with felonies. One charged the defendant with committing the crime of sodomy upon a fifteen year old boy whom we will hereafter refer to as Vernon. The other information contained two counts, the first of which charged him with attempting to commit sodomy upon a boy whom we will refer to as Boyd,...
Views: 11
The defendant B. T. Cowgill was charged by an information filed by the district attorney of Merced County with the crime of grand theft. He entered a plea of not guilty and went to trial before a jury. The jury found him guilty of petit theft. A motion was made for a new trial and denied by the trial court. Defendant was thereupon sentenced to imprisonment in the county jail of Merced County for ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 94 From a judgment rendered against it and others, in favor of plaintiff, the defendant Ambassador Park Syndicate and certain individual defendants appeal to this court. As far as concerns the complaint in the action, it is based upon a non-negotiable promiss...
Views: 10
Appellant, who was plaintiff and cross-defendant below, in April, 1928, made with respondent a contract to purchase from respondent walnuts to be grown during that season. The terms of this contract are somewhat uncertain, and this uncertainty, it would seem, was one of the causes leading to this controversy. Appellant in his complaint alleged a breach of this contract by respondent in that respon...
Views: 1
Plaintiffs had judgment below and defendants appeal. Plaintiffs and defendant Clark were the owners of adjoining lots in the same tract. Along the north line of defendant Clark's lot and the south line of plaintiffs' lot there were installed certain conduits for telephone and power wires. Defendant Clark, being desirous of selling her lot, arranged with plaintiffs to sell the north half of their l...
Views: 0
Plaintiff brought this action to rescind a contract for the sale of real estate entered into with defendant Robert R. Fraser, and for damages in the event that the property conveyed by virtue of said contract could not be reconveyed to her. She alleged that the conveyance of said property was secured from her by the fraud of the defendants, all of whom had entered into a conspiracy *Page 81 to de...
Views: 2
Plaintiff brought this action seeking damages and the rescission of a contract to purchase 500 cases of dates. Defendants answered and filed a cross-complaint seeking damages for breach of the contract. The cause was tried by the court sitting without a jury and from a judgment in favor of defendants, plaintiff appeals. The sale was negotiated by a Mr. Hatton, who had originally imported the dates...
Views: 2
This is an appeal by a notary public and her bondsman from a judgment for damages caused by her attaching her certificate of acknowledgment to a certain deed of reconveyance purporting to be, but not in fact, signed by one R. Hummel. On October 27, 1925, the title to the real property in question was in Daisy Grisham. On that date Daisy Grisham executed and delivered two deeds of trust of such rea...
Views: 5
The action was to recover a balance claimed due ■ to plaintiff from defendant pursuant to the terms of a written contract, of which hereinafter. 'The proceeding became really one of accounting and after trial the court below awarded judgment in favor of plaintiff and against defendant in the sum of $385.42. The defendant appeals. On the twenty-first day of December, 1928, plaintiff and defendan...
Views: 0
The appellant was charged by an information filed by the district attorney of San Diego with the crime of robbery. To this charge he entered a plea of not guilty, and was thereafter tried by a jury and found guilty of the crime of robbery in the first degree. He thereafter made a motion for a new trial, which motion was by the court denied and judgment pronounced in accordance with the law. The ap...
Views: 11
The defendants were jointly charged in an information which will be hereafter referred to as the first information, with the crime of grand theft, it being alleged that they wilfully, unlawfully and feloniously took the sum of $10,000, being the personal property of Charles Joachim and Ida Joachim. They were also charged in a second information with the crime of grand theft, this information conta...
Views: 15
Motion to dismiss appeal. The grounds of the motion are that no transcript of appeal has been filed by appellants within forty days from the date of settlement of appellants’ bill of exceptions. It is conceded that a bill of exceptions was prepared by appellants and presented for settlement to the judge who presided at the trial. This bill of exceptions was so presented on September 15, 1931, bei...
Views: 1
On August 1, 1923, appellant was the owner of a tract of land containing approximately fifty-six acres, situate in the county of Los Angeles, lying a short distance easterly from the Torrance oil-field. On that date, appellant made a lease of this property to respondents Wilkes and Titus. This lease granted lessees the exclusive right of prospecting said premises for oil and gas, and of drilling f...
Views: 4
This is an appeal by the California Trust Company, the contestant below, from a judgment and decree terminating the trusts created by the will of Laura E. Hubbell, deceased, and ordering distribution of the trust estate to Chauncey E. Hubbell, petitioner below and respondent here. The facts, in so far as they are pertinent to this appeal, are as follows: Laura E. Hubbell died on November 15, 1925,...
Views: 20
This matter comes before this court on a writ of certiorari to review an order of the Superior Court of Los Angeles County, adjudging the petitioner to be in contempt of court, for having violated a restraining order issued in connection with an order to show cause why an injunction pendente lite should not be granted in the case of Skillington v. Melberg et al., then pending in the Super...
Views: 2
This motion to dismiss an appeal by defendants from an order denying their motion to vacate and set aside an order granting a motion for a new trial (made after entry of a judgment of nonsuit in favor of the defendants) is made upon the ground that "the appeal attempted to be taken is from an order which is not appealable". When this motion to dismiss appeal was first made we denied it (117 Cal.Ap...
Views: 0
This is an action to have canceled and delivered up to the plaintiff, a certain promissory note executed by it in favor of the defendant in the principal sum of $15,023.77. There are three separate counts in the complaint. The first count alleges that said note was given without consideration. The second count alleges that subsequent to the execution of said note the consideration therefor, if ...
Views: 0
Plaintiff brought two actions, one to quiet title and the other in ejectment. Defendant Clarice Dawson was the sole defendant who appeared and answered. The causes were tried together by the court sitting without a jury and from judgments entered in favor of plaintiff in both cases, defendant appeals. [1] Respondent claims through a deed from defendant Frances E. Dawson, the predecessor in interes...
Views: 0
This is an appeal from a judgment sentencing the defendant for the crime of robbery and from an order denying his motion for a new trial. The trial was upon the issue raised by the plea of not guilty by reason of insanity, the defendant having entered the plea of guilty. But two reasons are assigned why we should reverse the judgment, the first being that the court refused consideration of the ins...
Views: 5
THE COURT. On November 15, 1928, the will of Solomon Sandman, deceased, was admitted to probate in the Superior Court in and for the City and County of San Francisco, and letters testamentary thereon issued to I. Levy. The will in question was dated July 18, 1928, and the testator died on October 23, 1928. By its terms there was bequeathed to Henrietta Marks, the daughter of the deceased, the sum ...
Views: 7
This is an action instituted to establish the claim of appellant to a five per cent “over-riding royalty” clear of operating and maintenance expenses, in the oil, gas *3 or other hydrocarbon substances produced from 120 acres of land described in a government oil lease in Kern County, California. The terms of the lease are similar to those usually found in government oil leases exe...
Views: 4
[1] This case involves the identical questions raised and passed upon in Rutledge v. Dominguez, City Clerk, etc., (Civil No. 8375), ante, p. 680 [10 P.2d 1027], and for the reasons stated in the opinion rendered this day therein, the order has been made denying the peremptory writ of mandate with the reservation that this opinion would be later filed. Works, P.J., and Craig, J., concurred. *Page ...
Views: 1
MEMORANDUM CASES. THE COURT. Appeal from a judgment entered in favor of plaintiff upon a verdict against the city and county of San Francisco. The action was one for damages for personal injuries sustained by plaintiff while a passenger in a bus operated by Guiseppe Larussa, which on November 22, 1929, came into collision with a truck owned and operated by the municipality....
Views: 1
This is an action brought by the heirs of Mosek Mosekian, deceased, to recover damages for his death alleged to have been caused by the negligence of defendant and respondent. The jury returned a verdict in the words and figures as follows: "We, the Jury in the above-entitled action, find for the plaintiffs and against the *Page 776 defendants and assess plaintiffs' damages in the sum of $0 (noth...
Views: 2
The complaint filed by the plaintiff in this action set forth two causes of actions: First: For a judgment on overcharges relative to certain dealings had by the plaintiff and his assignors with the defendant. Second: Judgment for damages by reason of being prevented by the defendant from threshing certain crops for which the plaintiff and his assignors had contracts. The plaintiff had judgment fo...
Views: 0
While this appeal is presented without a transcript of the evidence upon which the court based the order appealed from, it appears that the deceased made a will in the year 1914; that in April, 1920, he made another will, revoking that of 1914, following this by the execution of two codicils, one in April, 1924, and one in January, 1929, about three months prior to his death. The will of 1920 and ...
Views: 2
The defendant was convicted of burglary in two cases which were consolidated for trial. The informations charged certain prior convictions. Upon appeal to this court it was determined that the verdicts of conviction should be sustained, but that the defendant was entitled to a new trial upon the issues with respect to certain former convictions. Therefore, it was ordered that the order denying def...
Views: 11
Plaintiff recovered judgment against defendants, who are husband and wife. The wife only appeals from this judgment. The appeal is based upon the judgment-roll. The action, denominated by the plaintiff as an "action for damages for withholding real property", was instituted by plaintiff in his capacity as trustee. Riveroll, for whom plaintiff was trustee, had been declared a bankrupt on October 26...
Views: 1
The action upon which this appeal depends was brought for the purpose of recovering a judgment against the defendants for a deficiency which represented the difference between the face value of a promissory note which was secured by a deed of trust of certain real property and the price for which, under the provisions of said trust deed, the property was sold. The principal defense to the action w...
Views: 2
This is an appeal from an order dismissing the above-entitled action because of plaintiff's laches and neglect in the prosecution of the proceeding. The original complaint was filed July 21, 1920, in the county of Marin; demurrer was interposed December 24, 1920; change of venue was secured to the city and county of San Francisco March 19, 1921; demurrer was sustained January 12, 1923; an amended ...
Views: 3
In this action in ejectment and to quiet title defendant had judgment, from which judgment and the order denying plaintiff's motion under sections 663 and 663a of the Code of Civil Procedure plaintiff appeals. The background of this litigation is found in the dealings of plaintiff, an attorney at law, with certain Mexicans who had little ability to understand the English language and had little or...
Views: 5
This is an appeal from an order terminating proceedings to obtain the reporter's transcript provided for by section 953a of the Code of Civil Procedure. In an action for personal injuries verdict was rendered for defendant on June 17, 1926. Judgment was entered on the verdict on June 17, 1926. A notice of motion for new trial was given, but the motion was not pressed. Notice of appeal was given Au...
Views: 0
A judgment was issued in this cause whereby the defendant was "enjoined, restrained and prohibited from entering, using or occupying Lot 10, Block 3 of the Oswald Home Tract, a Subdivision of the City of Los Angeles, County of Los Angeles, State of California, otherwise known as and called `160 E. 45th Street, of the City of Los Angeles', until March 16, 2025." From this judgment the defendant app...
Views: 0
This is a case where the plaintiff claims the defendant was guilty of negligence in driving an automobile in such a manner as to inflict damages upon the plaintiff. The jury rendered a verdict against the defendant for $500 damages. The defendant claims the court erred in refusing to give certain instructions; that there was insufficient evidence to support the verdict, and that there was contr...
Views: 0
Petitioner was on March 2, 1932, tried and convicted in the Superior Court of Los Angeles County of the crime of contributing to the delinquency of a minor (sec. 21, Juvenile Court Act), and sentenced to serve two years in the county jail, the last year of such sentence to be suspended. The sole contention of petitioner is that the superior court had no jurisdiction of the subject matter and that ...
Views: 3
MEMORANDUM CASE. This is a companion case to Campbell v. Title Guarantee Trust Co. (No. 8218), ante, p. 374, [9 P.2d 264], the opinion in which has been this day filed. This action was instituted by plaintiff to quiet title. By way of defense defendant alleged in her amended answer the same facts which she set forth in her amended complaint for rescission in the other actio...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 748 This is an action to quiet title. It was filed by respondents on June 20, 1929. Appellants asserted and defended upon the grounds of an interest in and the right to the possession of the property in question under a contract of purchase and sale made with...
Views: 9
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 732 These two actions were brought by Harry Siskin, doing business as the Angeles Furniture Manufacturing Company, to recover the possession of certain furniture in the possession of defendant Dembroff in the one case, and certain other furniture in the posse...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 721 This is an action by plaintiff to recover damages for personal injuries sustained by him. Plaintiff's complaint set out a cause of action against the following defendants: Sun-Maid Raisin Growers Association, a corporation, Sun-Maid Raisin Growers of Cali...
Views: 2
The petitioner was convicted of vagrancy December 22, 1931, in the Justice's Court of Township Number Two, Merced County. He was sentenced to six months' imprisonment in the county jail. His sentence was suspended and he was thereupon released on probation on condition that he would leave Merced. He failed to do so. Without warrant or formal charge of violating his parole, he was re-arrested Decem...
Views: 6
Plaintiff had judgment against the defendant in the sum of $430. From this judgment the defendant appeals. Three hundred and thirty dollars of said judgment represents the value of certain sows taken by the defendant, found by the court to belong to the plaintiff, and $100 of said judgment represents the damages caused the plaintiff by the act of the defendant just stated. The record in this ...
Views: 0
The estate of the deceased inventoried at a little over $4,000. Appellant filed a claim, evidenced by a promissory note signed by the deceased, in the sum of $15,000, which claim was allowed. Thereafter United States National Bank, payee of the said note and appellant herein, brought an action upon the note against Mary E. Connell, who also happens to be the administratrix of the estate herein, as...
Views: 0
This is an appeal by defendant from a judgment in favor of plaintiff in the sum of $2,402.87. We need only consider the count of the complaint alleging the indebtedness of defendant upon an open book account for goods sold and delivered to defendant by plaintiff's assignors. By way of defense defendant pleaded the statute of limitations. Upon the trial defendant further urged the defense of accord...
Views: 5
The material facts leading up to this appeal are briefly: Robert J. Heustis and Anna *Page 677 Heustis, defendant and appellant herein, were married in the year 1919. This marriage has never been dissolved. In the month of August, 1928, the appellant, Anna Heustis, brought an action against Robert J. Heustis in the Superior Court of San Diego County, and obtained a judgment against him for her su...
Views: 8
Plaintiff and appellant brought an action against Henry Porter and Louis Graham, the executors of the estate of Bettie Johnson, deceased, to quiet title to certain real property situated in the city of Los Angeles, California. Henry Porter died pending the trial, and Louis Graham is the surviving executor and respondent herein. The amended complaint was in the usual form of such action. The answer...
Views: 1
Plaintiffs sued for damages for personal injuries to Louise Rohner. The jury returned a verdict for plaintiffs in the sum of $5,416 and the defendants appeal upon typewritten transcripts. The injuries resulted from a collision of an automobile driven by Louise Rohner with one driven by defendant Helen Cross at a street intersection in the city of Palo Alto. The Rohner car was struck on the left re...
Views: 11
THE COURT. This is a petition for a writ of prohibition. The principal contention of respondents seems to be that the record made is insufficient to support the proceeding. To some extent this contention has merit. However, by a somewhat equivocal return to the alternative writ and more expressly at the hearing upon said return, the facts were agreed upon and the record supplemented sufficient to ...
Views: 1
The plaintiff commenced an action against the defendant municipal corporation, the members of the city council and the chief of police, to obtain a judgment enjoining the defendants from enforcing against him the provisions of a certain ordinance on the ground as he claimed, that the ordinance was unreasonable and violated provisions of the state Constitution and the Fourteenth Amendment of the fe...
Views: 2
This action was instituted by the sellers to compel specific performance of a contract to purchase certain real property. It was thereafter dismissed as to the defendant bank, which was the escrow-holder. From a judgment in favor of plaintiffs and against defendants C.J. Roberts and C.A. Draper, said defendants appeal. Escrow instructions were signed by plaintiffs and defendant C.J. Roberts on Mar...
Views: 1
From a judgment awarding the plaintiff damages in the sum of $7,500 for injuries sustained in a street-car accident the defendants have appealed. They contend (1) the verdict and judgment are excessive and wholly unsupported by the evidence; (2) counsel for plaintiff *Page 649 was guilty of prejudicial misconduct in his argument to the jury; (3) the court erred in its instructions to the jury; an...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 641 THE COURT. An appeal from a judgment in favor of plaintiff in an action to set aside a transfer by defendant Robert Salzberger of his undivided one-fourth interest in the estate of Julius Salzberger, deceased, to defendant Sophia Salzberger. On October 19...
Views: 8
The respondent's intestate was injured while performing the duties of a brakeman upon a freight train operated by the appellant, in Los Angeles County, as a result of which he lost his life. In an action instituted under the federal Employers' Liability Act by said representative, judgment was rendered upon the verdict of a jury, from which judgment the employer appealed. During a dark, rainy morn...
Views: 1
This is an action to recover a share of commissions from a real estate transaction. Judgment *Page 631 in the sum of $5,812 was rendered for plaintiffs. The appeal is from the judgment. One S.A. Kenoyer was the owner of a hotel in Oklahoma. He was the client of respondents, who were licensed real estate brokers. Appellant was also a licensed real estate broker, representing Joseph Schenck, who wa...
Views: 1
This is an action brought to foreclose a mechanic's lien. While the action was pending, the real property sought to be charged with the lien was sold under a prior trust deed. A supplemental complaint was thereupon filed, seeking to impress a lien upon the surplus from said sale remaining in the hands of defendant Bank of America of California. A personal judgment was rendered against the owners o...
Views: 0
Plaintiff sued for damages for the death of his minor son, a child nine years of age. The jury returned a verdict for defendant and plaintiff appeals on typewritten transcripts. The child was standing at the curb in front of plaintiff's automobile which was parked at the easterly curb of Bayshore Boulevard, about 160 feet south of Thornton Avenue. Defendant was operating a Chevrolet sedan southerl...
Views: 3
This is an original petition filed in this court praying for a writ of mandate requiring respondents to *Page 608 set for trial an action pending in the Superior Court of Tulare County wherein the petitioner here and the plaintiff there is seeking, under the right of eminent domain, to condemn the right to take water from within the boundaries of the Consolidated Peoples Ditch Company to lands ly...
Views: 12
This action was for declaratory relief and an injunction. Inasmuch as the claims of plaintiff, if established, could be fully settled by the payment of money, stipulations were entered into and approved, the effect of which was to obviate the necessity of injunctive relief. The rights which plaintiff sought to have adjudicated involved the question of lien priority as between herself and the vario...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 578 This is an appeal from a judgment which was rendered in favor of the defendants in an action instituted to declare a trust in a joint savings bank account which was deposited by Mary Elizabeth Woolsey, during her lifetime, to the credit of herself and her...
Views: 5
This is an action to recover damages for personal injuries sustained by plaintiff arising out of a collision which occurred on July 5, 1927, between an automobile driven by defendant and plaintiff, who was a pedestrian. A jury returned a verdict for the plaintiff and the defendant appeals from the judgment entered thereon and from an order denying his motion for a new trial. The complaint alleged ...
Views: 2
The plaintiff began this action to obtain a judgment setting aside and declaring void the sale of a certain note and mortgage, and to obtain damages. To this complaint the demurrer of the defendants was sustained, with leave to the plaintiff to amend. The plaintiff having, in writing, declined to amend, judgment was entered in favor of the demurring defendants. From this judgment the plaintiff app...
Views: 1
Upon a charge of having caused the death of another with a pistol, the appellant was found guilty by a jury of manslaughter, a felony, a lesser offense necessarily included in the charge set out in the information. [1] The ground assigned for reversal consists of asserted error upon the part of the trial court in refusing to grant the defendant permission to file an application for probation and i...
Views: 0
At the time of filing the amended complaint in this action (March 31, 1928), the defendant William Diller was a stockholder and director of plaintiff corporation, and also was a creditor of plaintiff. As such creditor he held several notes of the corporation, some of which were secured by mortgage and others were unsecured. Although Elizabeth Diller is named as a defendant, she had no part in the ...
Views: 4
THE COURT. As the result of negotiations which commenced in February, 1926, plaintiffs in April of the same year purchased from defendants a lot fronting on Washington Street in San Francisco upon which was situated a three-story frame building containing fifteen two-room apartments, and paid therefor the sum of $55,000. Previous to the transfer to plaintiffs the premises had been leased by defend...
Views: 8
The petitioner instituted an original proceeding in this court seeking to prohibit the respondent court and judge from taking any further proceedings in the case of Doolittle v. Schaffneret al., bearing number 47505 in the records of the county clerk of Fresno County, alleging the respondents had no jurisdiction to enter an order hereinafter set forth. Respondents filed a general demurrer and answ...
Views: 16
The plaintiffbegan this action to obtain judgment against the defendants in the sum of $900, for and on account of expenses incurred in packing lettuce in the county of Sacramento, for and on behalf of the defendants, and shipped to the defendants at their place of business in the city of Chicago; and also for the further sum of $1155 upon an assigned claim of one K. Tomita, for the value of lett...
Views: 0
Plaintiffs brought this action to quiet title to a quartz mining claim known as the "Never Sweat Quartz Mine" in Calaveras County. Defendants answered and also filed a cross-complaint to quiet title to certain lands patented to the defendant Luddy by the United States government as a stock-raising homestead. The mining claim was located on the public domain in 1896 by plaintiffs' predecessors in i...
Views: 3
Petitioner seeks his release on habeas corpus on the ground that he is unlawfully imprisoned by the sheriff of Fresno County. The facts may be briefly stated as follows: On April 20, 1931, in an action then pending in the Superior Court of Fresno County, one W.H.A. Truxaw was appointed receiver and placed in possession of certain real property involved in that action. On December 18, 1931, while s...
Views: 3

Non-Government Works Copyright © 2001-2026 Think Computer Corporation. All Rights Reserved.

About   Apps, Extensions & AI   System Status   Privacy   Security   Contact Us

ⓘ Information Facts

Sign In Sign Up
Issues Laws Cases News Firms Entities Pro
Sign In Sign Up