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All Reporters → cal-app-lexis → Volume 1934
Opinions in cal-app-lexis Volume 1934
This is an attempted appeal, by plaintiff, from an “order sustaining demurrer without leave to amend”, to the first and third causes of action of the complaint and from judgments made and entered in pursuance thereof.
The record indicates that on January 4, 1934, the trial court, after argument of counsel, made its written order sustaining the demurrer of the defendant to the first and third cause...
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Defendant is here appealing from a judgment finding him guilty of murder -of the second degree and from an order denying a motion for new trial. Inasmuch as one of the grounds urged for reversal is the insufficiency of the evidence to sustain; the verdict, we will set forth the evidence in some detail. We will not, however, narrate such circumstances as may appear in the record favorable to appell...
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The defendant has appealed from a judgment of $500 which was rendered against him for personal injuries inflicted upon the plaintiff in an affray.
It is contended the findings and judgment are not supported by the evidence; that the defendant used no more force in the affray than was required in necessary self-defense, and that because the plaintiff’s husband was the aggressor in the affray she is...
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Appellant and his co-defendant, Tellez, were charged with the theft of a Ford automobile in count 1 of an information, on which count they were found guilty in a trial before the court without a jury. From the judgment of conviction on such count, as well as an admitted prior conviction, Fierro has appealed. It is urged (1) that the court erred in denying appellant’s motion to dismiss, made at the...
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This is a second appeal involving the orders settling the accounts of the executor in the above-entitled estate. After the remittitur went down following the first appeal, the executor restated his account. Objections were filed thereto, and after a hearing was had, the court settled said account allowing certain objections and disallowing certain other objections. This is an appeal by the executo...
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Page 398
Certiorari to review decision of the Industrial Accident Commission awarding compensation to respondent Houlihan. The applicant was employed as shipping clerk in a packing plant operated in turn by National Packing Company, Leonard Chudacoff, as receiver, and Tovrea Packing Company, who were insured at first by Pacific Employers Insurance Company and later by Hartford Accident & Indemnity Company....
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By an amended information filed by the district attorney of Tulare County, appellant was charged with the crime of an assault upon the person of another by means of force likely to produce great bodily injury. This appeal is from the judgment and from an order denying probation. An order denying probation is not an appealable order. (People v. Freithofer, 103 Cal. App. 165 [284 Pac. 484].) Further...
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By an information filed against him, defendant was accused of the commission of the crime of burglary; also that theretofore, on each of five separate occasions, he had been convicted of a felony and had “served a term of imprisonment therefor”. On the trial of the action, it having been stipulated by respective counsel that the fourth and the fifth of such alleged prior convictions of defendant w...
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Defendant, after entering a plea of guilty to a charge of robbery and having the degree fixed by the court as robbery in the first degree, was permitted to file an application for probation. Upon the hearing of his petition, the court denied his application on the ground that under the provisions of section 1203 of the Penal Code, the court had no jurisdiction to grant him probation. Upon his appe...
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This is an original application for a writ of habeas corpus brought in this court seeking the discharge of petitioner upon the ground that the evidence produced at her preliminary examination did not show reasonable or probable cause that a crime had been committed by her. The petitioner, together with one Fong Quong, were held to answer by the committing magistrate for the crime of murder alleged...
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The cause was submitted to the court on an agreed statement of facts which in substance asserted that the City of Fullerton elected to have the county officers of Orange County collect its taxes under the provisions of an act entitled “An Act to provide for the levy and collection of taxes by and for the use of municipal corporations and cities incorporated under the laws of the State of Californi...
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Defendant was charged by information with the two crimes of robbery and one charge of kidnaping for *462the purpose of robbery and was tried by the court sitting without a jury, a jury trial having been waived. The court found defendant guilty as charged in the information, and found the crimes, as charged in counts 1 and 2 thereof, each to be robbery in the first degree, count 3 being a charge of...
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This is an appeal by plaintiff from a judgment in favor of defendant in an action to declare a trust and for an accounting. Plaintiff’s action was filed in 1931 and was predicated upon an alleged written agreement dated February 15, 1912. The answer denied the allegations of the complaint including the allegations relating to the execution of said agreement. The trial court found against plaintiff...
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Defendant was charged, by an information filed by the district attorney, with the crime of issuing a check on a bank without sufficient funds to meet same, and with two prior convictions of felony. A plea of not guilty by reason of insanity was entered as to the first charge. Defendant denied the first of the two prior convictions charged but admitted the second. Three physicians were appointed by...
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Respondent leased an apartment building from appellant for a ten-year term commencing in 1920, and gave appellant a chattel mortgage on the furniture to secure payment of rent. On October 9,1925, with respondent’s consent, appellant took over the active management of the apartment house, rendered accounts to respondent, but refused to turn over the building and furniture until the latter paid him ...
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Defendants V. L. Coffelt and G. R. Searl were jointly indicted, tried and convicted on the charge of grand theft. Defendant Searl has not appealed, but defendant Coffelt has appealed from the judgment of conviction and the order denying his motion for a new trial. The charge was tried upon the theory that a conspiracy existed between the defendants for the purpose of obtaining money and property f...
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Shortly after 6 o’clock on the evening of September 17, 1931, the defendant Cagle, driving a loaded truck and trailer belonging to the defendant Zimmer, was proceeding south on a paved highway near the city of Brawley. "While passing what is known as Carter’s Service Station at a speed of some fifteen or twenty miles an hour, the engine on the truck commenced to sputter or slow down. Cagle pulled ...
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Defendants were convicted on each of three counts of the crime of pandering, and on one count of the crime of conspiracy to commit the same offense. They appeal from the ensuing judgments that were rendered against them, as well as from an order by which their motion for a new trial was denied. By the terms of the statute (Stats. 1911, p. 9) under which in part the defendants were prosecuted, it i...
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This action was brought in order to establish a claim against the estate of R. Fred Vogel, deceased, based upon a promissory note for '$25,000, executed by decedent in his lifetime in favor of the plaintiff. *430Upon conclusion of the trial in the lower court, it was found to be untrue that the execution of the note was obtained by undue influence, or that it was without consideration to the deced...
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By allegations contained in his petition for a writ of certiorari herein, it appears that in the course *420of the trial of an action that was pending before the respondent superior court, on each of three separate occasions petitioner was adjudged guilty of contempt of said court, and was sentenced to pay "a fine of $500 and to serve a term of five days in the county jail. However, as to the seco...
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The respondents, as joint tenants, owned lots 7 and 10 of Crawford’s Subdivision No. 1, ae*410cording to the map thereof recorded in Imperial County, and resided in a house situated upon lot 10 while the respondent husband conducted a junk business upon lot 7. In another action brought by these appellants against the respondent husband and another party, a writ of attachment was levied upon lot 7 ...
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This is an appeal from a judgment of dismissal with prejudice entered pursuant to an order of the court denying complainant’s amended petition to confirm award in arbitration, and sustaining demurrer of accused to said petition without leave to amend. On February 13, 1931, the complainant filed its petition for confirmation of award in arbitration dated December 17, 1930, and served notice of moti...
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The petitioner was adjudged in contempt of court upon failure to appear therein until more than one-half hour after the time set for resuming the trial of a criminal action in which he was counsel for the defendants. A fine was assessed and sentence of imprisonment ordered in lieu of payment thereof. Nonpayment of such fine was followed by the issuance of a commitment, whereupon the instant procee...
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The defendant was convicted of having possession of cocaine contrary to the provisions of the California Statutes of 1929 (Stats. 1929, p. 380; 2 Deering’s Gen. Laws of 1931, p. 3007), regulating the sale or possession of habit-forming narcotics. On appeal it is asserted there is a fatal variance between the allegations of the information which charge him with the possession of “a preparation of c...
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The defendant was found guilty of the crime of grand theft upon an information charging that on or about the twenty-eighth day of June, 1932, in the county of Mendocino, he did feloniously take a certain well-drilling outfit and equipment of the value of $500, the property of one Walter J. Steiner, and appropriated the same to his own uses and purposes. The cause was tried before the court sitting...
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These four appeals arise out of an eminent domain proceeding begun by the City of Laguna Beach in connection with an improvement project known as Acquisition and Improvement District No. 4 of the City of Laguna. The proceeding is one under the “Acquisition and Improvement Act of 1925“ as amended (Deering’s Gen. Laws, 1931, p. 1594). The four appeals were consolidated and have been submitted upon o...
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This is an appeal by contestants from an order granting a new trial in a proceeding brought to set-aside the will of Mary Easton, deceased.
The contest was based on several grounds, but during the trial all were dismissed except one based on allegations of undue influence; and upon that issue the jury found in favor of contestants. Thereafter on motion of the proponents of the will the trial court...
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This is an appeal by defendant Memmler from an order granting motion for new trial after judgment for defendants. Plaintiff sued to recover damages for personal injuries sustained when she was struck by appellant’s automobile. She had been riding in a ear driven by a friend, and when they approached plaintiff’s residence the driver abruptly crossed the street and drew up in front of the house, wit...
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It appears from the petition that upon the trial of an action in the Municipal Court of Los Angeles judgment was rendered in favor of the defendant, notice of appeal was served and filed by the plaintiff, a motion for an extension of time to prepare and serve the bill of exceptions was granted and that the same was thereafter filed. Objection by the defendant to its settlement was sustained. There...
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The petition for a writ of habeas corpus to obtain a reduction of bail is denied. There are numerous considerations entering into the determination of the amount of bail to be required by the trial court in any case. (In re Tsuji Horiuchi, 105 Cal. App. 714 [288 Pac. 708] ; Ex parte Ruef, 7 Cal. App. 750 [96 Pac. 24]; In re Williams, 82 Cal. 183 [23 Pac. 118].) Under the authorities cited, this co...
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On February 7, 1927, Maurice Rosenthal, Inc. (assignor of respondent), entered into a lease of a store in Fresno for five years at a rental of $600 per month payable monthly in advance. Said lessee applied *356to appellant surety company to issue a $5,000 bond guaranteeing the lease, said lease requiring a surety company bond “as surety thereon in the penal sum of Five Thousand (5,000) Dollars for...
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In September, 1931, a petition for consolidation of the City of Tujunga with the City of Los Angeles was presented to the City Council of Tujunga. The names were checked over and declared sufficient. A special election was called and held on January 5, 1932', and said city council thereafter declared that a majority of the votes cast favored consolidation and that said proposition was adopted. On ...
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Knowing an immediate decision was necessary in this case, attention has been given to it by the mem*349bcrs of the court and we are prepared to render an opinion immediately. So far as section 12a, adopted by the legislature March 10, 1933, is concerned, the court differs decidedly with the argument of counsel. We do not think counsel on either side presented the true meaning and intent of that se...
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Plaintiff was riding in an automobile driven by one Halpern when it collided with one driven by the defendant Silvester at the intersection of Sonoma and Monterey Avenues in Berkeley about 7:30 o’clock in the morning; and on account of the injuries plaintiff received as a result of the collision she brought this action for damages against Silvester. At the trial the jury found a verdict in favor o...
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In May, 1927, Julia Ann Smith went to live at a nursing home operated by the plaintiff. She was then about eighty years old, had no living relatives and was convalescing from a broken hip. By agreement she was to pay the plaintiff $100 per month for board, room and ordinary daytime nursing care. It was also understood that, in addition, she was to pay for any massages and night nursing which might...
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The plaintiff, a national banking association, passed through various mergers, consolidations and changes of name in the period of time covered by its business dealings with defendants. A number of documents which we will mention were executed to a predecessor of plaintiff under one of the former names. In this opinion we will refer to these documents as having been executed to plaintiff, it being...
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The defendant was charged with the murder of Edward Cornwell. He was convicted of murder of the second degree. From the orders and from the judgment which was accordingly rendered he has appealed. John Semone leased a vineyard near Modesto upon which he resided with his family. He maintained signs on the property prohibiting hunting and trespassing thereon. December 10, 1933, he overtook and quarr...
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This is an action brought by the widow and minor son of one Bert J. McIntee against defendant Ammerman and other defendants to recover damages for the death of said Bert J. McIntee, caused by the negligence of the defendant Ammerman in the operation of an automobile. The case was tried before a jury, which returned a verdict in favor of the defendants. Plaintiffs moved for a new trial, and the cou...
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From a judgment of conviction of the crime of robbery, as well as from an order by which their motion for a new trial was denied, defendants England and Clensay, who are represented by counsel, and defendant Hoff, who appears in propria persona, have appealed to this court. It is urged that because of alleged misconduct of the jury the judgment should be reversed and a new trial ordered. But since...
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This appeal is brought by Clara Bessie Bruck, widow of John J. Bruck, deceased, from an order and judgment of the superior court sitting in probate. Involved in this proceeding is the question of ownership of certain real and personal property, and also the matter of amount of family allowance to the appellant as widow of deceased.
*302Upon the death of John J. Brack, which occurred in Los Angeles...
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The plaintiff had been serving the City of Calipatria as its elected city clerk at a salary fixed by ordinance in the sum of $100 per month. By the same ordinance the salary of its deputy city clerk was fixed at $80 per month, the salary of its city attorney at $75 per month, and the salary of the deputy tax collector at $75 per month. On April 19, 1928, while the plaintiff was so serving as city ...
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Appellant, with another, was charged with robbery. Entering a plea of not guilty, he was duty tried and convicted on two counts of robbery of the first degree and sentenced to state prison. He now appeals from the order denying his motion for a new trial and from the judgment and sentence. At the time of the perpetration of the robbery here in question appellant was then on parole from the state p...
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This is an appeal by the defendants from a judgment in favor of plaintiff entered in conformity with the verdict returned by a jury.
The essential facts which are disclosed by the record may be summarized as follows: At about 5 o’clock P. M. of the afternoon of August 18, 1931, the plaintiff was driving a touring type Dodge automobile in a northerly direction on Orange Avenue in the city of Fresno...
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The plaintiff in this action, by her original complaint, sought the aid of equity to'enforce an alleged agreement of the defendant Arthur M. Free to devise to her certain real property and to continue in force unmodified a certain joint policy of life insurance issued on the lives of plaintiff and said defendant. The facts alleged by the original complaint are substantially as follows: On July 29,...
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In an action brought to recover damages for the loss of their father the jury brought in a verdict in favor of the plaintiffs. From the judgment entered on the verdict the defendant lias appealed.
Before taking up the points made by it we will set forth some facts shown by the record. In their complaint the plaintiffs alleged that at the time of the accident the defendant was engaged in the busine...
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The defendant Sam Maggio was charged with the crime of assault with a deadly weapon and all three defendants were separately charged with the crime of resisting an officer. Two informations with various counts were filed. All of the charges grew out of the arrest or attempted arrest of Sam Maggio by a game warden and, by consent, the two cases were consolidated for trial and have been consolidated...
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This cause is before us upon the respondent’s motion to dismiss the appeal or affirm the judgment appealed from. The defendant was tried and convicted in the Superior Court of San Joaquin County upon an information charging him with three separate burglaries, and also charging that the appellant had been twice convicted of felonies, and upon each conviction had served a term in the state penitenti...
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This cause is before us on an appeal by the defendant from an order of the trial court denying his motion in arrest of judgment. The record before ns discloses that the defendant was tried in 1932 upon an indictment charging him with grand theft in seventeen counts and one count charging violation of the Corporate Securities Act. Upon this indictment the defendant was found guilty on nine of the c...
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In a suit in the Superior Court of Los Angeles County praying annulment of transfers of prop*233erty of Saline Products, Inc., a receiver was appointed and entered into possession and control. Shortly thereafter said court made a,n order restraining X. H. Hollar from entering upon property, or interfering with the administration of said corporation. Subsequently, on petition by the owner of real p...
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Petitioner filed his application with the respondent commission for adjustment of his claim for compensation. He had suffered a hernia and the employer had provided a surgical operation and hospital care. Respondent commission found that- petitioner had sustained an injury arising out of and in the course of his employment “consisting of the aggravation into a disability condition of a preexisting...
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In the year 1927 the plaintiff was a real estate broker operating in Los Angeles. The defendant was a physician practicing in San Francisco. The plaintiff approached the defendant and asked for a loan of $12,500. *219The defendant informed him that he had no money to loan; that his assets were pledged to a San Francisco bank as security for a loan from the bank. At the suggestion of the plaintiff ...
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Defendant was found guilty by a jury of “Violation Chapter 339, Laws of 1923, as amended, sec. 1, Act 1970, Deering’s General Laws, Deadly Weapons Act, a felony, as charged in Count II of the information.” His motion for a new trial was ordered denied and the appeal is from the judgment and order. The information charged in count II that violation of the above-mentioned law was committed in this: ...
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Action for damages for personal injuries. The case was tried before a jury. Judgment went in favor of defendant, and plaintiff appeals upon the ground that the jury was erroneously instructed. The accident occurred on the highway near the city of Palo Alto. The highway at this place is forty feet wide with four lanes designated by three white lines. Vehicles traveling in a northerly direction used...
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This is an application for a writ of mandate in which the petitioners seek to compel the respondent to set aside certain orders revoking certain registrations of motor vehicles and certain licenses to operate motor vehicles previously issued to the petitioners, and to compel the respondent to recognize as valid and subsisting these operators’ licenses and certificates of registration pre*202viousl...
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For approximately one year prior to April 7, 1929, plaintiff had been selling subscriptions to two publications issued by defendant, paying particular attention to subscriptions obtained on club rates offered newspapers. No salary was paid him, although a purely fictitious salary was fixed in order, apparently, to conform to certain requirements of the audit bureau of circulations which called for...
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Plaintiff secured the acceptance of an agreement whereby defendant and his wife offered to exchange property described therein belonging to them for certain property belonging to W. L. Rohrer and .wife, the terms of exchange being set out in said agreement. Defendant agreed to pay plaintiff the sum of $1500 upon “acceptance of the proposition to exchange the above described property on the above t...
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Plaintiffs in these two cases, husband and wife, recovered judgment against defendant for damages incurred when the latter’s car was involved in an accident with a car in which plaintiffs were riding as guests. Albert Ackles sought personal damages for his own injuries, special damages for his wife’s expenses and general damages for loss of her services. Rose Ackles asked general damages for perso...
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Appellants were the owners of a piece of property in San Diego upon which, in November, 1928, a declaration of homestead was filed. In March, 1929, a mortgage on this property was foreclosed by the owner, Florence A. Faurot, and on March 25, 1930, a commissioner’s deed was issued to her. During the latter part of the period of redemption from said foreclosure, negotiations to refinance were entere...
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This cause is before us upon the application of the above-named petitioner praying that a writ of mandate issue out of this court directing and commanding the respondents to pay out of the funds held by said district, to the holders of bonds and interest coupons which have become due, in the order in which they have been presented, and in particular commanding the respondents to apply to such purp...
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Respondent is the daughter of Amelia Boyd, now deceased. When respondent was about six years of age her mother married Edward Robert Boyd and the three thereafter lived together until respondent married Manuel Reyes, when he, too, took up his residence with Mr. and Mrs. Boyd, and from that time onward the family group consisted of Mr. and Mrs. Boyd and Mr. and Mrs. Reyes. Amelia Boyd died in Novem...
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Defendant was convicted of three counts of violation of section 288a, one count violation of *164section 286 and one count violation of section 288 of the Penal Code. The alleged acts took place between defendant and the complaining witness, a boy of eleven years, in the store of defendant where the latter was engaged in the malt and liquor business. Appellant contends that the evidence is insuffi...
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The above-entitled cases were consolidated for the purpose of trial. Separate findings were adopted in each case and separate judgments were rendered against the defendant. The complaints were drawn in the form of assumpsit. They are for money deposited with an agent of the defendant Prudential Guarantee Building and Loan Association. The agent failed to account to the association for any of these...
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Erie P. Daniel and his wife, Helen Vera Daniel, were killed in an automobile collision on June 14, 1931. Their car was struck by a car owned by defendant corporation and driven by defendant Jones. Plaintiffs sued to recover damages for the death of their father. At the first trial a motion for nonsuit was granted as to defendant corporation and judgment for plaintiffs was entered upon a verdict aw...
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In an action for insurance by the widow of a member of the defendant life and benefit association, both an answer and an affirmative defense were interposed, and judgment being given in favor of the plaintiff on the pleadings, said defendant appealed.
The existence and character of the insurer, application for membership and issuance of a policy, payment of assessments and charges, and sufficiency...
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Petitioner intervened in an action for ejectment and for damages for withholding the possession of certain real property pending in respondent superior court, and filed his cross-complaint in another similar action pending therein in which he was named as a defendant, claiming title to the real property involved therein. Said actions were consolidated and a judgment followed quieting title to the ...
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This is a motion to dismiss an appeal upon the ground that the notice of appeal came too late. Defendants, respondents here, presented a motion for a new trial but the court denied the motion. On the same day the clerk made -a note thereof in his rough minutes and the next day the court’s ruling was duly entered in the regular minutes. The date of this entry, however, was of the date of the ruling...
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The defendants appealed from a money judgment which had been rendered against them and furnished a timely undertaking in the usual form, to which exceptions were taken and notice of hearing thereon was served and filed. Owing to mistake and inadvertence the sureties were prevented from appearing at the time and place set for hearing, a continuance was not allowed and execution was about to issue ...
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By his amended complaint in this action plaintiff asked that the defendant city, and the other defendants, officers of said city, be enjoined from enforcing certain ordinances, and particularly an ordinance which prohibits the holding of boxing or wrestling contests or exhibitions within the City of Santa Barbara. The cause was heard in the court below upon the amended complaint and the demurrer t...
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The defendant was convicted of the crime of manslaughter and has appealed from the judgment and from an order denying a motion for a new trial. One Crawford Clark, who was the manager of a collection agency at Brawley, had a claim against the appellant which was, in part, disputed by him. Clark had been trying to locate the appellant’s automobile and about 5:30 o’clock on the evening of February 1...
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The defendants have appealed from two judgments which were rendered against them jointly in the above-entitled actions which were consolidated for the purpose of trial. Both cases involved the same automobile casualty. In the first case a judgment was awarded the plaintiff John I. Easterly for personal injuries received and for damages to his automobile and for medical and hospital expenses incurr...
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From the record herein, it appears that, as derived from the lessor of certain real property, defend*114ants Cochran were the assignees of certain royalties that accrued to them from the operation of an oil well, and of which royalties the said defendants thereafter assigned to the plaintiffs “five per cent of the total production”, etc. In the course of the distribution of such royalties by the R...
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The appellant was convicted in the Superior Court of Sutter County of a felony, to wit: Assault with a deadly weapon. The transcript on appeal was filed in this court June 21, 1934. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on July 23, 1934. No appearance was made for appellant at the time the case was called for hearing. Pursu...
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From a judgment entered on the verdict of a jury against defendants Pickwick Stages System and Pacific Greyhound Lines, Inc., in favor of plaintiff for damages for personal injuries alleged to have been sustained by her while traveling as a passenger on a stage owned and operated by defendant Pickwick Stages System, both defendants have appealed.
Plaintiff and her husband boarded a.stage of defend...
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A petition on behalf of Claude Taylor for a writ of habeas corpus was allowed and wre are here considering the matter after return and submission. Taylor was convicted of an offense, probation was denied and he was sentenced to the “County jail . . . for the term of ninety days, to be served from 7.00 p. m. of Monday to 6.00 p. m. of Wednesday”. (Quotation from judgment.) The ninety days have not ...
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On June 24, 1928, the decedent executed her last will and testament and deposited the same in her safe deposit box in the Oakland Bank. This will was an holographic will but drawn with much care and circumstance; and, notwithstanding its being an holographic will, was nevertheless witnessed by two witnesses. By the terms of this will, among other provisions, she bequeathed to her nephew, Alfred Ma...
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The defendant was charged, by an information filed in the Superior Court of Fresno County, with the crime of murder. Upon arraignment he entered a plea of not guilty and was tried before a jury which returned a verdict convicting him of manslaughter. A motion for a new trial was denied. The defendant then perfected this appeal from the judgment and from the order of the trial court denying his mot...
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This is a proceeding to review a decision of the respondent commission denying compensation on account of the death of one Elden J. Gagnebin, who was the husband of one of the petitioners and the father of the other.
The respondent Gill operated several ranches in Madera and Fresno Counties and also a feed yard at Calwa, near Fresno. For some two years prior to the time here in question Elden J. G...
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The questions raised on appeal in this case are identical with those presented in Thompson v. County of Los Angeles, this day decided (ante, p. 73 [35 Pac. (2d) 185]), with one exception, and by stipulation of the parties the two cases were submitted to and considered by this court on one set of briefs. The one exception is the question whether Clara Nell Phillips, a minor, appearing here by her g...
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Plaintiff filed her complaint in the superior court on March 2, 1932, claiming damages for personal injuries alleged to have occurred by reason of a defective condition of a portion of highway maintained by defendants. Defendant County of Los Angeles interposed a general demurrer on the ground that plaintiff had not presented a claim to the hoard of supervisors within ninety days after the acciden...
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According to information filed, appellant with two others was charged with several acts of burglary and one other offense. Upon her plea of guilty under one of the burglary counts she was sentenced to imprisonment in the state prison. After the judgment had become final, appellant by motion applied to the court for an order *71to set aside the judgment, and to permit her to withdraw her plea of gu...
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This appeal presents only two questions, neither of which merits any extended discussion. The action is one for damages for the breach of a contract of sale of a quantity of Mexican beans. This contract was, without legal excuse, breached by the appellant. It refused acceptance, in advance of shipment. The beans were shipped and tendered at the port of San Francisco. Some negotiations followed, an...
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Plaintiff sued herein for the death of a minor child of the age of six years, which she alleged resulted through the negligence of the defendant acting in *66its proprietary and private capacity and also in its governmental capacity. The complaint sets up three separate causes of action; and the particular cause of complaint is the maintenance of an exposed water-pipe in a public highway, upon whi...
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During the years 1928 and 1929 Balboa Construction Company, one of the defendants, was engaged in paving streets in the city of San Diego. The general business arrangement under which it operated was as follows: Money for that company to do business was loaned to it by plaintiff, and statutory and other bonds which it required were executed by defendant Indemnity Insurance Company. As security for...
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November 5, 1928, a judgment was entered in this case in favor of plaintiff and against defendants. December 3, 1928, defendant Taplin moved for a new trial, which was granted by order dated January 21, 1929. On June 1, 1931, the ease was set for trial on September 10, 1931, and on the latter date was continued to November 10th, at which time it was ordered off calendar. “No continuances were had ...
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From a judgment against Mm entered on findings of fact and conclusions of law filed by the trial judge, defendant Cowan has appealed. The complaint was based on the common counts. Count I charged in substance that defendants became indebted to plaintiff in the sum of $5,477.70 for goods, wares and merchandise sold and delivered to them at their special instance and request within two years last pa...
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Plaintiffs, heirs at law of Elizabeth Otley, deceased, brought this action to recover damages for her death. She was struck and killed by an automobile driven by defendant Brock, an employee of his co-defendant Stationery Company. The automobile was owned by the employer and the driver was in the course of his employment at the time of the accident. Deceased, in company with a young boy, was cross...
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Respondents are the mother and minor brother of I. Rubio, who was killed in a collision with a truck operated by appellants. After the time for filing their brief had expired the respondents filed a motion to dismiss and affirm under section 3 of Rule V, Rules for the Supreme Court and District Courts of Appeal. Accompanying their motion they filed a fifteen-page brief arguing the merits of the ap...
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Some time in 1925, one Louis Beronio in the due course of his employment received a serious injury to his back and consulted the defendant Dr. T. J. Nolan, who testified, “I examined Louis Beronio and made a report to the London Guaranty & Accident Company concerning his condition. When Mr. Beronio first consulted me about April 15, 1925, he was complaining of pain in the back. He consulted me at ...
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The defendants have appealed from a judgment for damages which was rendered against them for injuries sustained by the plaintiff as the result of an automobile casualty caused by the defendants’ machine colliding with the plaintiff’s ear while it was stalled 'on the roadside because of a broken axle. *18The evidence is conflicting, but the record supports the following statement of facts: At 2 o’c...
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From a judgment of $3,000 in plaintiff’s favor defendants have appealed. The sole question is the sufficiency of the evidence to justify the following finding made by the trial court: “On March 28, 1930, Restop Realty Company and/or Foster & Kleiser paid to defendant La Fon System, Ltd., a corporation (formerly known as La Fon System of Outdoor Advertising, a corporation), and said defendant rece...
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By information filed against him, defendant was accused in each of two separate counts of an information of the commission by him of the crime of burglary. In the same information, it was charged fhat prior to the commission of either of such offenses defendant had suffered two separate convictions of the crime of burglary ; which fact, on his arraignment for plea, defendant admitted. Following hi...
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The petitioner filed a complaint in the superior court asking partition of a single piece of real property with a dwelling-house thereon and setting forth that she was the owner of an undivided one-eighth thereof as a tenant in common in fee simple and that the defendants named in the complaint owned together the other seven-eighths in common with the plaintiff. The answer of the defendants therei...
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The plaintiffs have moved to dismiss or affirm under the rule upon the grounds that the appeal is frivolous and presents grounds so unsubstantial as not to require further argument. The motion was accompanied by a typewritten brief fully arguing the merits of the appeal. When this motion is made for the purpose of advancing the hearing of an appeal on the merits, or to avoid preparation of a brief...
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The defendant owns and operates a large department store having six floors arid a basement. To enable its customers to go from one floor to another the defendant maintains elevators, escalators and ordinary stairways. While a customer in the store, Mrs. Schwerin chose an escalator to go from the first floor to the basement to make a purchase. When about halfway down she was struck by two small boy...
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This appeal comes to ns from a judgment of nonsuit rendered in an action wherein the complaint contains two counts. The first is a cause of action for damages for alleged slander of plaintiffs’ title to lots 1 and 4 of block E of Yista Del Mar tract. The second is in the form of common count for money had and received. Defendant based his motion for a nonsuit on the following grounds: “1. That'the...
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Plaintiffs as owners of the record title to 6,053 acres of land in San Luis Obispo County deraigned from a patent theretofore issued by the United States government brought this action to quiet title thereto. Defendants asserted title to approximately five acres thereof based on allegations of adverse possession for more than twenty years. Upon trial the court found against defendants and entered ...
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This is an appeal from a judgment rendered in an action to recover damages resulting from injuries received by Mrs. Grace Horning when she fell from an automobile driven by Mrs. Margaret Gerlach and which belonged to both defendants. Mrs. Horning had been riding in an automobile, a sedan, as the guest of Mrs. Gerlach, for about an hour before the accident, which happened on November 25, 1931. She ...
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It appears that the essential facts herein, in substance, are that a man by the name of Specht made an oil lease of certain property of which he was the owner, to one Emery, who thereupon assigned his interest in the lease to Shell Oil Company. The lease was for a period of twenty years; but it contained a provision to the effect that the lessee was to commence the drilling of an oil well upon the...
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Primarily, the instant appeal depends upon the legality of a judgment that was rendered in the superior court in favor of plaintiff in an action on two claims which, before action was commenced thereon, had been duly presented to, and rejected by, an administrator of an estate, and which claims in the aggregate thereof amounted to the sum of $287. Appellant urges the point that because the amount ...
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In 1925 the Flower Street Investment Company, a corporation, leased to plaintiff and another certain lots in Los Angeles County. The lease provided that the lessees should pay as rental twenty per cent of all oil, gas and other hydrocarbon substances produced therefrom. Later plaintiff acquired the interest of his eolessee. Thereafter and prior to February 9, 1926, plaintiff assigned fractional un...
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Motion for order recalling and correcting remittitur so as to include costs on appeal. The motion is based upon the contention that the judgment entered herein modified the judgment appealed from but contained no directions as to costs on appeal, and the clerk omitted to enter upon the record and insert in the remittitur a judgment that appellant recover costs. The judgment appealed from was not r...
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From a judgment in favor of plaintiff giving her the balance of an award paid into court in a condemnation action brought by the City of Los An-geles, defendant W. W. McGregor has appealed. July 1, 1921, Mary McGregor, wife of appellant, executed a lease to plaintiff and her husband covering certain land, together with the buildings and rock-crushing machinery and equipment located thereon, for th...
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On March 16, 1931, defendant executed and delivered to payee an installment note in the principal sum of $25,000, payable in monthly installments of $4,000 each, eommeneing June 16, 1931, with a final payment of $1,000 in December of that year. The payee of *449the note was Sierra Reserve Holding Company, Ltd., a Nevada corporation. On the same day that it was executed, payee assigned the note to ...
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Appellant appeals from the judgment upon tbe verdict of tbe jury in favor of respondent in her action for damages against appellant for injuries alleged to have been received by her on account of tbe alleged negligent manner in which appellant, at or near tbe intersection of Junípero Serra Boulevard and Alemany Boulevard in tbe city and county of San Francisco, drove and operated bis automobile so...
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The record in this case shows that on February 28, 1929, one Benbough, referred to in respondent’s answer as now operating under the name “H. L. Benbough Ltd.”, and in the findings as “Benbough Furniture Company”, sold to one Todd, under a conditional contract of sale, certain listed furniture and furnishings placed in the premises known as the Todd Apartments at San Diego, California, for $10,331...
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In the year 1900 Robert M. Turner and wife, who were the owners of certain real property in Los Angeles County, executed a conveyance of a right of way over the same to Los Angeles Pacific Railway Co., a corporation. This conveyance, so far as material, reads as follows:
“Grant, bargain and sell, convey and confirm unto the said party of the second part and to its successors and assigns forever a ...
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On October 17, 1932, the appellant was sentenced to the state penitentiary at Folsom following a conviction on two separate violations of section 288 of the Penal Code and a finding of two prior convictions of felony in a foreign state. On his appeal the judgment and the order denying him a new trial were affirmed. (People v. Russell, 131 Cal. App. 646 [21 Pac. (2d) 959].) On February 19, 1934, th...
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On August 1, 1933, the respondent employee received in the course of employment an injury diagnosed and found by respondent commission as a direct inguinal hernia, consisting of an aggravation of a pre-existing disease into a disabling condition, for whieh he was awarded surgical, medical and hospital treatment. Petitioner seeks annulment of such award, contending that the commission acted in exce...
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This is an action restraining defendant from practicing medicine and surgery in the counties of Sutter and Yuba. An injunction as prayed for was issued *412by the trial court, and an appeal therefrom brings the matter before us for consideration. The cause of action is based upon a contract entered into between Dr. F. B. Lawton and Dr. William L. Crutchett, wherein for a valuable consideration, Dr...
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The defendants have appealed from a judgment rendered pursuant to the verdict of a jury, for damages for personal injuries sustained by the plaintiff as the result of a collision which occurred at the intersection of two streets in the city of Stockton, between the defendants’ truck and the plaintiff’s bicycle while the latter was attempting to make a left turn. El Dorado and Channel Streets inter...
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After a trial before a jury, the defendant was found guilty of the crime of assault with intent to commit rape and has appealed from the judgment and from an order denying a motion for a new trial. It would serve no useful purpose to set forth here the facts which were developed on the trial of the case. No claim is made that the evidence is insufficient to support the verdict and it may be observ...
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In an information filed on July 10, 1930, the defendant was charged with the crime of burglary. After a plea of guilty judgment was pronounced and he was ordered confined in a state penitentiary. On October 28', 1933, he filed a motion to vacate the judgment on the ground that the same was void and that the court had no jurisdiction to make and enter the same for the reason that the trial court, w...
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Appellant Rainbow Gardens, Ltd., having filed its brief on appeal from the judgment, respondent has presented his motion, under section 3 of Rule Y, to dismiss the appeal or affirm the judgment. Respondent contends that the grounds of appeal are so unsubstantial as not to require further argument. But appellant has presented for discussion a question which should not be settled without further con...
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The defendant Feather River Forest Homes, sued as a corporation, was found by the court to be a copartnership consisting of the defendants George C. Mansfield and Duncan C. McCallum. The plaintiffs began this action against the defendants to establish their riparian rights to the waters of Berry Greet, a stream arising in the Sierra Nevada Mountains and flowing westerly through the county of Butte...
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Appeal by defendant from a judgment on an open book account for storage alleged to be due, owing and unpaid on certain automobiles stored at its request.
It was stipulated that the drivers of the twenty cars involved were arrested at the various times the machines were seized, upon charges which included in each instance the transportation of intoxicating liquor in violation of the Wright Act, and...
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Defendant R. A. Dallugge and his wife owned a tract of land which they wished to subdivide. They contracted with defendant Carlin G. Smith, Inc., to act as sales agent, and the latter engaged plaintiff, an engineer, to survey and lay out the tract. When the services were completed plaintiff rendered his bill, and not being paid brought this action. Default of defendant corporation was entered and ...
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Page 518
—An award by respondent commission for injury sustained by an owner and operator of a truck and against certain contractors and their insurance carrier is presented for review by said carrier. It is undisputed that the employee received injury while hauling with his own conveyance material for highway construction at Mountain View, and that said injury caused his demise; that he and other truckmen...
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This is an action by the mother, being the sole heir at law, of a minor child, Harmon Little, to recover damages for the death of said child which is alleged to have been caused by the negligence of defendants. The jury gave a verdict in favor of plaintiff in the sum of $5,500 and a motion for new trial was denied. Defendants appeal.
The evidence showed that the deceased was in the street at about...
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The plaintiffs sued to impress a trust upon certain property held by tbe defendant Rasey, as purchaser in a probate sale, and the defendant bank, as administrator. *352.The defendant Rasey is the widow of C. W. Rasey, deceased. The plaintiffs are daughters of the deceased by a former marriage. Under the terms of his will certain real properties situated in the county of Ventura were left to the wi...
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Defendant and appellant Mike Balian, in 1924, bought for $3,000, on a contract providing for installment payments from one Smith, 40 acres of vineyard property in Tulare County. Smith’s rights as vendor under the contract were subsequently acquired by the Bank of Italy National Trust & Savings Association. In 1927 Balian bought directly from the Bank of Italy National Trust & Savings Association f...
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By an information filed by the district attorney of San Bernardino County appellant was charged with the crime of driving an automobile while under the influence of intoxicating liquor on Colton Avenue, a public highway of San Bernardino County, on the evening of October 18, 1933. He has appealed from the judgment pronounced upon him requiring him to serve six months in the county jail, and from t...
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This is an appeal by the defendants from a judgment awarding the plaintiff the sum of $971.52 license fees assessed against the defendants for the quarter ending 1926, under and in accordance with the provisions of chapter 412, Statutes of 1925, imposing a tax of four per cent upon the gross proceeds for the operation of motor vehicles upon the public highway.
On November 2, 1926, the people of th...
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As of date July 25, 1930, respondent D. M. Herman, of Wasco, California, a grower of alfalfa hay, executed to one George E. Martin, operating at Los Angeles, California (apparently under the fictitious name Vernon Feed & Milling Co.), a bill of sale acknowledging receipt from Martin of $5,500, and, in consideration thereof, conveying to Martin:
“Five hundred (500) tons No. 1 quality baled alfalfa ...
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The appellant was charged in two counts of an indictment with separate violations of the Corporate Securities Act. After a trial he was convicted on both counts and judgment was pronounced imposing a fine of $100 on each count, with the provision that if the fine was not paid he should be imprisoned in the county jail of Tulare County one day for each $2 of the fine remaining unpaid.. On the day j...
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A former director and vice-president having instituted suit against the Associated Rock Company, a corporation, for alleged compensation for services, and joined others alleged to have assumed the indebtedness, a nonsuit as to the latter and judgment in favor of the corporation were granted, from which plaintiff appeals. The plaintiff and the company owned adjoining lands which became the subject ...
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From a judgment in favor of plaintiffs foreclosing a mortgage they have appealed from the last paragraph of the judgment and have brought up the judgment-roll only.
On the sixteenth day of March, 1926, the defendants G. E. Ellingson, Herbert W. Schmidt, Mary L. Schmidt, his wife, I. Pelsner and May Pelsner, his wife, executed their note to Martin T. Sayre and Josie D. Sayre. To secure the payment ...
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This appeal is companion to the one taken by defendant in the above-entitled cause, which this day has been decided in favor of plaintiffs (ante, p. 303 [33 Pac. (2d) 1030]). The facts are fully set forth in the decision filed therein. As there stated, the defendant for many years has been the attorney for the consulate of Denmark. Plaintiffs were the heirs of different estates of decedents residi...
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This is an appeal from a judgment for plaintiffs, entered pursuant to a motion for a directed verdict. Plaintiffs sued the defendant on a common count for money had and received. Defendant was the attorney appointed by the Danish consul to represent plaintiffs in collecting certain moneys due from estates. Plaintiffs had executed a power of attorneys to the Danish Home Office in Denmark, which was...
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This action was brought to recover compensation additional to his regular salary as a salesman of gasoline, oils and grease, claimed to be due to the plaintiff and respondent Charles A. Sieck from the defendants and appellants under two several arrangements made ill the early months of 1928. Judgment was given in favor of plaintiff and respondent against all the defendants and appellants, but resp...
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Myron R. McKay, on July 27, 1932, was a minor of the age of five years and seven months. He was seriously injured by being knocked down by a model “A” Ford automobile, owned by Robert DeJamatt and driven by J. B. DeJamatt, his brother. Suit was brought by the minor against all the defendants. The jury returned a verdict in fa.vor of J. B. and Robert DeJamatt, and against appellants in the sum of $...
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In a trial before a jury the plaintiff obtained a verdict against the defendant Hartwell in which the jury specified $1100 as special damages and $3,900 as general damages. The injuries to plaintiff arose out of a motor vehicle collision and on the trial the defendant Hart-well admitted liability arising out of his negligence which caused the injuries.
In his appeal from the judgment the point rai...
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The defendant George H. Harlan has appealed from the amended judgment, from the order *260permitting tbe amendment to tbe judgment and from an order refusing to dismiss tbe action. For some time prior to tbe commencement of tbe action tbe defendant and bis wife were tbe owners of a parcel of land containing twenty acres, wbicb was located on tbe border of Richardson Bay in Marin County. Through th...
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This is a petition for a writ of mandamus to compel the State Controller to draw a warrant upon the treasurer of the state of California in payment of two claims for reimbursement of taxes from a special fund created by chapter 968 of the Statutes of 1933, page 2490, which taxes were previously inadvertently levied and collected from the petitioners pursuant to article XIII, section 15, of the Con...
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Defendants appeal from a default judgment inadvertently entered prior to disposition of issues raised by their answer, which contained a first and second defense. A demurrer had been interposed to the second defense, and according to the minute order of the court the demurrer “to the complaint” was sustained and ten days given to amend. No amendment being made in ten days, a default was entered, a...
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From a judgment in favor of defendant entered on the verdict of a jury in Ms favor upon direction of the court, plaintiff has appealed. Prior to February, 1929, plaintiff was the owner of an apartment house in Oakland, encumbered by a first trust deed and upon which she herself had placed a second trust deed. The El Merrie Del Corporation (apparently owned or controlled by defendant) owned some lo...
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This appeal is from an order releasing an attachment which plaintiff and appellant had caused to be issued and levied on funds of defendant and respondent on deposit with the Fidelity Savings and Loan Association in Los Angeles. But one question is involved, which appellant states as follows: “The point involved in this appeal is whether an attaching creditor can subject to attachment the excess ...
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In this habeas corpus proceeding the petitioner claims that he is being unlawfully restrained by the sheriff of the city and county of San Francisco. In that behalf he asserts that by an order of the municipal court of said city he has been held to answer on a charge of violating the Corporate Securities Act. (2 Deering’s Gen. Laws, Act 3814, p. 1926.) In this connection it is claimed that there w...
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During the times with which we are in this action concerned the plaintiff and respondent Collins and the defendant and appellant Meis were partners engaged in the bakery business. Meis worked as a baker and Collins handled the banking and largely attended to the outside work. It is claimed that there had formerly been a third partner, who had died and that in his place one Salman had become a memb...
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The plaintiffs and respondents are husband and wife, and prior to the occurrences hereinafter related were the owners of 160 acres of land in the Gila Valley, in the state of Arizona, which land they desired to sell. Plaintiffs were laboring under great financial embarrassments, which fact they made known to the defendants Reineeke and Burger. Defendant Reineeke was a licensed real estate dealer a...
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By this action plaintiff seeks a judgment for damages predicated upon fraud and deceit. The complaint, after averments of the corporate existence of the parties, alleges:
“That the defendant, Earl Lund, is and was, at and during all the times herein mentioned, the agent, servant and representative of the defendant, Western Loan and Building Company, a corporation, at its office in the City of Los ...
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Defendant, a Nevada corporation, was sued by plaintiff, its president, on a complaint which .set out his claim, differently stated in various counts as being based on a promissory note, quantum meruit, an open book account and an account stated. Plaintiff recovered judgment for the principal sum as claimed in these counts plus interest, and failed to recover on certain other demands. Defendant’s c...
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This action was brought by the appellant Theodore F. Laist to quiet, against the respondents W. IP. Nichols and Geneva Nichols, husband and wife, title to the property known as lots 2 and 15 of The Highlands in -San Diego County, as delineated on a map filed with the recorder thereof. The lots are located within what were the boundaries of the Linda Vista Irrigation District, which was dissolved b...
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The only question involved on this appeal is whether or not the Superior Court of Los Angeles County had jurisdiction of the case. Defendants demurred to the complaint, one of the grounds being that the Superior Court of Los Angeles County had no jurisdiction of the subject of the action. The trial court sustained the demurrer without leave to amend and rendered judgment for defendants. From this ...
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Petitioner herein prays that we issue the writ of mandate to require the councilmen of the city of Los Angeles to recognize him as a’duly appointed councilman. Our alternative writ heretofore issued and the councilmen have appeared by demurrer and by return. Under charter provisions the city of Los Angeles is geographically divided into fifteen districts, and the legislative body designated as the...
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Proceedings brought to compel the superior court to proceed with the trial of a case after making the following order in response to a motion to abate: “That the above action abate pending the final determination of said action No. 259-996 in the Superior Court of the State of Washington for King County, and in the event said action is finally terminated and adjudicated in favor of the defendants ...
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The action ont of which this appeal arises involves a controversy as to the dividing line between adjoining lots owned by plaintiff and defendants. Defendants’ lot is situate at the northwesterly corner of Ninth and Kohler Streets, while plaintiff’s lot adjoins defendants’ property on the west. Defendants in 1920 built a one-story brick store building, as they believed entirely on their lot, with ...
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In an action against Eureka Petroleum Corporation, plaintiff filed a complaint in two counts for the several sums of $9,671.10 and $6,158.65, making a total demand of $15,829.75, besides interest. Both demands arose out of a contract of date October 18, 1927, and were for unpaid balances due for gasoline sold and delivered to the defendant under said contract. After filing the original complaint, ...
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This action was brought upon a promissory note which contained the recital “this is a deed of trust note subject to a first deed of trust note”. The complaint contained no averment that the note was secured by a deed of trust or otherwise. A demurrer upon general grounds and upon the special ground that the complaint was uncertain in that the nature of the writing securing the note could not be de...
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The defendants Herbert R. Freeland and the Metropolitan Casualty Insurance Company of New York appeal from a judgment of the trial court in favor of Lucius Powers, who was the original plaintiff in the action. Pending this appeal Lucius Powers died and M. T. Mc-Elligott, as executor of his last will and testament, was duly substituted in the place of said deceased as respondent in this appeal.
The...
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The defendant in this case was found guilty in a jury-waived trial upon five counts of forgery, and appeals from the judgments and from an order denying his motion for new trial upon each of said counts. At the trial defendant offered no evidence and moved for an acquittal after the completion of the People’s case, which motion was denied. From the evidence it appears that all the offenses charged...
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On petition for writ of prohibition. Our alternative writ of prohibition issued and herein such writ is discharged and the prayer for the peremptory writ of prohibition is denied. Although the pleadings are rather lengthy, only a very abbreviated statement of the case need be made to present the issues here involved. The plaintiffs are husband and wife and claim the property involved in this proce...
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This is an action to set aside a deed executed by defendant Larson to defendants Hannah S. Youngren and Alma L. Yeager upon the ground that it was executed in fraud of existing creditors. Judgment was rendered for defendants and from this judgment plaintiff appeals. The facts are as follows:
On July 7, 1915, defendant Alfred Larson and his wife Berdena Larson were the owners of the land in controv...
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The plaintiff has appealed from an order refusing to retax costs in this condemnation suit in which the respondent was allowed “necessary expenses incurred” in preparation for the trial, including the cost of securing the services of an expert witness. In this suit in eminent domain, judgment was rendered in favor of the plaintiff for the condemnation of real property. After the rendition of judgm...
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This appeal comes to us from a money judgment rendered against each of the defendants in an action to enforce a stockholders’ liability for an alleged indebtedness owing by the Metals Refining Company, *123a corporation, in which, defendants were stockholders at the time the indebtedness was incurred.
The points involved in the appeal, as stated by appellants in their brief, are as follows: “1. Th...
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Dissenting. — I dissent. Considering the entire record pertinent to the denial by the trial court of the request made by the defendants for leave to file an amended answer and an amended cross-complaint, I am of the opinion that the trial court committed error prejudicial to the substantial rights of the defendants. With reference to the manner in which discretion of the trial court should be exer...
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This action was instituted by plaintiff for tbe purpose of obtaining a decree directing defendant to issue new certificates representing shares of stock of the *102defendant corporation. The relief for which plaintiff prayed is that which is provided by section 330.18 of the Civil Code. This statute provides that whenever a certificate for shares of stock issued by a domestic corporation or by a f...
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This is an original application for a writ of habeas corpus brought in this court seeking the discharge *92of petitioner upon the 'ground that the evidence produced at his preliminary examination did not show reasonable or probable cause that a crime had been committed by him. The petitioner was held to answer by the committing magistrate for the crime of burglary alleged to have been committed' i...
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On petition to have bill of exceptions settled in accordance with facts. This opinion and ruling covers two petitions to change the bill of exceptions under section 652 of the Code of Civil Procedure. The above-entitled case is on appeal to this court and defendants-appellants Marguerite Maloney Mayo and G. C. De Garmo substituted for Julia B. Burns by separate petitions request this court to proc...
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On petition for writ of prohibition.
In this proceeding an alternative writ of prohibition was issued; a return was made by demurrer and also by answer.
The petitioner alleges that he is a shareholder of the Western Loan and Building Company, a Utah corporation; that the banking commissioner of the state of Utah, prior to August 17, 1933, placed a custodian in chargte of the affairs of the associa...
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At the hearing of respondent’s motion to dismiss or affirm it was stipulated that the cause should be submitted on the merits. The appeal is from the judgment following a verdict for respondent. The appeal is presented on the judgment-roll supplemented by a stipulation of facts in lieu of a bill of exceptions. From this stipulation it appears that while the respondent was employed by appellant he ...
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The plaintiff sued to interplead the several claimants to a fund held by the bank under escrow. An order of interpleader was duly made, the fund was deposited in court, and the cause went to trial on the answers and cross-complaints of the respective parties. From the judgment the defendant and cross-complainant, Morris Notrica, has appealed on a bill of exceptions.
Briefly the facts are that defe...
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Hermann Rosebrock died on November 21, 1932, and was at that time in his late seventies. *77His widow, the plaintiff and appellant, is of approximately the same age 'and had been decedent’s wife fifteen years. Bosebroek’s will was admitted to probate and defendant and respondent San Diego Trust & Savings Bank was appointed his executor. Thereupon appellant presented to it her claim against his est...
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Antonio Tamagno died September 29, 1932, leaving a purported will. October 17, 1932, the will was admitted to probate. On January 24, 1933, Natale Tamagno and others filed a petition to revoke the probate of the purported will. The defendant answered and after trial the court made findings in favor of the defendant and from the decree entered thereon Natale Tamagno and the other petitioners have a...
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This is an appeal by plaintiff from a judgment of dismissal entered by the trial court upon the ground of want of prosecution. Plaintiff had demanded a jury and the trial before a jury proceeded during the first day. It was regularly con*68tinued to 10 o’clock of the morning of the following day. Plaintiff; was advised by Ms counsel on the first day of the trial that it would be necessary for him ...
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Walter C. Hartman, one of the defendants above named, in the year 1928 executed to Louis S. Strauss and Edgar L. Strauss, copartners doing business as Strauss Brothers, six promissory notes. Five of the notes contained a provision for the payment of the principal “with interest payable monthly at the rate of one (1) per cent per month from date until paid . . . should the interest not be paid when...
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The statement of facts contained in respondents’ brief herein fairly represents the real facts of this case. They are as follows, to wit: “Prior to October 10, 1928, appellant, an experienced real estate operator, owned the real property at Westwood and Santa Monica boulevard involved in this action. The defendant Jess Smith was a salesman with the Janss Investment Company. Prior to the 10th day o...
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Under instructions of the trial court, the 'jury in this case rendered a verdict in favor of defendants L. W. Blinn Lumber Company and R. R. Hughes. *54This action was taken at the close of plaintiff’s case, upon defendants’ motion and without any evidence being submitted by them. Plaintiff appeals. Appellant, employed by one Kransler, was working on a lot abutting upon the east side .of Santa Fe ...
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Defendant was convicted of rape and incest. Four counts charged him with rape committed upon the person of a niece and the remaining four counts charged the same acts as incest. At the time of the commission of two of the acts the niece was sixteen years of age, and on the other two occasions she was seventeen. The jury recommended confinement in state prison as to each count of rape. Sentence was...
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Defendant was convicted of robbery in the first degree and has appealed from the judgment of conviction and from the order denying his motion for a new trial. The testimony discloses that on the evening of March 25, 1933, at about 10:30 P. M., one DuBoise, proprietor of a garage in Los Angeles, and his companion Wesselman, were held up at the point of a gun by two unmasked men, one of whom both id...
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The information charged defendant with issuing checks without sufficient funds, in two counts. A prior conviction of a felony was also charged, and admitted. Upon trial by the court without a jury defendant *41was convicted, on both counts. From the judgment and order denying motion for a new trial she appeals. Defendant presented two checks to the proprietor of the hotel in Los Angeles where she ...
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From the record herein it appears that on January 9, 1929, Bessolo & Gualano, Inc., a corporation, executed a promissory note in favor of itself for the sum of $13,500, payable six months after date, with interest thereon at the rate of eight per cent per annum, payable quarterly. Contemporaneously therewith, on the reverse side of said note, the corporation indorsed the same, and Angelo Bessolo, ...
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The plaintiff, as the surviving mother of Jessie Slone, commenced an action against the defendant to recover damages for the injury and death of her daughter while riding in an automobile owned by the defendant. The jury returned a verdict in favor of the defendant, and from the judgment entered thereon the plaintiff has appealed. On the eighth day of September, 1930, Jessie Slone and the defendan...
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Plaintiff: instituted this action to recover from defendants certain sums of money alleged to have been paid by them in compliance with the provisions of a written contract for the sale of cattle entered into between plaintiff and the defendant, S. G. Carr, which contract was alleged to have been rescinded by plaintiff because of certain false and fraudulent representations made to plaintiff by Ca...
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Malvena Gallatin, the plaintiff and respondent herein, was the owner of a lot in the city of Sacramento, on which was situated an old brick building consisting of the ground floor and two or three upper stories. The entire building was leased to George Manóles until May 31, 1923, who had subleased to Ned Licht a store on the ground floor for a term also ending May 31, 1923. In February, 1921, the ...
Views: 7
An amended information was filed by tbe district attorney of Los Angeles County charging tbe defendant with the crime of burglary and also with having suffered a prior conviction. Trial by jury was waived and defendant was found guilty as charged. From the judgment of conviction entered and from an order denying bis motion for a new trial he has appealed. *8The contention of appellant is that the ...
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Petitioner seeks a writ of mandate to compel the respondent court to direct a witness to answer certain questions asked upon the taking of a deposition. *3The deposition was taken in an action brought by petitioner against the Honolulu Oil Corporation and certain officers of said corporation, including the witness Mattei, the vice-president thereof. In said action petitioner sought to recover dama...
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This case was tried with the case of Daniel v. Jones, this day decided (ante, p. 145 [35 Pac. (2d) 198]), and the two were submitted to this court on one set of briefs. Plaintiff is the daughter of Helen Vera Daniel, who was killed in the same accident with Erie P. Daniel, her husband. This action is brought to recover damages for the death of plaintiff’s mother. The original complaint was by plai...
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From a judgment which was rendered against him pursuant to his conviction of each of the crimes of robbery and of burglary, as well as from an order by which his motion for a new trial was denied, defendant has appealed to this court. No question is raised by appellant regarding the sufficiency of the evidence to sustain the judgment. But since his defense to the charges upon which he was tried co...
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In an action to recover damages for personal injuries the jury returned a verdict in favor of the plaintiff and from the judgment entered thereon the defendant has appealed. /
In his first point he claims that his motion for a new trial should have been granted because the juror, Miss Vina Lewis, who had witnessed the accident and had formed and held an opinion that the defendant was liable, on he...
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After charge by complaint in the police court of the city of Glendale, a plea of guilty and sentence for violation of an ordinance making certain acts offenses if committed on a public street, on private premises or to the annoyance of other persons, it is sought by habeas corpus to release the defendant upon the ground that the complaint did not state facts sufficient to constitute a public offen...
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Plaintiffs in each of the above-entitled actions, which by order of court were consolidated for trial, appeal upon the same record from, a judgment entered in each case for defendant, upon directed verdicts returned by the jury.
Both actions were for alleged injuries suffered by plaintiffs in a collision between an automobile in which they were riding and a passenger train operated by defendant. T...
Views: 6
John Erickson, bachelor, aged 72 years, a resident of Los Angeles County, died on the thirty-first day of August, 1930, leaving an estate in said county. He left a will which had been executed on August 2d, 1930. This will was duly admitted to probate on September 16, 1930, and Jenny H. Monten, who was named in the will as executrix, became the duly appointed and qualified executrix thereof. In Ma...
Views: 7
The next of kin of Zaidee V. Smith, deceased, appeal from that part of a judgment wherein it was decreed that a certain will executed August 16, 1929, but not produced, be admitted to probate as a part of the last will and testament of Zaidee V. Smith, executed March 17, 1932. Appellants in their brief state the questions involved in this appeal as follows: “May a will be proven and admitted to pr...
Views: 6
Action by plaintiffs to recover damages from defendant physician for alleged malpractice in treating a child of plaintiffs. Defendant denied all material allegations of the complaint except that of the death of such child, and set up as a bar to the action a judgment for $75 in his favor and against plaintiffs for the reasonable value of the services rendered by him in treating the child. Such jud...
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This is an appeal by certain defendants from a judgment in favor of plaintiff in an action to foreclose a mortgage.
In September, 1924, defendant Anaheim Investment Company and others executed a promissory note in favor of plaintiff, which note was secured by a mortgage on certain real property. The plaintiff herself owned a life estate in said property. The note was an unusual one, reading in par...
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The plaintiff commenced an action against numerous defendants to collect a deficiency accruing to the plaintiff on the foreclosure of a deed of trust. The trial court sustained the demurrers of certain defend*225ants without leave to amend. From the judgment in favor of those defendants the plaintiff has appealed. A. Hart, as beneficiary, conveyed to the Bank of America, as trustee, lands in Los A...
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The application of the above-named petitioner for a writ of prohibition is hereby denied upon the authority of section 14 of article I of the Constitution, and the cases of Marblehead Land Co. v. Superior Court, 62 Cal. App. 408 [217 Pac. 536], and Stone v. Cordua Irr. Dist., 72 Cal. App. 331 [237 Pac. 554], In the Marblehead Land Company case it was held that the court might fix the amount of the...
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In 1927, J. B. Bole, respondent herein, and C. I. Lovejoy, appellant, entered into an agreement, wherein Bole sold to Lovejoy all of his right, title and interest in the Young-Saekett & Company or Guarantee Underwriters Incorporated, together with his interest in certain outstanding contracts. The selling price was evidenced by a promissory note for $2,500 secured by a deed of trust on certain rea...
Views: 2
This is an action brought by plaintiffs to have it decreed that they are entitled, by prior appropriation, to the waters of a stream in the county of El Dorado known as Johnson’s north canyon. This stream rises to the east of all of the lands here involved and flows into the south fork of the American River at a point below all of the lands and points of diversion herein referred to. The flow in J...
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The defendant was charged in one count of an information with the crime of grand theft in that he wilfully, unlawfully and feloniously took the sum of $240 from one Martin Frame and, in a second count, with the violation of section 222 of the Penal Code in that he wilfully, unlawfully and feloniously administered to the said Martin Frame a narcotic, anaesthetic and intoxicating agent, to wit: Phen...
Views: 1
This is an action on a stockholders’ liability.
Plaintiff as assignee of the creditors of Taits Incorporated, a corporation, sued certain stockholders of such corporation to recover from them amounts allegedly due on account of a stockholders’ liability under the provisions of section 322 of the Civil Code, since repealed. Defendant and appellant Pacific Products, Inc.,' denied that there was any ...
Views: 0
Appellant M. J. Ryan Company brought this action to recover $1300 principal, interest and attorneys’ fees on an executory contract of sale of a tractor signed by defendant M. D. O’Dell and respondent Jennie L. Brown. Defendant defaulted. Respondent filed an answer which attempted to set up the defense of fraud but lacked some essential averments. The case went to trial on these pleadings and the t...
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Appellant was convicted of the crime of kidnaping. He has appealed from the judgment and from the order denying his motion for new trial, and has attempted to appeal from the verdict of the jury. He urges that the evidence is insufficient to support the judgment and that the trial court committed error in overruling his objections to questions asked by the district attorney and in refusing and mod...
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The petitioner had judgment against the respondents, as the Trustees of Washington School District, for the sum of $1400, balance found due by the court as the petitioner’s salary as a school teacher of said district for the school year of 1931-1932. Prom this judgment the respondents appeal. The petition in this cause alleges the qualifications of the petitioner as a school teacher of the state o...
Views: 1
As far as they may concern a determination of the question presented herein, the pertinent facts are that, in the course of the administration of the estate of Godfrey Edwards, deceased, piirsuant to an order that was made by the superior court, a certain sum of money *163therein determined to be due to the state as an inheritance tax was paid by said estate. Some sixteen months thereafter, for wh...
Views: 1
The district attorney filed an information against the defendant which contained two counts. In the first count the defendant was charged with violation of section 285 of the Penal Code. In the second count he was charged with a violation of the Juvenile Court Law (2 Deering’s Gen. Laws, Act 3966, p. 2075). The defendant pleaded not guilty to each count. After a trial before the court sitting with...
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The petitioner applied to the trial court for a writ of review. The respondents appeared, filed *156a return, and a trial was had before the court sitting without a jury. The trial court rendered judgment in favor of the respondents and from that judgment the petitioner has appealed and has brought up a bill of exceptions. Theretofore the petitioner had been a permanent teacher in Lynwood elementa...
Views: 0
Petitioner seeks a writ of mandate to compel the respondent court and the clerk thereof to issue execution. From the petition it appears that petitioner obtained an interlocutory decree of divorce in 1924 and a final de*152cree of divorce in 192'5. By the terms of said interlocutory decree, the husband was ordered to pay to petitioner the sum of $250 per month for the support of petitioner and the...
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This is an action to terminate defendant’s rights under a written lease' and to quiet plaintiffs’ title to the premises described therein.
The lease was for a term of ninety-nine years commencing on June 1, 1923, and was executed by Edward Caswell, now deceased, and Minnie M. Caswell, his wife, to Roy C. Bailie (who will be hereinafter referred to as the lessee). In addition to all taxes and asses...
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Appellant brought an action against Elsie I. Bozeman as Superintendent of Schools of Kings County, and D. Bunn Rea as Auditor of that county, upon four assigned claims against the Reefe School District, seeking to compel them to audit and order paid the warrants issued by the board of trustees of the district for labor performed and materials furnished. Judgment went for respondents and this appea...
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This is an action for damages brought by the heirs of Martin Lubenko, who was killed in an automobile collision which occurred at the intersection of Butler Avenue and Cedar Avenue near the city of Fresno on September 20, 1931. A Beo truck about fifteen or sixteen feet long and weighing from 5,200 to 5,500 pounds, owned by the defendant corporation and driven by the. individual defendant, was proc...
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Defendant appeals from a judgment which followed his conviction of the crime of assault; also from an order by which his motion for a new trial was denied. The incident which resulted in the alleged assault of which defendant was convicted arose on an occasion when a so-called “hunger parade” was about to take place. The pertinent testimony adduced on behalf of the prosecution was to the effect th...
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Plaintiff brought this action against the defendants for the purpose of declaring a grant deed given to defendant Aaron Nadler on March 1, 1917, to be a mortgage. The trial court made its findings and rendered judgment in favor of plaintiff and against defendants, declaring said grant deed to be a mortgage, and finding and decreeing that title to the property was held under a resulting trust, and ...
Views: 0
Plaintiff obtained judgment against the defendant in an action for personal injuries suffered by her in an automobile accident which occurred on the eighteenth day of July, 1931, on a public highway in Humboldt County. From this judgment the defendant appeals.
No contention is made in the appellant’s brief that the judgment of the court is not sustained by the testimony showing gross negligence on...
Views: 4
This petition for habeas corpus arises as follows: Petitioner was arrested for violation of chapter 339, Statutes of 1923, as amended in 1931, Act 1970, section 2 (Deering’s Gen. Laws, 1931), Deadly Weapons Act (alien carrying weapon), and bound over to superior court for trial. He here claims that the proof of alienage belonged to the corpus delicti, that the only evidence introduced before the m...
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Two cases involving the same questions are before us on appeal, one brought by A. W. Burrill, as trustee in bankruptcy of the Estate of United Finance Company, a corporation, and the other by Herman C. Smith [Smith v. Robert Marsh & Co., (Mem.) (31 Pac. (2d) 826)]. Robert Marsh & Company, Inc., and Robert Marsh were named defendants in each action. In the Smith case A. W. Burrill, as trustee in ba...
Views: 4
Defendant George Eadanovich and Ognjen Bukvich, deceased, were during the latter’s lifetime engaged in the purchase and sale of real property in Los Angeles County. Bukvich died on July 20, 1926. At that time the record title to portions of two lots stood in the names of the partners. A portion of one of the lots had been sold by them to one Sotere, and the balance of the purchase price was collec...
Views: 12
This matter comes before us on a motion for dismissal of appeal or affirmance of judgment. It appears from the record before us that an action was commenced by Security First National Bank of Los Angeles, a national banking association, against J. G. Ruddle Properties, Inc., and Carl E. Wagner et al. Judgment was entered by the trial court in favor of plaintiff and upon appeal to the Supreme Court...
Views: 0
The defendant in this action was,' on the sixteenth day of January, 1934, arraigned upon an information charging him with lewd and lascivious conduct, etc. To the information the defendant entered a double plea— “guilty”, and “not guilty by reason of insanity”. Following this plea a trial was had to determine the mental condition of the defendant at the date of the commission of the act to which h...
Views: 9
Plaintiff brought this action seeking to set aside certain alleged fraudulent conveyances, which conveyances had been made by defendant Frederick C. Wolter to defendant Dora Louise Wolter, his sister. At the time of the filing of defendants’ answer, defendant Dora Louise Wolter filed a cross-complaint seeking to quiet title to the property so .conveyed. At the close of plaintiff’s case the trial c...
Views: 5
The- defendant was accused in an information filed by the district attorney of San Diego County with the commission of two offenses. The first count of the information alleged a violation by the defendant of section 288 of the Penal Code. The second count alleged a violation by the defendant of the Juvenile Court Law of the state of California. Upon arraignment the defendant entered a plea of not ...
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Page 625
On petition of the City of Long Beach the writ was issued herein for review of an award made by the Industrial Accident Commission in favor of respondent Loyd DeFries. It is admitted that on April 7, 1933, DeFries was in the. employ of the city as an electrician, and as such employee sustained an injury arising out of and occurring in the course of his employment. No question is raised concerning ...
Views: 0
In March, 1928, the defendants purchased from the plaintiffs a certain tract of land, the deal being handled through an escrow. The escrow instructions recited that the purchase price of the property was $100,000, payable as follows: $26,000 by the delivery of a deed of trust executed by third parties covering an apartment house in Long Beach, $4,000 by the conveyance of other real property, $500 ...
Views: 1
This is an appeal from a judgment entered after the sustaining of an amended demurrer to plaintiffs’ complaint without leave to amend. The demurrer was both general and special. Among various grounds it plead the bar of the cause of action by the provisions of subdivision 1, section 339 of the Code of Civil Procedure.
An examination of the complaint discloses the following allegations: That the pl...
Views: 7
The defendant appeals from judgments of conviction on two counts; the first charging him with violating chapter 339, Statutes of 1923, by possessing on or about April 26, 1933, “an instrument and weapon commonly known as a black-jack and billy”; the second charging a violation of the same law, as amended in 1931, Act 1970, section 2 (Deering’s Gen. Laws), and alleging that,' on or about the date m...
Views: 8
Tbe plaintiff Maybelle I. Schellen-berg, at about 6:15 P. M. on tbe nigbt of January 2, 1931, while crossing C Street in tbe city of San Diego, at tbe intersection of that street with Thirteenth Street, sustained severe injuries through being struck by an automobile delivery truck owned by the defendant corporation and driven by tbe defendant Banks. In this action for damages which followed, tbe j...
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Petitioner worked as court reporter in department 24 of the Superior Court of Los An-geles County on the twentieth and twenty-first days of December, 1932. The clerk of said court certified that such services were rendered and the judge presiding in the department made his certificate of the fact that they were rendered under his order and were a just and legal charge against the county, and order...
Views: 2
Luther Glancy was convicted in a justice’s court of disturbing the peace and sentenced to the county jail for six months. While confined therein, and before the expiration of ninety days, the maximum legal imprisonment for such offense, he petitions, through his attorney, in habeas corpus to be released on the ground that the judgment is void. But the judgment is not void and habeas cor pics will ...
Views: 0
In the above estate the executor Bank of America National Trust and Savings Association filed in the lower court its first account as such executor. In said first account, after setting forth its receipts and disbursements, there was set forth, among other matters, “that there has also been presented against said estate the claim of E. M. Rea for the sum of $6,429.60, which claim has not been appr...
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On April 21, 1931, the decedent, Henry Hoover, made his will. Thereafter he made codicils to such will dated respectively September 18, 1931, September 23, 1931, October 8, 1931, and October 10, 1931. In the will of April 21st, Henry Hoover, after bequeathing four legacies totaling $14,000, gave the entire residue of Ms estate to Gertrude Hoover, his daughter and only child, the appellant herein; ...
Views: 0
The complaint in this case filed by respondent as the executrix of the estate of Thomas Murphy, deceased, was for cancellation of a deed purported to have been given by said Murphy in his lifetime to Alice Burns, the appellant herein, charging that the purported deed had been obtained from said Murphy by undue influence. After hearing all the evidence in the case upon motion of the respondent the ...
Views: 2
In a trial before a jury the plaintiff had a verdict for $9,600 damages for the death of her husband. The facts are not disputed in so far as they relate to the issues raised on this appeal. Plaintiff ’s husband was struck by a motorcycle operated by one Hoy, a member of the Emeryville police department. The complaint alleged and the answer admitted that Hoy was then acting within the course and s...
Views: 2
In a trial before a jury the defendant was convicted upon an information charging robbery and ■the jury fixed the offense as of the first degree. The defendant appeals from the judgment and from the order denying him a new trial. The sole ground raised is that the evidence is insufficient to sustain the verdict and the degree of the crime. The complaining witness testified that, as he was about to...
Views: 0
In this action for money had and received judgment was rendered jointly against The S. A. Gerrard Company and Tom M. Watanuki. From this judgment the company only has appealed. A motion for nonsuit was granted with respect to the defendant H. M. Young.
The appellant, a fruit marketing company, concedes that the money which is involved in this suit was received by it from the proceeds of the sale o...
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Appellants were convicted of two counts of robbery in the first degree. Pierson and DelFante had each been charged with and had admitted a prior felony conviction. From the judgment and from the order denying motion for a new trial this appeal is taken on the ground (1) that the evidence is insufficient to support the verdict and (2) that a separate trial should have been ordered as to DelFante. A...
Views: 6
Defendant appeals from a judgment which, followed his conviction of each of the crimes of robbery and assault with caustic chemicals. He also appeals from an order by which his motion for a new trial was denied. The action was tried before the court sitting without a jury. Notwithstanding that which is palpable error in the statement made by appellant regarding the specification of alleged error u...
Views: 0
This is an appeal by the plaintiff from a judgment of dismissal of the action, following upon the court’s order sustaining the several demurrers of the defendants to the third amended complaint. This appeal is presented on the judgment-roll. If the complaint stated a cause of action, the judgment should be reversed. Relying upon the authority of Westwater v. Rector etc. of Grace Church, 140 Cal. 3...
Views: 2
Under an information charging the defendant with the crime of petty theft with prior conviction of a felony, to wit, robbery, the evidence proved that defendant committed the crime of petty theft in the county of Los Angeles, and that theretofore, in a court of competent jurisdiction in the state of Montana, he had been convicted of the crime of robbery and had served a term of imprisonment theref...
Views: 1
Tbe sole ground of appeal is that tbe evidence is insufficient to support the verdict. Appellant contends that the case for the People depends wholly upon tbe testimony of the witness Ray Pinker, an expert chemist. It appears that in connection with the burglary of a grocery store a small safe was broken open and tbe contents taken away. 'The defendant’s place of residence was in another part of t...
Views: 6
In the early part of June, 1932, the board of supervisors of San Diego County undertook to appoint one J. W. Cole as county road superintendent, at a salary of $3,600 per year, such duties and salary to begin as of July 1, 1932, and on June 6, 1932, adopted a resolution in the words and figures following: *707“In the Matter of tbe County Road Superintendent: “Resolution Defining Duties of County R...
Views: 3
This is an appeal by defendants from a judgment entered on a verdict of a jury awarding damages for personal injuries and for medical, surgical and hospital treatment suffered and incurred by plaintiff as the result of an accident which occurred about midnight on the eighth day of December, 1931, on the Pacific highway a few miles south of the city of "Woodland, when an automobile stage owned by d...
Views: 3
The petitioner is a resident .of the state of Massachusetts and the wife of the plaintiff in an action for divorce commenced in this state. Her answer and a cross-complaint were filed and the cause set down for trial on May 17, 1934, on which date her counsel were for the first *694time able to make service of an order to show canse why attorneys’ fees, costs and alimony pendente lite should not b...
Views: 3
The heirs at law of "William Ritchie, deceased, brought this action against defendant hospital association and two of its employees for damages for his ‘death. At the conclusion of plaintiffs’ case, which was tried by a jury, the court granted a motion for nonsuit as to the employees. Evidence was then presented by the remaining defendant, the hospital association, and at the conclusion of the cas...
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The plaintiff brought this action against the two defendants, who are father and son, to recover a balance claimed to be due upon three claims for labor alleged to have been performed by plaintiff’s assignors for and at the request of the defendants. The labor in question was performed in connection with the drilling of an oil well on a lease owned or controlled by the defendant Raleigh Whiston. T...
Views: 1
About 1 or 2 o’clock on the morning of April 14, 1932, one Joe Brooks, a colored man, broke into a chicken-house at the home of the defendant and while there was shot and killed by the defendant. The defendant at once reported the matter to the police authorities and an investigation was immediately made, the result of which *680was that the defendant was not held or prosecuted. This action was br...
Views: 4
Plaintiff; and appellant J. J. Richert, claiming to own an undivided half interest in certain real property situate within the city of Oceanside in San Diego County, filed in this action a complaint in which he alleged that the defendant Gr. H. Jones was owner of the *673other undivided half interest therein, and 'sought partition of the property. Numerous other persons and corporations, including...
Views: 4
In this action brought to quiet title to certain real property situated in Imperial County, Rosa Byers, one of the defendants, filed a cross-complaint asking that title to the property be quieted in her. After a trial the court made findings and entered judgment in favor of the cross-complainant on February 1, 1932. On February 9, 1932, the plaintiff served and filed a notice of intention to move ...
Views: 2
On November 2, 1933, in a divorce action between Mr. and Mrs. Bullock, a decree was entered denying divorce to either party and awarding custody of tbe minor child — a boy of eleven years — to the mother, subject to tbe boy being placed as a boarding pupil in a certain military school. On November 9, 1933, tbe mother filed her notice of appeal from the portion of tbe decree denying her a divorce a...
Views: 6
Page 658
Appellant filed in the lower court her “Supplemental petition for writ of mandate” in which she set forth that she held legal specifications for teaching in the senior high schools of this state and particularly for the Monterey Union High School District; that in 1931 the Board of Education of the Monterey Union High School District -attempted to discharge her, whereupon she filed her petition fo...
Views: 3
The sole question involved on this appeal is whether or not the land in controversy was and is a valid homestead. The trial court so found and rendered judgment for defendants. From this judgment plaintiff has appealed. On September 25, 1923, appellant recovered judgment against defendant Emile Y. Yan Bever in the sum of $385 for rent of premises upon which respondents, husband and wife, were livi...
Views: 0
In 1933 appellant as a taxpayer filed in the superior court “his petition for writ of mandate” in which he set forth, among other things, that in 1918 the respondent City and County of San Francisco inaugurated as part of its municipal transportation system an auto -bus service known and designated as “bus line No. 2”, describing its route, claiming that he was a patron thereof, and that said bus ...
Views: 0
Honorable Benjamin F. Bledsoe, for many years a distinguished judge of the superior court, *651and later judge of tbe United States District Court, obliged tbe litigants and tbe presiding judge of tbe Superior Court of Los Angeles County by accepting appointment as a pro tempore judge to try tbe case of Mabel P. Anderson et al., Plaintiffs, v. City Railway Company et al., Defendants, pending in tb...
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An employee of ¥m. L. Carpenter doing business as the Argonne Van and Storage Company, and insured by the Travelers Insurance Company, having received fatal injuries while riding as a passenger in an automobile of the employer, a petition was filed by the parents against said employer and the insurer for adjustment of their claim. After hearing, findings and an order were made that the evidence fa...
Views: 0
From a judgment of conviction of robbery entered on the verdict of a jury and from the order denying his motion for a new trial defendant has appealed. It is urged that the testimony of certain witnesses identifying defendant as the driver of a Chevrolet coupe used in connection with the robbery of a bank in Los Angeles, and in which the man who actually perpetrated the act escaped from the scene,...
Views: 1
An action by an attorney, as assignee, to recover from defendant, who was the chief of police of the city of ‘Watsonville, a sum deposited by plaintiff’s assignor as bail for his appearance on a criminal charge. Judgment was entered for the defendant, and plaintiff has appealed. The assignor was charged by a complaint filed in the police court of the above city with having contributed to the delin...
Views: 1
Page 666
The pertinent facts upon which a decision by this court depends are substantially' that Volunteers of America is a religious and charitable corporation having all the powers of a natural person “to do any and all things which a natural person might do necessary or desirable for the general purpose for which the corporation is organized”; that in the performance of its several activities Volunteers...
Views: 5
This is an appeal from an order overruling objections to the first account of the guardian and settling and allowing said account.
Caesar Carniglia was committed to the state hospital under the provisions of sections 2168 et seq. of the Political Code on March 23, 1928. On April 27, 1928, D. C. Car-niglia was appointed the guardian of the person and estate of said Caesar Carniglia. Upon the filing...
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In the above-entitled matter the attorney-general has moved that the judgment and order appealed from be affirmed as no briefs have been filed by appellant. Although no briefs have been filed we have read the entire record. The evidence amply sustains the verdict of the jury finding the defendant guilty of violating chapter 339, section 1, of the, Statutes of 1923 as charged in count one of the in...
Views: 0
An appeal by defendant corporation from a judgment in favor of the plaintiff entered upon the verdict of a jury.
The defendant owned and operated a building in San Francisco. On August 21, 1929, plaintiff entered the building as an invitee to purchase merchandise. She alleged that while walking along one of the hallways she slipped and fell by reason of the negligence of the defendant.
The testimo...
Views: 5
This matter comes before the court on a petition for writ of review upon the following facts: That on the twenty-second day of November, 1929, the Superior Court in and for the City and County of San Francisco, in its action No. 201509 Civil, rendered and entered its judgment in favor of Philip G. Herrlein, plaintiff, as follows:
‘ ‘ 1. That defendant Fred A. Tocchini is indebted to plaintiff Phil...
Views: 0
One H. 0. Cummins had the exclusive Chrysler agency at- Vallejo, California. Commencing in 1925, respondent, a finance company, engaged in the business of purchasing new automobiles from distributors for dealers, and discounting and purchasing conditional sales contracts and other paper from such dealers, financed said Cummins in connection both with his purchase of new automobiles from the distri...
Views: 0
An appeal from a judgment denying a petition for a writ of prohibition. It appears that Oakland and Brooklyn townships in the county of Alameda each has a population exceeding 30,000 *606and that there is no municipal court in said county. On January 29, 1932, one Freitas brought suit against petitioner, as administrator of the estate of Manuel G. Morte, deceased, ,in the Justice’s Court of Oaklan...
Views: 0
This is an action by the trustee in bankruptcy to set aside certain transfers of property; judgment having been entered against the trustee. He now from that judgment prosecutes this appeal. On June 15, 1925, an automobile driven by Julia Van Winkle collided with a car operated by Ralph F. Pollock. As a result of the collision Mrs. Flora G. Chamberlain, mother of Julia Van Winkle, and a passenger ...
Views: 0
Plaintiff recovered judgment against the City of Los Angeles for damages to his property resulting from a street improvement. The trial court found that the work was fully and finally completed on or about September 21, 1927; that plaintiff made demand upon defendant on October 10, 1927, for payment of damages thereby sustained “in the form and manner provided by the city charter” and that the cla...
Views: 6
This is an action for money had and received. From a judgment in favor of defendants, plaintiff has appealed.
The record is voluminous and contains much immaterial matter. However, from the record we glean the following material facts:
In August, 1926, defendant Eagle Rock State Bank, hereinafter for convenience referred to as Eagle Rock Bank, and defendant Monterey Park Commercial and Savings Ban...
Views: 0
In an action for damages by an applicant for insurance, judgment was rendered against the casualty company and its agent, from which the company appealed.
The action was predicated upon negligence of the agent of the defendant company in withholding the application and premium delivered to him for transmission to his principal. That the agent solicited and obtained the same, to insure against inju...
Views: 20
From a' judgment of conviction of the crime of “grand theft”, and a denial of his motion for a new trial, defendant appeals, urging as grounds for reversal of the judgment and the court’s order the following points: “1. Insufficiency of the evidence. 2. Errors in instructions.” We find no merit in either of these contentions. As there is no new question involved in this appeal, we feel that no use...
Views: 4
The question involved on this appeal is whether or not, under the will of the decedent, sums provided therein for the support of certain beneficiaries are chargeable against the corpus of the trust estate, the income therefrom being insufficient for thé purpose. Decedent died February 12, 1930, leaving a will dated December 4, 1929, and'a codicil thereto dated January 31, 1930. The will and codici...
Views: 2
Plaintiffs, by tbeir complaint containing the allegations usual for such purpose, sought to quiet their title to lands in Signal Hill, Long Beach. In their answer, defendants pleaded the execution and delivery of an oil and gas lease by plaintiffs, and its assignment to defendants and alleged its full performance by them. The defendants also cross-complained against cross-defendant, a subsequent l...
Views: 2
This action was originally brought by Alice H. Wright, plaintiff and respondent, as assignee of Harrison G. Sloane and Robert B. Burch, to recover from appellant G. L. Strobeck, and V. A. Adams and W. E. McDonald, as defendants, the amount of certain attorneys’ fees alleged to be due from them to said Sloane and Burch. The complaint, as initially filed, set out two causes of action, the first, aga...
Views: 3
The defendant was charged in an indictment with grand theft and a violation of section 532 of the Penal Code. The first count alleged that he unlawfully took the property of the Bank of America, etc., a corporation, of the value of $9,500; and the second, that for the purpose of obtaining loans from said bank he knowingly, falsely and fraudulently, with the intent to deceive and defraud, pre*549se...
Views: 11
Appellant was charged with having committed petty theft and with. having been three times previously convicted of petty theft. He admitted the prior convictions, pleaded not guilty to the main charge, and upon trial before a jury was found guilty. Part of the evidence introduced against him consisted of a confession which the prosecution claimed was made by him shortly after his arrest; and as gro...
Views: 10
Fred A. Sutherland operated seven automobile bus lines, having his headquarters at San Diego. On September 20, 1929, he entered into a written contract with the San Diego Electric Railway Company, a corporation, under which he agreed to sell and the railway company agreed to buy the operative rights • to three of these automobile bus lines; together with all franchises, permits, licenses, easement...
Views: 0
The appellant was convicted in the Superior Court of San Joaquin County of a felony, to wit: Burglary of the second degree. The transcript on appeal was filed in this court April 20, 1934. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on June 11, 1934. No appearance was made for appellant at the time the case was called for hearing...
Views: 0
This action was commenced by the respondent Hayward Lumber and Investment Company, as plaintiff, against appellant Eric Lyders, one IT. N. Stal-nalcer and others, as defendants. The complaint embraced two counts, one alleging a materialman’s lien for $1853.72 on a certain structure and the real property on which it was situate belonging to appellant Lyders in Imperial County, and the other seeking...
Views: 1
This is a consolidated appeal by plaintiffs from judgments rendered in favor of defendant after general demurrers had been sustained without leave to amend. Both plaintiffs were directly affected by the street improvement hereinafter set forth, hence the consolidation. In 1928 a proceeding for the improvement of Soto and Lugo . Streets in the City of Los Angeles was instituted under the Boundary L...
Views: 2
To the fourth amended complaint a demurrer was sustained without leave to amend. The appeal is from the judgment sustaining the demurrer.
The said complaint alleged in substance as follows: That the Golden States Metals Refining Company, Inc., was, on June 15, 1928, a corporation; that said corporation was dissolved by the superior court on or about May 1, 1929, and its assets were distributed to ...
Views: 0
In 1929, in a certain case of the People of the State of California v. Jose Alvarez, in the Superior Court of Los Angeles County, the bail bond was forfeited because of the nonappearanoe of the defendant for trial, and a summary judgment being entered on the bond in favor of the plaintiff herein, the amount thereof, and of the bond was paid by the defendant in the sum of $3,000, and said sum was d...
Views: 0
An information was filed against defendant by the district attorney of Los Angeles County containing seven counts charging forgery, nine charging fraud in keeping the books of a corporation and two charging the presenting of false claims of insurance. Count XIV was dismissed, and the jury returned verdicts of guilty on counts III and V (forgery), counts VIII,. IX, X, XI, XII, XIII, XV, XVI (fraud ...
Views: 8
The petitioner is here seeking annulment of an amended ord'er for immediate possession made in a proceeding in eminent domain. Heretofore “County of San Mateo, a political subdivision of the State of Cali*711fomia” commenced an action in eminent domain against this petitioner and man> others. Those parts of the complaint in that action material to a consideration in this action are as follows: ...
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This appeal was taken on the judgment-roll alone. The sole question presented is whether the trial court, after having denied plaintiff a divorce, exceeded its jurisdiction, as defendant contends, in decreeing, in accordance with the allegations of the complaint, that plaintiff was the sole and separate owner of a lot described therein. *707An analogous situation was before the Supreme Court in th...
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The plaintiff and the defendant entered into a partnership to operate a meat market, and about a year afterwards plaintiff brought this action for its dissolution. He asked also for the appointment of a receiver, an accounting, and attorney’s fees. The defendant died during the pendency of the action, and the cause was after-wards tried and determined on the issues raised by the complaint, the ans...
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A rehearing was granted in this case to give further consideration to the question regarding the statutory liability. of the owner of an automobile who, for hire, permits it to be used and operated by another person through whose gross negligence a guest is injured. The appellant was engaged at Sacramento in the business of renting automobiles to be operated by other persons. The company owned the...
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This appeal is from a judgment awarding plaintiff damages for the death of his daughter who was killed in an automobile accident which occurred in March, 1931. On the day in question defendant, accompanied by three companions, all being students of the University of Oregon, were on their way from Eugene, Oregon, to Berkeley and San Francisco. They had left Eugene about 3 o’clock in the afternoon t...
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The plaintiff had judgment in the sum of $1,021.03 against the defendants for and on account of the alleged failure to comply with the terms of a certain building contract entered into between the plaintiff and the defendant Frank Hopkins and a certain indemnity bond executed and delivered by the Central Surety and Insurance Corporation, a corporation. From this judgment the defendants appeal.
Upo...
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In an action for commissions of a broker alleged to have been collected by defendant after the parties had been brought together, judgment was rendered in favor of plaintiff, from which the defendant appeals. It is contended that the findings of fact are not supported by the evidence, and that certain thereof were erroneously placed among and denominated as conclusions of law. It appeared that in ...
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This is a companion appeal to People v. Anderson, Criminal Number 1777, the opinion in which last-named appeal has been this day filed (ante, p. 680 [33 Pac. (2d) 66]). The appeal herein was taken from an order denying a motion to correct the clerk’s transcript on appeal in the companion case. The transcript on this appeal was filed December 27, 1933. At the request of counsel for appellant this *...
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Defendant was convicted of the crime of grand theft. He has appealed from the final judgment of conviction and the order denying his motion' for a new trial. . The transcript herein was filed on December 22, 1933, and the cause was regularly on the calendar on the nineteenth day of February, 1934. Counsel for appellant appeared at that time and requested further time for the filing of appellant’s ...
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This is an original proceeding in certiorari to review an order of the superior court directing the petitioner to appear before a commissioner designated for the purpose of taking his deposition. The application for the commission alleged that the applicant expected to be a party to an action which he intended to commence against the petitioner herein. The burden of petitioner’s attack upon the or...
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Appellant was tried before a jury and convicted of the crime of robbery. His appeal is taken from the judgment and from the order denying his motion for a new trial. The evidence of the complaining witness is that as she left her car at a service station in the city of Oakland she saw the defendant walking toward her with a gun in Ms hand; that she started to run but tripped and fell, losing her p...
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Defendants in a civil action having appealed from a judgment in the superior court, the plaintiff after delay in filing the transcript presented therein a motion for an order to terminate its preparation, which motion was denied without prejudice. Thereafter, said motion was renewed, whereupon a stipulation of the parties was entered in the minutes that it be denied on condition that the transcrip...
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The defendants having appealed from a judgment in the superior court in favor of the plaintiff in an action for damages, the latter filed a motion to dismiss said appeal upon the ground that the record has not been prepared or filed as required by the Code of Civil Procedure, that there is no proceeding pending in the superior court for settlement of the record and that proceedings to procure such...
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Our writ of review previously issued to the respondent court in the matter of its judgment of contempt of court pronounced upon petitioner. The statements of fact as contained in the briefs enable the issue to be stated in one question. Is an attorney at law, employed by an attorney at law, guilty of contempt by appearing in court under instruction of his employer and arguing a motion in a pending...
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The sole question involved in this proceeding is: Did respondent board act in excess of its jurisdiction in revoking permits theretofore issued to petitioners authorizing them to conduct the game called “Tango” or “Skill Ball”? The authority of the board to revoke permits issued under the ordinance authorizing them is not questioned, “if said board becomes satisfied that the conduct of such games ...
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An action was pending in the superior court in which a motion was filed by the plaintiff, through her attorney, the petitioner herein, R. C. W. Friday. The motion was presented and submitted to Honorable William S. Baird, judge of said court, on March 7, 1934, and thereafter said judge denied the relief asked for, to wit, attorney’s fees, court costs, -support- and maintenance pendente lite. On th...
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The evidence produced at the trial of this case, upon which the defendant was convicted of the crime of grand theft, is evidence tending to prove that the crime was committed by embezzlement of trust funds lawfully in possession of the defendant. At the time when, according to the indictment, the crime is charged to have been committed, viz., February 24, 1933, defendant was the administrator of t...
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The principal question presented by this appeal is one of priority of a mechanic’s lien over a recorded deed of trust. The defendant Corbett, on January 11,1929, applied to respondent for a construction loan of $2,500, with which to build a dwelling. He signed a note for that amount and a deed of trust. The deed of trust was recorded on January 18,1929, in the official records of the county of Los...
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The defendant has appealed from a judgment which was rendered against him for one-half of the commissions or profit derived from the sale of real prop*639erty pursuant to an oral agreement which, he had with the plaintiff by the terms of which a joint adventure was created with relation thereto.
The complaint alleges that the plaintiff and the defendant were duly licensed real estate brokers in Ma...
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This is an appeal in the two cases entitled above and tried together, denying damages to Newell Francis Whitsett for personal injuries which he,-suffered as a result of an accident while riding as a guest in an automobile operated by the defendants, and denying plaintiff Thomas Whitsett damages for the loss of services of his son, resulting from such injuries.
The principal issue here presented is...
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Defendant was charged by an amended information filed November 2, 1933, in count I with the murder of his child, Geraldine Pivaroff, and in count II with assault with a deadly weapon with intent to commit murder on his wife, Sarah Pivaroff. The jury found him guilty as to count I with recommendation of life imprisonment, and guilty as to count II. Prom judgments of conviction entered on said verdi...
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Defendant appeals to this court from an order denying motion to quash writ of execution and from the order denying his motion for relief from default under section 473, Code of Civil Procedure. By complaint in conversion it was alleged by the plaintiff: “That on or about April 2, 1927, the plaintiff was the owner of shares of the preferred stock of Hollywood Mortgage and Finance Corporation, . . ....
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Appeal from a judgment in favor of plaintiff for the sum of $3,808.15, rendered by the court sitting without a jury, as damages suffered by the plaintiff as result of injuries he received when struck by an automobile being driven by defendant. The only grounds urged by appellant for a reversal of the judgment are that certain findings of fact are not sustained by the evidence. Appellant concedes i...
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This is an application for a writ of habeas corpus. The application was based on the claim that Davis has been held, without reasonable or probable cause, for trial in the superior court on a charge of murder. To the petition there are attached as an exhibit the depositions taken before the committing magistrate. From the record the following facts appear: On July 8, 1930, George Davis was in Geor...
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The defendant was charged, under section 148 of the Penal Code, with the crime of resisting a *615public officer while in the discharge of his duties. He was found guilty by a jury and has appealed from the judgment and from an order denying a motion for a new trial. The incident out of which this charge arose occurred in Tustin on the evening of October 28, 1933, at the home of the appellant’s da...
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On the twenty-first day of November, 1933, an information was filed in the Superior Court of the County of Sacramento, charging the appellant, together with Frank Crawshaw and F. E. Collins, with the crime of burglary, alleged to have been committed in the city and county of Sacramento, on or about the eleventh day of October, 1933, in that the said defendants did enter the office of the Rainier D...
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The plaintiff began this action to collect from the defendant the sum of $1784.76, alleged to be due the plaintiff for and on account of money received by the defendant for the uses and purposes of the plaintiff. The answer of the defendant denies indebtedness to the plaintiff, and by way of cross-complaint alleges that the plaintiff was indebted to the defendant in the sum of $99.81. The defendan...
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The defendant was. charged with the crime of murder, it being alleged that he shot and killed *594one Leon Ecides at El Toro, in Orange County, on July 21, 1917. A jury found him guilty of murder in the first degree, recommending life imprisonment. This appeal is taken from the judgment and from an order denying a motion for a new trial. The main and practically the only point presented is that th...
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Appeal by plaintiff from a judgment of nonsuit rendered in an action brought to secure a money judgment. The controversy arises out of the filming of a picture intended to portray the activities of the notorious Jesse James, who was the grandfather of the plaintiff. The amended complaint contains three counts. The first alleges that plaintiff performed services for defendants at their request, and...
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From the record herein it appears that one Straight and his minor son sold to the plaintiffs a certain promissory note, secured by mortgage. At no time preceding the date of said sale were the plaintiffs acquainted with the fact that a minor was a part owner of said note and mortgage. In the course of effecting an assumed transfer of the mortgage Straight and his minor son indorsed, each with his ...
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The respondent commission denied petitioner’s application for compensation upon the ground that the evidence before it failed to establish that the hernia for which he sought to be compensated was caused or exacerbated by an injury arising out of his employment; and subsequently petitioner’s application for rehearing was denied. In the present proceeding instituted by petitioner to have the action...
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Defendant was convicted after trial by jury of the crime of arson. He appeals from the judgment and from the order denying a new trial. The appellant presents two points: That the evidence is insufficient, and that the trial court erred in denying his motion to reopen the case after it had gone to the jury. The evidence is all circumstantial. At about 3:38 A. M. of October 11, 1933, a blazing fire...
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This is a motion to dismiss an appeal taken by the defendant after conviction of burglary in the second degree. The motion to dismiss was made on the ground that the appeal was not taken within the time prescribed in section 1239 of the Penal Code and on the ground that a statement of the grounds of appeal was not filed within five days after giving notice of appeal, as provided for in Rule II, se...
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Appeal from a judgment of nonsuit. Plaintiff in a jury trial had obtained a judgment of approximately $4,000 against Raymond Leomazzi, driver of an automobile which collided with another in which plaintiff was -riding. To recover the amount of this judgment she brought suit against Union Automobile Insurance Company *574and others, and after resting her case defendants’ attorney moved for a nonsui...
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Petitioner brought an action in the superior court setting up six alleged causes of action, to which the defendant interposed demurrers to all but the first two. The court sustained the demurrer as to each cause as against which it was directed, and gave ten days to amend. Petitioner asks us to command the superior court by mandamus to proceed to take jurisdiction of the sixth cause of action with...
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Defendant appeals from a judgment for plaintiff in an action for damages for breach of contract. Prior to January 18, 1923, appellant corporation, being engaged in the business of buying and selling bonds for investment purposes, purchased a number of bonds of the Sunnyside Irrigation District of Washington County, Idaho, and offered' same to respondent for sale. About January 18, 1923, respondent...
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The guardian of the minor brought this action to recover damages for injuries suffered by the minor while a passenger on a roller coaster operated by the defendant. The coaster was in the nature of a miniature scenic *564railway consisting of a train of small cars constructed to carry two passengers each. The minor and two companions boarded one of the cars; an employee o£ defendant notified them ...
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The two plaintiffs were passengers for hire riding in a motor vehicle owned by the defendant corporation and operated by its employee Graves. In crossing an intersection of streets in the city of’1 Los Angeles the vehicle was struck by one operated by defendant Harding. Mrs. Pilcher was thrown from the car and suffered a slight strain in her back. In a trial with a jury plaintiffs had a verdict, f...
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This is an original application for a writ of certiorari. The petition which was filed with this court on February 2Ó, 1934, alleges that prior to March 17, 1931, an action numbered 20966 was instituted in the Superior Court of Riverside County in which Walter Gould Lincoln was plaintiff and W. F. Dreher, Fairview Farms Company, a trust; Fairview Finance Corporation, a corporation; Dreher & Philpo...
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This action grew out of a collision between an automobile driven by respondent and a street ear of the Fresno Traction Company, operated by W. E. Zoerb. The accident occurred shortly before 12 o’clock noon on the twenty-second day of February, 1932, at the crossing of West Avenue by the street-car tracks, just outside the city limits of the city of Fresno. West Avenue runs in a northerly and south...
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The defendant has appealed from a judgment of $2,714.80 which was rendered against it by the court sitting without a jury, in a suit upon an insurance policy for loss by fire of certain personal property.
Through its Stanislaus County agent, J. F. Campbell, the defendant insurance company, on September 26, 1930, on receipt of $67.50 which was paid as premium therefor, *531issued to the plaintiffs ...
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Defendant appeals from a judgment which followed his conviction of the crimes of burglary and robbery and from the order denying his motion for a new trial. The evidence discloses that at about 3:30 o’clock in the morning of October 24, 1933, in company with another man, defendant entered the bungalow apartment of one Leigh, pointed a gun at the latter and his servant Bahr and obtained certain mon...
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As propounded by appellants “the sole point of this appeal concerns the interpretation of the first ' California Moratorium Law (Stats. 1933, chap. 30), which went into effect March 10, 1933, for 60 days, to May 10, 1933; appellants contend that said law was meant to stop the advertising of a contemplated sale as well as the actual sale itself under a deed of trust”.
Prom the agreed statement of f...
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In this matter it appears that one Joseph L. Kline died leaving a last will that included the following provision with reference to the disposition of the residue of his estate, to wit:
“All of the rest and remaining net income received and derived from the trust estate, and after the death of Charles S. Kline and/or Carrie -Pedder the income to which he or she would be entitled, if living, shall ...
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This is an appeal from an order deny- • ing a motion for a change of venue to Los Angeles County in an action filed by the respondent in Tulare County to recover, as beneficiary, under two policies of life insurance issued by the appellant. The appellant’s principal place of business is in Los Angeles and the policies were applied for by the respondent’s husband and delivered to him in that county...
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This is an appeal from a judgment entered following an order sustaining demurrers to appellants’ amended' complaint without leave to amend, their counsel announcing that they did not desire leave to amend.
Appellants, who brought this action for themselves and the other property owners of the district, own property in Acquisition and Improvement District No. 13, which was organized for the improve...
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The clerk's and reporter's transcripts were filed in the office of the clerk of this court on March 8, 1934. The case was placed on the calendar, called April 10, 1934, and was continued to May 8, 1934. No appearance was made for appellant, and no brief has been filed in his behalf. The attorney-general moved to affirm the judgment under the provisions of section 1253 of the Penal Code. The motion...
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The appellant was convicted of two counts of manslaughter and one count violating section 141, California Vehicle Act (Stats. 1923, as amended Stats. 1929, pp. 508, 544, chap. 254) in that he did not stop immediately; did not exhibit operator’s license; did not give his name and address and motor registration number; and did not attempt to render reasonable assistance after the automobile he was o...
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A complaint was filed in this action on May 19, 1933. A demurrer, filed on June 12, 1933, was sustained. On July 20, 1933, an amended complaint was filed, service on July 19th being admitted by Edward West as attorney for defendant Peter Nicholas Snyder. The action was later dismissed as to the other defendants. The default of the defendant Peter Nicholas Snyder was entered on September 30, 1933, ...
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By stipulation, the above actions are to be heard and determined in this court upon the record as made in the trial court in the two above cases.
Plaintiff Spraul is the credit manager of the Standard Pipe & Supply Company, and is the assignee of certain claims of the said company against defendant Garliepp and Mack, which account was for oil well and oil drilling machinery and supplies sold to Ga...
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This is an action to recover damages for injuries suffered in an automobile collision. The trial *488court made findings in favor of the plaintiff and from the judgment entered thereon the defendant Koyer has appealed. Third Street in Los Angeles runs east and west. Gramercy Place runs north and south and intersects Third Street at right angles. On the east side of Gramercy, Third Street has consi...
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This is an original application for a writ of prohibition. Petitioner and Ernestine Kruger were husband and wife. On February 26, 1932, the wife obtained an interlocutory decree of divorce. Said decree settled the property rights of the parties and no provision was made for alimony. About one year later the parties resumed marital relations and continued to live together for approximately eight mo...
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This is an appeal from a judgment following a directed verdict in an action for damages for wrongful death. All parties concerned are now convinced that the instruction for a directed verdict was erroneously given and, by stipulation, have consented and requested that the judgment be reversed and the action remanded for a new trial upon all of the issues. It is, therefore, ordered that the judgmen...
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This is an appeal from a judgment in favor of plaintiff and against defendants as sureties on a bond for the release of an attachment. It will not be necessary to recite the facts out of which this appeal arises as the matter was recently before this court upon an appeal from a judgment of dismissal in favor of defendants following an order sustaining a demurrer to the complaint, wherein the facts...
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Appeal by plaintiff from a judgment entered upon the findings and award of two of three members of a board of arbitration, the arbitration being agreed to by stipulation of the parties and carried out under the provisions of the Civil Code. Appellant’s contention is that the evidence does not support the award of the arbitrators, in this: 1st. The evidence is insufficient to sustain the findings t...
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Appeal by defendant from judgments of conviction entered on verdicts of guilty on two counts charging violations of the State Narcotic and Drug Act and a prior conviction, and from orders denying his motion for a new trial. Police officers of Los Angeles were advised by an informant that he had purchased narcotics from defendant. The officers then went to a park where such purchases were said to h...
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Plaintiffs filed their “Complaint for rescission and damages”. In the prayer of said complaint they asked for a decree declaring a certain conditional sales contract to be null and void and ordering defendant to return their promissory note for $512, together with the sum of $433 received by defendant under said contract. They also prayed for damages. Defendant answered denying practically all of ...
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This is an action to recover judgment upon an undertaking given by defendants as sureties for Balboa Motor Corporation, a corporation, to obtain the release of property attached and prevent the further levy of a writ of attachment issued out of the Superior *467Court of Orange County, in an action wherein H. O. Jones was plaintiff and Balboa Motor Corporation, a corporation, was defendant. The bon...
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In a contest by the executrix of the estate of Thomas Price, deceased, to á petition to determine interest, judgment was rendered adversely to said contest and she appeals therefrom.
It appearing from the proceedings in probate that the testator’s wife had left a will wherein she gave to him all her property, real and personal, “with the earnest request that he provide and maintain a home for my a...
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This cause concerns an action for damages resulting from an automobile collision within a street intersection. At the trial and on motion for a new trial, the defendant below prevailed and plaintiff below has appealed from the judgment and from the order denying the motion for a new trial.. As there is no appeal from the order denying a new trial, the attempted appeal therefrom is dismissed. Appel...
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In an action brought to recover damages for personal injuries the jury returned a verdict for the defendant. The plaintiff made a motion for a new trial, which was denied, and from the judgment entered on the verdict the plaintiff has appealed under the alternative method.
The plaintiff contends that the judgment is contrary to the law and the evidence. The contention cannot be sustained. The reco...
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The plaintiff, appellant herein, was a contractor and performed certain road work for Joint Highway District No. 12 of the State of California, under a contract dated July 18, 1930. There is but one ultimate question involved herein, and that is whether the asphaltic concrete used on the roadway should have been measured in the wagon at the point of delivery to the place of use, or whether it was ...
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The petitioners having been ordered to file their answer pending a motion for a change of place of trial in the hearing on motion for change of place of trial and after the overruling- of their demurrer,, ask that the superior court be required to set aside said ruling and to hear and determine such motion. By a complaint filed in the county of Los Angeles against numerous defendants, including pe...
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Motion to dismiss an appeal from a judgment in favor of defendants in an action for damages for personal injuries suffered by plaintiff, allegedly due to defendants’ negligence. The ground of the motion is the death of appellant. *448The motion and supporting affidavit were served on appellant’s attorney, who has not appeared nor controverted such statement. We therefore must assume that it is tru...
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On December 21, 1931, Ole Peterson, deceased, in the presence of witnesses affixed his signature (by mark) to a purported last will and testament, while lying ill in the General Hospital at Los Angeles. By the terms of said instrument, his entire estate was left to one Elsie Skinner, a neighbor of decedent, there being no known relatives surviving him. Edward J. Cotter, an attorney at law, was nam...
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Defendant appeals from a judgment rendered against it for the sum of $10,085 upon a “broker’s blanket bond” issued by defendant to plaintiff, to indemnify him against any losses suffered by him through certain prescribed acts of his employees in the brokerage business in which he was engaged in the city of Los Angeles.
The provisions of the surety bond in question which are material to the points ...
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This action was brought to recover damages for personal injuries suffered by plaintiff in an automobile accident which occurred while plaintiff was riding as a guest in defendant’s automobile. The jury found a verdict for defendant, and plaintiff appeals from the judgment entered upon said verdict. The first point urged by appellant is that the evidence of the witness Davis, given at a former tria...
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Appeal by contestants from an order appointing an executor nominated by testatrix in her last will and testament and from a judgment entered pursuant to trial. *431Due execution of the will and codicil here in question was not disputed, the same were admitted to probate, and the executor named in the will was appointed so to act. It appearing that said executor and the testatrix, formerly husband ...
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This is a proceeding to review a decision of the respondent commission denying petitioner’s application for compensation for an injury which he claims to have sustained in the course of his employment. It is conceded by respondents that at the time the application was filed, heard and determined, petitioner was suffering from a left inguinal hernia; but the refusal to compensate him therefor was b...
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Defendant appeals from a judgment that was rendered against him and in favor of plaintiff in an action for damages alleged to have resulted from a false imprisonment of plaintiff by defendant.
From the record herein, in substance, it appears that during a period of time when plaintiff was employed as a salesman by the Singer Sewing Machine Company, he sold on the installment plan and thereafter de...
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By means of certiorari the petitioner seeks to review the findings of the Industrial Accident Commission to the effect that her husband, Frank E. Quail, who died while he was employed in the state highway division, did not die as a result of injuries sustained from an accident occurring in the course of his employment. Compensation was denied. The deceased was sixty-five years of age. He was five ...
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When plaintiff was about seven years of age the right rear wheel of a truck belonging to defendant ran over and so injured his right foot and ankle that amputation was necessary. Within a year after reaching his majority he filed his complaint against various defendants, alleging that his injuries were caused by the negligent operation of the truck. At the trial the action was dismissed as against...
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Defendant was a prisoner committed to the state prison at San Quentin. While working under the surveillance of prison guards in a road camp in Butte County, he made his escape.. He was subsequently apprehended in Los Angeles County and returned to the prison at San Quentin. He was tried and convicted in the Superior Court in Marin County on the charge of escape and from the final judgment of convi...
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The plaintiff and Anna E. Bacon were married on March 16, 1876, and lived together as husband and wife until the death of the latter on March 11, 1925. The plaintiff was a day laborer. His wife graduated from the public schools of New York and became a school teacher. During their married life the wife received all of the money of the .community, banking and disbursing it, and this continued throu...
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In this proceeding an alternative writ of prohibition was issued, to which return has been made by demurrer, as well as by answer. Petitioner seeks to obtain a peremptory writ prohibiting respondent court from exercising jurisdiction in an action now pending in respondent court, in so far as said proposed exercise of jurisdiction relates to certain described measures of relief demanded by the plai...
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This is an action in the nature of a suit for declaratory relief, for the purpose of having the terms of a contract interpreted by the court. The defendant Paul A. Hauser, Incorporated, demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of- action. The demurrer was overruled and said defendant answered, denying the material allegations set forth in...
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The appellants were jointly charged, tried and convicted of the crime of rape perpetrated upon the same female and accomplished by each defendant in succession at the same time and place by means of force. The defendants were riding together in an automobile at night along Twelfth Avenue in Sacramento. They overtook Mrs. Donna Roberts, a young married woman eighteen years of age, who was a total s...
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These actions were brought to recover damages for injuries sustained by the respective plaintiffs as a result of being struck by an automobile owned by the defendant corporation and driven by the other defendant. On a former appeal judgments in favor of the defendants were reversed on account of an improper instruction given ■the jury (123 Cal. App. 94 [10 Pac. (2d) 1036]). A retrial before the co...
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The plaintiff commenced an action to recover damages for injuries suffered in an automobile collision. The defendant answered denying certain allegations contained in the complaint and pleading contributory negligence of the plaintiff. The trial court made findings in favor of the plaintiff and from the judgment entered thereon the defendant has appealed. The defendant makes several points but the...
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This is a companion case to Neel v. Ramelli, No. 9327 (ante, p. 362 [32 Pac. (2d) 175]). The trial court found adversely to appellant as to certain parcels of the land in dispute and appellant has directed his appeal *367to the portions of the judgment covering such findings. Many issues are raised which are discussed at great length, appellant’s brief consisting of more than eight hundred pages. ...
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This appeal presents a controversy over the title to a narrow strip of land at the common boundary line of two Mexican grants in Ventura County—the Rancho Ex-Mission of San Buenaventura and the Rancho San Miguelito. The disputed strip is divided into ten separate parcels of land described in the evidence as A-X to K-X inclusive. Plaintiff is the owner of lot H, of which the disputed parcel H-X is ...
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Plaintiffs for many years have been the owners of a lot on Sutter Street in San Francisco upon which stands a five-story apartment building. This building was erected in 1911. The westerly 42.7 feet of the rear line of this lot abuts upon the rear of a lot facing on Bush Street owned by defendant. In 1927 defendant erected upon his lot a building known as the Mayflower hotel. Plaintiffs allege tha...
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The plaintiffs herein made application to the Superior Court of Orange County for the issuance of a writ of review for the purpose of having certain orders of the defendant, Board of Supervisors, vacated and annulled. The trial .court, after evidence on behalf of the respective parties to the proceeding had been submitted to it, refused to issue the writ and entered judgment in favor of defendant ...
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In 1921 Gerardo Sica bought a vineyard in Fresno County, consisting of 160 acres, and at the same time engaged in the business of shipping grapes from California to eastern markets, having packing-houses in several cities in this state. He resided at all times in the state of New Jersey although, up to the time of his death on April 7, 1930, he spent a short period during each year in California i...
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The plaintiff began this action to recover damages for and on account of injuries received in an automobile collision, on the twenty-third day of February, 1932. The defendants had judgment. After the entry of judgment, the court, on the plaintiff’s motion made upon all the grounds set forth in the codes, granted the plaintiff a new trial, specifying, among other grounds, the insufficiency of the ...
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Appeal by the Fidelity and Casualty Company of New York from a judgment in favor of plaintiff and against appellant and its co-defendant.
The Borwick Trenching Corporation, Ltd., entered into a contract with Rubio Canyon Land and Water Association of Altadena, consisting of a proposal by said trenching company, dated March 27, 1931, and addressed to said water association, which so far as material...
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The plaintiffs O. B. Gibson and Nell Gibson, his wife, commenced an action to recover damages for personal injuries suffered by them in an automobile accident while they were riding as the guests of the defendant Mame C. Easley and Richard Easley, her husband. The action was tried before the trial court-sitting with a jury. The jury returned a verdict in favor of the plaintiffs and the defendant h...
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Appellant appeals from (1) a minute order and a subsequent written order, each sustaining, without leave to amend, the general demurrer of the Sun Realty Company, hereinafter called the respondent, to appellant’s complaint, (2) a judgment, pursuant to such orders, in favor of respondent for its costs, and (3) a minute order and a subsequent written order, each denying appellant’s motion to vacate ...
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This action was brought to subject real property alleged to have been fraudulently conveyed by a decedent to defendants, to a claim asserted by appellant against decedent’s estate for money held by decedent during his lifetime, in trust for appellant. Finis E. Yoakum, Jr., and Charles 0. Yoakum, defendants, are the sons of Finis E. Yoakum, Sr. The father, on August 2, 1920, executed deeds to his t...
Views: 1
Plaintiff was granted an interlocutory decree of divorce for offenses of the wife. In the decree the wife was awarded permanent alimony. Before the decree became final the plaintiff moved for a modification on the ground that this portion of the decree was beyond the court’s jurisdiction. The motion ivas denied, and this' appeal was taken from the order of denial. Other orders were made from which...
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This action was instituted by the holder of certain street improvement bonds issued pursuant to the provisions of the Improvement Act of 1911 (chap. 397, Stats. 1911, p. 730) to recover from the city treasurer of the City of Riverside and from the surety on his official bond and from the City of Riverside the sum of $2,758.93 which it was alleged had been paid to said city treasurer by the owners ...
Views: 9
The plaintiff has appealed from an order granting a new trial after judgment for damages for injuries sustained as the result of an automobile collision had been entered pursuant to a verdict which was rendered in her favor.
The real question involved on this appeal is whether the trial court abused its discretion in granting a new trial on the theory that the plaintiff failed to prove that the dr...
Views: 2
The defendant has appealed from a judgment of $3,500 which was rendered against him for wilful misconduct in the operation of his automobile, resulting in an accident and serious injuries sustained by the plaintiff, who was riding as a guest in his machine. The plaintiff and her roommate, Miss Nichols, together with a number of other persons, attended a party the night of November 18, 1931, at the...
Views: 15
Appeal by plaintiff from an order changing the place of trial from Los Angeles County to the city and county of San Francisco.
*247Plaintiff, as receiver of the Richfield Oil Company of California, filed his complaint in the Superior Court of Los Angeles County against defendant corporation for the recovery of the unpaid balance of a certain sum which it is alleged defendant agreed to pay in month...
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In 1927 defendant Hudson was the sales agent for tract 9597 in the city of Burbank, California. The legal title to said tract was vested in defendant Title Insurance & Trust Company, to which it had been conveyed in trust by the owners, defendants W. F. Bonner, Frank Belcher, C. A. Anderson, Orville Meyers and Dave Hepburn. Defendant Largay was division manager of defendant Hudson’s large sales fo...
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The plaintiff appeals from a judgment entered in favor of defendant Barnett by the court sitting without a jury. As to all other defendants dismissals had been entered before the trial.
The action was for damages claimed as the result of a collision between two automobiles at the junction of two thoroughfares in the city of Los Angeles. Plaintiff, a passenger in a Black & White taxicab, was being ...
Views: 0
This appeal is from an order of the trial court granting a motion for a new trial in a case where a jury had awarded plaintiff damages in the sum of $2,500 for injuries received in an automobile accident. Appellant, conceding that the trial court is vested with broad discretion in ruling upon such a motion (2 Cal. Jur. 27), argues that in this case there was such an abuse of discretion as to warra...
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[1] The pertinent facts as they appear in the brief filed by the appellant, and with which statement of facts "respondents agree", are as follows:
"The defendants filed a demurrer to the complaint, and a demand for a change of venue, accompanied by an affidavit of merits and a notice of motion. The motion was noticed for Monday, the 7th day of April, 1930, but was continued from time to time, and ...
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This cause is before us upon the application of the above-named petitioner for a writ of mandate to be directed to the respondents commanding them to issue a license to conduct a winery, manufacture and sell wine upon the payment of a fee of $10. *Page 480
The record shows that the petitioner has presented an application upon a form prescribed by the respondents, and that all and singular the reg...
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Respondents move to dismiss this appeal upon the ground that the notice of appeal was not filed within the time required by law. No brief has been presented in opposition to the motion, and the matter was submitted without oral argument. We are of the opinion that the motion must be granted.
Section 939 of the Code of Civil Procedure provides that an appeal may be taken from a judgment within sixt...
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The appellant pleaded guilty to the crime of burglary. Judgment was pronounced on July 21, 1930, the court finding the crime to be burglary in the first degree. It now appears that no evidence as to the degree of the crime was taken by the court and that, in fact, the crime committed was burglary in the second degree. *473 On October 28, 1933, the appellant, who was then confined in the state...
Views: 4
Appellant was convicted on eleven counts of an indictment returned by the grand jury charging her with the crime of robbery in seven counts, attempted robbery in one count and in three counts with assault with a deadly weapon with intent to commit murder. This is an appeal from the judgments of conviction and from the order denying motion for a new trial. The questions raised upon appeal to t...
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Pursuant to stipulation between counsel for the respective parties these appeals have been presented by a single set of briefs, and are to be treated as if consolidated; the entire records and evidence to be considered by the court as being properly in the record and before the court in each case.
In each of these proceedings the defendants constitute the membership of the Board of Education which...
Views: 0
One G.W. Winnes, who was employed by petitioner as a well-puller, was injured September 23, 1928. *Page 456
He was riding on a truck which was approaching one of petitioner's oil rigs; the front wheels of the truck struck a rut, causing it to "shimmy", whereupon the driver suddenly swerved the truck and applied the brakes, causing Winnes (hereafter referred to as applicant) to fall off the truck ...
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Plaintiff instituted this action to recover compensatory damages for personal injuries alleged to have been caused by the negligence of defendants. Upon the trial of the action plaintiff presented evidence tending to sustain the allegations of his complaint and rested his case. *Page 451
The defendants thereupon moved the court for a nonsuit, which was granted. Judgment in favor of defendants was...
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This is an application for a writ of habeas corpus filed on behalf of J.J. Williams, alleging that he is unlawfully detained by the constable of the township of Heber, in the county of Imperial.
The petition alleges that Heber Public Utility District, in the county of Imperial, is a public utility district organized and existing under and by virtue of the state laws (Stats. of 1921, p. 906, as ame...
Views: 0
This action was begun by the plaintiff to recover of and from the defendant certain moneys received by the defendant from the Shell Oil Company, royalties belonging to the plaintiff by reason of her ownership in and to certain premises or units in and to certain premises operated by the Shell Oil Company in the extraction of oil and other hydrocarbon products. The entire tract of land included 20 ...
Views: 0
This is an appeal in a proceeding in certiorari, from a decree of the Superior Court of San Joaquin County, canceling an order of the board of supervisors of that county which was previously made, authorizing the city of Stockton to annex certain uninhabited territory pursuant to the Statutes of 1899 and amendments thereto. (Stats. 1899, p. 37, and amendments thereto; 2 Deering's Gen. Laws of 1931...
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From a judgment in favor of the plaintiff enforcing the specific performance of a written contract the defendants have appealed and have brought up the judgment-roll and a bill of exceptions.
The plaintiff commenced the action as executor of the estate of Hancock Banning, deceased. During his lifetime Hancock Banning, Esperanza Sepulveda de Davis and Lucy Banning Ross entered into a tripartite con...
Views: 0
This is an appeal by plaintiff from the judgment of the trial court denying his petition for a writ of mandate. *Page 411
Plaintiff was a civil service employee, classified as a "carpenter foreman", and was employed as such in the Bureau of Power and Light in the Department of Water and Power. In July, 1928, his employment was terminated because of "lack of funds". More than two years thereafter ...
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Appellant was charged by an information filed by the district attorney of Kings County with the crime of burglary and also a prior conviction of a felony. *Page 405
He entered a plea of guilty to the charge of a prior conviction, and not guilty to the charge of burglary. The jury returned a verdict of guilty and judgment was pronounced upon him. This appeal is taken from the judgment and from the...
Views: 0
On this appeal attack is made upon that part of a judgment in a divorce action which awarded to respondent property claimed by appellant as her separate estate.
The parties to this action were married in 1920. At the time of the marriage, the husband, respondent herein, was possessed of property valued at approximately $500,000, and shortly after the marriage he inherited other property of about t...
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From a judgment in favor of the plaintiffs the defendant has appealed.
On the second day of May, 1927, R.R. Horwitz, being the owner of certain land in Los Angeles County, and A.H. Crampton, being the owner of a rotary equipment for drilling oil wells, entered into an indenture of lease, by the terms of which Mr. Crampton leased to Mr. Horwitz his drilling equipment for the purpose of drilling a w...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 387
On September 20, 1928, judgment was entered against the defendant convicting him of the crime of burglary. From that judgment no appeal was taken. Thereafter the defendant served notice that he would move the court for an order to annul, vacate and set as...
Views: 11
The defendant was charged with the crime of grand theft. He waived a jury and upon a trial by the court, he was convicted of the crime charged. He appeals from the final judgment of conviction and the order denying his motion for new trial.
The main contention of appellant is that the evidence was insufficient to sustain his conviction and we shall therefore proceed to a consideration of the evide...
Views: 0
The defendant was charged with the crime of assault by means of force likely to produce great bodily injury, it being alleged that the assault was committed on one John Nedom by striking him with his fists and kicking him with his feet. He was found guilty by a jury and has appealed from the ensuing judgment and from an order denying his motion for a new trial.
The record shows that the appellant ...
Views: 8
In 1927 plaintiff purchased from defendants 160 acres of land in Napa County. Approximately three and one-half years later she brought this action against defendants for damages for mistake, alleging that a 19-acre tract of timber had been represented by defendants as a part of the 160-acre tract, whereas it was not so contained, and if the particular 19 acres of wooded land had been a part of the...
Views: 7
An information was filed against defendant in the county of Napa for issuing a check upon a bank with intent to defraud. During his confinement in the county jail, awaiting trial upon this charge, a second charge was filed against him wherein it was alleged he wilfully, unlawfully and feloniously broke and escaped from said Napa County jail while confined therein aw'aiting trial upon the charge a...
Views: 11
The charging part of the information to which the defendant pleaded not guilty and upon which he was tried before a jury for murder and convicted of manslaughter is as follows: "The said Harold Ernest Wolcott is accused . . . of the crime of murder, a felony, committed as follows: That the said Harold Ernest Wolcott on or about the 13th day of August, 1933, . . . did wilfully, unlawfully and felon...
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Defendant appeals from a judgment of conviction of the crime of "issuing bank check, with intent to defraud", as denounced by the provisions of section 476a of the Penal Code, as well as from an order by which his motion for a new trial was denied.
Essentially, the facts upon which the conviction of defendant depended were that on a certain Saturday afternoon, in payment of the price of a watch wh...
Views: 9
Appellants herein were accused by information of violations of the State Narcotic Act. A demurrer to the original information was interposed and sustained, and ten days allowed in which to file an amended pleading. The date of this order was February 23, 1933. The time allowed to amend expired March 6, 1933. No extension of time was sought, or ordered by the court. On March 7th an amended informa...
Views: 0
The defendant appeals from a judgment of conviction following a trial wherein the indictment charged the defendant with contributing to the delinquency of a minor, in the following language:
"The Grand Jury of the County of Sacramento hereby accuses Mabel Wortman of an indictable misdemeanor, to-wit: Contributing to the delinquency of a minor on or about the 20th day of October, 1933, at the Count...
Views: 5
The petitioner herein sets forth that in a certain case pending in the Municipal Court of the City of Los Angeles a writ of attachment was secured by the plaintiff and on the 18th of September, 1933, was levied on certain citrus fruits and supplies. On the 19th of September, 1933, the petitioner herein filed a third party claim with the marshal of the Municipal Court, who had levied the writ, and ...
Views: 0
THE COURT.
The defendant was charged and convicted of the crime of assault with intent to commit rape. From the judgment and from the order denying his motion for a new trial he has appealed.
Appellant contends that the trial court erred in admitting certain testimony offered by respondent, in refusing to give certain instructions asked by appellant, and in giving certain instructions for responde...
Views: 18
This is an appeal from a judgment for one thousand dollars damages awarded plaintiff for injuries to her automobile and her person suffered in a collision at the intersection of Moroa and Floradora Avenues in the city of Fresno during the noon hour of January 6, 1931.
Defendants urge two grounds for a reversal of the judgment. (1) That the evidence fails to show any negligence on the part of E.A. ...
Views: 2
Defendant was charged in an information containing two counts with the crimes of *Page 325
perjury and forgery, respectively. From judgments of conviction entered on verdicts of guilty as to each count defendant has appealed.
After allegations sufficiently showing that the alleged false statements were made in a trial before a competent tribunal and under oath, the information charges "that the s...
Views: 5
Appellants having filed their brief containing a statement of their grounds of appeal, now come the respondents and move for dismissal of the appeal or affirmance of the judgment, upon 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.) We shall decide the mot...
Views: 1
THE COURT.
The appeal herein to all intents and purposes has been abandoned. [1] The transcript was filed on May 20, 1931, but thereafter no steps were taken in furtherance of the appeal. No briefs have been filed nor extensions of time applied for or granted; nor was any response made to the order heretofore issued to show cause why the appeal should not be dismissed. Therefore, under the authori...
Views: 0
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THE COURT.
On February 14, 1930, James L. Gordon and Lillian J. Gordon, his wife, with the Farmers' and Merchants' National Bank of Los Angeles, a corporation, executed a declaration of trust by which certain community personal property, acquired by the G...
Views: 7
The petitioner seeks to obtain his discharge from custody by means of a writ of habeas corpus on the ground that the statute under which he was convicted of wilfully and fraudulently failing to pay the wages of an employee upon his discharge, is unconstitutional, and because the complaint fails to state a public offense.
The same matter was previously determined adversely to the petitioner upon a ...
Views: 2
The defendant has appealed from a judgment of $4,148.79, which was rendered against it in a suit for conversion of money on deposit in its bank. The appellant contends the money was deposited to the credit of *Page 301
Kitrick Hall, who were grain merchants and brokers, and that it was derived from the proceeds of the sale of barley previously sold and delivered to them by the plaintiff as evide...
Views: 2
[1] Pending the hearing of the appeal in the above-entitled cause, one of the appellants, Pacific States Savings and Loan Company, applied to this court for and *Page 299
was granted a writ of supersedeas to stay the execution of that part of the judgment directing said company to pay "forthwith" a sum of money in its possession, which the trial court by its judgment decreed was the property of o...
Views: 6
Plaintiffs, respectively, are the administratrix of the estate and the surviving wife of Bert Roher, deceased. They joined in bringing this action to recover certain funds in the possession of defendants, alleging that *Page 295
the same were community assets and that upon the death of the decedent, who died intestate, his surviving wife Sarah Roher became the absolute owner of the whole thereof ...
Views: 5
This is an action to quiet title to 160 acres of land in Kettleman Hills in Fresno County. The land in question was owned in 1914 by the British Californian Oil Company, Ltd., a California corporation. This corporation owned several properties located near Los Angeles, and also this piece of land in Fresno County which was then regarded as of little value. This property was rough and arid and was ...
Views: 5
This is an appeal taken by the defendant from a judgment rendered by the trial court in conformity with the verdicts of a jury returned in a criminal action. Upon the rendition of judgment appellant gave oral notice of appeal from the judgment and from the order denying his motion for a new trial. He also filed a typewritten statement of the grounds of appeal, which included a prayer that the tri...
Views: 0
A suit for divorce is pending between petitioner and his wife, Elsa Jeanne McGuire. The petition here is for the writ of habeas corpus and for an alternative writ of mandate, each of which was issued by this court. AVe have reached the following conclusions: AYe have no doubt as to our power to entertain a petition for habeas corpus, where married parents of a child are separated and one de...
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This action was instituted by plaintiff, a judgment creditor of the defendant H.Z. Adams, for the purpose of securing a decree setting aside certain conveyances of real property made by the aforesaid defendant to the defendant Carrie A. Love, which were a...
Views: 9
This action was begun by the plaintiff against the defendant Horace Kennedy and one J.K. Miller, to recover damages in the sum of $6,600 for and on account of alleged malicious prosecution. Judgment was entered against the appellant in this action for the sum of $1600 and costs. From this judgment the defendant, Kennedy, appeals.
The record shows that the plaintiff, at the time of the beginning of...
Views: 6
The effective part of an order issued out of the United States District Court, Southern District, California, Central Division, is as follows: “It is ordered that said Petition to show cause be, and the same is hereby, made absolute, that the said A. N. Kemp, Receiver for the Guaranty Building and Loan Association of Los Angeles, a corporation respondent above, is ordered, during the pendency o...
Views: 0
This is a proceeding in certiorari to review an award made by the Industrial Accident Commission, of compensation for the death of one Walter J. Leigh, who at the time of the accident which caused his death was a car conductor in the employ of Pacific Electric Railway Company. The beneficiaries of the award are the widow and minor son of said Leigh. On March 5, 1932, Leigh was employed on tha...
Views: 7
Plaintiffs filed a complaint entitled "Complaint for Money on Contract". It contained two counts. On a trial by the court sitting without a jury defendants' motion for nonsuit as to the first count was granted. Judgment was entered in favor of the defendants on the first count and in favor of plaintiffs on the second count. Defendants appeal from that portion of the judgment relating to the second...
Views: 6
On this appeal, in substance the appellants concede that through the negligence of the defendants, and without contributory negligence on the part of plaintiff, the latter sustained certain injuries for which she was entitled to a judgment for "some damages".
[1] The first point presented by the appellants as affording a sufficient reason for an order by which the judgment would be reversed, to wi...
Views: 0
The defendant was tried before a jury on an information charging rape with force and violence. The jury found a verdict of guilty as charged and from the judgment and the order denying a new trial the defendant has appealed on a typewritten record.
The prosecutrix was an unmarried female over the age of consent. She was born in Mexico, but had resided in the United States about six years. The defe...
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This case was before this court upon a previous appeal. (SeeFirst English Evangelical Lutheran Church v. Dysinger,120 Cal.App. 139 [6 P.2d 522].) A judgment in favor of the defendants was reversed and upon a second trial judgment went for plaintiffs and the defendants have appealed therefrom. The facts of the first trial are stated in the opinion of the court and substantially the same evidence wa...
Views: 0
By an information filed by the district attorney of Fresno County appellant was charged with engaging in a riot near the city of Fresno in Fresno County on September 9, 1933. This appeal is taken from the judgment of conviction and from the order denying his motion for new trial.
While appellant's brief in many respects fails to conform to the rules of court, in view of the nature of the charge of...
Views: 0
For about seven years prior to February 10, 1933, Chester T. Moore had been employed as a truck driver, salesman, delivery-man and collector by Nurmi's Bakery in Fresno. His duties were to solicit sales of and make delivery of bakery products and mayonnaise and make collections. His route ran from Fresno along the highway paralleling the railroad tracks and into Tulare County. He usually left the ...
Views: 0
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This is an action to foreclose a mortgage. The decree of foreclosure gave judgment against The J.C. Forkner Fig Gardens, Inc., for any deficiency remaining after sale of the mortgaged property, but not against the other defendants. We will hereafter refer...
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THE COURT.
The appellant was convicted in the Superior Court of San Joaquin County of a felony, to wit: Murder of the first degree.
[1] The transcript on appeal was filed in this court November 2, 1933. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on March 5, 1934. No appearance was made for appellant at the time the case was call...
Views: 0
Page 849
THE COURT.
William C. McKinney, the husband of petitioner, was on March 26, 1932, in the employ of respondent Southern Pacific Company as an electrician, his duties being to inspect and repair the electrical equipment of *Page 207
locomotives in respondent's round-house. On that date, while in the round-house on his way to work and before he had reached the place therein where he customarily perf...
Views: 0
This is an action for damages for injuries received by plaintiff resulting from being struck by an automobile operated by defendant Lillian Crump.
Defendants E.M. Crump and Lillian Crump are husband and wife and at the time of the accident Lillian Crump was operating the automobile by and with the consent of her said husband.
This action was tried by a jury which returned a verdict in favor of pla...
Views: 13
Defendant and one Walter Blankenship were jointly charged in an information filed by the district attorney of Los Angeles County with the crime of grand theft. On the trial of defendant Land the jury returned a verdict of guilty. From the judgment of conviction entered upon said verdict and from the order denying his motion for a new trial, defendant Land has appealed.
Appellant urges (1) that the...
Views: 13
[1] From the petition herein it appears that by the terms of a written instrument petitioner and one who was then her husband agreed upon a settlement or division of their community property, and in the same instrument *Page 194
provided that "it is mutually agreed that should either party hereto obtain a decree of divorce, this agreement shall be offered to the court by the party so obtaining th...
Views: 3
The petitioner Kelshaw, treasurer of the county of San Luis Obispo, applied to the Supreme Court for a writ of prohibition, to prevent further action in a contempt proceeding now pending in respondent court. An alternative writ issued, and the cause was transferred to this court. Although there is an answer on file the facts are not in dispute, and the questions at issue are those raised by demurr...
Views: 1
Page 854
This is an appeal by plaintiff from a judgment of dismissal of its suit entered by the Superior Court for the County of Los Angeles on motion of the defendants on the grounds (a) that contentions of the plaintiff have already been adjudged adversely to it in an action in said court numbered 279048, wherein plaintiff herein was plaintiff, and defendants were said Henshey, Tatem et al., defendants h...
Views: 1
This is an action wherein and whereby plaintiff seeks to have his rights declared under the terms of a written contract. The plaintiff is the assignee of the original party to the contract and rather than constantly refer to the nominal plaintiff we will use the term "plaintiff" throughout as meaning the assignor, inasmuch as no point is presented regarding the assignment.
We find it unnecessary t...
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This action was begun by the plaintiff against the State Board of Education of the State of California, the County Board of Education of the County of Los Angeles, the Board of Education of the City of Los Angeles, the State Superintendent of Public Instruction, County Superintendent of Schools of Los Angeles County and the Superintendent of Schools of the City of Los Angeles, and all the members ...
Views: 0
In this proceeding, the essential facts are that, following the filing in the superior court of a petition for the probate of a will, a contest of such will was filed. Thereupon a hearing of the said petition and the said contest were set for hearing on the same date; at which time, and continuing thereafter for a space of two days, evidence was received in support of "proof of the will". Thereaft...
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This is an action to foreclose a mechanics' lien. Judgment went for the lien claimant's successor in interest. The defendants Bay City Building and Loan Association, Fidelity and Guaranty Loan Company and Southern Investment Company, all three corporations, have appealed from the judgment.
The record has been brought up under the alternative method. It is claimed by the appellants that the trial c...
Views: 0
In this action, plaintiff claims damages of defendants for personal injuries suffered by her as a result of a collision between the automobile of defendant J.E. White and that of defendant H. Bahr. A jury returned its verdict against plaintiff, and in favor of both defendants, and judgment on the verdict was entered accordingly. Plaintiff moved for a new trial on all the statutory grounds except, ...
Views: 4
Professional services having been rendered by the plaintiffs for the defendant corporation at the instance and request of its representatives, and a portion *Page 149
only of the fees therefor having been paid, suit was instituted for the balance, in which a judgment was rendered in favor of the plaintiffs. Defendant corporation appealed.
From the testimony of the defendants it appeared that defe...
Views: 3
In an action for the principal sum of a promissory note, together with interest and attorneys' fees, findings of fact, conclusions of law and judgment were made and entered in favor of the plaintiff. The defendant having admitted execution of the note and interposed an affirmative defense thereto, motion for a new trial was made upon the ground that findings adverse to said defense were not suppor...
Views: 0
The plaintiffs herein are David Peters and William Peters. The amended complaint contains two counts. In the first count, plaintiff David Peters alleges that on the eighteenth day of June, 1931, at or near Salyer, in the county of Trinity, the defendants by force compelled him to go to the town of Weaverville, and that said defendants did then and there imprison him in the county jail of Trinity C...
Views: 9
The action was brought by the plaintiff to recover damages on account of injuries which resulted from a collision between an automobile driven by the plaintiff and a motor bus operated by defendant Boles, driver for the defendant corporation. At the time of the accident the two vehicles were traveling in the same direction, and the motor bus hit the right-hand side of the back part of the plainti...
Views: 3
Appellant was charged' by an information filed by the district attorney with the crime of receiving stolen property and with four prior convictions. *131 One L. G. Dodge, manufacturer’s representative of an eastern firm of clock manufacturers, had in his possession in June, 1933, some 400 automobile clocks. About June 19th, he discovered that approximately 100 of the clocks were missing, and ...
Views: 6
The plaintiffs sued on two policies of insurance, alleging that the sum of $12,500 had been paid by them to the widow of an employee of the stevedoring company who was killed during the course of his employment and that the sum of $2,000 had been paid as attorneys' *Page 119
fees in the settlement of that claim. Trial was had with a jury, resulting in a joint verdict and judgment for the plaintif...
Views: 3
This appeal is from a judgment entered pursuant to aremittitur of this court on the previous appeal in the cause, reported in 129 Cal.App. 738 [19 P.2d 280]. Theremittitur there directed "that the judgment of the superior court in and for the county of Los Angeles in the above-entitled cause be and the same is hereby reversed with directions to thetrial court to render judgment as prayed for in th...
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From a judgment in favor of plaintiffs, defendants have appealed. The evidence shows that defendant Shacklett was president and general manager of defendant Calmin Mortgage Corporation, and that after driving a car belonging to the corporation to Riverside on business of the latter, he proceeded on his own business, driving the same car; that when about 36 miles south of the town of Indio he at...
Views: 1
Appeal by defendants from a judgment against them based on the verdict of a jury awarding $21,269.21 as damages for alleged fraudulent representations in the purchase and sale of lands and as inducement to plaintiff’s entering into contracts for the improvement of the lands so agreed to be purchased.
It appears without question that the defendant Union Bank & Trust Company held the legal title to ...
Views: 0
This action was for damages for injuries resulting from the collision of two motor vehicles operated by plaintiff and defendant. It was tried by the court with the aid of a jury and a verdict was rendered for defendant. Plaintiff moved for a new trial, which was denied, and judgment was thereupon rendered for defendant. From this judgment plaintiff has appealed.
The sole question to be determined ...
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The plaintiffs had judgment against the defendants in the sum of $4,000 for and on account of personal injuries alleged to have been suffered by the plaintiff, Ada M. Coppock, on account of the negligence of the defendants. From this judgment the defendant...
Views: 4
The appellants Cascino, Tartaro and Cirimele were found guilty by a jury of the crime of second degree burglary, and they have appealed from the judgment of conviction, urging as grounds for reversal insufficiency of evidence and error in the giving and the refusal to give certain instructions.
[1] The place alleged to have been burglarized was a grocery store on the corner of Fillmore and Jackson...
Views: 4
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On the night of January 6, 1933, or the early morning hours of January 7th, about seven tons of raisins were stolen from a vineyard in Fresno County, owned by the Wishon-Watson Company. Sixty-seven boxes of raisins had been emptied and ten boxes were missi...
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In an action for an alleged balance remaining unpaid upon a contract price of printing, judgment in favor of defendant was rendered by the court without a jury. A motion to vacate said judgment was denied. The plaintiff appealed from the judgment and ruling last mentioned.
The parties having entered into a contract in writing for certain weekly advertising, through a purported agent of the respond...
Views: 1
Certain real property described in escrow instructions upon which the parties relied as their agreement having been conveyed by the plaintiff to the defendant, a controversy arose over an asserted discrepancy in the consideration received therefor. After a trial before a jury a verdict was returned in favor of the plaintiff under directions of the court. The defendant thereupon moved for a new tri...
Views: 0
On the twenty-fifth day of June, 1929, the City of Los Angeles was the owner and engaged in the operation of a drawbridge, spanning a channel used and maintained by the city for the purpose of ingress and egress of ships, and connecting with a public highway. On said day Joseph Huey, a thirteen year old boy, was accidentally killed on said bridge. This action was brought by the father of said mino...
Views: 7
Plaintiff brought this action for the rescission of a contract to purchase real property and to recover the sum of $2,052.50 which had been paid under the terms thereof. Defendants' motions for nonsuit were granted and from the judgments of nonsuit plaintiff appeals.
Defendant Title Guarantee and Trust Company, hereinafter referred to as the owner, was the owner with which plaintiff entered into t...
Views: 2
This action was brought by plaintiff to foreclose a mechanic's lien for labor and material furnished in a building owned by defendant Paul I. Johnson under a subcontract entered into between plaintiff and defendant Bessolo Gualano, Inc., and to recover from it the value of said labor and material, and also to recover from defendant, the Fidelity Union Casualty Company, the value of said labor and...
Views: 0
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Plaintiffs brought this action to quiet title to eighty acres of land in Kern County. The answer of defendants is not in the record. No point is made of this omission and as both counsel agree that the answer denied title of the land in the plaintiffs and ...
Views: 4
Defendant was charged with violation of section 141 of the California Vehicle Act. This section provides that the driver of any vehicle involved in an accident resulting in injury or death, who fails to stop and render aid, is guilty of a felony. He was tried before the court without a jury and has appealed from the judgment of conviction.
[1] The court minutes contained in the clerk's transcript ...
Views: 10
In 1928 an information was filed against the defendant herein charging him with lewd and lascivious conduct and by a supplemental information filed shortly thereafter it was alleged that defendant had theretofore, in the state of Oregon, been convicted of a felony. On this *Page 24
information defendant in due time entered a plea of guilty and also admitted having suffered the prior conviction. A...
Views: 19
The defendant in the trial court, the appellant here, was tried before a jury upon the accusation contained in the indictment about to be set out. The jury found the accused guilty, and after a motion for a new trial had been made and denied and accused prosecuted this appeal from the judgment and from the denial of the motion for a new trial. *Page 3
The indictment is as follows:
"The said Sidne...
Views: 14
This is a companion case to People v. Richardson, Criminal number 1790, the opinion in which last-named case has been this day filed (ante, p. 404 [32 Pac. (2d) 433]). Defendant here was likewise a prisoner committed to the state prison at San Quentin. He made his escape from the road camp in Butte County and was subsequently apprehended at Salt Lake City. He was extradited and was returned to the...
Views: 0
In the year 1919, one Bastían entered into a written contract with the defendant Hinckley and three others for the formation of a corporation to manufacture and sell a patented combination water heater. Bastían, as owner of the patent, transferred his interest to the corporation in consideration for specific amounts of common and preferred stock and a royalty of two per cent of the sale price of t...
Views: 0
The vendors of two lots in the city of Burbank, each under a separate contract, appeal from a judgment canceling those contracts and awarding to the vendees the total, with interest, of the several installments paid upon those contracts. The court found that appellants induced respondents to purchase the first lot by falsely representing (1) that they would resell said lot within a short time of p...
Views: 9
Plaintiff appeals from a judgment of dismissal entered pursuant to an order sustaining defendants’ demurrer to the complaint without leave to amend. The action was instituted in the Superior Court in and for Los *758Angeles County, and it is contended by defendants, in support of the trial court’s order, that exclusive jurisdiction to hear and determine the action was in the Municipal Court of the...
Views: 1
Defendant was found guilty of the crime of rape, and has appealed from the judgment of conviction and an order denying his motion for a new trial. As grounds for his appeal he contends that the evidence was insufficient to support the verdict, and that the trial court erred in refusing to permit certain questions to be asked on cross-examination. The prosecuting witness, who resided in Oakland, te...
Views: 7
This is an appeal from a judgment in favor of plaintiffs in the sum of $20,505 for damages resulting from the death of Mikie Nitta, wife of B. G. Nitta, and mother of the other plaintiffs who were the minor children of the two. At the time of her death Mikie Nitta was of the age of thirty years, B. G. Nitta of the age of thirty-nine years, Setsuko, a daughter, of the age of four years, Masumi, a s...
Views: 7
Plaintiff sued to quiet title to lands which were sold to the City of Los Angeles (defendant) *Page 181
for a delinquent assessment levied against them to pay the expense of their acquisition by condemnation for park purposes. A demurrer was sustained and judgment was entered against plaintiff, who has appealed on the judgment-roll.
The acquisition of said lands resulted from proceedings institut...
Views: 13
This is an action to quiet title to certain mining claims in Inyo County. In her “answer” the defendant alleged that she had leased the property from the two first-named plaintiffs, that those plaintiffs had falsely represented themselves to be the sole owners of the property, and prayed for damages. This answer was filed on August 31, 1932. A memorandum for the purpose of having the cause set fo...
Views: 0
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Respondent Gus Paulos brought this action to recover damages for personal injuries, sustained in a collision between a horse-drawn peanut wagon, driven by him, and an interurban car, owned by appellant Market Street Railway Company and operated by appella...
Views: 9
On May 27, 1932, Pacific Indemnity Company, petitioner herein, issued a standard policy of Workmen's Compensation Insurance to Florence Blanche Lounsbury, administratrix employer. At that time the insured was the duly appointed, qualified and acting administratrix of the estate of her deceased husband, and as such was operating a garage business in the city of Merced.
On March 10, 1933, the estate...
Views: 0
This action was brought by plaintiff to recover from defendants unpaid rent. Judgment was rendered for plaintiff. Defendants moved for a new trial and for an order vacating the judgment, and said motions being denied, they appealed. This appeal was brought up on the judgment-roll alone, although evidence was introduced at the trial.
Respondent alleges in her complaint that on the eighteenth day of...
Views: 6
By verdict of the jury in the trial of this action the defendant was found guilty of violation of section 653f of the Penal Code, as charged in the indictment. By the indictment the defendant was accused of said crime, described as "soliciting the commission of a crime, to-wit, the offer and acceptance of a bribe", as follows, to wit: that the defendant did "solicit Bonner Adams, S.M. Haskins and ...
Views: 10
This is an appeal from a judgment awarding damages for the death of Elizabeth Hill, the minor daughter of respondent, resulting from injuries received in an automobile accident. The cause was tried with a jury, which rendered its verdict in the sum of $7,833.
Shortly after 10 o'clock P.M. of the evening of January 24, 1932, respondent, driving a Ford coach, with his wife and their three minor chil...
Views: 8
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This is an action for damages brought by the administrator of her estate for the death of Johanna Hill, which is claimed to have resulted from the negligence of both appellants. The cause was tried with a jury, which returned its verdict against both appe...
Views: 8
Isabel T. Rico is the widow, and the other petitioners are the minor children of herself and Manuel P. Rico. This is a proceeding to review an order of the Industrial Accident Commission denying compensation to petitioners for the death of Manuel. *Page 773
Manuel was an unemployed and indigent resident of the city of San Diego. To relieve his financial distress and that of his family he was give...
Views: 1
This is a proceeding to review an order of the Industrial Accident Commission denying compensation to petitioner for injuries received on April 7, 1931, while he was working in Balboa Park in the city of San Diego. It appears that he received compensation up to March 1, 1933, when it was terminated by the commission on the ground that he was not an employee of the county of San Diego as that term ...
Views: 1
THE COURT.
[1] The controlling question presented by this appeal, namely, the constitutionality of sections 9(b), 2 (10), (a), (b), (c) and (e) of chapter 222 of the Laws of 1929 (Workmen's Compensation Act, Stats. 1929, p. 420), was brought before the District Court of Appeal of the Fourth District, in the case of People v.Standard Oil Co., 132 Cal.App. 563 [23 P.2d 86], and there decided adverse...
Views: 0
This appeal is from an order vacating and setting aside a sale under execution of 3,933 shares of stock of the Airway Laundry, Ltd., a corporation, property of the judgment debtor. The order appealed from was made after hearing upon an order to show cause why the sale in question should not be vacated.
[1] Inasmuch as the material facts here involved, as well as the legal questions raised, are sim...
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MEMORANDUM CASES.
This petition for a writ of habeas corpus is a companion proceeding with that of In re Sears, (Crim. No. 1340) ante,
p. 308 [30 P.2d 571], in which an opinion was this day filed in this court.
[1] Both petitioners were charged in the same complaint which was filed in the Justice's Court of Angels Township, Calaveras County, and convicted of wilfully and fr...
Views: 0
Both parties to this action in eminent domain have appealed from a judgment for damages which was entered pursuant to the verdict of a jury rendered incident to the condemnation of a strip of land beyond the limit of the City of Stockton, to be used as an extension of Washington Street therein.
The tract through which the proposed street is to be extended consists of several acres of land used by ...
Views: 15
An information was filed against defendant, charging him with having committed two acts of manslaughter and with having driven an automobile while under the influence of intoxicating liquor. Upon the trial thereon a jury found defendant guilty on the three charges, recommending leniency on the two counts of manslaughter and a sentence to the county jail upon the charge of driving *755while intoxic...
Views: 10
Plaintiff sued for the balance of the purchase price of certain shares of stock or “promotional interests”, basing his action upon a written contract which was pleaded in full. Plaintiff had judgment and the defendants appeal on typewritten transcripts. There are but two points raised by appellants which require consideration. First, whether the complaint states a cause of action for the detriment...
Views: 0
The plaintiff, who was engaged in the trucking business in Bakersfield, contracted with the Southern California Edison Company to haul a quantity of flume iron from Bakersfield to Borel. Between those points there is a winding mountain road. Before beginning the work the plaintiff secured from the defendant an insurance policy denominated 11 Trip Transit Insurance” covering the transportation of t...
Views: 11
The defendant was convicted upon counts two and three of an information containing five counts. Count two charged the defendant with the crime of attempt to commit rape. Count three charged the defendant with the violation of section 288 of the Penal Code, naming the child. The defendant’s motion for a new trial being denied, this appeal is from the order of the court denying his motion, and, also...
Views: 16
This is an application for a writ of habeas corpus. After being served with process William J. Fitzgerald, sheriff of the city and county of San Francisco, made a return on the writ in which he set forth the commitment under which he holds the petitioner. That commitment is in words and figures as follows: “This cause came on regularly this day for judgment. “The district attorney, Matthew Brady, ...
Views: 6
The above-entitled cause was tried by the court sitting without a jury and judgment entered in favor of defendant. Thereafter plaintiff moved for and was granted a new trial upon the ground of insufficiency of evidence. Defendant appealed, and plaintiff now moves to dismiss the appeal upon the ground that the action was one in which defendant was not entitled as a matter of right to a trial by jur...
Views: 0
The defendant and appellant was tried upon an information filed by the district attorney in three counts; count I charging violation of section 288a of the Penal Code, and counts II and III charging violations of section 288 of the Penal Code. Upon the trial and after the evidence had been closed, and before the cause was given to the jury, the court upon its own motion dismissed the information a...
Views: 0
This is an appeal from a judgment of conviction of the crimes of manslaughter and violation of section 141 of the California Vehicle Act and from an order denying defendant’s motion for a new trial. We find nothing whatever in the appeal which merits discussion in any way, unless it is the question raised as to the misdirection of the jury in matters of law. Appellant attempts to raise the objecti...
Views: 0
Appellant was charged, in an information filed by the district attorney of Los Angeles County, with the crime of receiving stolen property. Trial by jury having been waived, appellant was found guilty by the court as charged in the information. From the judgment entered pursuant thereto this appeal is taken. *726Appellant cites several specifications of error, but confines her discussion to the fo...
Views: 0
D. B. Moore, an elderly gentleman of the age of about eighty-four years, suffered a fracture of his hip and was confined to a hospital in the city of Tulare for a considerable time. During the early part of his confinement there he was cared for by graduate and registered trained nurses. For the latter part of his stay he was attended by Miss Katherine Stacy, who was not a graduate and registered ...
Views: 4
In an information the defendants were jointly accused of the crime of robbery. By verdicts of the jury, they were each found guilty of robbery in the first degree. From the judgments of conviction, and from the order denying their motion for a new trial, they prosecute this appeal. Appellants specify the following as errors on the part of the trial court by which they were prevented from having a ...
Views: 0
On August 22, 1922, respondent executed and delivered to his mother, the appellant, a written assignment, absolute in form, transferring all his interest in a trust created by his father’s will. His complaint alleged that such assignment was intended only as security for specified sums of money then and subsequently advanced. Her answer claimed that such assignment was intended as a sale of his in...
Views: 0
On October 17, 1930, the respondent, as seller, and the appellants as buyer, entered into a written contract of sale of a crop of Emperor grapes then growing on respondent’s vineyard near Exeter. Among other things, the contract provided that the buyer was to pay for picking and hauling the crop, that the entire crop was to be picked not later than November 5th, that all grapes picked “shall meet ...
Views: 0
This is an action to recover damages for injuries sustained by the plaintiff while riding in an automobile as the guest of his father, the defendant George I. Johnson, which injuries occurred as the result of a collision between that automobile and one driven by the defendant Eastlund. The collision occurred in the daytime of June 1, 1930, at the intersection of Mendocino Avenue and Dinuba Avenue,...
Views: 6
Plaintiff instituted this action to recover from the executor of the last will of Eva W. Blake the sum of $7,305, which was alleged to be the reasonable value of personal services rendered by plaintiff as a nurse and housekeeper for Eva W. Blake during a period of approximately seven years. The complaint alleged that during the month of January, 1925, Eva W. Blake, who then resided in Indiana, con...
Views: 18
This is an appeal from a writ of mandsimus issued by the Superior Court of Solano County, directing the treasurer of a reclamation district to distribute a portion of a special fund collected pursuant to a levy assessed for the special purpose of paying particular matured bonds and the accrued interest thereon, in settlement of future obligations of the district, other than the ones for which the ...
Views: 0
On the tenth day of March, 1932, the appellants filed a petition in the Superior Court of the County of Sacramento, praying for a writ of mandate directing the Reclamation Board of the State of California to fix the amount of installments that should be called upon assessment No. 6, based upon an assessment levied upon the lands lying within the boundaries of the Sacramento and San Joaquin drainag...
Views: 5
This is a proceeding in mandate to require the superior court to vacate an order made by it transferring a certain suit to the municipal court of the city of Los Angeles and to overrule a demurrer filed therein. The essential facts are: Petitioners were hired by the Southern California Finance Corporation, trustee for a certain trust estate, to make an audit of the trust in anticipation of said tr...
Views: 0
Appeal by plaintiff from a judgment quashing an alternative writ of mandate issued upon her petition and denying her prayer for a permanent writ. The case was presented to the trial court on stipulated facts, which show that plaintiff held certificates entitling her to teach in the Los Angeles City High School District, and she was elected by the defendant Board of Education to teaching service in...
Views: 4
This application for a writ of habeas corpus arises out of a judgment of the Superior Court of Los Angeles County holding petitioners in contempt by reason of their violation of the terms of certain orders of said court previously made, restraining and enjoining the defendants named in said action, their agents, servants and employees, from “delivering or furnishing linens or linen supplies to be ...
Views: 5
Defendant appeals from a judgment of conviction on each of two counts in an information charging him with the crime of incest. As a ground for reversal of the judgment he asserts: “The trial court erred in limiting the cross-examination by appellant of the prosecuting witness and thereby prejudiced the substantial rights of the appellant, denied to him a fair *661and impartial trial and resulted i...
Views: 0
Appellant was convicted of the crime of grand theft and appeals from the verdict of the jury finding defendant guilty of grand theft. As an appeal *659from a verdict is unauthorized by law, this appeal is therefore dismissed. He also appeals from the judgment of the court and from the order of the court denying probation. As the order denying probation was made prior to the judgment, it is not app...
Views: 11
Defendant appeals from a judgment which followed his conviction of the crime of grand theft; also from an order by which his motion for a new trial was denied. Briefly, the pertinent facts adduced on the trial of the action were that a man named O’Conner, who was the driver of an ice wagon, was considering the advisability of his engaging in the operation of a cafe; and in that connection that def...
Views: 0
This is an appeal by the defendants, Joseph Welder and Maria Welder, from a judg*649ment in favor of plaintiff in an action for the foreclosure of a mortgage. The judgment decreed that the mortgaged premises be sold and that the proceeds derived from such sale be applied to the payment of the indebtedness secured by the mortgage. Intelligent consideration of the contentions advanced by appellants ...
Views: 1
This is an application for a writ of prohibition seeking to prevent the respondent court from proceeding to hear and determine an appeal from a justice’s court. The petitioner brought an action in a justice court against Harry J. Tilton and Isabel B. Antrim Tilton, who at that time were husband and wife, to recover for professional services alleged to have been performed at the request of each of ...
Views: 0
The defendants have moved to dismiss the appeal which was taken from a judgment rendered and entered against the plaintiff for failure to amend his *Page 641
third amended complaint within the time allowed after a demurrer thereto had been sustained. The motion to dismiss the appeal is made pursuant to rule V of the Rules for the Supreme Court and District Courts of Appeal, for failure on the par...
Views: 5
Judgment went for the defendant in an action instituted by the plaintiff to recover the sum of $418.29, alleged to be due for and on account of the purchase *Page 637
of a certain automobile truck. From this judgment the plaintiff appeals.
The record shows that on or about the fifteenth day of June, 1929, the defendant, then a resident of Salmon City, Idaho, entered into an agreement of purchase ...
Views: 4
THE COURT.
Respondents filed a contest to the will of Jennie E. Hartley. The contest was based upon three grounds: 1. Incompetency of Jennie E. Hartley; 2. Lack of due execution; and 3. Undue influence of Carl E. Wagner. The trial was had before a jury. After respondents had rested their case appellant moved for a nonsuit on all of said grounds and same was denied. Thereupon the trial continued an...
Views: 6
The defendants have appealed from a judgment of $2,400 which was rendered against them for personal injuries sustained by the plaintiff in an automobile casualty which occurred at the intersection of streets in Los Angeles, in which the plaintiff while crossing the street on foot was struck by the defendants' automobile and knocked down. The defendants have also appealed from an order of court mad...
Views: 15
An information was filed against defendant, charging him with the crime of forgery and with having been previously convicted of a felony and having served a term of imprisonment therefor in the state prison at San Quentin, to which the defendant entered a plea of not guilty to the charge of forgery and admitted the prior conviction.
After a trial by a jury, defendant was found guilty as charged an...
Views: 4
Page 939
By this application for a writ of habeas corpus the petitioner asserts that he is illegally imprisoned by the chief of police of the city of Los Angeles under conviction in the municipal court of that city of having committed vagrancy, a misdemeanor.
[1] There is ample evidence in the record to sustain the charge upon which petitioner was convicted. It is only necessary that there be proof of a si...
Views: 0
Defendant was found guilty on each of four counts charging him with the offense of contributing to delinquency, declared to be a misdemeanor under the "Juvenile Court Law". The judgment of the court was that he be punished by imprisonment in the Los Angeles county jail for a period of two years on each count. Sentences on three counts were to run concurrently, and on the fourth, to run consecutive...
Views: 5
is an appeal from a judgment entered in an action based upon a claim and delivery, instituted by respondent herein, in which plaintiff obtained judgment for the possession of certain furniture. It is the contention of appellants that the issues raised in the instant case were all settled in a former divorce action between the parties and are therefore res judicata. It appears that there was...
Views: 0
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From judgments of conviction entered on verdicts of guilty returned by the jury on seventeen counts charging g...
Views: 8
Defendant appeals from a judgment which followed his conviction of the crime of robbery; also from an order by which his motion for a new trial was denied.
From the evidence adduced on the trial of the action, it appears that in the night-time, defendant, accompanied by another, induced a clerk in a hotel to show them a room therein, and that while so engaged defendant and his companion "held up" ...
Views: 11
Elizabeth Arletta Marrs brought action against her husband, William Lester Marrs, the petitioner here, for separate maintenance and support; the defendant husband answered and filed a cross-complaint for divorce. The cause was heard March 20, 1933, and no evidence having been offered on behalf of plaintiff and cross-defendant, an interlocutory decree of divorce was granted to defendant and cross-c...
Views: 1
[1] An action was pending (City of Los Angeles v. Wernottet al.) for condemnation of real property under the Street Opening Act of 1903. Among the defendants therein were Kibbe, owner of parcel 6, and Johnson, owner of parcel 7. Prior to entry of the interlocutory decree, parcel 6 was conveyed by grant from Kibbe to Hellman Commercial Trust and Savings Bank. Also, prior to entry of the interlocuto...
Views: 0
In this action plaintiffs sought the collection of two promissory notes, each in the principal sum of $100,000 and the establishment of a vendor's lien upon certain lands, as security therefor. The judgment decreed that plaintiffs should recover from the defendant Suburban Estates, Inc., Ltd., a corporation, the sum of $231,676.88 due on the notes, but that they had no lien on the lands. This defe...
Views: 2
Defendant appeals from a judgment that was rendered against him pursuant to a verdict which was returned by a jury in an action for damages that arose from personal injuries sustained by plaintiff at a time when he was struck by an automobile owned and operated by defendant.
[1] In his opening brief appellant makes the statement that the only issue presented on the appeal is whether "the court err...
Views: 3
On August 15, 1933, the petitioner herein obtained a judgment in the police court of the city of Fresno in an action in which he was plaintiff. The defendant in that action moved for a new trial, which motion was denied on September 14, 1933, and, on that day, the defendant appealed to the superior court on questions of both law and fact.
Under the charter of the city of Fresno the laws applicable...
Views: 0
This is an appeal by the defendant from a judgment in favor of plaintiffs rendered by the trial court and an attempted appeal from the court's order denying a motion for a new trial. The action was instituted by plaintiffs to recover damages for the death of their minor son, which was alleged to have been caused by the gross negligence and wilful misconduct of defendant in operating an automobile ...
Views: 0
The defendant, together with one J.F. Davis, was charged in an information filed by the district attorney of Riverside County with the crime of grand theft in that he unlawfully and feloniously took personal property of another, to wit, a bovine animal. Upon arraignment, the defendant entered a plea of not guilty and was tried before a jury, which returned a verdict that he was guilty of the offen...
Views: 1
This is an appeal from an order setting apart a probate homestead. During the lifetime of Charles W. Bain he executed a will. Anna Bain, his wife, at the same time executed an agreement witnessed by the same witnesses as the will and termed "Consent of Wife". By this consent she accepted and acquiesced in the provisions of the will and waived all claim to share in the community property and "any a...
Views: 3
The evidence in this case consists of the notes, trust deeds, certain notices, deeds of trust, the deposition of one Frederick M. Kincaid, and a stipulation of facts which may be stated, so far as here material, as follows:
One John W. Gibson owned certain real property situate in Riverside County. However, the record title to said real property was in the name of one Frederick M. Kincaid. Kincaid...
Views: 1
Defendant was accused by an information filed by the district attorney of Frenso County of the ownership *Page 535
and possession by an ex-convict of a firearm capable of being concealed upon his person, with appropriate allegations of prior convictions of felonies. Upon arraignment he entered a plea of not guilty to the charge and admitted three prior convictions. Fifteen days later he again app...
Views: 10
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This is an appeal, under the provisions of section 1239 of the Penal Code, from an order of the superior court which was made after pronouncing judgment and sentence upon the defendant following his conviction by a jury of the crime of "attempted burglary...
Views: 6
The defendant was charged with the murder of her husband by means of the use of a knife. She was tried by a jury. After nearly thirty hours of deliberation the jury returned into court and upon inquiry as to whether a recommendation for probation would be recognized in the event they found a verdict of manslaughter, they were informed that "the recommendation of the jury for mercy or anything of t...
Views: 9
This is an appeal from a judgment awarding plaintiff and respondent damages, and a preliminary injunction which restrained appellants from turning waste or irrigation water over the lands of plaintiff. The properties here involved were owned originally by Thomas W. Guthrie, who divided his holdings in parcels and conveyed a portion thereof to his daughters, among whom were the respondent and the a...
Views: 1
This is an appeal from a judgment of nonsuit in favor of defendants and against the plaintiff. Upon the filing of appellant's opening brief respondents (defendants below) moved the dismissal of the appeal or the affirmance of the judgment.
An automobile with chauffeur was hired and the hirer's valet took the wheel with the hirer's consent. The vehicle upset and killed the hirer. His mother brought...
Views: 0
Appellant was charged by information filed by the district attorney of Los Angeles County with the crime of murder in count one, and in count two with the crime of wilful and malicious burning of property. The jury returned verdicts of guilty on each count, fixing punishment by life imprisonment on the murder charge.
While the notice of appeal does not specify the judgment from which the appeal is...
Views: 0
This is an action for breach of contract between a principal and factor. Plaintiff recovered judgment in the trial court from which defendant appealed, whereupon plaintiff now moves for a dismissal of this appeal, or an affirmance of the judgment. The motion to dismiss being denied, we will now consider the alternative, basing our examination upon the bill of exceptions and the opening brief of ap...
Views: 7
A judgment was awarded in a justice's court against the defendant there, who took all of the required steps to appeal. Notice was given her that the sureties on her appeal bond should appear and justify, but they did not do so within the required time. Thereafter and within the statutory time for appeal the said defendant filed a new notice of appeal and a new undertaking on appeal and caused a ne...
Views: 0
This is a motion to dismiss the appeal or affirm the judgment on the grounds that the appeal was *755 taken for delay only and that the questions involved are so unsubstantial as not to need further argument. It appears from the opening brief that the judgment entered amounted to more than $200,000; that the appellant was forced to abandon a counterclaim in a much larger amount because it was...
Views: 0
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In action No. 53418 the defendant was accused of the crime of receiving stolen property, then and there the personal property of one Orlando, defendant well knowing the same to have been stolen. The alleged date of commission of this crime was July 11, 19...
Views: 17
This is a motion to dismiss the appeal or affirm the judgment on the grounds that the court erred in relieving the appellant from her default in the matter of filing a bill of exceptions within the statutory time; that for this reason the court had no jurisdiction to settle a bill of exceptions; and that the points raised in the opening brief are so unsubstantial as to require no further argument....
Views: 0
The attorney-general has moved to dismiss this appeal upon the ground that appellant has not filed any statement of his ground of appeal or any points upon which he will rely. Section 7 of Rule II of the Rules for the Supreme Court and District Courts of Appeal, provides in part as follows : ‘ The appellant must, within five days after giving notice of the appeal, file with the clerk and presen...
Views: 0
The defendants have appealed from an order for an injunctionpendente lite which was made in a suit in equity restraining the City of Los Angeles from discharging the plaintiff as an employee in the bureau of engineering in the department of public works of that city. It is claimed he had attained permanent tenure under civil service. The issue on appeal is whether a court of equity has jurisdictio...
Views: 3
The defendant was convicted by a jury of the crime of grand theft, accomplished by stealing from E. C. Clarenbach the sum of $375. It is claimed the judgment is not supported by the evidence for the reason that no one testified to having actually seen the defendant take the money, and because the identical currency was not identified. There is no merit in the appeal. Reading the record leaves n...
Views: 0
In this action the defendant was jointly indicted with Tony Cardinale, Ralph Thatcher, Charles F. Gingg and F.B. Hoyt (otherwise known as Bernard Felts), tried and found guilty of two robberies, and also the offense of murder. The verdicts returned against the defendant George Jones found him guilty of robbery on one of the counts in the second degree; guilty of robbery on one of the counts in the...
Views: 17
Defendant was charged with violation of chapter 638, Statutes of 1931 (Deering's Gen. Laws, Act 5130b), in that he and his co-defendants on May 2, 1933, did wilfully, unlawfully and feloniously engage in the business and act in the capacity of motor carrier transportation agents without first obtaining a license therefor. The case was heard by the court sitting without a jury, and resulted in the ...
Views: 8
Plaintiff sued to recover damages for personal injuries. Upon a trial by jury plaintiff had judgment against defendants for the sum of $1500. A motion for new trial was made in the trial court and from the order granting said motion, plaintiff appeals.
[1] The only point argued by appellant is that the trial court erred in granting a new trial on the ground of insufficiency of the evidence. The mo...
Views: 5
This is an appeal from an order modifying the conditions of probation theretofore granted appellant following her conviction on a charge of burglary. The following are the circumstances leading up to the making of the order: Appellant, a young married woman who lived part of the time with her husband in Redwood City, was caught burglarizing a department store on Mission Street in San Francisco....
Views: 9
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The evidence in this case discloses that a group of five hundred or more people, members of various organizations, journeyed in a motor caravan from the city of Los Angeles to the city of San Diego on May 30, 1933, for the purpose of meeting to protest ag...
Views: 15
Certain beneficiaries of a trust estate created by means of a final decree of distribution pursuant to the terms of a will have appealed from a judgment rendered in an equitable action directing the sale of real property contrary to the express prohibition of the trust. The question which is involved in this appeal is whether a court of equity may direct a sale of real property and authorize a rei...
Views: 5
Plaintiff sued to recover damages for personal injuries. A motion for nonsuit was granted at the close of plaintiff's case and from the judgment of nonsuit plaintiff appeals.
Plaintiff, a lessee of defendant, conducted a beauty shop on the mezzanine floor above defendant's market. Said market was located on the ground floor on the corner of Telegraph Avenue and Williams Street in the city of Oakla...
Views: 3
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Defendant was charged in an amended information, containing five counts, with five separate offenses of forgery (fictitious name) and with two prior convictions, one in California and the other in New York. He admitted the prior conviction in California, ...
Views: 15
THE COURT.
This appeal of the defendants is from judgments of conviction against each of them, and from orders denying their motions for new trial. They were both convicted by verdicts of the jury on an indictment against them, including one charge of conspiracy, ten counts of grand theft, and six counts of violation of the Corporate Securities Act.
The sufficiency of the evidence to sustain the j...
Views: 16
Plaintiff obtained judgment against defendants for $1200, and defendants appeal. The complaint contained two common counts, stated separately, the first for money had and received and the second for money loaned. The answer consisted of denials of the allegations of the complaint; and on the issues of fact raised thereby the trial *Page 654
court found in plaintiff's favor and entered judgment ac...
Views: 4
On review of certain proceedings had before the Industrial Accident Commission, in essential particulars it appears that in the course of and arising out of his employment with the City of Pasadena, one Silka sustained certain injuries that disabled him for a period of several months, during which time he was paid compensation. More than one year after Silka was discharged as cured of his said inj...
Views: 0
This is an action to quiet title to two quarter-sections of land in what is known as the Kettleman Plains, being partly in the county of Kings and partly in the county of Fresno. The surrounding country is sparsely settled and this land, together with large tracts of land around it, has been used for many years only for the purpose of pasturing stock. Patents covering the two parcels were issued b...
Views: 0
Plaintiff sought to recover damages for personal injuries sustained while working on the "Castle Town", a vessel owned and operated by defendant. The cause was tried by the court sitting without a jury and from a judgment in favor of defendant, plaintiff appeals.
The cause was previously tried by the court sitting with a jury. That trial resulted in a judgment in favor of the defendant, which judg...
Views: 0
This action was brought to foreclose a mortgage given by appellants to secure the payment of a promissory note in the principal sum of $15,000, dated March 1, 1929, due five years after date, with interest at the rate of seven per cent per annum, payable semi-annually. Both the note and mortgage contained acceleration clauses operative upon default in the payment of any installment of interest. Th...
Views: 1
D efendant was found guilty by the court sitting without a jury on four counts of an indictment charging four separate violations of the Corporate Securities Act. This is an appeal from the judgments of conviction and the order denying defendant’s motion for new trials. Appellant urges that the evidence shows that he was the owner of the stock sold and fails to show that the transactions in q...
Views: 0
On or about March 7, 1932, Frank Sudbrock, as plaintiff, instituted suit against Elizabeth Kroener, as defendant on a promissory note for $600, dated March 23, 1927, and due one year thereafter, to recover the principal sum thereof with interest.
Elizabeth Kroener filed an answer and cross-complaint, by which cross-complaint she prayed judgment against *Page 626
plaintiff and cross-defendant for ...
Views: 2
Plaintiff sued on a written contract. The cause was tried before the court sitting without a jury and the plaintiff had judgment for $5,000, from which the defendant appeals on typewritten transcripts. Both parties to the agreement were motion picture producers. In the summer of 1929 negotiations were had concerning the purchase by the defendant of certain literary rights of the plaintiff. On O...
Views: 1
In 1898 Will C. Crawford, husband of plaintiff, acquired title to five acres of land in Orange County. He died in 1912 and the property was distributed to his wife in the probate of his estate. C.B. Lewis was the owner of the property adjoining the Crawford land on the north. The title to the Lewis land passed through mesne conveyances to the defendants in 1931.
From 1898 to 1931, the owners of th...
Views: 16
In an action for attorneys' fees alleged to have been earned, judgment was rendered upon a verdict in favor of the plaintiffs, from which judgment the defendant appealed.
At a stage of certain litigation theretofore commenced, the appellant in June, 1926, entered into a contract in writing employing the respondents to "attempt to enforce a contract for supplying water to his land in Ventura County...
Views: 2
This is an appeal on the judgment-roll alone from a judgment following a trial by the court sitting without a jury. While the appeal was pending in the Second Appellate District appellant was granted permission on motion for diminution of the record to file the reporter's transcript of the proceedings in the lower court. Such a transcript was filed, but it does not bear the certificate of the tria...
Views: 0
W.S. Hopkins, usually called Earl Hopkins, died on August 4, 1931, leaving a will executed on July 18, 1931, which was duly admitted to probate on August 21, 1931. On February 3, 1932, the contestant filed a petition asking that the probate of this will be revoked on three grounds, to wit: That the deceased was of unsound mind on the day the will was executed; that the will was procured by the und...
Views: 4
The defendant was convicted of murder of the first degree and sentenced to life imprisonment. He was charged with administering strychnine to his associate, Hanjiro Onishi. The case is based largely on circumstantial evidence. [1] It is contended the verdict is not supported by the evidence and that the court erred in admitting certain declarations which were made by Onishi just before his death o...
Views: 5
The plaintiff commenced an action to recover damages for breach of an alleged contract under the terms of which the defendant undertook to keep the plaintiff covered with compensation insurance. 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 plaintiff and from the judgment entered thereon the defendant has app...
Views: 1
Appellant has moved for a diminution of the record on appeal, whereby he seeks to have incorporated in it a duly certified copy of his notice of appeal, and certified copies of various documents and account books by which he maintains it is shown that a jury trial was waived by the parties.
[1] The notice of appeal is a necessary part of the record in order that this court may be enabled to assume...
Views: 10
This is an appeal on the judgment-roll from a judgment in favor of the plaintiff in the sum of $2,333.57. Plaintiff asks us to modify the judgment and affirm it as modified. Defendant has filed no brief but his counsel appeared at the oral argument and stated that his client desired the reversal of the judgment which had been rendered against him. The complaint states a cause of action in the f...
Views: 3
This is an action for damages for eviction brought by a lessee. Theo. K. Hill was the owner of certain premises consisting of a store and certain bakery equipment in the town of Anderson, Shasta County, California, where he had for some time carried on a bakery business. *Page 562
On June 1, 1931, he leased the premises and equipment to plaintiff for a period of two years from June 1, 1931, for $...
Views: 5
Plaintiff and her seven associates had defaulted upon their obligation to pay to the defendant a promissory note in the sum of $50,000 and the real property covered by the deed of trust as security for the note was *Page 558
sold pursuant to the terms of the trust deed. Thereafter the defendant herein commenced an action against this plaintiff and her associates to recover the deficiency due afte...
Views: 8
Plaintiff was injured when she slipped and fell in a steam room in the Berkeley Steam Baths, an institution owned and operated by defendant Reinberg. Upon the trial defendant's motion for nonsuit was granted at the close of plaintiff's case and from the judgment of nonsuit plaintiff appeals.
Plaintiff and her friend, Mrs. Steinberg, were occasional patrons of said baths. The steam rooms, which adj...
Views: 0
This action was instituted by Donald Woodman, a minor, by his guardian ad litem, and by Rena Woodman, his mother, to recover damages sustained by them because of injuries to Donald resulting from the alleged negligence of all of the defendants. A verdict was returned and judgment rendered in favor of the Riverside County Council of Boy Scouts of America and the Troop Committee of Hemet Troop No. 4...
Views: 8
The essential facts herein are that one Jack Coffee having pleaded “guilty” to a charge of petit larceny contained in an information theretofore filed against him in the superior court, and at the same time having admitted the additional fact (also charged against him in said information) that prior to the date on which said offense was committed he had been convicted of a felony and had “served ...
Views: 5
From a judgment rendered pursuant to trial upon a petition for a writ of mandamus, directing that the respondent be restored to duty upon the police department of the city of Los Angeles and that he be paid accrued salary from the date of his alleged attempted suspension therefrom, the board of police commissioners of said city has appealed.
By this petition the respondent alleged and the trial co...
Views: 4
This appeal was decided hy this court September 29, 1933, and subsequently respondent, against whom the decision went, complained in a petition for a rehearing that the opinion failed to mention important facts. Upon a more particular examination of the transcript we became convinced that respondent was correct in this and we granted a rehearing. *525 This case is for damages both compensator...
Views: 6
Husband and wife having died at approximately the same time, a controversy as to disposition of insurance moneys was determined in favor of the estate of the latter, from which judgment an appeal was perfected, the sole question involving the sufficiency of the evidence.
[1] It appeared that both of the spouses were discovered in their home, each having expired as a result of gunshot wounds. The a...
Views: 6
This appeal involves the interpretation of a trust clause of a will.
Mary C. Hamon, the testatrix, died in September, 1927, survived by seven adult children, a son and six daughters, one of whom was Edith I. Brown, the wife of appellant. The will provided first that all real property belonging to the estate be sold. The testatrix then bequeathed to six of her children, not including Mrs. Brown, a ...
Views: 5
This is an action to recover on a policy of accident insurance. The demurrer interposed by the defendant insurance company to the second amended complaint was overruled and said company declined to answer; whereupon a default judgment was entered, from which the company appeals.
[1] The points urged in support of the appeal are that it affirmatively appears from said complaint, to which a copy of ...
Views: 6
On October 31, 1930, respondent herein filed her complaint for divorce against appellant upon the ground of cruelty. In this complaint, among other things, she alleged "that plaintiff and defendant have entered into a property settlement agreement wherein and whereby they have made a division of all the community property belonging to them and said defendant has made provision for the payment of c...
Views: 20
Plaintiff and the defendant entered into a written contract whereby the plaintiff agreed to drill a well for water on certain described land of the defendant, and the defendant agreed to pay therefor at a prescribed rate measured by the number of miner’s inches of water produced from the well. A well was drilled to the depth of approximately eight hundred forty feet, from which ninety inches of w...
Views: 0
Plaintiff sued upon two separate policies of insurance issued by the defendant upon the life of one Adolpho Maggini. The first policy was dated May 9, 1932, and the second May 19, 1932. The insured died on June 18, 1932, his death resulting from bronchial pneumonia.
Preliminary to the issuance of the policy the insured signed an application and a report of a medical examiner designated for that pu...
Views: 9
Motion to dismiss appeal. From the record it appears that on August 3, 1933, a jury rendered a verdict in the above-entitled action in favor of plaintiff and against the defendant in the sum of $8,000 and costs. The action was one brought under the provisions of section 29 (b) of the Workmen's Compensation Act for damages for personal injuries and for attorneys' fees as provided for under the act....
Views: 8
The clerk's and reporter's transcripts were filed in this court on September 2, 1933. The matter .was placed on the calendar for October 10, 1933, and then continued to November 14, 1933. On November 9, 1933, a stipulation to dismiss the appeal was filed, signed by the attorney for the appellant and by a deputy attorney-general. On the same day a letter was received from the appellant stating tha...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 459
Plaintiff and defendant entered into a contract dated April 1, 1931, whereby plaintiff agreed to produce sand, gravel and rock at his plant near the town of San Juan Capistrano in Orange County, and make deliveries to defendant on defendant's trucks at th...
Views: 10
In this action, prosecuted by the plaintiff to obtain an interlocutory decree of divorce and an award of community property, the plaintiff had judgment granting the prayer of her complaint in so far as the marriage relation theretofore existing between the plaintiff and the defendant *Page 450
was dissolved, but in its decree the court found that there was no community property, and from this por...
Views: 10
In an action for commissions alleged to have accrued for services rendered under a contract to obtain an agreement to furnish to the defendant and appellant fifty carloads of oranges, the latter appealed from a judgment founded upon affirmative findings of fact.
In the interest of economy of time and discussion a common ground of the parties may be stated as established. The plaintiff, a fruit bro...
Views: 0
THE COURT.
The plaintiff, who was the owner of lot 625 of Tract No. 6380, sometimes known as Beverly Vista, in Los Angeles County, applied to Howe Haun Investment Company, a corporation, for a loan of $5,000, to be secured by a deed of trust of the property, her purpose being to erect a dwelling thereon. A written application for a loan signed by her recited that the loan was to be used for said ...
Views: 3
Motion by respondent to dismiss appeal. On October 9, 1933, respondent gave notice that on November 13, 1933, a motion to dismiss the appeal would be presented. The grounds for the motion were stated to be, first, failure of appellant to file points and authorities within the time prescribed by the rules of this court and, second, failure of appellant to cause a bill of exceptions to be prepared a...
Views: 1
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On July 12, 1932, the plaintiffs instituted this action to recover from the defendants the sum of $2,100 repre...
Views: 0
The plaintiffs have presented this alternative motion, under the provisions of Rule V, section 3, of the Rules for the Supreme Court and District Courts of Appeal, to dismiss the appeal or affirm the order granting a new trial after judgment had been rendered pursuant to the verdict of a jury which was returned in favor of the defendant. The motion is made on the ground that the *Page 418
appeal ...
Views: 15
This is an appeal from a final judgment of rescission and from an order refusing to set aside a default judgment which was entered against the appellant for failure to appear at the trial of the case.
The plaintiffs executed an agreement with the General Development Company to purchase lots 1 and 2, block 5, tract 10263 in Los Angeles County. In payment for this property two promissory notes secur...
Views: 9
Defendant appeals from a judgment of conviction of the crime of conspiracy to commit burglary; also from each of three judgments of conviction of the crime of burglary in the second degree, as well as from an order by which his motion for a new trial, which related to each of such respective convictions, was denied.
[1] It is first contended that "the corroborative testimony fails to connect the a...
Views: 8
Plaintiff instituted this action on July 19, 1928, seeking cancellation of a certain promissory note executed by him in the amount of $1250 and a trust deed covering real property in Riverside County which was given to secure payment of the note. Both instruments were dated April 18, 1928. The note was made payable one year after date. The payee named in the note was Charles H. Weygint. The ground...
Views: 3
Defendant was charged in an information with the crime of issuing a check for the payment of money on a bank without having sufficient funds or credit thereat, with intent to defraud.
A plea of not guilty was interposed, a jury waived and the issue of the guilt or innocence of the accused was tried before the court, and the defendant found guilty as charged. A motion for a new trial was presented ...
Views: 0
Page 1028
The trial court made an order sustaining a demurrer to the plaintiff's second amended complaint without leave to amend. From the judgment entered thereon the plaintiff has appealed.
The complaint contains two counts. In the first count, in effect, the plaintiff alleged that it is a Maryland corporation doing business in this state; that defendant district is a public corporation organized under th...
Views: 14
From a judgment based on the verdict of a jury awarding damages for personal injuries the defendant has appealed and has brought up typewritten transcripts. It makes several points, among others, that the record does not show the defendant was negligent, but that it does show the plaintiff was negligent and that he assumed the risk out of which the injury occurred. In its opening brief the defenda...
Views: 4
On September 20, 1926, J.A. Floyd executed a written authority to appellant to act as broker in the sale of a twenty-acre orange grove in San Bernardino County, upon which he and his wife lived. Appellant took several prospective purchasers to the property and on September 17, 1926, informed Mr. Floyd that he had an offer of purchase from J.D. Whitted and Ruth Esther Whitted, his wife, and tendere...
Views: 1
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Appellant was very seriously injured when a wall bed in which he was sleeping collapsed. He brought his action to recover damages and has appealed from a judgment entered for respondents following the granting of their motions for nonsuit. He does not que...
Views: 8
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The defendant was convicted by the court sitting without a jury of the crime of burglary of the first degree, and a prior conviction of another felony. Evidence was adduced pursuant to section 1192a of the Penal Code, of the fact that the defendant was no...
Views: 10
Defendant appeals from the judgment of conviction of involuntary manslaughter and from the order denying his motion for a new trial. Appellant’s first point, that the evidence was insufficient to justify the verdict, is not well taken. There is at most only a conflict in the evidence. The only point worthy of discussion in this appeal is the alleged misconduct of the district attorney occurri...
Views: 0
This is an appeal from the order denying defendant’s motion for a new trial. As stated by appellant: “This appeal involves the following questions of law, to-wit: “(1) The evidence was insufficient to sustain a finding of guilty by the Court. *338 “(2) The finding of guilty was contrary to law and contrary to the evidence for the reason above stated. “(3) The court erred in denying defe...
Views: 10
Plaintiffs instituted, this action for the purpose of vacating a sale of certain real property in the city of Redlands theretofore made by the defendant Security First National Bank of Los Angeles to the defendant Plarry J. Morris. From a judgment rendered in favor of the defendants plaintiffs have appealed.
The record on appeal discloses that the following facts were established by the ev...
Views: 0
In support of their motion to dismiss the appeal herein for failure of the appellant to file a transcript of the record within the prescribed time, respondents have presented the certificate of the county clerk as required by Rule VI of the Rules for the Supreme Court and District Courts of Appeal. [1]
The facts stated in the certificate are uncontradicted and it therefrom appears that notice of a...
Views: 0
The plaintiff had judgment in this action brought for the purpose of compelling a reconveyance from the defendants of certain real and personal property. From this judgment and an order denying a new trial, the defendants appeal. [1] As no appeal lies from an order denying a new trial, that portion of the appeal is hereby dismissed.
The complaint in the action and the findings of the court are to ...
Views: 4
Page 1038
Petitioner was regularly bound over to the superior court for trial for pandering. [1] He complains to this court that there was not sufficient evidence produced at the hearing to legally justify his being held for trial.
There is sufficient evidence to justify the belief that such a crime was committed in his residence. There is evidence of his implication and knowledge.
The writ is discharged.
C...
Views: 0
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While walking home from a theater in the Ingleside district, San Francisco, about 10 o'clock at night, a Mr. and Mrs. Louw found the lifeless body of an elderly woman lying in the street close to the curb on Kenwood Way, near the junction of Fairfield Way...
Views: 25
Mandate to compel the dismissal of an action. The petition alleges in substance that on the thirteenth day of June, 1932, the action sought to be dismissed was filed in Mono County against Masonic Mines Association and others. Thereafter, on August 5, 1932, defendants filed *Page 299
a demurrer and also a demand for change of place of trial. The demand for the change was granted and the action wa...
Views: 7
Page 1041
This is an appeal from a judgment of dismissal entered after sustaining demurrer to plaintiffs' complaint without leave to amend.
This action is brought by the heirs of Federico Meza, deceased, against the stockholders of Higgins Estate, a corporation, in damages for the wrongful death of said deceased. The death occurred on the twenty-sixth day of March, 1929, and the complaint was filed on the t...
Views: 0
The decedent left a holographic will in words and figures as follows:
"Los Angeles, California "June 17th, 1926
"I, Theresa Dorothea Combs, being of sound mind and body, and fully cognizant of what I am doing, hereby make this my last will and testament. I wish to appoint my daughter Theresa Gertrude Patterson, that she, without bonds have ample legal power to administer said Estate.
"I bequeath t...
Views: 7
From a judgment on verdict in a pedestrian plaintiff's favor for injuries negligently inflicted by an automobile driven by defendants, the latter appeal for insufficiency of evidence and excessive damages.
At night, while plaintiff was walking westerly across San Pablo Avenue, Berkeley, he was struck by an automobile of the defendant company driven southerly along the avenue by its employee, defen...
Views: 2
Plaintiff suffered personal injuries while riding as a guest in an automobile driven by defendant Smith. On a trial by jury she had judgment against defendant Smith in the sum of $15,000, from which judgment said defendant appeals.
The injuries were sustained as the result of a collision between the automobile of defendant Smith and a milk truck operated by defendant Ammons for the defendant Dairy...
Views: 8
The appellant, who is an attorney, was named as a defendant in an action filed in the Justice's Court of the Sixth Township in the County of Kern, which action was based upon certain services claimed to have been rendered to the appellant by two attorneys in Bakersfield. The complaint in that action alleged that the contract, upon which it was based, was entered into in the township named, but did...
Views: 9
Motion by respondent to dismiss appeal on the ground that no transcript has been filed. [1] It appears by certificate of the county clerk that notice of request for the preparation of a transcript was filed on January 16, 1933; that no transcript has been filed pursuant to section 953a of the Code of Civil Procedure or otherwise; that any proceedings in the trial court for the preparation of a tra...
Views: 0
This is an appeal from a decree settling the first account of the executor herein. The facts necessary to a discussion of the case show in substance that Elyse C. Rindge died in November, 1927. At the time of her death she was the owner of an estate appraised at the sum of $147,119.73, including a house and lot situated on the northwest corner of Pacific Avenue and Gough Street, appraised at $100,...
Views: 2
An order having been entered in the superior court denying a petition that the Municipal Court of the City of Los Angeles be required to vacate its judgment theretofore rendered upon an undertaking, the petitioner appealed.
Said petitioner furnished its undertaking as surety upon appeal by one Earle Wilson from a judgment of the municipal court declaring him guilty of having violated the state sta...
Views: 4
This is an appeal from an order settling the account of the guardian of the guardian of the estate of an incompetent person. The account as rendered shows that the guardian was allowed sums as compensation for her services and as compensation for her attorneys. No claim of error is made as to those items. However, she was allowed certain sums to reimburse her for moneys expended in traveling and f...
Views: 0
On the evening of December 19, 1931, the plaintiff was a passenger in a taxicab owned by the California Cab Company and driven by one of the persons constituting that company. As this taxicab was proceeding along Park Boulevard in the city of San Diego, a Cadillac rent car owned by the defendant Smith and driven by the defendant Bruce, and carrying two passengers for hire, bumped into the taxicab ...
Views: 4
THE COURT.
This is an appeal by the defendant from an order of the Superior Court of Sonoma County directing the defendant, as county clerk, to certify to the Secretary of State certain nominating petitions of the Communist Party to participate in the primary election of August, 1932. [1] It is evident from this statement that nothing is involved except abstract questions; that no order can be mad...
Views: 0
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The defendant was charged with the murder of Kehar Singh. He was convicted of manslaughter. From the judgment ...
Views: 10
Plaintiff, as administratrix of the estate of the deceased, brought this action to recover damages for the death of the deceased. The cause was tried by the court sitting with a jury and from a judgment on the verdict in favor of defendants, plaintiff appeals.
The accident in which deceased met his death occurred on April 16, 1928, at the intersection of Third Street and Evans Avenue in San Franci...
Views: 7
THE COURT.
This is an action to compel the reconveyance of a parcel of real property in Los Angeles County based upon the alleged violation of certain building restrictions.
Plaintiffs on July 26, 1923, were the owners of a tract of land described as lot 73 of Montebello according to a map thereof duly recorded. On that date they executed and recorded a "Declaration of Establishment of Restriction...
Views: 6
Motion for diminution of record. Respondents herein have made a motion for diminution of record by incorporating in and making part of the transcript on appeal an order amending nunc protunc an order granting a motion for a new trial. The order amending the record was made under the following circumstances: An appeal was taken by contestants from an order granting a motion for a new trial of the c...
Views: 1
On October 2, 1931, an information was filed in the Superior Court of Stanislaus County, containing, among other things, two counts, each of which charged the defendant with the crime of burglary. Upon being arraigned upon this information the defendant entered a plea of guilty to both of the counts charging him with the crime of burglary.
On the thirteenth day of October, 1933, the appellant file...
Views: 8
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This cause is before us upon an appeal by the defendant from an order and judgment of the trial court fixing and determining, after the taking of testimony, the degree of the offense of robbery of which the defendant had theretofore pleaded guilty. This p...
Views: 13
THE COURT.
The above action was brought to quiet plaintiff's title to a parcel of land in Los Angeles County. Plaintiffs acquired title from the estate of J.J. Morgan, deceased, by deed dated September 20, 1929, and recorded on September 27, 1929. Morgan acquired the property from F.N. J. Willey on November 8, 1902, by a deed which recited that the conveyance was made subject to "the mortgage on ...
Views: 0
An order having been entered in the superior court denying a petition that the Municipal Court of the City of Los Angeles be required to vacate its judgment theretofore rendered upon an undertaking, the petitioner appealed.
Said petitioner furnished its undertaking as surety upon appeal by one Earle Wilson from a judgment of the municipal court declaring him guilty of having violated the state sta...
Views: 4
Plaintiff appeals from an adverse judgment in an action brought to have declared a trust in certain real property. Respondent has neither filed a reply brief nor presented an oral argument on this appeal.
Two causes of action are set forth in plaintiff's amended complaint. The first alleges that plaintiff is the surviving mother of the deceased, Allie Fred Haywood, and that she had instructed a no...
Views: 0
Upon the forfeiture of bail in the Municipal Court of the City of Los Angeles, in each of several cases, motions were made to set aside the forfeitures, which were denied. A petition to the superior court for writ of prohibition restraining further proceedings upon said undertakings was there held insufficient and a demurrer thereto was sustained, from which ruling the petitioner appealed.
In each...
Views: 0
[1] Petition for mandate to compel respondent to issue execution on a judgment.
The facts are stated in the opinion in Rosslow v. Janssen,ante, p. 467 [29 P.2d 287], this day decided. Upon the authority of that case the petition is denied.
Knight, J., and Cashin, J., concurred.
A petition for a rehearing of this cause was denied by the District Court of Appeal on February 28, 1934. *Page 788
[EDI...
Views: 5
In the above-entitled cause the petitioner sought in the superior court a writ of audita querela to compel the Municipal Court to set aside an order forfeiting bail and entering judgment, which petition was denied. From the latter ruling the petitioner appealed.
[1] The questions here presented having been determined in considering controversies between the same parties adversely to the appellants...
Views: 0
From an order granting a motion for nonsuit and judgment entered accordingly the plaintiff appealed. Briefly stated, the complaint alleged that the defendant negligently furnished for the use of employees of the plaintiff’s employer a defective electrical apparatus knowing the same to be defective and dangerous, that plaintiff in using the same for said employer was injured thereby and that sai...
Views: 0
This action is based on section 3 of article XII of the Constitution and section 322 of the Civil Code (as of April, 1929) for the recovery of stockholders' liability. Judgment went for plaintiff.
[1] The one point raised on appeal may be simply stated and its solution needs no detail as to facts. That point is: *Page 783
Are those who subscribed for stock prior to but in contemplation of incorpo...
Views: 0
This is an appeal from a judgment for the sum of $12,500 with interest upon a disallowed claim against the estate of A.W. McPherson, deceased. Appellant contends that the judgment cannot stand for the reason that the statute of limitations had run against a promissory note with a trust deed securing its payment before the claim was presented to the probate court.
The facts are as follows: On the t...
Views: 12
This is a suit on a promissory note signed by defendant in favor of Ida Shores. The original complaint alleges an assignment or indorsement of the note to Olve J. Shores. The case was called for trial and the court permitted the amendment of the title to the complaint, so that the plaintiff should be “Olve J. Shores, also signs Ida Stockton Shores”. The cause came on for trial and the plaintiff t...
Views: 0
Action by plaintiff, as surviving wife of William L. Magby, on the double indemnity provision contained in three policies of insurance on the life of decedent, issued by defendant, the single indemnity provided for therein having been theretofore paid by the defendant company. The case was tried before a jury, which returned a verdict in favor of plaintiff. From the judgment entered upon such verd...
Views: 0
Suit was brought by plaintiff to recover a balance of $3,500 on an earned commission of $8,500. It was admitted that defendant agreed in writing to pay the total commission of $8,500 and that but $5,000 thereof was actually paid. Defendant set up as an affirmative defense that the purchaser to whom the property was sold, on which sale the commission was earned, defaulted and refused to perform its...
Views: 6
This is an appeal from an order made in proceedings purporting to be supplemental to execution. Assuming merely for the purpose of this opinion that the record is sufficient, the facts material to this appeal, which are recited in the transcript, include the following. In the above-entitled action a judgment was rendered by default in favor of the plaintiffs and against the defendant corporation o...
Views: 0
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From a judgment in favor of the plaintiff the defendant L.H. Cramer has appealed. In its complaint the plaintiff pleaded a written guaranty and prayed for a judgment based thereon. On the calling of the case counsel made an opening statement. That stateme...
Views: 0
The decedent, a resident of Los Angeles County, died on March 31, 1931, in the state of Kansas, as result of an aeroplane fall. Prior to his death, to wit: on February 18, 1930, decedent had executed a duly attested will which was admitted to probate and appellant herein was appointed, executor thereof. In this attested will, decedent devised to his father, the appellant, his homeplaee, together w...
Views: 4
Appellants herein, J. A. Briggs and Marie Plane Briggs, his wife, appeal from a judgment for damages in favor of respondents. (plaintiffs below) A. L. Trowbridge and Mamie Trowbridge, his wife, and from a judgment in favor of respondent (a co-defendant below) F. M. Meek upon a cross-complaint of appellants against him, and from an order denying the motion for new trial made by appellants. The- res...
Views: 3
Plaintiff: sued defendant for “balance due on open book account” for goods delivered by plaintiff’s assignor to defendant. The answer was in effect a general denial. From judgment for plaintiff, defendant appeals. Appellant contends that the evidence showed that plaintiff’s assignor, Northwest Table Corporation and appellant, who was doing business under the fictitious name of West-land Import and...
Views: 0
Defendant was convicted of nine offenses involving three small children. She appeals on the ground of insufficiency of evidence. The offenses will be considered in the chronological order in which they occurred. On or about February 13, 1933, at the noon hour, appellant asked a seven-year-old boy, who was returning to school, to show her the location of a store. After the boy pointed out a store, ...
Views: 3
This is a review of an order of the Industrial Accident Commission refusing to make an award of compensation against an insurance company for injuries feceived by the petitioner in the course of his employment while he was engaged in performing farm labor for his brother, W. G. Leroux. The only question involved in this proceeding is whether the Aetna Life Insurance Company, which was the insurer ...
Views: 0
Appellant, plaintiff below, as trustee in bankruptcy of Citizens Construction Company, a corporation, brought this action against respondent Union Indemnity Company and several fictitious defendants, for recovery of possession of six Improvement Act bonds of the stipulated value of $12,076.42, plus interest at seven per cent from date of bond, or their value in case possession could not be had. Th...
Views: 2
This action was brought by plaintiff against Hammond Lumber Company, a corporation, J. W. MacDonald and C. W. Driver, individually and doing business under the firm name of MacDonald and Driver, and John Doe. The latter appeared and answered in the person of L. J. McCormick, an employee of Hammond Lumber Company. The complaint in its essentials alleged that while plaintiff was walking on a sidewal...
Views: 1
The appellant was convicted in the Superior Court of Sacramento County of a felony, to wit: Violation of “an act to regulate the sale, possession, distribution and use' of habit-forming narcotic and other dangerous drugs and substances, and providing penalties for the violation thereof”, approved May 4, 1929, and acts amendatory thereof. The transcript on appeal was filed in this court May 11, 193...
Views: 2
The appellant was convicted in the Superior Court of Merced County of a felony, to wit: Manslaughter. The transcript on appeal was filed in this court July 26, 1934. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on September 11, 1934. No appearance was made for appellant at the time the case was called for hearing. Pursuant to the ...
Views: 0
The defendant was informed against by the district attorney, he entered a plea of not guilty and on the trial the jury returned a verdict against him. He made a motion for a new trial, but his motion was denied. He has appealed from the judgment and the order denying his motion. By section 1 of chapter 339 of the Statutes of 1923, it is made a felony if any “ . . . person who within the state of C...
Views: 2
An indictment was returned against the defendant accusing him of having committed robbery. *614It alleged four different counts. The defendant pleaded not guilty and on his trial the jury returned a verdict acquitting him on counts one, two and four, but convicting him on the third count. Thereafter, the defendant moved for a new trial. His motion was- denied. He has appealed from the judgment and...
Views: 1
On December 28, 1932, the district attorney of Los Angeles County filed an information in the superior court against the defendant, who is the appellant herein, charging him with the crime of robbery committed on or about the fifth day of December, 1932, which information further charged the defendant with having been convicted of a prior felony in the county of Los Angeles, in this state, and hav...
Views: 14
Petitioner asks a peremptory writ of mandate directing respondent Superior Court “to make its order satisfying of record the judgment in the action Phil Norton, Plaintiff, v. V. R. Irvin, Hugh Evans, Hugh Evans & Co., Inc., a Corporation, Defendants, action number 333,086, and the whole thereof”.
In that action plaintiff Norton brought suit against the defendants asking judgment for rescission of ...
Views: 0
In an action to recover an alleged balance due under a construction contract the trial court made findings in favor of the defendant and from the judgment entered thereon the plaintiff lias appealed and has brought up typewritten transcripts.
The' plaintiff alleged a contract for an agreed price in his first count and he alleged the reasonable value in his second count. In its answer the defendant...
Views: 1
This is the second appeal in the above-entitled action. The facts are fully set forth in the opinion determining the first appeal. (Brooks v. City of Monterey, 106 Cal. App. 649 [290 Pac. 540].) When the case went back for a new trial the hearing was had on the same pleadings before the trial court sitting without a jury. The trial court made findings in favor of the defendant and from the judgmen...
Views: 0
Motion by the respondent for dismissal of the appeal or affirmance of judgment on the ground that the question on which the decision depends is so Unsubstantial as not to need further argument. The liability of appellant for the injuries sustained by the plaintiff is founded upon provisions of section 141% of the California Vehicle Act. At the time of the accident respondent was riding in the auto...
Views: 5
This is a motion by respondent to dismiss appeal or affirm the order granting defendant’s motion for a new trial. The action was brought to recover damages for injuries suffered by the plaintiffs, by reason of alleged negligence of the defendant in the operation of an automobile, whereby the defendant’s automobile came into collision with an automobile operated by the plaintiff Joe Chapman. The ac...
Views: 0
An award and findings of fact in support thereof are questioned upon the ground that the same are contrary to the substantial creditable evidence, and that evidence upon which they' were based requires a denial of compensation. The undisputed facts are: The employer is a benevolent association maintaining a large three-story building in the city of Los Angeles containing a meeting hall, lobby, sev...
Views: 1
Appellants were indicted for rape and from a judgment based upon a verdict of guilty they prosecute this appeal. *650Inasmuch as it is not contended that the evidence is insufficient to support the verdict we need not set forth the evidence in any detail except as it is necessary to make clear the point urged for reversal. The complaining witness had, in company with several of her companions, vis...
Views: 5
Petitioner duly organized under the Workmen’s Compensation Insurance Act as a limited mutual company. It applied to the respondent for a certificate of authority tendering for approval securities and cash in an amount of $25,000. May 22, 1934, respondent submitted the application to the attorney-general and thereafter the last-named official advised the insurance commissioner that a company commen...
Views: 5
This is an appeal from a judgment which was rendered against the assignors of a lease for installments of rent, taxes and assessments due under the terms of a 99-year lease. The sole question to be determined is whether the lessees were in default for failure to pay taxes and street assessments which were levied but not delinquent at the time of the assignment.
The plaintiffs own certain lots in L...
Views: 0
This action was instituted to recover $98,000 from the defendant. The complaint contains two causes of action: the first, for damages suffered because of the breach of a written contract, and the second, for damages resulting from fraud and deceit in procuring plaintiff to enter into this contract. The jury returned a verdict in the sum of eighteen thousand dollars and this appeal is taken from th...
Views: 0
Appellant was convicted of the offense denominated “The infamous crime against Nature” in the Superior Court of Orange County and judgment was pronounced on June 29, 1934. On this same date he gave oral notice of appeal. No written notice of appeal was filed nor was an application stating in general terms the ground of appeal and the points upon which appellant would rely filed by him as required ...
Views: 0
In the complaint filed in the lower court and as amended by interlineation, the plaintiffs, who are husband and wife, charge that on October 29, 1932, plaintiff Velma C. Browne was riding in the automobile of Herbert Mabie as his guest. The said automobile was then being driven and operated by defendant Mabie on Lafayette Street in the city of Santa Clara, county of Santa Clara, at or near the pla...
Views: 12
The appellants herein stand convicted of the crime of assault with intent to commit rape. At a former trial they, together with one Bartels, had been tried, which trial resulted in an acquittal for Bartels, but as to the guilt or innocence of these appellants, the jury were unable to agree. During the second trial the district attorney offered as part of his ease the testimony of Bartels as given ...
Views: 2
Plaintiff brought this action seeking to recover upon a promissory note. Plaintiff had judgment upon a trial by jury and from said judgment, defendant F. H. Dam appeals. The complaint herein contained the usual allegations found in a complaint based upon a promissory note. The amended answer of defendant F. H. Dam set forth certain denials and further set forth certain affirmative allegations rela...
Views: 1
Defendant was charged by information with the crime of murder, to which was added the charge of a previous conviction of the crime of assault with intent to commit murder. Upon arraignment he entered a plea of not guilty to the charge of murder and admitted the previous conviction. He was tried before a jury which returned a verdict of guilty of murder of the second degree. A motion for new trial ...
Views: 12
Defendant appeals from a judgment whereby he was convicted of the crime of assault with a deadly weapon. He also gives notice of appeal from an order denying his motion for a new trial, but the record does not show that there was any motion for a new‘trial. We therefore treat the appeal as being solely an appeal from the judgment. The evidence shows that without provocation the defendant struck hi...
Views: 3
Appellant Torres was convicted of rape, kidnaping and robbery as charged in three separate counts of the information. He appeals from the judgment and from an order denying his motion for a new trial. On the night of October 29, 1933, Mrs. Corinne Houser with her husband and her brother George were standing beside an automobile in front of the house of her brother Lawrence. The defendant Torres wi...
Views: 0
Administration of the Estate of Marie Lagier, deceased, has been pending in the superior court since the probate of the will and appointment of executor on June 16, 1927. On July 21, 1927, the plaintiff presented to the executor for approval a creditor’s claim and *726the same was rejected by the executor on July 30, 1927, notice thereof being given to plaintiff on August 1, 1927. This action to r...
Views: 0
Respondent Hermanne Hauser was awarded compensation for the death of her husband, Jacob E. Hauser. Deceased had registered as an unemployed person with the Los Angeles County Stabilization Bureau, filling out certain blanks on a form card, including “will do anything” and “extent of need very”, words italicized being filled in by the person registering the applicant, upon information furnished by ...
Views: 2
Defendants were convicted of robbery in the first degree and two counts of kidnaping for the purpose of robbery, and have appealed. When court convened on the day of trial certain events transpired of which appellants 'Complain: The clerk called the roll of prospective jurors; they were sworn collectively to answer questions touching their qualifications to act as trial jurors; the court ordered: ...
Views: 8
Defendants’ demurrers to plaintiffs’ second amended complaint were sustained without leave to amend on May 24, 1932. On May 27th plaintiffs gave notice of appeal “from the ruling of the court in sustaining demurrers of defendants to second amended complaint without leave to amend”. On May 31st the trial judge signed the judgment in favor of defendants. On June 2d plaintiffs again gave notice of ap...
Views: 0
The plaintiff had judgment against the defendants for the recovery of the sum of $850. From this judgment the defendants appeal. The record shows that on or about the seventh day of December, 1931, the parties to this action entered into a certain lease whereby the defendants leased to the plaintiff certain garage property situate in the city of Ukiah, for a period of five years at a monthly renta...
Views: 3
This is an appeal by defendants Commercial Discount Company, L. Clark Conner and R. S. Tatum from *788a judgment entered against them after verdict, in an action for conversion of an auto truck body. Commercial Discount Company (herein referred to as appellant), as assignee of Conner, held a conditional sales contract on a combined auto truck and trailer (hereinafter called the truck), sold to one...
Views: 1
This case presents the question of the liability of a restaurant keeper charged with negligently serving a patron with food unfit for human consumption, whereby the patron is made ill.
The complaint alleges that on October 22, 1932, at about 6 o’clock in the evening, plaintiff had dinner served to her for pay at the restaurant of the defendant Townsends California Glace Fruits, Inc., and that thro...
Views: 0
The defendant has appealed from a judgment, which on its face purports to have been entered in pursuance of plaintiff’s motion for an order striking out the answer of the defendant and for the entry of summary judgment in favor of the plaintiff and recites that the court “considered the affidavits filed by the plaintiff and the defendant”. Upon the argument of the appeal, the defendant contended t...
Views: 0
This is an appeal from a judgment of conviction of the defendant on a charge of violation of the Code of Fair Competition for the Barber Industry adopted in this state under the authority of the Supplement to the California Industrial Recovery Act (Stats. 1933, p. 2632). The specific accusation is that on January 11, 1934, the defendant unlawfully made a charge of only 35 cents for cutting the hai...
Views: 0
The defendant was convicted of the crime of mayhem under the provisions of section 203 of the Penal Code, and of a prior conviction of robbery perpetrated in the state of Louisiana in 1928. From the judgment of commitment which was accordingly rendered and from the orders he has appealed. The information contains two counts. The first one charges the defendant with the crime of mayhem committed...
Views: 18
Petitioners seek by writ of mandate to compel the respondent court to set aside its order discharging an order to show cause directed to Arthur Zellerbach and further to compel said court to order said Arthur Zellerbach to testify as a witness upon the taking of a deposition. *51 In an action brought by said Arthur Zellerbach as plaintiff against the petitioners and others as defendants, peti...
Views: 11
Plaintiff is the widow of Joseph Carter Farrar who died on January 30, 1933. He carried an insurance policy on his life, dated February 20, 1929. It was issued by defendant with plaintiff named as beneficiary. She furnished the necessary proofs of death but payment was refused because of statements made in the application for the insurance which defendant maintained were false, and knowingly an...
Views: 7
Plaintiff was awarded damages by verdict of a jury in an action for personal injuries. After entry of judgment on the verdict, defendant gave notice of intention to move for a new trial. This notice was'given August 24th and the time expired on October 23d within which the court could grant a new trial. Honorable K. Van Zante, Judge of the Superior Court of Kings County, presided at the trial. ...
Views: 15
Petitioner herein presented to this court a petition for a writ of mandate directed to respondent superior court requesting said court to orderv or procure a transcript of certain proceedings, or if that could not be done to grant a new trial to petitioner, and in support thereof set forth that an action in replevin had been commenced in the Superior Court of Humboldt County, wherein Jesse J. Lamp...
Views: 4
An alternative writ of prohibition was granted by this court on the application of the petitioner herein and it was ordered that the respondent show cause why it should not be absolutely restrained from any further proceedings in a certain action now pending before respondent. The respondent has duly filed its return to the alternative writ. The question which is now presented for determination is...
Views: 0
The plaintiff -was the father of Vincent Morris, a fourteen year old boy, who was killed in an automobile collision when the boy and several of his companions were returning to Los Angeles from a trip to Dry Lake, or near there, where they had intended to go for the purpose of testing the speed of a certain Chevrolet roadster which had been stripped and “hopped-up”. The deceased was riding in the ...
Views: 0
3 Cal. App. 2d 254 (1934)
THE PEOPLE, Respondent,
v.
PETE AGUINALDO, Appellant.
Crim. No. 281.
California Court of Appeals. Fourth Appellate District.
December 20, 1934.
George R. Baird for Appellant.
U.S. Webb, Attorney-General, and James S. Howie, Deputy Attorney-General, for Respondent.
Marks, J.
Defendant was convicted of the crimes of robbery and assault with a deadly weapon. His moti...
Views: 20
Page 1127
An action for damages for personal injuries arising out of the alleged negligent operation of an automobile was tried before a jury, and from the judgment entered upon a general verdict in favor of defendants, plaintiffs appeal, asserting that the trial court erred in the giving of certain instructions requested by defendants and in its denial of plaintiffs’, motion for a new trial upon the groun...
Views: 6
Appellant Charles Thompson, together with another, was charged by an information with the crime of burglary, the information alleging that upon a day certain' defendant did then and there burglariously enter a certain basement under a particular dwelling house. The defendant was convicted and now prosecutes this appeal upon the following grounds: 1. Error of the court in refusing to give a pa...
Views: 8
Plaintiff and respondent Lionel H. Haydel moves to dismiss the appeal of defendant and. appellant Andrew Wade Morton in the above-entitled cause. In support of said motion, respondent contends that appellant’s opening brief does not consider or refer to the judgment from which the appeal was taken, that no brief has been filed in support of the appeal from said judgment, and that the time allow...
Views: 1
From the record and from an inspection of the respective briefs filed herein it appears that in two separate informations that were filed against him defendant was charged respectively with the commission by him of the crime of petty theft and the crime of grand theft; also, that preceding the respective dates when such offenses were alleged to have been committed, defendant had suffered a former...
Views: 3
This cause is before us upon the plaintiff’s appeal from a judgment of dismissal entered after granting motions to dismiss and sustaining demurrers interposed by the defendants to the plaintiff’s complaint without leave to amend.
The record shows that the plaintiff and Cooley Butler intermarried in the state of Minnesota, on or about the twelfth day of August, 1900, and thereafter continue...
Views: 0
3 Cal. App. 2d 21 (1934)
J. H. COOK, Respondent,
v.
LA VINA LAND COMPANY (a Corporation), Appellant.
Civ. No. 5110.
California Court of Appeals. Third Appellate District.
December 11, 1934.
James E. Pawson for Appellant.
John C. Packard for Respondent.
Deirup, J., pro tem.
This action was brought by respondent to recover from the appellant the sum of $5,250, *24 payments on account of seve...
Views: 0
The defendant- was charged in an indictment containing several counts with grand theft and violations of the Corporate Securities Act. Two of the counts charging grand theft were dismissed and he' was found guilty on the remaining charges. He has appealed from the judgment of conviction and the order of the trial court denying his motion for a new trial on seven of the counts charging grand the...
Views: 15
Respondent has moved to dismiss this appeal. No bill of exceptions or clerk’s or reporter’s transcripts have been filed in this court. It appears from the certificate of the clerk of the court below that judgment was rendered on January 17, 1934; that notice of entry of judgment was served on January 19, 1934; that notice of appeal was filed on February 1, 1934; that on July 30, 1934, the trial co...
Views: 0
This motion to dismiss the appeal herein is supported by the certificate of the county clerk and the facts therein stated are not contradicted. It is thereby made to appear that the only step in furtherance of the appeal which has been taken by appellant was the filing of a notice of appeal on April 19, 1933. No bill of exceptions has been settled, as provided in section 650 of the Code of Civil-P...
Views: 0
Defendant appeals from an adverse judgment in an action in unlawful detainer. It is contended, first, that the superior court was without jurisdiction to hear and determine the action; that on account of the amount of rental claimed, the justice’s court had exclusive jurisdiction thereof. We find no merit in the contention. The determination of the question of jurisdiction depends upon the am...
Views: 2
Page 1137
A complaint was filed against the petitioner in the Justice’s Court of San Jose Township, Santa Clara County, purporting to charge a violation of State Liquor Control Act, Statutes of 1933, chapter 658, page 1697. He was arrested and tried before the court, a jury having been waived. The trial court found him guilty and entered a judgment of conviction. The petitioner appealed to the superior cour...
Views: 0
From a judgment in favor of plaintiff in an action in ejectment the defendant appealed and has brought up the judgment roll. The complaint was drawn in the ordinary form. In her amended answer the defendant pleaded many denials and then set forth an affirmative defense. From that affirmative defense it appears: That heretofore the defendant was the owner in fee of the lands involved; that the plai...
Views: 0
In a second amended information, the defendant was charged with grand theft from the person, together with four prior convictions of felonies, Defendant admitted the prior convictions and by verdict of the jury was found guilty as charged in the information. He now appeals from the judgment of conviction and from the order denying his motion for a new trial. Apparently the main points involved in...
Views: 22
This is an appeal by the defendant Indemnity Insurance Company of North America, surety on the official bond of the defendant Frank H. Wells, as notary public, from a judgment rendered in plaintiff’s favor in an action brought by plaintiff to recover damages alleged to have been sustained by plaintiff by reason of the official misconduct of Wells as a notary. This misconduct consisted in the ma...
Views: 2
The plaintiff, a minor, through his guardian
ad litem,
instituted this action to recover damages for personal injuries alleged to have been caused by the negligence of the defendants. After the plaintiff had concluded the presentation of his case and had rested, defendants moved the court for a nonsuit. This motion was denied. The defendants then produced the testimony of one witness...
Views: 0
The defendants were convicted of the crime of burglary and from the judgment entered the appellant filed notice of appeal. On the same day he filed a written request for a transcript. Shortly after the transcripts were filed in this court the respondent filed a notice of motion to dismiss the appeal, noticing the same for December 11, 1934. Notice of this motion was served on the attorney for the ...
Views: 0
Page 1143
In this petition for a writ of habeas corpus it is alleged that Frank Salas was charged in a criminal proceeding in the Justice’s Court of the City of Riverside with the crime of vagrancy; that “one count” of the complaint charged him with a violation of subdivision 1 of section 647 of the Penal Code; that “a second count” charged him with a violation of subdivision 5 of that section; that both...
Views: 3
Plaintiff recovered judgment for injuries resulting from an accident in which she was struck by an automobile driven by defendant Mary B. Hornaday. The sufficiency of the evidence and propriety of instructions are the sole questions raised on this appeal. The accident occurred after dark at Fourth and Spring Streets, in Los Angeles. Plaintiff left the northeast corner and started westerly acr...
Views: 1
The plaintiff had judgment against the defendants in the sum of $6,500, for and on account of personal injuries, hospitalization expenses and doctors’ fees, suffered and necessitated by reason of a certain automobile collision between a car driven by the defendant, Nettie Brecht, in which the plaintiff was riding as a guest, and an automobile driven by a Mr. McCuen. Prom this judgment the defen...
Views: 17
The plaintiff on February 17, 1927, leased to William C. Pomin a storeroom in Oakland for the term commencing April 1, 1927, and ending September 30, 1933, at the monthly rental of $850 payable on the first day of each month during the term. The lessee sublet a portion of the premises to J. Sevilla for the same period. On April 23, 1931, Pomin died testate, and the premises except the portion s...
Views: 6
The defendant was charged with an attempt to commit the infamous crime against nature, and has appealed from the judgment of conviction and an order denying his motion for a new trial. He claims that the evidence is insufficient to sustain the verdict. The testimony shows without conflict that he placed his private parts between the thighs of a boy; that this continued several minutes and was a...
Views: 5
The plaintiff sued her husband for damages for the conversion of certain bonds. The trial court found that the bonds belonged to defendant and entered judgment for him. Appellant says in her brief, “The main and only question in this appeal is the ownership of said bonds.” A more accurate wording of the question would be, “Is there any substantial evidence to sustain the finding of the trial court...
Views: 0
Page 1149
In the court below respondents sued defendant Bernice A. Chase and appellant P. Earl Parks for damages for the death of their minor son, aged eighteen years, as a result of a collision between the automobiles of the respective defendants at a street intersection, the complaint alleging that deceased was a passenger and guest of appellant in his automobile and that both defendants operated their r...
Views: 5
The petitioner while employed as a carpenter’s helper was working on a scaffold attached to a high building. The scaffolding gave way and the peti-. tioner fell eight stories. By reason of the fall he suffered *137numerous injuries but he made a substantial recovery. Within the time allowed by law and in a proper manner he applied to the defendant commission for an adjustment of his claim for disa...
Views: 3
The sole contention of appellant is that the trial court erred in applying the provisions of section 439 of the Code of Civil Procedure as a bar to his recovery. Said section reads as follows: “If the defendant omits to set up a counterclaim upon a cause arising out o£ the transaction set forth in the complaint as the foundation of the plaintiff’s claim, neither he nor his assignee can afterwards...
Views: 0
The above-entitled cases were consolidated for the purpose of trial. Separate findings and judgments were rendered in each case. Separate appeals were perfected from the respective judgments. They were brought to this court and presented on a single transcript of evidence. The determination of the main issues of both cases depends on the same evidence. ■
The plaintiff Stuart F. Cooper 'has...
Views: 12
This is a motion to dismiss the appeal on the grounds, (1) that the questions on which the decision of the court depends are so unsubstantial as not to need further argument (sec. 3, rule V, Rules for the Supreme Court and District Courts of Appeal); and, that appellant has accepted and benefited by the fruits of the order. The record discloses that a receiver was regularly appointed after a heari...
Views: 2
This is a motion to dismiss an appeal from the judgment rendered herein on the ground that appellant has accepted the fruits, benefits and advantages of the judgment, since taking this appeal, and has consequently waived his right of appeal. The particulars in which it is claimed appellant accepted the benefits of the judgment are set forth in our opinion this day filed in a separate appeal in th...
Views: 0
Plaintiff, a brakeman in the employ of the defendant Southern Pacific Company, suffered injuries in the course of his employment. He prosecuted this action under the Federal Employers Liability Act (sec. 51, tit. 45, U. S. C. A.). Upon a trial by jury, plaintiff had judgment for the sum of $25,000, and from said judgment defendant appeals.
The accident occurred at about 1 o’clock on the morning of...
Views: 9
This appeal is from a judgment of nonsuit.
Plaintiff was employed by Howe Bros., who, as an independent contractor, was installing plumbing fixtures in the Edison building in Los Angeles. Defendant Haverty, as a separate independent contractor, was installing sheet metal work in the same building. Defendants Miller and Galloway were employees of Haverty.
Between 9 and 10 A. M. on June...
Views: 1
Plaintiff sued defendants as executors of the estate of Walter H. Morgan, deceased, on a complaint which set out its claim in count one as based on certain promissory notes, in count two on an open book account and in counts three and four on an account stated. The trial court found that the indebtedness had been incurred by deceased as set out in count one, but that it was barred by the statute o...
Views: 8
This is an action for money had and received. Judgment was given for the plaintiff in the trial court and defendant has appealed. The plaintiff was employed as sales manager for a Mrs. Charest, a manufacturer of a ladies’ hair tint or rinse, which was being sold under the trade name of “Lovalon”. As compensation the plaintiff was paid by Mrs. Charest twenty-five per cent of the amount which she...
Views: 1
3 Cal.App.2d 213 (1934)
C. F. COLMAR, Appellant,
v.
M. E. PINCKARD, Respondent.
Civ. No. 9613.
California Court of Appeals. First Appellate District, Division Two.
December 20, 1934.
Sloss & Ackerman and Ackerman, Wayland & Mathews for Respondent.
Sturtevant, J.
The plaintiff filed a complaint in the ordinary form asking for the rescission of a contract of the sale of the stock of a...
Views: 0
Plaintiffs, as judgment creditors of Emelie Brinkerhoff, now deceased, sued to set aside a deed of conveyance from Emelie Brinkerhoff to her daughter, Dorothy Bell. The trial court gave judgment for plaintiffs on the grounds that the deed was without consideration, and given with the intention and for the .purpose of defrauding the creditors of the grantor. Defendant Dorothy Bell appeals on typewr...
Views: 1
The plaintiff, a ten year old girl, by her guardian ad litem, sued the defendants, appellants herein, for damages for personal injuries arising out of an automobile accident wherein appellants’ trailer, which was drawn by appellants’ truck, struck the plaintiff at a time when she was a pedestrian upon a public highway. The truck driver approached an intersection at which there were several childre...
Views: 0
Page 1165
3 Cal.App.2d 226 (1934)
In the Matter of the Application of IRWIN H. ROTH for a Writ of Habeas Corpus.
Crim. No. 2615.
California Court of Appeals. Second Appellate District, Division Two.
December 20, 1934.
Richard H. Cantillon for Petitioner.
Philbrick McCoy, W. E. Simpson, Everett W. Mattoon, S. V. O. Prichard, Buron Fitts, Tracy Chatfield Becker and A. H. Van Cott for Respondent.
Willis...
Views: 8
Appellant, plaintiff below, as successor in interest of First National Trust & Savings Bank of Whittier, sued to recover a deficiency on a note, after sale under the trust deed securing the same. The defendant makers were husband and wife, and the property described in the trust deed was found by the trial court to be separate property of the husband. The note in question was given in
*2...
Views: 8
This appeal from a judgment of nonsuit rendered in favor of defendants and against plaintiff arose from an action for malicious prosecution. Plaintiff appeared in propria persona and prosecuted the action in forma pauperis. Present counsel on appeal did not appear of record in the ease until the settlement of the bill of exceptions, and entered the case solely for the purpose of prosecuting t...
Views: 1
3 Cal.App.2d 251 (1934)
THE PEOPLE, Respondent,
v.
WILLIS LEE BEAL et al., Appellants.
Crim. No. 280.
California Court of Appeals. Fourth Appellate District.
December 20, 1934.
M. W. Conkling for Appellants.
U.S. Webb, Attorney-General, and James S. Howie, Deputy Attorney-General, for Respondent.
Marks, J.
Defendants were jointly charged by an information filed by the district attorney of ...
Views: 13
This is an action on certain promissory notes totaling $175,000 which were given by the defendant to the plaintiff’s assignor, the Bank of America National Trust and Savings Association. In its answer the defendant denied the allegations in the complaint with reference to the assignment of the various notes and, as an affirmative defense and by way of counterclaim and set-off, alleged that some...
Views: 0
The defendant John L. O’Donnell, an employee of the defendant Union Paving Company, was driving a Ford truck belonging to said company in an easterly direction along Tilton Avenue in San Mateo, and about the time he reached and started across the intersection of Fremont Avenue a sedan driven by the defendant Mrs. Verda Pope approached from the truck driver’s left, on Fremont Avenue, and started a...
Views: 1
This action for damages for personal injuries was tried before a jury and resulted in a judgment *274 in favor of plaintiffs for the sum of '$7,500. Defendant appeals from said judgment. Appellant’s main contention is that “plaintiffs were guilty of contributory negligence as a matter of law and the alleged negligence of the defendant did not proximately cause the accident”. In support of thi...
Views: 10
Defendant was informed against, and after trial by jury, found guilty of three offenses: manslaughter ; violation of section 141 of the California Vehicle Act, failing to stop and render aid; and violation of section 112 of the California Vehicle Act, driving an automobile while under the influence of intoxicating liquor. In support of his appeal, appellant urges that the evidence is insufficient ...
Views: 0
Frederick J. Folsom, husband of petitioner, was killed by a cave-in of a ditch while employed by respondent Oswald Brothers. An award to the widow was made in the sum of $5,000, which is not contested. Respondent commission refused to award an additional $2,500 sought by petitioner for alleged serious and wilful misconduct by employer, and found that “the evidence does not establish that said inj...
Views: 10
Plaintiff in this action had judgment for the sum of $500 on account of an injury alleged to have been received by coming in contact with an electric wire in a building owned by the defendant. From this judgment the defendant appeals. The record shows the appellant, at the time of the injury received by the plaintiff, was the owner of a certain store building in the city of Ceres, in Stanislaus...
Views: 8
The grantor and grantees named in deeds to certain Los Angeles lots have appealed from a judgment which was rendered in a suit for declaratory relief brought under the provisions of section 1060 of the Code of. Civil Procedure to construe a clause in those instruments which restricts the use of the lots, among other limitations, to residential purposes. The deeds provide for a forfeiture of title...
Views: 12
The plaintiffs have appealed from that portion of a Judgment which was rendered against them following an order of the court sustaining the defendants’ objection to the introduction of evidence at the trial, on the ground that the complaint fails to state a cause of action. The plaintiffs’ application to amend their complaint was denied. This is a suit for injunction to prohibit the City of Red...
Views: 14
Plaintiff brought three actions against the defendants, respondents herein. The first was one to quiet title to certain real property; the second to cancel and declare void a certain promissory note, trust deed and contract of purchase, and the third to enjoin certain municipal court actions. The three actions were consolidated in the lower court and tried as one. In the action to quiet title, ...
Views: 0
Respondent filed an action in the lower court against appellants wherein the complaint was
*312
denominated “Complaint for Trespass and Damage”. He alleged actual and peaceable possession and right to posses-session of certain real property, and ownership and possession of certain personal property located thereon, of a certain value, with which he was operating on said real proper...
Views: 3
This is an action to recover on a compromise agreement made by the attorneys of record
*318
representing appellants in an action previously commenced by respondents against appellants, other than Union Indemnity Company, for damages for personal injuries alleged to have been caused by such appellants. Appellant Union Indemnity Company, which it was stipulated was public liability c...
Views: 6
Defendant Adair was accused on one count of forgery and two counts of forgery of a fictitious name, after prior conviction of a felony. He admitted the former conviction and was convicted and sentenced on all three counts. From the judgment and order denying motion for new trial he appeals. Intent to defraud is said to be lacking to support the jury’s verdicts. The check set out in count- 1 was...
Views: 14
The defendant Oliveria has appealed from a judgment of $2,163.50 which was rendered in an automobile casualty case jointly against him and his co-defendant John Carvalho for personal injuries sustained by Virgil Bettencourt, a minor, while riding with the appellant in his truck. A collision of the respective machines which were operated by the two defendants occurred at the intersection of the Cr...
Views: 4
The plaintiffs, who are brother and sister, brought two actions against the defendant for the recovery of damages, one for the death of their father John A. Ray, and the other for the death of their mother Alma S. Ray, who died as the result of inhaling poisonous fumes from a gas heater which, the plaintiffs charged, the defendant had negligently failed to adjust for the safe burning of the gas...
Views: 2
An action to recover the value of certain shares of corporate stock.
According to plaintiff’s complaint all the capital stock of Chevrolet Motor Company of California was owned by Chevrolet Motor Company, and all the capital stock of the latter corporation was owned by defendant General Motors Corporation.
Plaintiff on January 1, 1924, to January 1, 1926, inclusive, was employed by th...
Views: 13
Defendant was convicted by the court of grand theft. He has appealed from the judgment and order denying motion for new trial, although the record indicates that no such motion was made. It is claimed that the evidence is insufficient to support the determination of the guilt of appellant. The 1931 Chevrolet of one Dietrich was stolen May 2, 1934, and was located and identified by him June 15th in...
Views: 0
Defendant was heretofore convicted on two counts of rape and on appeal judgment of conviction and order denying motion for new trial was reversed. (People v. Abdullah, 134 Cal. App. 155 [25 Pac. (2d) 40, 42].) On the second trial the jury acquitted him on count one, pursuant to the court’s instruction, and convicted him on count two, which charged an act alleged to have occurred September 25, 1932...
Views: 0
Plaintiff Bessie Chandler was standing on the sidewalk at the southwest corner of Maple Avenue and Adams Street in Los Angeles when she was struck and injured by the floral truck driven by defendant Kempton and owned by defendants Benafel and Borcherding. The truck had collided with a coupe owned by defendant Maehris and driven by defendant Christian with her consent, and had come up over the cur...
Views: 6
This is an appeal by plaintiffs from the judgment to which we have just adverted in Civil No. *3748910 (ante, p. 368 [39 Pac. (2d) 890]), which absolved the defendants Machris and Christian. The facts are set out in the opinion in that case, and it is our conclusion that the verdict which exculpates the respondents here was proper under the evidence in the case. Appellants herein complain of certa...
Views: 1
Petitioners seek a writ of
certiorari
contending that the Municipal Court of Long Beach exceeded its
*376
jurisdiction in granting judgment on a complaint wherein a promissory note was set up
in haec verba,
and which note contained the following recital: “This note is secured by a deed of trust.” There was no allegation in the complaint that the note was so se...
Views: 3
Information was filed in the Superior Court of Los Angeles County charging petitioner with the crime of petty theft and a previous conviction of the same offense. On October 11, 1934, he was arraigned and entered a plea of “not guilty”. This had the effect of putting in issue both the theft and previous conviction. The case was regularly called for trial in another department on October 30, 1934. ...
Views: 0
Defendant was convicted of statutory rape alleged to have occurred in April of 1933, the complaining witness then being twelve years of age. He was also convicted of two other such offenses alleged to have been perpetrated in March and April of 1934. There was evidence to the effect that the complaining witness often went over to defendant’s home to play, and other small children were often with h...
Views: 0
Plaintiffs maintained a commercial cheeking account with the Ocean Park branch of the Marine Bank of Santa Monica. On December 18, 1931, the bank was taken over by Edward Bainey, as Superintendent of Banks. Plaintiffs recovered judgment against defendant for $4,000, plus interest, payable as a preferred claim out of the bank’s assets. Defendant appeals on the ground that plaintiffs are not enti...
Views: 0
A judgment was rendered in the superior court against defendants, all of whom other than defendant Traeger, as sheriff, appeal. The findings of fact supported, as we think, by the evidence, may be abbreviated as follows: The plaintiff Beckjord, respondent herein, owned an open market premises and was a party to a lease of the same and a party to a chattel mortgage upon fixtures therein; Ben H. ...
Views: 5
This is an appeal from a judgment in favor of plaintiff against defendant, the appellant, for goods furnished to a third person upon an alleged guaranty. The appellant signed and delivered to respondent an instrument
*390
in writing, wMch for brevity’s sake is set out herein in substance only, as follows: (1) In consideration of your extending credit at our request to San Vicente O...
Views: 0
The automobile of defendants Unrau driven by defendant Bennett with Unrau’s permission was involved in an accident with two other ears. The trial court found that the accident was caused by negligence of the driver of defendant’s car and of the driver of one of the other cars, but that the latter’s negligence was not to be imputed to plaintiffs May, King, Rentschler and West, who were guests in hi...
Views: 0
Plaintiff, with her husband and minor child, was involved in an accident with defendant’s auto
*393
mobile, in which she was injured and her son was killed. She recovered judgment for damages from which defendant appeals. No question as to negligence or contributory negligence is raised, the sole question on appeal being one of damages.
By reason of the accident plaintiff rece...
Views: 14
Isabelle S. Jones died in Los Angeles County, of which she was a resident, on December 7, 1931, leaving a will dated March 17, 1915, which contains the following paragraph:
“Second: After the payment of such funeral expenses and debts, I give, devise and bequeath unto my beloved husband, Charles E. Jones, or his heirs, all my property, of
*396
every nature and description, rea...
Views: 12
This is an appeal from a judgment after order in general terms sustaining general and special demurrers to a second amended complaint, without leave to amend. The record herein discloses no application by plaintiffs for leave to further amend. The main cause of action attempted to be stated consists in the alleged breach of duty of respondents, under contract as attorneys of appellants, to dili...
Views: 16
Appellant, defendant below, has appealed from a judgment for money and claims errors of the trial court in failing to find on all material issues and in denying a motion for new trial and contends that the findings are not supported by the evidence. We have examined the record and the evidence brought here by reporter’s transcript and note therefrom that there is complete unity of pleadings, proof...
Views: 0
By the first amended complaint filed in the lower court, plaintiff Edith Squiar (hereinafter re *430 ferred to as appellant) and W. A. Squiar, her husband, brought suit against the defendant Robert B. McLean (hereinafter referred to as respondent) and one Oscar Johnson, claiming damages by reason of injuries sustained by her in a collision between a car driven by respondent in which appellant w...
Views: 1
Complaint to quiet title. The judgment is affirmed on the authority of Phillips v. Clifford F. Reid, Inc., No. 8978, this 'day decided (ante, p. 304 [39 Pac. (2d) 512]). A petition by appellant to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on February 21, 1935....
Views: 0
Complaint for injunction. The judgment is affirmed upon authority of Phillips v. Clifford F. Reid, Inc., No. 8978, this day decided (ante, p. 304 [39 Pac. (2d) 512]). A petition by appellants to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on February 21, 1935....
Views: 0
Appellant, plaintiff below, brought suit against respondents to recover damages for alienation of her husband’s affections. On the trial before a jury the court granted respondents’ motion for nonsuit. Appellant moved for a new trial, which motion was denied, and she has appealed from both the order granting nonsuit and the order denying motion for new trial. The latter order is nonappealable but ...
Views: 7
Page 1203
Respondent Keller operated a hardware business and petitioner was insurance carrier of compensation coverage for the employees of that business. Respondent Smith worked for Keller and was. injured while carrying out his employer’s orders. Petitioner contends that its policy of insurance did not render it liable because Smith was hurt while doing work outside of the hardware business and not covere...
Views: 0
In December of 1933, respondent Harry Stout was on the county welfare rolls of Los Angeles County, receiving aid in the form of groceries and foodstuff, being classified as an “open welfare case”. The Civil Works *413 Administration (CWA), a federal relief agency, under its plan to furnish relief and relief work in aid of the states, requested the Board of Education of the City of Los Angeles, ...
Views: 1
The day after the court had made an order of partial distribution, which became the subject of an appeal decided by us October 31, 1934 (Estate of Nuttle, 1 Cal. App. (2d) 678 [37 Pac. (2d) 200]), respondent therein, Juana M. Wood, filed a petition in the Probate Court of Los Angeles County designated “Petition for Order to Determine Heirship and Interest in Estate” (under secs. 1080, 1081 and 108...
Views: 0
Plaintiff’s complaint, based on the common counts, alleged a balance of $6,350 due his assignor, an attorney at law, for professional services rendered defendant, and the sum of $31.50 laid out and expended by said assignor, at defendant’s request, for costs of suit. A bill of particulars furnished defendant by plaintiff showed that the charges for legal services were based on fees allegedly agre...
Views: 0
Page 1207
This appeal is from judgment for plaintiffs upon second trial of the case. An appeal from judgment for plaintiffs on the first trial resulted in reversal (211 Cal. 52 [293 Pac. 30]). The questions presented on the first appeal and at this time are substantially the same, with one exception. Plaintiffs sued to recover $7,000 as the purchase or exchange price of 70 shares of stock which defendants w...
Views: 0
Page 1208
The motion to strike the bill of exceptions must be denied. This in turn requires a denial of the motion to dismiss the appeal from or to affirm the second judgment, as this latter motion is predicated on a granting of the first.
In ruling on a motion for new trial addressed to the decision and judgment based thereon first filed and entered in this case, the trial court under authority of ...
Views: 1
Plaintiff, a building materials company, appeals from judgment in favor of respondent bank. An escrow had been started with the bank by defendant Gollos and one Reynolds, from whom the former was purchasing an apartment site. A sum of $47,500 remained unpaid on the purchase price. .Gollos went to plaintiff and made certain representations concerning a projected building loan which he hoped to o...
Views: 0
The parties herein, formerly husband and wife, executed an agreement authorized by sections 158 and 159 of the Civil Code wherein provision was made for monthly payments by appellant to respondent in a specified sum for support, and wherein it was agreed that the obligation to make such payments “is secured by a lien upon the income” of certain real property owned by appellant, and that “the re...
Views: 12
By a statement of facts in ordinary and concise language, appellant in her complaint herein stated a cause of action for recovery from respondent of the sum of $2,986.86 on a subsisting and unsatisfied judgment entered in favor of appellant and against respondent by a Nebraska state court on July 1, 1925, for separate maintenance payable in monthly installments indefinitely. In his answer respond...
Views: 13
The plaintiff sought to recover from the defendant the sum of $8,300. Judgment went for the plaintiff in the sum of $958.75. The amended complaint, upon which the cause was tried, was in two counts. The first count, denominated accounting, in substance, set forth the following facts: The defendant is the owner of a radio station known as KGFJ, located in the city of Los Angeles, which he was op...
Views: 7
Page 1214
This is an application for a writ of habeas corpus. With the exception of the name of the petitioner, the essential facts herein are identical with those appearing in the case of In re Salas, ante, p. 98 [38 Pac. (2d) 806], this day decided. For the reasons therein given, a similar order should be entered herein. The writ is discharged and the petitioner remanded. Marks, J., and Jennings, J., con...
Views: 0
On November 22, 1923, respondent Munguia, who was at that time receiving aid as a county welfare case, was given a work order by the charities de*755partment- of petitioner and while thus engaged suffered injury for which award was made. The questions here presented are identical with the case of County of Los Angeles v. Industrial Acc. Com., 2 Cal. App. (2d) 614 [38 Pac. (2d) 828], in which we co...
Views: 1
3 Cal. App. Supp. 2d 757 (1934)
C. I. T. CORPORATION (a Corporation), Appellant,
v.
BILTMORE GARAGE et al., Respondents.
California Court of Appeals.
September 28, 1934.
D. M. Potter and George S. Hupp for Appellant.
Call & Murphy and Walter Bennett for Respondents.
Shaw, P. J.
This is an action to recover possession of an automobile. Plaintiff is the successor in interest of a seller wh...
Views: 2
By count I of the complaint the defendant was charged with violation of section 367d of the Penal Code, which provides that “any person operating or driving an automobile, motorcycle or other motor vehicle who becomes or is intoxicated while so engaged in operating or driving such automobile, motorcycle or other motor vehicle shall-be guilty of a misdemeanor.” This section was adopted in 1911 and ...
Views: 12
Defendant was convicted on the charge of grand theft and he has appealed from the final judgment of conviction and the order denying his motion for a new trial. Defendant was accused of stealing a cow belonging to one George McCoy, a farmer residing near Pittsburg in Contra Costa County. On January 23, 1934, Mr. McCoy had ten cows and four calves. On the morning of January 24th he found that on...
Views: 4
Plaintiff is the father of George Gallucci, who was killed in a street car accident on Orange Avenue in the city of Coronado. George was six years and seven *6months old at the time of his death. The case was tried before the court without a jury and findings were made absolving the defendant from negligence. This appeal is taken from the judgment and is presented on the judgment roll. The trial c...
Views: 0
1 Cal. App. 2d 7 (1934)
JOSEPH DeBRINCAT, Petitioner,
v.
E. P. MOGAN, as Judge of the Superior Court, etc., et al., Respondents.
Civ. No. 9547.
California Court of Appeals. First Appellate District, Division Two.
September 21, 1934.
John J. Taheny, R. A. Purvis and Varnum Paul for Petitioner.
Hugh K. McKevitt for Respondents.
Nourse, P. J.
This is an original proceeding in mandamus. The pe...
Views: 7
The defendant was tried on an indictment charging the crime of pandering. The jury returned a verdict finding him guilty and he has appealed from the judgment on the verdict and from the order denying his motion for a new trial. The principal point raised is that the evidence is insufficient. The prosecuting witness testified that the defendant sent her a letter addressed to her home in Fresno tel...
Views: 0
Plaintiff obtained judgment in the trial court for the amount of certain installments claimed to be due under the terms of an instrument which he alleges to be a lease and which defendants allege to be an agreement for the purchase and sale of real estate. The land involved is situated in the republic of Mexico. The two defendants Louis M. Blodgett and N. A. Blodgett are husband and wife, and t...
Views: 10
1 Cal.App.2d 18 (1934)
ROBERT CHARDON, Respondent,
v.
ALAMEDA PARK COMPANY (a Corporation), Appellant.
Civ. No. 8743.
California Court of Appeals. First Appellate District, Division One.
September 22, 1934.
Ford & Johnson and Francis N. Foley for Appellant. *21
Breed, Burpee & Robinson for Respondent.
Knight, J.
The defendant owns and operates for profit a public pleasure resort in...
Views: 2
1 Cal. App. 2d 26 (1934)
THE COUNTY OF SONOMA et al., Petitioners,
v.
GEO. P. SANBORN, as County Clerk, etc., Respondent.
Civ. No. 5242.
California Court of Appeals. Third Appellate District.
September 22, 1934.
Edward J. Dole, District Attorney, for Petitioners.
Orrick, Palmer & Dahlquist for Respondent.
Thompson, J.
This is a petition for a writ of mandamus to compel the issuing of A...
Views: 6
1 Cal.App.2d 37 (1934)
WILMA JAMES et al., Minors, etc., Appellants,
v.
WHITE TRUCK AND TRANSFER COMPANY (a Corporation) et al., Respondents.
Civ. No. 8017.
California Court of Appeals. Second Appellate District, Division One.
September 24, 1934.
E. R. Simon and O. E. Mark for Appellants.
Joe Crider, Henry L. Knoop and David D. Stuart for Respondents.
Hahn, J., pro tem.
Plaintiffs appeal f...
Views: 1
1 Cal. App. 2d 43 (1934)
SAM LIMA, Petitioner,
v.
INDUSTRIAL ACCIDENT COMMISSION, JOHN LUTERAN et al., Respondents.
Civ. No. 5179.
California Court of Appeals. Third Appellate District.
September 24, 1934.
Ralph H. Lewis and Glenn West for Petitioner.
Everett A. Corten for Respondents.
Plummer J.
This cause is before us upon the application of the above-named petitioner to review an award ...
Views: 0
Plaintiff, as administratrix, brought an action under the provisions of an act of Congress entitled “An Act relating to the Liability of Common Carriers by Railroad,” etc., approved April 22, 1908, and amendments thereto, for the death of her son, who was killed while an employee of defendant Western Pacific Railroad Company. The issues were tried before a jury, who returned' a verdict
*...
Views: 0
1 Cal. App. 2d 58 (1934)
THE PEOPLE, Respondent,
v.
GUADALUPE M. FLORES, Appellant.
Crim. No. 266.
California Court of Appeals. Fourth Appellate District.
September 24, 1934.
Davies & Wallace for Appellant.
U.S. Webb, Attorney-General, and Paul D. McCormick, Deputy Attorney-General, for Respondent.
Barnard, P. J.
The defendant was charged with having murdered one Julio Contreras in the...
Views: 0
1 Cal.App.2d 64 (1934)
C. C. NORTH, Respondent,
v.
LILLIAN E. EVANS, Appellant.
Civ. No. 1098.
California Court of Appeals. Fourth Appellate District.
September 24, 1934.
Frank J. Macomber for Appellant.
S. G. North for Respondent.
Marks, J.
On December 13, 1927, Lillian E. Evans gave E. D. Wilkinson her promissory note for $700, due 180 days after date. On March 28, 1928, she gave him a s...
Views: 1
1 Cal. App. 2d 69 (1934)
JUSTIN GUTTER, Appellant,
v.
MYRON NIESLEY, Respondent.
Civ. No. 8926.
California Court of Appeals. First Appellate District, Division Two.
September 25, 1934.
Ford & Johnson for Appellant.
Ralph E. Bancroft and R. G. Partridge for Respondent.
Nourse, P. J.
This appeal presents the common case of two operators of motor vehicles each trying to beat the other across ...
Views: 0
1 Cal. App. 2d 72 (1934)
In the Matter of the Estate of LOUIS V. OLCESE, Deceased. OLCESE KRAMER, Appellant,
v.
JENNIE CAUZZA et al., as Administrators, etc., Respondents.
Civ. No. 1141.
California Court of Appeals. Fourth Appellate District.
September 25, 1934.
Edwin H. Williams and Rowen Irwin for Appellant.
W. H. Metson, Preston & Braucht and Borton & Petrini for Respondents.
Har...
Views: 5
This is an original application for a writ of mandate. The petition alleges that the applicant is a Deputy of the Chief of the Division of Labor Statistics and Law Enforcement, Department of Industrial Relations, State of California; that in accordance with the provisions of a certain statute which is known as the “Wage Collection Law” the chief of the above-mentioned division and his representati...
Views: 0
Kate Saathoff, one of the defendants in the above-entitled action, which was upon a promissory note bearing her indorsement, alone appeals from a *101judgment rendered against her and her co-defendants, who were the makers of the note. From the record it appears that on or about January 25, 1927, James E. Whitacre, one of the defendants, executed his promissory note in the sum of $5,200, payable t...
Views: 0
1 Cal.App.2d 105 (1934)
THE PEOPLE, Respondent,
v.
ALFRED C. DuFAULT, Appellant.
Crim. No. 2569.
California Court of Appeals. Second Appellate District, Division Two.
September 26, 1934.
Lester V. Peterman and W. C. Dalzell for Appellant.
U.S. Webb, Attorney-General, and Warner I. Praul, Deputy Attorney-General, for Respondent.
Scott, J., pro tem.
Defendant was convicted of the crime of bi...
Views: 9
1 Cal.App.2d 109 (1934)
THE PEOPLE, Appellant,
v.
LEE CAMPBELL et al., Respondents.
Crim. No. 263.
California Court of Appeals. Fourth Appellate District.
September 26, 1934.
U.S. Webb, Attorney-General, Frank Richards, Deputy Attorney-General, Elmer W. Heald, District Attorney, and D. H. Wolford, Deputy District Attorney, for Appellant. *111
Buel R. Wood, W. I. Wilson and Frank Birkhauser f...
Views: 6
1 Cal. App. 2d 115 (1934)
GRACE M. SALMON, Appellant,
v.
JOHN J. ALLEN, Jr., et al., Respondents.
Civ. No. 8916.
California Court of Appeals. First Appellate District, Division One.
September 27, 1934.
Aaron Turner and John Felton Turner for Petitioner.
Earl Warren, District Attorney, Ralph E. Hoyt, Chief Assistant District Attorney, and Agnes R. Polsdorfer, Deputy District Attorney, for Res...
Views: 9
Appellant by motion sought an order for the diminution of the record on appeal so as to include therein a certain affidavit alleged to have been considered in support of appellant’s motion for a new trial. It appears without dispute that the affidavit in question was served and filed more than ten days after the time permitted by section 659a of the Code of Civil Procedure for the filing of affida...
Views: 0
1 Cal.App.2d 122 (1934)
C. A. HOOPER & CO., (a Corporation), Appellant,
v.
FREEMAN, SMITH & CAMP CO., (a Corporation), Respondent.
Civ. No. 9259.
California Court of Appeals. First Appellate District, Division Two.
September 27, 1934.
McKee, Tasheira & Wahrhaftig for Appellant.
Bacigalupi, Elkus & Salinger for Respondent.
Spence, J.
Plaintiff filed a "Complaint for Money" seeking to recove...
Views: 1
1 Cal.App.2d 125 (1934)
CITY OF PASADENA (a Municipal Corporation), Petitioner,
v.
BESSIE CHAMBERLAIN, as City Clerk, etc., Respondent.
Civ. No. 9867.
California Court of Appeals. Second Appellate District, Division Two.
September 27, 1934.
Harold P. Huls, City Attorney, and John W. Holmes, Deputy City Attorney, for Petitioner.
Cruickshank, Brooke & Evans for Respondent.
Orrick, Palmer ...
Views: 1
1 Cal. App. 2d 138 (1934)
M. BURNETT SONTAG, Petitioner,
v.
THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent.
Civ. No. 9828.
California Court of Appeals. Second Appellate District, Division Two.
September 27, 1934.
Denio, Hart, Taubman & Simpson for Petitioner.
Doyle, Clark, Thomas & Johnson, Everett W. Mattoon, County Counsel, and Beach Vasey, Deputy County Counsel, for Responde...
Views: 0
This is an action to recover $120,000 unpaid purchase price of 5,000 shares of the capital stock of the California Land Buyers Syndicate, a bankrupt corporation. The action involves 5,000 shares of stock of the par value of $25 each. Five thousand dollars was paid to the corporation by R. L. Stewart and the stock issued. It was not delivered but was placed in escrow in accordance with the permit o...
Views: 0
Page 1243
1 Cal. App. 2d 144 (1934)
KATIE KARLE, Respondent,
v.
JAMES A. REED et al., Appellants.
Civ. No. 1115.
California Court of Appeals. Fourth Appellate District.
September 27, 1934.
Joe Crider, Jr., Clarence B. Runkle and Harry P. Sweet for Appellants.
Glen H. Munkelt for Respondent.
Marks, J.
The plaintiff was injured on January 20, 1933, while riding as a passenger of William Gillick in a l...
Views: 2
1 Cal. App. 2d 151 (1934)
CELESTE POZZOBON, Appellant,
v.
JOHN O'DONNELL et al., Respondents.
Civ. No. 8715.
California Court of Appeals. First Appellate District, Division One.
September 28, 1934.
Henri Burkard, Edmund Scott and Albert Picard for Appellant.
Gus L. Baraty for Respondents.
Knight, J.
Plaintiff was awarded $1500 damages by a jury, and judgment was entered accordingly. Subseq...
Views: 10
1 Cal. App. 2d 157 (1934)
JOHN HARVELD, Respondent,
v.
MRS.E. MILANI et al., Appellants.
Civ. No. 8927.
California Court of Appeals. First Appellate District, Division One.
September 28, 1934.
Hadsell, Sweet & Ingalls and Robert L. Lamb for Appellants.
Frank B. Thompson for Respondent.
Knight, J.
An automobile belonging to the defendant MrS.E. Milani and driven by her daughter, Adele M...
Views: 2
1 Cal. App. 2d 161 (1934)
HARRY LESSER, Respondent,
v.
CHARLES J. COLLINS, as Registrar of Voters, etc., Appellant.
Civ. No. 9207.
California Court of Appeals. First Appellate District, Division Two.
September 28, 1934.
John J. O'Toole, City Attorney, and Edmond P. Bergerot, Deputy City Attorney, for Appellant.
Morgan J. Doyle for Respondent.
Nourse, P. J.
This is an appeal from a perempto...
Views: 10
1 Cal. App. 2d 166 (1934)
E. S. WILLISTON et al., Appellants,
v.
CITY OF YUBA CITY (a Municipal Corporation), Respondent.
Civ. No. 5161.
California Court of Appeals. Third Appellate District.
September 28, 1934.
Ray Manwell and McDaniel & Mahon for Appellants.
Loyd E. Hewitt for Respondent.
Thompson, J.
From a judgment which was rendered against the plaintiffs in a suit to cancel a dee...
Views: 10
The defendant was convicted of the crime of robbery of the second degree. On appeal it is contended the verdict and judgment are not supported by the evidence, that the court erred in admitting evidence of another offense and in giving to the jury certain instructions. It is also asserted the prosecuting attorney was guilty of prejudicial misconduct in referring to the evidence of another offense...
Views: 4
1 Cal. App. 2d 178 (1934)
TECLA M. HOSKING, Appellant,
v.
E. E. DANFORTH, Respondent.
Civ. No. 5116.
California Court of Appeals. Third Appellate District.
September 28, 1934.
Fred J. Harris and James A. Nutting for Appellant. *180
Gerald M. Desmond and Stanley W. Reckers for Respondent.
Deirup, J., pro tem.
This action arose out of a collision after dark between the automobiles of plainti...
Views: 4
1 Cal. App. 2d 183 (1934)
In the Matter of the Application of R. G. LASSWELL for a Writ of Habeas Corpus.
Crim. No. 2540.
California Court of Appeals. Second Appellate District, Division Two.
September 30, 1934.
J. Wesley Cupp for Petitioner.
John K. Hull and D. A. Boone for Respondent.
Stephens, P. J.
The petitioner herein is charged with five counts of violation of section 6, chapter 103...
Views: 13
An action to recover damages for personal injuries alleged to have been caused by defendants’ negligence. Defendants alleged that plaintiff’s negligence proximately contributed to his injury, and the trial court found that any injury suffered was the proximate result of the concurrent negligence of plaintiff and defendant Lim Jack. Judgment was entered accordingly and plaintiff has appealed theref...
Views: 0
1 Cal. App. 2d 206 (1934)
LOLA MAY CASEY et al., Respondents,
v.
JOSEPH A. GRITSCH et al., Appellants.
Civ. No. 5125.
California Court of Appeals. Third Appellate District.
October 1, 1934.
Elliott, Atkinson & Sitton and Christopher M. Bradley for Appellants.
Downey, Brand & Seymour, T. L. Chamberlain and Shannon Turner for Respondents.
Plummer, J.
In this action prosecuted by the ...
Views: 5
1 Cal. App. 2d 217 (1934)
LORRAINE RILEY, Respondent,
v.
BERKELEY MOTORS INC. (a Corporation) et al., Appellants.
Civ. No. 9053.
California Court of Appeals. First Appellate District, Division One.
October 2, 1934
Kirke La Shelle, Jr., for Appellants.
Dutton & Gilkey and Errol C. Gilkey for Respondent.
The Court.
An action to recover damages for personal injuries alleged to have been c...
Views: 6
1 Cal. App. 2d 222 (1934)
THE PEOPLE, Respondent,
v.
FORREST POWELL et al., Appellants.
Crim. No. 2581.
California Court of Appeals. Second Appellate District, Division Two.
October 3, 1934.
George E. Cloud and W. C. Dalzell for Appellants.
U.S. Webb, Attorney-General, and Bayard Rhone, Deputy Attorney-General, for Respondent.
Scott, J., pro tem.
Defendants were convicted by the court with...
Views: 10
1 Cal. App. 2d 224 (1934)
THE PEOPLE, Respondent,
v.
JOHN E. DILLON, Appellant.
Crim. No. 2557.
California Court of Appeals. Second Appellate District, Division Two.
October 3, 1934.
Benno M. Brink for Appellant.
U.S. Webb, Attorney-General, and Alberta Belford, Deputy Attorney-General, for Respondent.
Willis, J., pro tem.
In an indictment, appellant was charged with three counts of grand ...
Views: 11
Page 1256
1 Cal. App. 2d 231 (1934)
E. E. BAKER, Respondent,
v.
JAMES F. PECK, Appellant.
Civ. No. 5065.
California Court of Appeals. Third Appellate District.
October 3, 1934.
Andrew R. Schottky and Elizabeth M. Maxwell for Appellant.
F. M. Ostrander and Hugh H. Griswold for Respondent.
Pullen, P. J.
This is an action brought by plaintiff against defendant for recovery of compensatory and punitive ...
Views: 12
1 Cal. App. 2d 238 (1934)
ANTHONY PARENTE, Petitioner,
v.
THE STATE BOARD OF EQUALIZATION OF THE STATE OF CALIFORNIA, Respondent.
Civ. No. 5219.
California Court of Appeals. Third Appellate District.
October 4, 1934.
Wallace Shepherd, William B. Hornblower and R. C. Fleming for Petitioner.
U.S. Webb, Attorney-General, and Ralph H. Cowing, Deputy Attorney-General, for Respondent. *240
Plumme...
Views: 8
1 Cal. App. 2d 246 (1934)
J. H. KERBY, Appellant,
v.
ELK GROVE UNION HIGH SCHOOL DISTRICT et al., Respondents.
Civ. No. 4958.
California Court of Appeals. Third Appellate District.
October 5, 1934.
Butler, Van Dyke & Harris for Appellant.
Neil R. McAllister, District Attorney, and Guy P. Johnson, Assistant District Attorney, for Respondents. *248
Thompson, J.
The plaintiff has appealed...
Views: 15
1 Cal. App. 2d 254 (1934)
In the Matter of the Application of A. WACHOLDER for a Writ of Habeas Corpus.
Crim. No. 1393.
California Court of Appeals. Third Appellate District.
October 5, 1934.
James F. Gaffney for Petitioner.
Hugh B. Bradford, City Attorney, and B. F. Van Dyke for Respondent.
Plummer, J.
On the twenty-fifth day of July, 1934, the above-named petitioner was arrested upon a w...
Views: 7
Plaintiff, as a pedestrian, during daylight hours, attempted to cross a congested city street in a business district at a point other than in an established crosswalk, and was struck and injured by an automobile driven by defendant. The trial ended with a nonsuit upon the ground that plaintiff’s evidence established contributory negligence as a matter of law, and this appeal is from the judgment o...
Views: 0
1 Cal.App.2d 265 (1934)
ANDREW SMARDA et al., Respondents,
v.
FRUIT GROWERS' SUPPLY COMPANY (a Corporation) et al., Defendants; CLARK A. MORSE et al., Appellants.
Civ. No. 4966.
California Court of Appeals. Third Appellate District.
October 6, 1934.
M. J. Cheatham and Carr & Kennedy for Appellants.
J. Oscar Goldstein for Respondents.
The Court.
This appeal, from a judgment upon a verdi...
Views: 2
1 Cal.App.2d 281 (1934)
In the Matter of the Application of MIGUEL GUTIERREZ, Jr., for a Writ of Habeas Corpus.
Crim. No. 274.
California Court of Appeals. Fourth Appellate District.
October 6, 1934.
James M. Carter and Grover C. Johnson for Petitioner.
Elmer W. Heald, District Attorney, for Respondent.
Jennings, J.
This is an application for a writ of habeas corpus. A petition for the wri...
Views: 9
1 Cal. App. 2d 287 (1934)
THE PEOPLE, Respondent,
v.
FRANK C. LANGDON et al., Defendants; JOHN C. THORN, Appellant.
Crim. No. 2520.
California Court of Appeals. Second Appellate District, Division Two.
October 9, 1934
Caryl Warner for Appellant.
U.S. Webb, Attorney-General, Frank Richards, Deputy Attorney-General, Buron Fitts, District Attorney, John Barnes and Alexander H. Van Cott for Resp...
Views: 4
Respondent, a used car dealer, sold a used automobile to a customer under circumstances which caused appellants to conduct a hearing and make an order under Los Angeles City Ordinance No. 69620 suspending respondent’s permit for thirty days. On certiorari to the superior court judgment was there rendered which was at first incorrectly transcribed in" the record presented to this court, but whic...
Views: 7
A writ of mandamus having been issued by the superior court requiring Pacific Southwest Discount Corporation, a foreign corporation, to submit its books of account and minutes of proceedings of shareholders and *296directors to inspection by a shareholder and his accountant, said corporation appealed therefrom. .A petition for a writ of supersedeas was thereafter filed by which it was alleged that...
Views: 0
Plaintiff sued to recover certain personal property and obtained judgment for its possession subject to a “lien” in favor of Smith and Graham. After the judgment became final the latter obtained from the court (1) an “order to enforce judgment” and (2) an order directing the issuance of a writ of execution to levy upon and sell said property to satisfy the lien. From these orders made after judgme...
Views: 0
On the twenty-fifth day of October, 1928, appellant and respondent entered into a temporary agreement in writing whereby appellant agreed to lease from respondent and respondent agreed to let to appellant eight hundred and thirty (830) square feet of the second floor of a building under construction on Yucca Street, near Vine Street, in Hollywood, California, for the purpose of conducting a busin...
Views: 0
1 Cal. App. 2d 305 (1934)
ETHOL M. McLENNAN, Respondent,
v.
HALL G. HOLDER, Appellant.
Civ. No. 1109.
California Court of Appeals. Fourth Appellate District.
October 9, 1934.
Wright, Monroe, Thomas & Glenn for Appellant.
A. R. Honnold for Respondent.
Marks, J.
This is an appeal from a judgment in the sum of $7,500 rendered by the court sitting without a jury against defendant for negli...
Views: 8
1 Cal.App.2d 317 (1934)
CITY OF MOUNTAIN VIEW (a Municipal Corporation), Appellant,
v.
SOUTHERN PACIFIC RAILROAD COMPANY (a Corporation) et al., Respondents.
Civ. No. 9118.
California Court of Appeals. First Appellate District, Division Two.
October 10, 1934.
E. L. Maxwell and Kirkbride, Wilson & Brooks for Appellant.
Louis Oneal, Arthur G. Shoup, Frank Thunen, Larkin, Rathbone & Perry and M...
Views: 1
1 Cal.App.2d 328 (1934)
HOBART ESTATE COMPANY (a Corporation) et al., Petitioners,
v.
STATE BOARD OF EQUALIZATION OF THE STATE OF CALIFORNIA et al., Respondents.
Civ. No. 5230.
California Court of Appeals. Third Appellate District.
October 10, 1934.
J. Richard Townsend for Petitioners.
U.S. Webb, Attorney-General, and H. H. Linney, Deputy Attorney-General, for Respondents. *329
Plummer, J.
...
Views: 0
1 Cal. App. 2d 334 (1934)
THOMAS WHELAN, District Attorney, etc., Appellant,
v.
LeROY BAILEY, Public Administrator, etc., Respondent.
Civ. No. 1121.
California Court of Appeals. Fourth Appellate District.
October 10, 1934.
Thomas Whelan, in pro. per., District Attorney, Frank T. Dunn, Chief Deputy District Attorney, and James B. Abbey and Carroll H. Smith, Deputies District Attorney, for Appe...
Views: 10
1 Cal. App. 2d 340 (1934)
ETHELYN B. ANDERSON, Respondent,
v.
GEO. L. BARNEY CO., INC., et al., Appellants.
Civ. No. 1100.
California Court of Appeals. Fourth Appellate District.
October 10, 1934.
Stearns, Luce & Forward and Fred Kunzel for Appellants.
George H. Stone for Respondent.
Marks, J.
Plaintiff recovered judgment for $1726.50, being $300 real estate commission paid defendants,...
Views: 4
1 Cal.App.2d 346 (1934)
H. CONKLIN COON, Petitioner,
v.
E. W. BISCAILUZ, Respondent.
Civ. No. 10044.
California Court of Appeals. Second Appellate District, Division Two.
October 11, 1934
William E. Dudney and A. L. Graham for Petitioner.
Everett W. Mattoon and S. V. O. Prichard for Respondent.
WILLIS, J., pro tem.
The alternative writ of mandamus was issued herein directed to the sheriff ...
Views: 2
Following the verdict of a jury, plaintiff had judgment for $7,500 for personal injuries suffered by her when an automobile in which she was riding as a guest collided with an automobile owned by the defendant C. H. Quackenbush and operated by the defendant John Quackenbush, his minor son. As a condition to the denial of a motion for a new trial, the trial court reduced the judgment to $5,000. ...
Views: 13
1 Cal. App. 2d 365 (1934)
GEORGE SANFORD et al., Respondents,
v.
CHARLES S. GRADY et al., Appellants.
Civ. No. 5064.
California Court of Appeals. Third Appellate District.
October 11, 1934.
George R. Freeman for Appellants Grady.
Clark & Heafey, Chenoweth & Leininger and James W. Hughes for Appellants Steger.
Jesse E. Nichols and Clifton Hildebrand for Respondents.
Thompson, J.
Se...
Views: 4
1 Cal. App. 2d 374 (1934)
ARTHUR TREPPA, Petitioner,
v.
JUSTICE'S COURT OF NUMBER THREE TOWNSHIP, COUNTY OF LAKE, et al., Respondents.
Civ. No. 5239.
California Court of Appeals. Third Appellate District.
October 11, 1934.
Charles Kasch for Petitioner.
Burt W. Busch for Respondents.
Pullen, P. J.
It appears from the petition for a writ of prohibition that Arthur Treppa is charged by an inf...
Views: 0
In support of their motion to dismiss this appeal for failure of appellant to file a transcript of the record within the prescribed time, respondents have presented the certificate of the county clerk as required by Rule VI of the Rules for the Supreme Court and District Courts of Appeal. The facts stated in the certificate are uncontradicted and it appears therefrom that notice of appeal was file...
Views: 0
Judgment in favor of defendant was entered in the court below on December 26, 1933, and notice of entry of judgment was served on December 29, 1933. On January 18, 1934, plaintiff gave notice of appeal to this court. On June 1, 1934, the trial judge terminated proceeding to obtain and settle a bill of exceptions and obtain a transcript. Nothing has been filed here except a certificate of the count...
Views: 0
The defendants were jointly charged with the crime of burglary. A jury found each defendant guilty of burglary in the first degree and from the ensuing judgment, each defendant has appealed. The transcript was filed in this court on August 1, 1934, and the cause regularly placed on the calendar for September 11, 1934, for oral argument. No appearance was made on behalf of the appellant Rackley, no...
Views: 0
1 Cal. App. 2d 381 (1934)
WILLIAM L. LENNON et al., Respondents,
v.
C. F. WOODBURY et al., Appellants.
Civ. No. 1505.
California Court of Appeals. Fourth Appellate District.
October 11, 1934.
West & West for Appellants.
Euler & Subith, Charles S. Swanner and Louis J. Euler for Respondents.
Barnard, P. J.
The respondents recovered judgment for injuries sustained by one of them while riding ...
Views: 0
1 Cal. App. 2d 382 (1934)
MAMIE E. SCRIMSHER et al., Respondents,
v.
RELIANCE ROCK COMPANY (a Corporation), Appellant.
Civ. No. 8626.
California Court of Appeals. Second Appellate District, Division Two.
October 13, 1934.
Bauer, MacDonald, Schultheis & Pettit, Fred E. Pettit, Jr., and A. S. Halsted, Jr., for Appellant.
F. Ray Risdon, J. L. Kearney and Jas. D. Randles for Respondent.
Pac...
Views: 6
Page 1285
Petitioner was on January 2, 1930, convicted of the crime of burglary in the second degree. The information also charged petitioner with having suffered two prior convictions. Following his conviction of the crime of burglary as above stated he was adjudged to be an habitual criminal and committed to the state prison at Folsom. The information failed to allege petitioner had served any term for th...
Views: 1
This is a petition.for a writ of habeas corpus by an inmate of the state prison in Folsom. From the judgment-roll it appears that petitioner was, on October 11, 1930, convicted of grand theft. The information also charged petitioner with having suffered three prior convictions' but fails to allege that terms were *402served therefor in any penal institution, as required by section 644 of the Penal...
Views: 1
1 Cal. App. 2d 402 (1934)
PETER SOARES et al., Appellants,
v.
A. GHISLETTA, Respondent.
Civ. No. 9275.
California Court of Appeals. First Appellate District, Division Two.
October 15, 1934.
Alberto Moura and Louis B. De Avila for Appellants.
Carlos R. Freitas, Jerome A. Duffy and Thomas F. Keating for Respondent.
Spence, J.
Plaintiffs sought damages in the sum of $540 for the alleged conve...
Views: 6
1 Cal. App. 2d 406 (1934)
C. V. SEIDELL, Appellant,
v.
TUXEDO LAND COMPANY (a Corporation) et al., Respondents.
Civ. No. 5163.
California Court of Appeals. Third Appellate District.
October 15, 1934.
Paul A. Lindley for Appellant.
Aaron N. Cohen and C. K. Bonestell for Respondents.
Held, J., pro tem.
This is a proceeding in equity to set aside a sale and deed executed pursuant thereto, pur...
Views: 3
1 Cal.App.2d 418 (1934)
ALBERT NELSON et al., Appellants,
v.
F. J. SCHOETTGEN, Respondent.
Civ. No. 5067.
California Court of Appeals. Third Appellate District.
October 15, 1934.
Fred A. Watkins for Appellants.
Rowan Hardin for Respondent.
Held, J., pro tem.
The plaintiffs herein, on July 20, 1932, entered into an agreement with defendant, whereby defendant leased to plaintiffs five certai...
Views: 13
The defendant was convicted of a violation of section 288 of the Penal Code by the verdict of a jury and filed notice of appeal from the judgment. 'The clerk’s transcript was filed in this court on August 17, 1934, and the reporter’s transcript on September 6, 1934. The cause was regularly placed upon the calendar for oral argument on October 9, 1934. No appearance being made and no brief having b...
Views: 0
1 Cal. App. 2d 426 (1934)
GOLDEN GATE CANDY PRODUCTS CO. (a Corporation), Petitioner,
v.
THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et. al., Respondents.
Civ. No. 9532.
California Court of Appeals. First Appellate District, Division Two.
October 16, 1934.
Morris, Jaffa & Sumski for Petitioner.
Alfred J. Hennessy and Byron C. Parker for Respondents.
Sturtevant, J.
This i...
Views: 0
1 Cal. App. 2d 433 (1934)
CHAS. MEIS, Plaintiff; J. EDGAR ROSS, Appellant,
v.
E. COLLINS et al., Respondents.
Civ. No. 1144.
California Court of Appeals. Fourth Appellate District.
October 16, 1934.
J. Edgar Ross, in pro. per., for Appellant.
C. L. Brown for Respondents.
Griffin, J., pro tem.
The record indicates that a partnership was formed between plaintiff Chas. Meis, defendant E. Coll...
Views: 0
Page 1295
1 Cal.App.2d 436 (1934)
U. F. LEWIS et al., Respondents,
v.
CLARENCE A. SHAW et al., Defendants; HARRIETT MORROW, Appellant.
Civ. No. 1456.
California Court of Appeals. Fourth Appellate District.
October 16, 1934.
No appearance for Appellant.
No appearance for Respondents.
Marks, J.
[1] On May 9, 1933, Harriett Morrow appealed from an order denying her motion to dissolve an attachment. The...
Views: 7
On June 16, 1933, Alice Schaub appealed from an order of the Superior Court of Orange County declaring Ella Jacqueline Coon, a minor, to be free from the custody and control of Alice Mary Schaub and Jake Schaub, her parents, and depriving said parents *438of the custody of said minor and ordering that the said minor- be made a ward of the juvenile court and placed in the custody of Ely da De Long ...
Views: 0
Shortly after noon on July 17, 1932, the plaintiff was injured while riding in an automobile driven by the defendant. It is conceded that the plaintiff was at the time the guest of the defendant and this action is based upon the theory of wilful misconduct. The defendant and her guest started at Pine Knot and were proceeding westerly toward San Bernardino. While rounding a curve some two miles di...
Views: 0
1 Cal. App. 2d 441 (1934)
MARY BELLE CREAMER, Appellant,
v.
JOHN CERRATO et al., Respondents.
Civ. No. 9116.
California Court of Appeals. First Appellate District, Division One.
October 18, 1934.
George K. Ford for Appellant.
Ross & Ross for Respondents.
Gray, J., pro tem.
Appellant sued to recover damages for personal injuries, received by her as the result of a collision between her ...
Views: 8
1 Cal.App.2d 447 (1934)
HOMER L. LE BALLISTER, Appellant,
v.
REDWOOD THEATRES, INC. (a Corporation), et al., Respondents.
Civ. No. 9432.
California Court of Appeals. First Appellate District, Division Two.
October 18, 1934.
Maurice E. Gibson for Appellant.
L. S. Hamm and B. E. Kragen for Respondents.
Spence, J.
Plaintiff brought this action to recover as a third party beneficiary under an ...
Views: 3
Page 1300
1 Cal.App.2d 449 (1934)
In the Matter of the Application of J. R. FISHER for a Writ of Habeas Corpus.
Crim. No. 2610.
California Court of Appeals. Second Appellate District, Division Two.
October 18, 1934.
Gladys Towles Root for Petitioner.
Ray L. Chesebro, City Prosecutor, and John L. Bland and Bourke Jones, Deputies City Prosecutor, for Respondent.
Desmond, J.
[1] Petitioner was convicte...
Views: 11
Page 1301
1 Cal. App. 2d 451 (1934)
In the Matter of the Application of EVAN EYRE for a Writ of Habeas Corpus.
Crim. No. 2620.
California Court of Appeals. Second Appellate District, Division Two.
October 18, 1934.
John F. Groene for Petitioner.
Buron Fitts, District Attorney, and Tracy Chatfield Becker, Deputy District Attorney, for Respondent.
Desmond, J.
[1] Petitioner, having entered a plea of g...
Views: 10
Appellant was injured in an automobile accident and a judgment for personal injuries therein sustained was recovered by him against one Haag, who at the time of the accident was the assured in a public liability *456 insurance policy issued by respondent companies. Many continuances of the trial of the personal injury action were obtained by counsel appearing of record for Haag, such counsel be...
Views: 10
1 Cal. App. 2d 463 (1934)
SIDNEY SMITH, Appellant,
v.
CITY OF GLENDALE (a Municipal Corporation) et al., Respondents.
Civ. No. 1157.
California Court of Appeals. Fourth Appellate District.
October 18, 1934.
Andrew M. Strong for Appellant.
Bernard Brennan, City Attorney, Aubrey N. Irwin, Assistant City Attorney, and A. L. Lawson, Deputy City Attorney, for Respondents.
Marks, J.
This is an a...
Views: 1
1 Cal. App. 2d 468 (1934)
H. W. PETERSON et al., Appellants,
v.
FRANK P. TAGART et al., Respondents.
Civ. No. 1137.
California Court of Appeals. Fourth Appellate District.
October 18, 1934.
Andrew M. Strong for Appellants.
Bernard Brennan, City Attorney, Aubrey N. Irwin, Assistant City Attorney, and A. L. Lawson, Deputy City Attorney, for Respondents. *469
Marks, J.
This is an appeal from ...
Views: 0
Appellants, plaintiffs below, brought suit against respondent bank and Paul A. Wickham to recover damages resulting from wrongful and fraudulent acts of Wickham. The case was submitted on the pleadings and a written stipulation of facts which the lower court adopted as its findings, and thereon made its conclusion that plaintiffs were entitled to take nothing from respondent bank.
At the t...
Views: 2
1 Cal.App.2d 478 (1934)
V. VALENTE, Respondent,
v.
THOMAS SICA, as Administrator, etc., Appellant.
Civ. No. 5139.
California Court of Appeals. Third Appellate District.
October 19, 1934.
Lindsay & Gearhart, Wakefield & Hansen and Nathan F. Coombs for Appellant.
Wallace Rutherford for Respondent.
Pullen, P. J.
The question here presented has to do with the sufficiency of a creditor's claim ...
Views: 1
The plaintiff in this action had judgment against the defendant for and on account of a certain life insurance policy issued by the defendant upon the life of her husband, Charles C. Metcalf. From this judgment the defendant appeals. On March 14, 1921, the insurance company issued its policy to Charles C. Metcalf, whereby it promised to pay to respondent, as beneficiary, upon proof of death of ...
Views: 6
1 Cal.App.2d 492 (1934)
WALKER SMITH et al., Respondents,
v.
ROBERT W. BROWN et al., Defendants; ALBERT BECK, Appellant.
Civ. No. 1470.
California Court of Appeals. Fourth Appellate District.
October 19, 1934.
Sarau & Thompson for Appellant.
R. J. Welch, Jr., for Respondents.
Barnard, P. J.
The plaintiffs were the owners of a promissory note for $1,000 signed by the defendants Brown and se...
Views: 0
1 Cal. App. 2d 496 (1934)
J. EDGAR ROSS, Appellant,
v.
WILLIAM O'BRIEN, Constable, etc., Respondent.
Civ. No. 1110.
California Court of Appeals. Fourth Appellate District.
October 19, 1934.
J. Edgar Ross, in pro. per., for Appellant.
W. E. Abraham for Respondent.
Jennings, J.
This is an appeal from an order of the Superior Court of Imperial County denying appellant's petition for a writ of...
Views: 6
1 Cal.App.2d 504 (1934)
J. F. AZEVEDO, as Administrator, etc., Respondent,
v.
MANUEL FRANCISCO AZEVEDO, Jr., Appellant.
Civ. No. 9553.
California Court of Appeals. First Appellate District, Division One.
October 20, 1934.
Manuel F. Sylva for Appellant.
E. H. Christian for Respondent.
Knight, J.
This is an appeal by defendant from a decree in plaintiff's favor quieting title to certain real...
Views: 7
In an action for the value of merchandise" sold by the plaintiff, based upon an alleged guaranty a demurrer to the complaint was sustained and judgment entered in favor of the defendant, from which the plaintiff appealed. The sole question presented is as to whether or not facts sufficient to state a cause of action within the intent of section 1624 of the Civil Code were alleged. *511 The ...
Views: 0
1 Cal.App.2d 512 (1934)
WILSON CHAPMAN, Petitioner,
v.
THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent.
Civ. No. 9911.
California Court of Appeals. Second Appellate District, Division Two.
October 20, 1934.
Lynden Bowring for Petitioner.
Everett W. Mattoon, County Counsel, Beach Vasey, Deputy County Counsel, Neil S. McCarthy, Earl L. Banta, Hawkins & Hawkins and E. A. Hawkins for Respon...
Views: 0
Plaintiff sued for damages resulting from an automobile collision. The defendant defaulted and plaintiff had judgment after trial for $1250. The defendant has appealed on the judgment-roll. The sole point raised by appellant is that the complaint fails to state a cause of action. The complaint alleges that the defendant was the owner of and was operating a certain automobile, and that “the said...
Views: 1
This is an appeal presented by the defendant from a judgment rendered against it by which the *517defendant is required to pay the face of the amount specified in a policy of insurance that was issued by the defendant on the life of one William R. Whittier. The case has been thrice tried. The result of the first trial was a judgment in favor of the defendant, which, on appeal therefrom, was revers...
Views: 0
1 Cal. App. 2d 518 (1934)
THE PEOPLE, Respondent,
v.
CHLOE B. HOWE et al., Defendants; CHARLES O. HASKELL, Appellant.
Crim. No. 2502.
California Court of Appeals. Second Appellate District, Division Two.
October 22, 1934.
George D. Higgins for Appellant.
U.S. Webb, Attorney-General, and Warner I. Praul, Deputy Attorney-General, for Respondent.
Scott, J., pro tem.
Appellant was convicted in...
Views: 10
1 Cal.App.2d 520 (1934)
E.E. WILEY, Respondent,
v.
KATHLEEN SILSBEE, Appellant.
Civ. No. 8845.
California Court of Appeals. Second Appellate District, Division Two.
October 22, 1934.
David H. Cannon, Thomas G. Nairn and Reed E. Callister for Appellant.
Arthur S. Guerin for Respondent.
Willis, J., pro tem.
Respondent, an attorney, brought this action against appellant to recover for profess...
Views: 11
Plaintiff brought this action in condemnation for the purpose of acquiring a certain parcel of land owned by defendant, which is required for use as a portion of the grounds surrounding a newly constructed university library. It is proposed to suitably landscape and beautify it with lawn and shrubs, and, by intersecting it with paths, to make the entrance to the library more readily accessible....
Views: 6
1 Cal.App.2d 533 (1934)
S. R. ROBINSON, Appellant,
v.
JULIA RAQUET et al., Respondents.
Civ. No. 8068.
California Court of Appeals. Second Appellate District, Division Two.
October 22, 1934.
William C. Mathes, Alford P. Olmstead, Wendell P. Hubbard and Lloyd Melvin Smith for Appellant.
Murphy & Doherty for Respondents. *536
Willis, J., pro tem.
This is an appeal by plaintiff from a judgmen...
Views: 13
1 Cal.App.2d 545 (1934)
LOUIS SAMUELS, Respondent,
v.
ISIDOR SINGER et al., Defendants; I. PRITSKER, Appellant.
Civ. No. 8781.
California Court of Appeals. Second Appellate District, Division Two.
October 22, 1934.
Kaye & Johnstone, W. W. Kaye and Homer Johnstone for Appellant.
Mathes & Sheppard, James C. Sheppard and J. Stanley Mullin for Respondent.
Willis, J., pro tem.
This is a...
Views: 6
1 Cal. App. 2d 556 (1934)
THE PEOPLE, Respondent,
v.
LILLIAN DUNN et al., Appellants.
Crim. No. 169.
California Court of Appeals. Fourth Appellate District.
October 22, 1934.
George R. Anderson for Appellants.
U.S. Webb, Attorney-General, Frank Richards, Deputy Attorney-General, Walter C. Haight, District Attorney, and Sherrill Halbert, Deputy District Attorney, for Respondent.
Marks, J.
B...
Views: 0
1 Cal. App. 2d 560 (1934)
In the Matter of the Estate of CHARLES JAMES HOWARD, Deceased. ADELAIDE ROWE MORRISON et al., Appellants,
v.
PHIL C. KATZ, as Administrator, etc., et al., Respondents.
Civ. No. 9610.
California Court of Appeals. First Appellate District, Division Two.
October 23, 1934.
I. F. Chapman for Appellants.
Brobeck, Phleger & Harrison, S. Laz Lansburgh and S. Joseph Thie...
Views: 15
Appellant's first point upon this appeal is that the evidence is insufficient to support the findings. The argument advanced in support of this is one that would call for the weighing of conflicting evidence by this court. Of course, it is impossible for the court to do this. An examination of the transcript discloses sufficient evidence to support the material findings. The second point is that t...
Views: 0
Page 1323
Appellants have taken this appeal from the orders of the court denying their respective motions for change of venue. After their demands and notices of motion to that effect had been served and filed, respondents filed with the clerk an order directing him to dismiss without prejudice as to appellants. Thereafter the lower court entered the order denying said motions for change of venue. Such orde...
Views: 2
On February 20, 1926, appellants leased certain real property to Great Western Sea Food Company, Inc. (hereinafter called “company” for brevity), for the term of ten years, by an instrument in writing which, among other provisions, recited that the sum of $5,000 had been deposited by the company with appellant lessors “to insure its good faith in the performance of all the terms,-conditions and c...
Views: 0
Defendant was convicted of assault with a deadly weapon. No motion for new trial was made. From the judgment he appeals on the ground that the evidence is insufficient to support the verdict and that the trial court erred in excluding certain testimony. The complaining witness, one Val, operated a restaurant and beer garden. Defendant came in with a eom *571 panion and they were served with b...
Views: 2
The plaintiffs began this action to obtain payment of the alleged reasonable value of certain work and labor performed under the terms of a written contract. *573Judgment was entered in favor of the plaintiffs for the sum found to be due as the reasonable value of the work and labor performed, and also adjudging that the plaintiffs were entitled to a lien* upon the real property mentioned in the c...
Views: 0
The defendants, brothers, were jointly charged with the crime of misdemeanor, to wit, petty theft, with two prior convictions of felony. It was charged in the information that on March 19, 1934, they unlawfully took certain designated property of a named person of the value of $25. It was further alleged that one of the defendants had suffered a prior conviction for forgery, the other one for gra...
Views: 0
This is an application for a writ of prohibition to restrain the Superior Court in and for the County of Los Angeles from proceeding with a hearing upon an order to show cause issued by said court, in the Matter of the Estate of "Jackson Barnett, deceased. The order was issued pursuant to the provisions of section 615 of the Probate Code, and was for the purpose of examining petitioner as to wheth...
Views: 0
Petitioner, Department of Public Works, seeks by this writ of review, to set aside and annul an order entitled “Order altering and amending findings and award and supplemental order for good cause under Section 20 (d) ” (referring to Workmen’s Compensation Act, Stats. 1917, p. 831, and amendments thereto), whereby it was found that James Alexander, the claimant, sustained an injury which resulted ...
Views: 0
This is an appeal from a judgment which was rendered against the plaintiffs in an action for the alleged conversion of two automobiles. It is claimed the defendant’s mortgage on the machines is void for failure to record it with the department of motor vehicles as required by section 45% of the California Vehicle Act.
It appears without conflict of evidence that on February 21, 1932, T. S. and Hom...
Views: 1
The defendant has appealed from a judgment of $1200 which was rendered against him for damages for personal injuries received by the ward of plaintiff, in' an automobile collision which occurred on a mountain grade.
The appellant contends the evidence fails to show that the defendant was guilty of negligence which proximately caused the accident, that the amount of the judgment is excessive, and t...
Views: 0
The Industrial Accident Commission gave George W. Barnes an award against the County of San Bernardino for injuries received by him on June 7 and 8, 1933, while working in Cucamonga Canyon in San Bernardino County. *600The petitioner has sought to have this award annulled upon the grounds that Barnes was not an employee of the county within the meaning of that term as it is used in the Workmen’s C...
Views: 0
Franklin Allen, now deceased, the plaintiff, had judgment against the defendant in this action, for and on account of the destruction of property and personal injuries alleged to have been suffered on account of a fire negligently allowed to escape from a car belonging to the defendant.
The facts disclosed by the record show that on or about the nineteenth day of May, 1931, the defendant w...
Views: 10
In this action the plaintiff sought to permanently enjoin the defendants from selling certain real property, proceedings for the sale of which had been begun under a trust deed given to the defendant title company to secure a note given by the individual defendants to the first-named corporation defendant. The amended complaint alleged that the plaintiff was the beneficiary under another trust dee...
Views: 1
Roy Myers and Scott Rackley were convicted of the crime of burglary in the first degree and, have appealed from the judgment pronounced upon them!' The appeal of Rackley has been dismissed (People v. Myers, ante, p. 380 [36 Pac. (2d) 410]), leaving that of Myers for our consideration. Myers has appeared here in propria persona and presents the following grounds for a reversal of the judgm...
Views: 11
This is an appeal from an order granting a new trial after judgment on verdict in favor of appellants. On May 18, 1931, the plaintiff suffered injuries as the result of a collision with a motor truck owned by Signal Trucking Company. Pie thereafter brought an action against the trucking company and recovered judgment in the sum of $17,170.60 and costs of suit. At the time of the accident the truck...
Views: 0
Defendant issued a policy dated April 8, 1931, insuring the life of Meer Kamischer, husband of plaintiff. The insured was drowned May 31, 1931. The *630first premium on the policy was paid June 1, 1931, repayment thereof tendered.by defendant upon fact of death becoming known and such tender refused. Upon refusal of defendant to pay plaintiff as beneficiary the amount of the death benefit under th...
Views: 2
Deceased made a will August 12, 1930, declaring that on that date she was a widow, that she had one daughter, appellant here, and three grandchildren, bequeathing her property to the daughter or to the grandchildren in case of the daughter’s predecease. The will stated that the maker, except as in the will provided, with full knowledge omitted to provide for her heirs living at the time of her dem...
Views: 0
By this proceeding in certiorari petitioner seeks to annul a judgment of the superior court entered after trial de novo of a case appealed from the small claims court sitting in the city of Los Angeles. One Anna May Brown filed an affidavit in the small claims court substantially in the form required by section 927b of the Code of Civil Procedure, claiming that petitioner herein was indebted to he...
Views: 1
The ward herein was discharged from the United States army at Camp Lewis, Washington, in January, 1918, for disability, and was at once brought back to Los Angeles, his home, by his brother, who is respondent guardian herein. Deeming his brothér incompetent to care for himself or his property, respondent took charge of him, managed and paid charges and expenses of his property affairs and support...
Views: 1
Plaintiff appeals from the judgment entered herein in favor of the defendants. The evidence and pleadings are in a very involved state, as are the briefs of the parties filed herein. The question raised by appellant is one that is answered by the general rule that where there is any evidence to support a finding, an appellate court cannot set up its judgment in lieu of that of the trial court. Thi...
Views: 0
The action, which gives rise to the appeals which are before us, is one wherein the plaintiff brought suit to recover damages for the sum of $36,251.37, alleged to have been suffered by her by reason of losses sustained in a real estate transaction, in which she alleges she was induced to invest her money through fraudulent representations made to her by the defendants.
Plaintiff ■ had jud...
Views: 16
This is an action to recover for attorneys’ services, tried before a jury which rendered a verdict in favor of plaintiffs. From the judgment entered thereon defendant appeals.
Plaintiffs were partners in the practice of the law from January 1, 1929, until the first of the year 1932. On January 13, 1930, plaintiff Bonelli and one Mark 'S. Feiler, also an attorney, executed a written contrac...
Views: 1
This is a proceeding in certiorari, and in our view of the case no extended or detailed statement of facts or discussion of law is necessary. In a pending action to foreclose a mortgage on real property the superior court entered an order appointing an appraiser to appraise the property in question under the *671provisions of section 726 of the Code of Civil Procedure as amended in 1933, such appr...
Views: 5
The Civil Service Commission (hereinafter called the commission) and the Board of Police Commissioners (hereinafter called the hoard) of the City and County of San Francisco, appeal from a judgment, directing the issuance of a peremptory writ of mandate, commanding the commission to certify respondent to the hoard, as eligible for appointment as a policeman, and the board to make such appointment...
Views: 14
Appeal by objector from an order of partial distribution distributing certain bonds enumerated therein to respondent Juana M. Wood. Decedent left a will making the following specific bequest: “Second: I give, devise and bequeath to Juana M. Wood of Los Angeles, California, Fifty Thousand Dollars ($50,000.00) par value U. S. Government bonds now in my safety deposit box at Security-First National B...
Views: 2
About 1 A. M. of the fifteenth day of December, 1929, while the plaintiff was standing between a fire plug and a light post on the southwest corner of Vermont Avenue and Monroe Street in the city of Los Angeles, a collision occurred between a street car owned and operated by the defendant, Los Angeles Railway Corporation, and an automobile owned by the defendant Earl D. Lytle, and operated by his...
Views: 12
Plaintiff, in two consolidated actions, sought to collect from defendants unpaid rentals under a written lease which was executed January 28, 1930, for a term of two years commencing February 15, 1930, and ending February 14, 1932. The first áction was commenced March 23, 1931, covering unpaid rent accrued on January 15th, February 15th and March 15th, which amounted to $525. The second action, c...
Views: 0
Plaintiff Macfarlane, doing business as Inyo County Abstract Company, issued a certificate of title by which it was shown that certain real property sold by defendants to the city of Los Angeles was free and clear of all encumbrances; when as a matter of fact, the county records showed an unsatisfied mortgage recorded against said real property that theretofore had been executed by defendants. The...
Views: 0
Defendant appeals from a judgment which followed his conviction of the crime of rape; also from an order by which his motion for a new trial was denied. In substance, the principal contention of appellant is that the evidence was insufficient to support the verdict of the jury that was returned against him. The briefs that have been filed herein clearly show that all parties to this appeal have fu...
Views: 0
Defendant was convicted on each of three counts of robbery and on each of three counts of kidnaping. He appeals from the ensuing judgment, as well as from the order by which his motion for a new trial was denied. In his brief appellant states the point upon which he relies for a reversal of the judgment as follows: “The appeal herein is based solely upon the [in]sufficiency of the evidence to...
Views: 5
Appellants, together with the defendants who have not appealed, were charged in two separate indictments with conspiring to violate the Alien Land Law. The cases were tried together, the appellants convicted and judgments pronounced upon them. They are here on appeal from the judgments and from the orders denying their motions for new trial. The eases were tried before the decision of Morrison...
Views: 7
This is an appeal from two designated portions of a decree of distribution entered in the estate of John H. Troy, deceased.
The appellant is the trustee in bankruptcy of Beatrice H. Hanks, who was the residuary legatee under the will of the decedent. In September, 1925, L. M. Reincke levied an attachment on all the interest of Beatrice H. Hanks in the personal property of said estate. In A...
Views: 4
In an action brought for the purpose of recovering a judgment for damages that resulted to plaintiff Kigali as the surviving husband, and to plaintiffs Sundsmo, as the surviving parents,, of a woman passenger in an automobile that collided with another automobile at a street intersection, plaintiffs weré awarded a verdict in the sum of one dollar. On the specified ground of the insufficiency of t...
Views: 14
A sale of the property of the Bolivar Holding Company, a corporation, was set for March 27, 1925, in the course of foreclosure proceedings commenced by the holder of a trust deed upon which more than one hundred thousand dollars was due. A meeting of the stockholders *741 of the Bolivar company was called and defendant, an attorney at law, employed by them to take steps to stop the sale apd to ...
Views: 0
This is a motion to dismiss the appeal from a judgment rendered by the trial court pursuant to a verdict returned by a jury for the sum of $10,000 in favor of plaintiff. The ground of the motion is “that said 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”; *744In substance, the points presented...
Views: 0
Plaintiff in the court below brought suit against appellant and one Harry E. Fryer, constable of a township in 'Santa Barbara County, for damages, both actual and exemplary, for false arrest and imprisonment. It appears from the record without substantial dispute that appellant, as a citizen, arrested respondent without a warrant in the presence of the constable, who had refused to make any arres...
Views: 0
The plaintiff had judgment against the defendant in this ' action for compensation at the rate of $100 per month from the twenty-sixth day of March, 1930, to and including the twenty-sixth day of June, 1931. From this judgment the defendant appeals. The judgment is based upon a health insurance policy executed and delivered by the defendant to the plaintiff on or about the tenth day of December...
Views: 0
For the reasons given in DeBrincat v. Mogan, Judge of Superior Court, Civil No. 9547 (ante, p. 7 [36 Pac. (2d) 245]), the petition herein is denied and the alternative writ is discharged....
Views: 7
This is an appeal from a judgment quieting title to respondents’ interests in two promissory notes which form the basis of the action in the case of C. C. North v. Lillian E. Evans, bearing our Civil number 1098 (ante, p. 64 [36 Pac. (2d) 133]), the opinion in which is this day filed. The pertinent facts, except the assignment of an interest in the note to C. H. Lytle, all appear in the opinion in...
Views: 0
This cause is before us upon an application of. the above-named petitioner praying that a writ of mandamus be issued directed to the above-named respondent, requiring the respondent to issue an “on sale” wine and beer license to the petitioner. The premises described in the petition are located at 574 Pacific Avenue, otherwise known as “Spider Kelly’s” place. The record shows that this is an appli...
Views: 4
Page 1363
The facts in this case parallel those in In re Fisher, this day decided (ante, p. 449 [36 Pac. (2d) 841]), and for the reasons set forth as the basis of our decision in that case the writ herein is discharged and the petitioner remanded. Stephens, P. J., concurred....
Views: 0
We have before us on a single record appeals in four cases which were tried together, and which all involve charges of violation of our statute regulating the practice of pharmacy. (Stats, of 1905, p. 535, secs. 1, 12, 13 and' 17, as amended by Stats, of 1933, p. 2192, sec. 16, as amended by Stats, of 1929, p. 239.) All of these cases arose since the amendments of 1933 became effective. The Pharma...
Views: 3
This prosecution was brought under the State Pharmacy Act (Stats. 1905, p. 535, secs. 1, 12, 13 and 17, as amended by Stats. 1933, p. 2192; sec. 16, as amended by Stats. 1929, p. 239). The complaint contains three counts, on each of which defendant was convicted, and he appeals. Count one charges that the defendant “did wilfully and unlawfully permit the sale of drugs and medicines, to-wit: per...
Views: 5
The plaintiff and the defendant in this action were, during the times mentioned herein, neighbors residing near Orosi, in Tulare County, engaged, among other things, in the raising and marketing of oranges. The plaintiff is, and was during all of the time, a man very well informed as to general market conditions, giving considerable attention thereto, and at times making trips to the city of Oa...
Views: 11
This cause is before us upon an appeal by the plaintiff from an order of the trial court denying plaintiff’s petition for a change of place of trial, based upon the third subdivision of section 397 of the Code of Civil Procedure. The action was originally instituted in the county of Los Angeles, and thereafter, upon the application of the defendant, transferred to the county of Butte, the residenc...
Views: 0
This appeal is from a judgment in favor of plaintiff and involves the interpretation and construction of a policy of insurance. The facts are not in dispute and are briefly, that plaintiff was the mother of John D. Housh and the beneficiary under the policy of insurance here in controversy, wherein defendant agreed to pay to plaintiff a specified sum for the loss of life of John L. Housh result...
Views: 3
The amended complaint herein contains two causes of action; the first being the ordinary suit to quiet title, while the second alleges title by adverse possession. The property involved is an unpatented lode mining claim in the county of Mariposa, known as the “Good Luck Mine”, which was located on February 1, 1892, by J. E. McLean, J. L. McLean and S. B. Ferguson. By mesne conveyances, plainti...
Views: 7
This is an action to quiet title involving certain mining claims. All prior and subsequent locators were made parties defendant and all defaulted with the exception of the respondent, who answered and filed a cross-complaint asking that title be quieted in him as to one of the parcels described in the complaint. Judgment was entered quieting title to the one parcel in the respondent and in favor ...
Views: 3
A rehearing was granted in this case in order to give further consideration to certain contentions advanced by appellants. Upon such reconsideration we are of the opinion that the contentions of appellants are meritorious and should to some extent be sustained. Appellants do not complain that this court in its prior decision incorrectly disposed of the principal question which is presented on this...
Views: 0
This action was instituted by the plaintiff to enforce payment of the balance claimed to be due from Carl H. Heilbron and Katherine Matilda Heilbron; his wife, the makers of a certain promissory note, and to foreclose the mortgage on real property which was given to secure payment of the note. The Maytag Company, a corporation, owner and holder of a second mortgage on the same property, was joi...
Views: 1
The defendants have appealed from an order granting a new trial in an automobile casualty case after a verdict had been returned in their favor. It is contended the judge abused his discretion in granting a new trial for the reason that there is no substantial evidence of the negligence of the defendants. At 11 o’clock on the night of January 14, 1932, the defendant Ben Hicks was driving a heav...
Views: 4
This action for declaratory relief was brought by plaintiffs for the purpose of determining the validity of a contract entered into with defendant. The trial court sustained the contentions of defendant and declared that the contract was a “valid and subsisting contract and binding upon the parties thereto”. Plaintiffs appeal from said judgment. The trial court handed down a written opinion whi...
Views: 4
Page 1375
Petitioner was adjudged in contempt of court for failure to return to court as a witness for defendant in a criminal case on the trial date to which such case was continued. A jail sentence was imposed and in addition thereto a fine was assessed with an alternative of further imprisonment in lieu of the fine. Commitment was issued and petitioner remanded to custody. The commitment sets out that s...
Views: 1
Plaintiff appeals from order granting motion for nonsuit. Defendant Harry G. Willis was driving his automobile on Pasadena Avenue near the intersection of Avenue 35, at 4:15 P. M. on a midsummer day. For several blocks he had been trailing a South Pasadena bound street car, in heavy traffic, and was even with it when nearing and passing the intersection named. Both street car and automobile were g...
Views: 0
Plaintiffs were the owners of the furniture and furnishings of a hotel in Madera. Defendant *76 Grim was a real estate broker in Chowehilla. Smith was a salesman employed by him, and the Union Indemnity Company, a corporation, furnished the surety bond for Grim, as required by law. Through defendants Grim and Smith an exchange was effected whereby the furnishings of the hotel were exchanged f...
Views: 1
Page 1378
This is an action brought by plaintiffs against defendants for personal injuries sustained as a result of the negligent operation of an automobile driven by Kin, and which, according to the findings, was owned by J. E. Votaw, who had, some six months prior to the accident transferred the car in question to J. G-. Kin by an oral conditional sale. According to the terms of the agreement, title to t...
Views: 12
Plaintiff and defendant had been friends for a number of years, and on December 9, 1930, were college classmates. On the afternoon of that day plaintiff was riding in the automobile of defendant south on First Street in the city of San Diego. At a point on the west side of First Street, about fifty feet south of A Street, *89 the automobile driven by defendant came into collision with an automo...
Views: 1
The plaintiff and the defendant, while living together as husband and wife, acquired several hundred acres of land in what is now Imperial County. On April 4, 1925, they entered into a partnership with two brothers of the defendant and their wives with the purpose of improving this land by setting out trees or vines thereon, and of subdividing and selling the same in parcels. The partnership agre...
Views: 4
The plaintiff executed and delivered a promissory note and a trust deed securing the same which *97 covered two separate parcels of real property, one situated in the city of Newport Beach and the other in the city of Laguna Beach. After default, the property was sold under the terms of the trust deed. The plaintiff brought this action to set aside the sale and to quiet title to the property in...
Views: 0
The defendant' was charged in two separate informations, the first alleging a violation of section 288 of the Penal Code and a violation of section 288a of the Penal Code and the second alleging a violation of section 286 of the Penal Code. The cases were consolidated and tried before one jury which found the defendant guilty of all of the charges. From the final judgments of conviction and the o...
Views: 8
Plaintiff, as assignee of Vincent W. Hallinan, brought this action to recover the sum of $15,000 upon a claim for attorney’s fees. Upon a trial by jury plaintiff had judgment for the full amount claimed. Defendant appeals from said judgment.
There are certain conflicts in the evidence, but in support of the judgment we must consider the evidence most favorable to plaintiff. It appears that...
Views: 7
Page 1384
The mother of Gertrude Doris Mahn, a minor, has appealed to this court from an order or judgment by which the guardianship of the person and the estate of said minor was awarded to the paternal grandmother of said minor. In substance and effect, the principal ground urged by appellant as a reason for the reversal of the judgment is that the evidence was insufficient to sustain it. It is well-estab...
Views: 1
This is an appeal from a money judgment in favor of plaintiff and respondent and against defendant and appellant, the appeal being upon the judgment roll alone.
The first cause of action alleged in the complaint was for hay sold and delivered to the defendant at defendant’s request, but apparently no evidence was introduced upon that cause as no findings appear in the judgment roll on that issue.
...
Views: 3
This appeal is before us on rehearing. The contention of appellant is that the trial court was without jurisdiction to enter the judgment here complained of. *119 Defendant was a nonresident. An action tras commenced against her and a writ of attachment was issued and levied upon certain real property belonging to her situate in this state. Upon her failure to answer, default was taken. There...
Views: 7
Page 1387
Appeal from a judgment of dismissal for want of prosecution. The provisions of the code relating to the power to set aside dismissals are remedial, intended to be liberally *122 construed and applied by trial courts to the end that meritorious trials may be had rather than that snap or default judgments prevail. Equally recognized and established is the rule that when a trial court has acted ...
Views: 0
In 1930 the plaintiff signed shipping articles with the defendant corporation, engaging to work on defendant’s steamship “Hyades” out of San Francisco for the Alaska fishing grounds in the triple capacity of seaman, stevedore and fisherman. While working in the hold of the vessel, unloading the cargo at their port of call in Alaska, the plaintiff was struck by a sling load of lumber, which threw h...
Views: 0
The city and county of San Francisco is operating under and governed by a charter which took effect January 8, 1932. (Stats. 1931, p. 2973.) For some years it has been engaged in constructing a water system known as the Hetch Hetehy Project under which it is preparing to bring, through pipes, tunnels, etc., water from the Sierra Nevada Mountains to San Francisco. In 1932, it was engaged in boring...
Views: 5
The plaintiff has appealed from a judgment- rendered by the trial court dismissing its complaint. The plaintiff’s action was based on a promissory note. The defendant filed a demurrer in which it pleaded the statute of limitations. The demurrer was sustained without leave to amend. After notice given the plaintiff did not ask leave to amend and judgment was entered dismissing the complaint.
...
Views: 2
The defendant has appealed from, a judgment of $1607.92 which was rendered pursuant to the verdict of a jury returned in a suit on an insurance policy on account of the death of plaintiff’s husband as the result of an automobile casualty. The indemnity company claims it is specifically exempted from liability by the terms of the policy for the reason that the insured was killed while riding in a ...
Views: 8
The defendant was convicted of the offense of embezzlement, and from the order of the court denying his motion for new trial, and entering judgment of conviction, this appeal is taken. The indictment upon which the appellant was arraigned and tried is in the following words and figures, to wit. (Omitting title):
“The Grand Jury of the County of Sacramento hereby accuses Forrest C. Hill of ...
Views: 15
This action was brought to recover damages suffered by respondent herein, growing out of injuries sustained by him when the automobile which he was operating collided with an automobile driven by appellant. The accident occurred about 11:30 A. M. upon a public highway in Imperial County, at a place approximately four miles southeast of the city of El Centro. The ease was tried by the court wi...
Views: 1
This is an appeal from an order denying a motion' to set aside the default of defendant and the judgment and interlocutory decree entered thereon in favor of plaintiff. Plaintiff and defendant are husband and wife. On January 9, 1932, plaintiff filed an action for divorce against defendant upon the ground of desertion. Summons was served January 12, 1932, default entered June 16, 1932, and the int...
Views: 5
On December 31, 1931, plaintiff was awarded an interlocutory decree of divorce. During the pendency of the divorce^ action the parties entered into a contract settling their property rights and providing that defendant pay plaintiff $125 each month for the support of their two minor children, the payments to continue "during such time as the said child or children shall remain in the care and *1...
Views: 17
The petitioner applied for a writ of mandate to compel the respondents to reinstate her to full-time work as a teacher in the Redlands High School District for the year 1932-1933 and to pay her certain additional salary for that school year. Judgment was entered in favor of the petitioner and the respondents have appealed. For convenience, the parties will be herein referred to as the petitioner ...
Views: 6
The defendant was convicted of a felony. He made a motion for a new trial, the motion was denied, and he has appealed from the judgment and from the order denying him a new trial.
The charging part of the information was as follows: “The said Clifford Voss, having been heretofore, to-wit: on or about the 5th day of May, 1926, convicted in the United States District Court .for the Northern ...
Views: 4
From a judgment in favor of the plaintiff in an action to obtain a decree of specific performance the defendants have appealed. Heretofore the defendants purchased a lot in Liver-more at a delinquent tax sale. Thereafter on January 14, 1928, they entered into a contract with the plaintiff by the terms of which they agreed to convey to him “ . . . the title to said property, free and clear of encum...
Views: 0
Plaintiff, as assignee of Thomas Hewitt, brought this action to recover the sum of $350 upon a book account for goods sold and delivered. The ease was tried by the court sitting without a jury and plaintiff had judgment as prayed against defendant I. D. Klopstock. Said defendant appealed from said» judgment and after his death the above-named appellants were substituted herein in his place and ste...
Views: 8
Defendant Edith Wake Danziger appeals from a judgment rendered in favor of plaintiff and against defendants for the sum found due, in an action upon a contract of guaranty which reads as follows:
“Los Angeles, California, “Date Feb. 9, 1925.
“For Value Received, the undersigned, jointly and severally, hereby guarantee due payment of any amounts owing or to be owing in the future to th...
Views: 0
This proceeding is one in mandamus to require the discharge of an attachment issued out of an action in the superior court. It is alleged in the complaint that corporate stock was purchased by the plaintiff under defendant’s false pretenses and that plaintiff promptly rescinded. The prayer is for the return of the purchase money paid with interest. The facts bring the issue within the principles e...
Views: 0
The petitioner above named was awarded a judgment in the trial court directing that he be reinstated as a member of the California Highway Patrol, with permanent status and back salary at the rate of $175 per month. The judgment was entered upon the theory that the plaintiff was occupying the position of a traffic officer on January 1, 1929, and by virtue of subdivision “I” of section 30- of the ...
Views: 1
The plaintiff has appealed from that portion of a judgment which declares and enforces an indenture of trust involving the subdivision and sale of real property. This challenged portion of the judgment determines that a separate written instrument which was accepted, adopted and ratified by the trustee at the same time and as a part of the declaration of trust should be construed with it and h...
Views: 2
This action is upon a rejected claim. The complaint contains two counts. The first is for services as a nurse and companion, and the second count is upon an agreement of the decedent to pay a mortgage in the sum of $5,500 assumed by plaintiff in the purchase of a home. The defendant answered, admitting the due appointment of defendant Angela J. Coyle as administratrix of the estate of deceased and...
Views: 0
By information in two counts the defendant was charged with the crime of violation of section 288a of the Penal Code, a felony. On each count the .verdict found the defendant guilty of attempted violation of said section of the Penal Code. Separate judgments were entered. The defendant appeals from each judgment and from an order denying his motion for a new trial. *229The grounds of appeal as sta...
Views: 2
This is an appeal from a judgment for attorney’s fees rendered on verdicts of a jury. No statement of the questions involved is presented; neither is there any specification of errors relied upon by the appellant in support of the appeal. The appellant’s brief is a long statement of charges that plaintiff and his former associate in practice, who assigned his right to plaintiff, violated their ...
Views: 0
Action by a wife against the estate of her deceased husband for breach of a property settlement. The creditor’s claim upon which the action is based arose out of the following facts: On the ninth day of April, 1931, Charles P. Naylor and Era Eveline Naylor, his wife, entered into a contract settling and determining their property rights arising out of their marital status. The contract recites tha...
Views: 0
This is an appeal by Ellen Gheen, the administratrix with the will annexed of the estate of Isabelle G. Boyle, deceased, and one of the legatees under the will of said deceased, from certain portions of the decree of final distribution. Isabelle G. Boyle died testate on December 13, 1932, leaving a holographic will dated May 9, 1928, the main provisions of which will were as follows: “I give ...
Views: 1
Defendant appeals from a judgment of conviction that was rendered against him pursuant to three several verdicts returned by a jury for the commission by him of the respective crimes of murder in the second degree, violation of section 112 of the California Vehicle Act relating to the driving of an automobile while the driver thereof is under the influence of intoxicating liquor, and violation of...
Views: 9
tem. — The questions presented for our consideration in this appeal arise from the court’s order overruling a demurrer filed to respondent’s amended petition for a writ of mandate directed to the Board of Police Commissioners of the City of Los Angeles (hereinafter referred to as the board), requiring it to reinstate petitioner on the police force from which he claims he was illegally removed, ...
Views: 6
Page 1412
The return to the writ shows that petitioner was, until released on bail herein, held in custody under commitment issued out of the Justice’s Court of San Jose Township, in the County of Los Angeles, pursuant to judgment entered in said court in an action by the people against petitioner and by which he was sentenced to imprisonment in the county jail for a period of six months. The complaint in t...
Views: 1
The only question presented for consideration on this appeal is whether or not the trial court erred in denying appellant a trial by jury.
This appeal was brought up on two bills of exception. The first of these sets forth that appellant served and filed a memorandum stating that the case was at issue and demanding a trial by jury. This demand for a jury was denied. The second bill of exceptions s...
Views: 1
As administratrix of the estate of her deceased husband, the plaintiff commenced an action to obtain damages for malpractice. The defendant Arthur Hieronymus is a physician and surgeon. In her complaint the plaintiff joined as defendants several nurses who served the decedent during his last illness. Only Dr. Hieronymus answered and the action was tried before the trial court sitting with a jury....
Views: 11
This appeal is based upon a judgment that was rendered in pursuance of a verdict returned by a jury in an action brought by the plaintiffs against the defendants for the recovery of damages alleged to have ensued to the plaintiffs by reason of the death of one Fusa Nakamoto, who was killed in a collision that occurred between her as a pedestrian and an automobile that was being operated at the tim...
Views: 0
This is an action for damages alleged to have been sustained by plaintiff while a patient in the hospital operated by the defendant.
Plaintiff went to the hospital for an abdominal operation, which was performed by his own physician. He was thereafter cared for by his physician and by nurses employed by him or his physician. Plaintiff remained in the hospital until the wound healed, when h...
Views: 4
Appellant was charged by information filed by the district attorney of Los Angeles County, the information containing two counts, covering separate offenses. Jury trial having been waived, the matter was by stipulation submitted on the transcript of the preliminary hearing and certain additional evidence that was taken by the court; whereupon the court found appellant guilty as to count two and d...
Views: 0
This is a summary proceeding in unlawful detainer based upon section 1161a of the Code of Civil Procedure providing that where property has been sold under section 2924 of the Civil Code under a power of sale contained in a trust deed, and the title of the purchaser has been duly perfected, he may maintain against the trustor in possession a summary and special proceeding to remove him after first...
Views: 1
Plaintiff sued for damages for personal injuries and the jury returned a verdict for the defendant. The evidence upon which the verdict was based shows that plaintiff alighted from a northbound street car at about 9:30 P. M. at a point within a safety zone, walked to the north end of the safety zone, waited for some automobiles to pass, then walked due west to the center of .the street. There she ...
Views: 0
The information against the defendant filed by the district attorney of Fresno County contained four counts. In the first count the defendant was charged with having committed the offense of statutory rape; in the second count the defendant was charged with having committed the crime of incest with his daughter Elsie Petrille on March 24, 1934; in the third count he was charged with having committ...
Views: 0
The People appeal from an order of the Superior Court of Kern County sustaining the demurrer interposed by the defendants to an amended indictment and providing that the defendants be discharged and their bail exonerated.
The amended indictment contains six counts. In three of these counts the defendants are charged with having conspired to commit the crime of grand theft. In the remaining...
Views: 3
The appellant owned a ranch on which his father, Phillip Henry Busch, now deceased, held a mortgage. Because of a default in certain payments the father started to foreclose the mortgage in the fall of 1930. Thereafter, the appellant conveyed the ranch to his father in payment of the mortgage and in consideration of an additional cash payment. The father later died, leaving a will dated April 21,...
Views: 0
In the daytime, in a residential section, while several children, among them plaintiff, a girl aged seven years, were playing near defendant’s driveway next to her home, defendant backed his Ford car out of his garage, stopped same with front wheels on the sidewalk, alighted and closed the garage doors. He got into the car and drove same a short distance, with the left front wheel on the sidewalk...
Views: 8
Plaintiff sued on a common count for the reasonable value of legal services. The cause was tried before a jury and plaintiff had a verdict for $50,400. The defendants’ motion for a new trial was denied and they present this appeal from the judgment under the alternative method. The defendants were attorneys under a written contract for a group of land owners known as the Herminghaus heirs in litig...
Views: 0
From the “findings of fact” made pursuant to the trial of the action, it appears that plaintiff, who was of the age of eighty-six years, although not a dealer in violins, had been a collector of rare violins for many years; “that defendant was a violinist of great prominence, internationally known, and himself the owner and collector of rare and old violins made by the old masters”; that at the su...
Views: 5
This appeal is by defendant from an order granting plaintiff’s motion for a new trial.
Plaintiff, a minor, by her guardian
ad litem
brought this action for damages for injuries alleged to have been suffered on the day of her birth, through the negligence of a nurse employed by defendant which maintained the hospital where plaintiff and her mother were patients.
The answer, ...
Views: 16
The action which gives rise to this appeal is one wherein plaintiff sought a judgment against defendant for damages alleged to have been suffered by her as a result of losses she sustained in an exchange of properties, which exchange she asserts she was induced to make through the fraud and deceit of defendant’s employees and agents. The complaint sets forth with considerable detail the acts an...
Views: 7
In this proceeding for a writ of prohibition five persons, who are named as defendants in a suit for libel, seek to preclude the Superior Court of Sonoma County from trying and determining the case until the plaintiffs have first filed therein an adequate bond for costs as required by statute. The petition alleges that ten former employees of the Shell Oil Company, who were recently discharged ...
Views: 12
This is a motion on the part of the respondents herein to quash an alternative writ of prohibition which was previously issued by this court to restrain the Superior Court of Shasta County from proceeding to try an *362 ejectment suit which is pending in that court wherein Bank of America National Trust and Savings Association is plaintiff, and Louis P. Joerger and wife and Elmer H. Joerger and...
Views: 1
Plaintiff California Bank recovered judgment against defendant and appellant upon the following agreement: “Los Angeles, California, February 7th, 1931. CALIFORNIA BANK: IN CONSIDERATION of your forbearing to take any further action until February 25th, 1931 to realize upon the judgment heretofore entered in the case of California Bank vs. S. A. Kenoyer, which was entered on January 10th, 1931 in...
Views: 1
2 Cal. App. 2d 370 (1934)
THE PEOPLE, Respondent,
v.
R. W. STEELE, Appellant.
Crim. No. 301.
California Court of Appeals. Fourth Appellate District.
November 21, 1934.
Robert H. Patton for Appellant. *371
U.S. Webb, Attorney-General, and Warner I. Praul, Deputy Attorney-General, for Respondent.
Barnard, P. J.
The appellant was charged with grand theft and with a violation of the Corporate ...
Views: 0
From a judgment rendered in pursuance of her conviction of the crime of murder in the first degree, *377 with the penalty therefor fixed at life imprisonment in the state prison, as well as from an order by which her motion for a new trial was denied, defendant has appealed to this court. Briefly, the incriminatory evidence adduced on the trial of the action included a showing that, under the...
Views: 11
Plaintiff’s son, Albino Mióla, was killed in an automobile collision involving a truck driven by him and a sedan operated by defendant. From judgment for plaintiff for damages for her son’s death, based upon the verdict of a jury, defendant -appeals on the sole ground "that deceased was guilty of contributory negligence as a matter of law. Immediately- prior to the accident, while it was daylight,...
Views: 0
In June, 1928, plaintiff filed his action against defendants to quiet title to mining claims. *385 The complaint is in the form usually found in such actions and, among other things, alleges “That the defendants, and each of them, claim some interest in and to said property adverse to this plaintiff.” The answer, filed in April, 1929, consisted solely of the following denial: “Deny each and eve...
Views: 2
Plaintiff sued the state for taxes paid under protest for the taxable year 1930-1931, and the defendant had judgment. For many years prior to 1930 the plaintiff had operated a sight-seeing railroad carrying tourists to Mt. Tamalpais and to Muir Woods. On December 6, 1917, the railroad commission authorized plaintiff to discontinue its operations each year during the months of November, December, J...
Views: 0
The appellant was injured in a collision between an automobile driven by him and a combination track and trailer owned by the respondent Alameda Oil Company and driven by the respondent Bunch, which occurred about 11 o’clock on the night of January 14, 1933. The respondent Bunch was driving the truck easterly on Foothill Boulevard, a state highway, which is divided and clearly marked into three t...
Views: 4
The respondents have moved to dismiss this appeal on the ground that the notice to the clerk to cause a transcript on appeal to be prepared and filed was not given or filed within ten days after the denial of a motion ’for a new trial, as required by section 953a of the Code of Civil Procedure. It appears that notice of entry of judgment was served and filed on May 9, 1934, that a notice of int...
Views: 0
Defendant appeals from a judgment rendered against it for $6,000 for injuries alleged to have been suffered by plaintiff, a ten year old child, who on the twenty-sixth day of April, 1930, was injured while playing on the school grounds of the Hoover Street school, where she attended as a pupil. The complaint alleges as the proximate cause of her injuries, the negligence of the Los Angeles City Boa...
Views: 0
From the record herein it appears that an action was brought by plaintiff against defendant to recover judgment against the latter on account of his indorsement of a promissory note that was secured by a deed of trust. The complaint contained no allegation with respect to the presentment of the note on its maturity to the makers thereof, nor any demand from them that they pay the amount due on sai...
Views: 0
This is a proceeding in
mandamus
to compel the respondent, superior court to set a divorce case for trial. In September, 1932, one Lucy Bays filed an action for divorce on the ground of extreme cruelty. Defendant therein answered joining issues on the complaint, and as part thereof added his cross-complaint seeking divorce on the same ground. No answer has been filed to the cross-com...
Views: 10
The plaintiffs had judgment against the defendant for and on account of alleged fraudulent representations concerning certain mining property situate in the county of Tuolumne. From this judgment the defendant appeals. The complaint alleges that the defendant at the time of the commencement of the action was and • for many years previously had been the owner of certain mining property consistin...
Views: 0
This is an appeal by defendant from a judgment entered against him and in favor of plaintiff, for damages sustained by plaintiff in the loss of his truck and its cargo. The accident occurred about three miles north of the city of Merced on the Golden State highway, about 7 o’clock on an October evening in 1932. At the time both plaintiff and defendant were proceeding northerly, defendant drivin...
Views: 8
In this action for divorce the trial court granted the motions of plaintiff for maintenance, counsel fees and court costs. From these orders defendant appeals, claiming that the relationship of husband and wife had terminated prior to the filing of the complaint and the mairing of the orders here complained of, by virtue of a decree of *429 divorce granted defendant in the state of Chihuahua, i...
Views: 19
Page 1444
The defendants have appealed from a judgment which was rendered against them in a suit in ejectment. The cause was tried on a written stipulation of facts. This suit involves the. right of possession to block 91 of the city ■ of Crescent City. Both parties claim that right, based upon a common source of title from the heirs of George M. Keller, deceased. The plaintiff holds a quitclaim deed from a...
Views: 0
Plaintiff recovered judgment against defendant for damages resulting from a collision between a loaded gasoline truck and trailer, driven by Jessie W. Nicholson, an employee of plaintiff, and an automobile driven by defendant. The sole question to be decided here is whether a prior judgment in favor of the plaintiffs in an action brought by Emil Stoffel and Carnation Stoffel against Jessie W. ...
Views: 2
Appellant was charged with the crime of murder as the result of an alleged criminal operation performed upon the person of one Louise Swartz. He was convicted of murder in the second degree. From the final judgment of conviction and from an order denying his motion for a new trial defendant appeals. Several grounds are urged for a reversal. It is first claimed that the evidence is insufficient ...
Views: 2
Respondent sued appellant in the Municipal Court of the City of Los Angeles in case numbered 334809 of the files of that court for the recovery of $525, alleged balance unpaid on an employment agency contract. Appellant answered denying any indebtedness and pleaded illegality of the contract sued upon, and then commenced an action in the superior court against respondent to recover the sum of $...
Views: 4
The respondent brought this action to collect the unpaid portions of three promissory notes, the face amounts of which were $5,500, $900 and $475, respectively. The first of these, dated December 22, 1931, was signed by the appellant and her husband and by her son and his wife. It appears that this note was given and accepted by the respondent as a renewal of three prior notes which had been sign...
Views: 2
This is an appeal by plaintiff from an adverse judgment in an action against respondent insurance carrier on a policy of automobile liability insurance. Respondent had issued its policy to Pacific Motor Company, indemnifying it against damages inflicted by it by reason of the operation of motor vehicles. Appellant brought suit and recovered judgment against Pacific Motor Company, for damages fo...
Views: 7
Defendant was charged in count I of an amended information with violation of State Narcotic and Drug Act, a felony, and with having theretofore suffered three prior convictions of felony and terms of imprisonment therefor in penal institutions. Defendant pleaded guilty to violation of State Narcotic and Drug Act, denied the first and second alleged prior convictions and admitted the third prior c...
Views: 16
October 3, 1929, petitioner Hollywood Cleaning & Pressing Company (hereinafter called cleaning company) recovered a judgment in the Superior
*470
Court in and for Los Angeles County against respondent Hollywood Laundry Service, Incorporated (hereinafter called laundry company) for the sum of $43,865 as damages for the alleged breach of a contract made and entered into by said corpo...
Views: 2
Under the provisions of section 629 of the Code of Civil Procedure, when a motion for judgment notwithstanding the verdict is made in the alternative—reserving the right to move for a new trial in case it is denied—the subsequent granting of a motion for a new trial cannot affect the right of appeal, given specifically by subdivision 2 of section 963 of the Code of Civil Procedure. We have such...
Views: 6
By this action for alleged unlawful detainer plaintiffs seek to recover possession of certain real property described in the pleadings, together with asserted unpaid accrued rental. The complaint alleges ownership of the property by thq plaintiffs, the execution of a lease thereon with certain defendants, default in the payment of rent, the giving of the twenty-day notice required by the lease, t...
Views: 0
An action was brought in the Superior Court of the State of California in and for the County of Alameda wherein E. F. Kraemer was plaintiff and Joseph Coward, Elizabeth Coward, his wife, and Mrs. L. M. Moore were defendants, the purpose of said action being to recover possession of certain premises in Oakland under the provisions of section 1161a of the Code of Civil Procedure. Judgment was had...
Views: 2
The plaintiff has appealed from a judgment rendered against him in accordance with the verdict
*517
of a jury which was returned in a suit for damages for the death of Joseph Dempsey as the result of alleged negligence on the part of the defendant in maintaining a defective telephone pole which broke and killed Mr. Dempsey when his automobile backed across a street and ran into the...
Views: 9
The facts in the above-entitled cause are that a few days prior to the twenty-fourth day of August, 1928, the Standard Oil Company of California was maintaining and operating a service station in the city and county of San Francisco, at Fourth Avenue and California Street. The said Standard Oil Company had been maintaining said station for many years and had had various equipment at said statio...
Views: 2
Plaintiff was struck and injured by an automobile operated by the defendants. The injury occurred while she was crossing New Montgomery Street near its intersection with Mission -Street in San Francisco. According to her testimony she was proceeding east following the pedestrian lane toward the southeast corner of the intersection. When she reached a point about a third of the way across an aut...
Views: 10
Plaintiff sought to collect unpaid rent, basing his claim on an alleged written agreement to lease signed by the defendant. Judgment went for defendant on the grounds that the agreement was obtained through misrepresentation and fraud. Defendant was given notice to vacate premises occupied by him .as a fruit and vegetable market, and in August, 1933, he discussed the leasing of plaintiff’s premise...
Views: 3
Petitioners herein brought an action entitled Haug v. Carrie A. Fairbanks (L. A. Co. 342853) asking that a deed by them to said defendant, which was absolute in form, be declared by the trial court to be a conveyance transferring title to the property therein described to defendant in trust for plaintiffs. Defendant answered praying that the deed be held absolute and for general relief. Judgm...
Views: 0
The defendants were jointly charged under the provisions of section 211 of the Penal Code with the crime of robbery committed by feloniously taking an automobile from the possession of the owner thereof by the exercise of force. In the same information O’Neal was charged with three prior convictions of other felonies. Each defendant pleaded not guilty of the present charge of robbery. O’Neal admi...
Views: 15
This is an action upon a contract for the sale by plaintiff to defendant of one thousand tons of foul seed. Judgment was rendered for plaintiff. Thereupon defendant moved for a new trial and same being denied it prosecutes this appeal.
Two contracts for foul seed were produced at the trial of this action. One of them was dated April 5, 1930. This sale was confirmed by a man named King, of ...
Views: 8
An action to cancel a deed and to quiet plaintiff’s alleged title to a certain lot in Los Angeles County or, in lieu thereof, to recover the value of the property. Defendant J. Hartley Taylor by his cross-complaint also sought to quiet his alleged title thereto against plaintiff. The plaintiff on May 9, 1930, was the owner of the lot. On or about that date one Simmons, who is a nephew of said...
Views: 1
The defendant was convicted upon an indictment charging the offense of subornation of perjury. He has appealed from the judgment and from the order denying his motion for a new trial. In the course of a previous trial of this defendant on a charge of murder occurring during the performance of an abortion, this defendant produced as a witness Mrs. May Perati, who testified that a short time befo...
Views: 0
Arrowhead Highlands Company, one of the defendants, appeals from an order granting plaintiff a new trial. At the close of plaintiff’s case, on June 9, 1931, the court made and entered an order granting a nonsuit in favor of said defendant. The trial proceeded as to the other defendant and on August 29, 1931, findings and judgment were signed and filed, awarding costs to the defendants. In the mean...
Views: 0
Page 1466
Petitioner was legally confined to the county jail unless personal service of process from the railroad commission had not been made. The facts' are as follows: Petitioner, an active business man, had been in litigation before the commission theretofore and had had legal papers from the commission served upon him which were of similar appearance to the process in this proceeding. The process se...
Views: 7
This is an action in interpleader begun by the plaintiff to determine who is entitled to the proceeds of a life insurance policy issued by the plaintiff upon the life of James R. L. Quinn, now deceased. The decedent and the appellant were married in 1912. The policy in question, dated July 2, 1914, named the appellant as sole beneficiary and contained a provision to the effect that the beneficiar...
Views: 1
An action to recover damages for personal injuries. Plaintiff alleged that she was assaulted and beaten by individuals in the employ of defendant Whittel, who was present and maliciously incited and abetted the acts complained of. A jury returned a verdict in plaintiff’s favor for $5,063. Upon a motion for a new trial the judgment was, with plaintiff’s consent, reduced to $3,000, whereupon the mo...
Views: 16
This is an appeal from an order denying a peremptory writ of mandate after a return to an alternative writ of mandate and a hearing upon an order to show cause. The petitioner is an active member of the fire department of the City of Oakland. His petition filed in the Superior Court of Alameda County alleges that he has not been allowed a leave of absence, with full pay, of not less than twenty...
Views: 10
Plaintiff sued for damages for breach of an alleged oral contract. The defendants’ demurrer to the amended complaint was sustained without leave to amend and judgment for them followed. The appeal is on the judgment roll. *596 The amended complaint alleges generally that on April 3, 1928, the defendants persuaded plaintiff to enter into a written contract with Bancitaly Corporation for the pu...
Views: 3
The judgment herein, from which the defendants appeal, was rendered pursuant to findings in favor of the plaintiff upon two counts which are different forms of statement of the same claim. The findings «of fact as made by the court below combine in one statement the court’s answer to the issues tendered by both counts. The court finds that the defendants are and that each of them is indebted to t...
Views: 0
Prom a judgment entered in favor of defendant County of Los Angeles, after an order sustaining a general demurrer to each of two causes of action in the complaint without leave to amend, plaintiff appealed.
The complaint contained four separately stated causes of action, the second and third not being involved in this appeal and no further reference will therefore be made to them. The firs...
Views: 7
On September 13, 1933, respondent Jones applied to the department of charities of Los Angeles County for aid. His application was allowed and aid was granted to him as an “open welfare case” in the form of food, shelter and incidental cash. On November 21, 1933, he was given a work order for five days of six hours a day at forty cents an hour, as a part of his aid, to be paid out of welfare funds...
Views: 0
Defendant was convicted of burglary in the first degree after prior conviction of a felony, to wit, burglary, which defendant had admitted on arraignment. He appeals from the judgment and order denying motion for new trial. After the jury was impaneled the court directed the clerk to read the information, and thereupon the reporter’s transcript shows: “ (Information read and plea stated.) ” App...
Views: 7
One of the defendants in an action which was decided adversely to her seeks by a petition in mandamus to have restored to her bill of exceptions upon appeal matters stricken therefrom by the trial court. Section 652 of the Code of Civil Procedure prescribes the procedure to be taken in such a case. A peremptory writ denied. Grail, J., and Scott, J., pro tern., concurred....
Views: 0
The appellant and one Clifford Anderson were indicted by the grand jury of the county of Mendocino and charged with the crime set forth and specified in section 286 of the Penal Code. The record shows that Clifford Anderson was the actor at the invitation of the defendant Siegel and Siegel was the one acted upon by the defendant Anderson. The record does not show that Anderson has ever been bro...
Views: 11
2 Cal. App. 2d 624 (1934)
THEODORE J. P. MAUS, Respondent,
v.
SCAVENGER PROTECTIVE ASSOCIATION (a Corporation), Appellant.
Civ. No. 9152.
California Court of Appeals. First Appellate District, Division One.
December 6, 1934.
Hadsell, Sweet, Ingalls & Lamb for Appellant.
Edwin T. McMurray for Respondent.
The Court.
An action to recover damages for personal injuries alleged to have been ...
Views: 7
This is an appeal from a judgment for the balance due on a promissory note secured by a deed of trust. The trial court gave judgment in favor of the plaintiff for the balance alleged to be due on the note. and the defendants have appealed. The record discloses that two of the defendants, Jennie Whitmore and Dr. Charles B. Moon, entered into a written contract with the plaintiff on the 21st of O...
Views: 2
Appeal from an order denying plaintiff’s motion for a change of venue from Los Angeles County to the county of Alameda upon the ground of convenience of witnesses. The complaint filed in Alameda County, the residence of plaintiff, states an assumed cause of action for malpractice arising out of the relationship of physician and patient, committed in the city of Huntington Park, Los Angeles County....
Views: 0
Judgment on findings and conclusions was entered in the court below against appellant for $2,134.26 and interest, upon a “broker’s blanket bond” issued by appellant to respondent to indemnify him against any losses suffered through certain prescribed acts of his employees while he was engaged in the brokerage business in Los Angeles. The bond provided indemnity for loss sustained by the insured...
Views: 2
An award for injury received in performance of duties assigned while the applicant was a public beneficiary from relief funds is contended to have insufficient support in the evidence. Many unemployed, including the applicant, having registered with the county of Los Angeles for relief, were issued “work orders” which permitted them to do ordinary work of laborers in the city of Long Beach for ...
Views: 0
Appellant was tried by the judge of the court below without a jury and found guilty on all three counts in an information charging violations of the provisions of section 288 of the Penal Code. A motion for new trial was made upon the grounds: (1) Errors in decision of questions of law arising during the course of trial; (2) that the judgment is contrary to law; and (3) that the judgment is contr...
Views: 7
The plaintiff has appealed from a judgment which was rendered against it in a suit for a deficiency due on the contract price of an automobile, which unpaid balance remained unsatisfied after the car had been repossessed and sold pursuant to the terms of the agreement and the proceeds thereof credited to the purchase price.
An automobile was sold and delivered to the defendant on a conditi...
Views: 4
This is a motion to dismiss an appeal from a judgment and from an order denying motion for new trial. No bill of exceptions or clerk’s or reporter’s transcripts have been filed in this court.
A certificate of the county clerk of Kern County filed in support of the motion discloses the following facts: That *652the action was brought for the recovery of damages suffered in an automobile accident; t...
Views: 0
This is an appeal from an order granting a new trial where the case was tried before a jury as a matter of right. The order specified that the motion was “granted upon the ground of the insufficiency of the evidence to support the verdict”.
Defendants are husband and wife. Plaintiff is the brother of Florence Dresch and brother-in-law of Theodore Dresch. On June 19, 1932, the three were tr...
Views: 1
A Chevrolet automobile owned by 'Juan Gonzales and driven by his brother Basilio Gonzales *659collided with an Oldsmobile automobile driven by the appellant Brown on April 23', 1932, at the intersection of Placentia, Avenue and Center Street near the city of Anaheim. George Coverrubias, a passenger in the Chevrolet, was killed in the collision and Jesus Coverrubias, another passenger, was injured....
Views: 0
Exercising the discretionary power granted hy section 473 of the Code of Civil Procedure and on plaintiff’s motion, the trial court vacated an order dismissing the above-entitled action and restored for further hearing and determination on the merits the motion for dismissal theretofore made by defendant. The order vacating was based upon findings of inadvertence and mistake, and defendant has ap...
Views: 13
Page 1489
Petitioner seeks to be released from the Los Angeles County jail by the writ of habeas corpus claiming that he is illegally imprisoned. Phair was convicted in four counts of a misdemeanor in the superior court and was sentenced to the county jail for the period of two years for each count. The sentence was reversed by this court (People v. Gordon Phair, 137 Cal. App. 612 [31 Pac. (2d) 421...
Views: 7
This action was brought by the plain-. tiff for the purpose of having set aside a certain deed executed by the South Coast Land Company to the plaintiff Thomas F. Waller and the defendant Josephine Waller, his wife, as joint tenants. The plaintiff had judgment, and from this judgment the defendant appeals. The relief granted to the plaintiff appears to have been awarded on the theory that .the dee...
Views: 0
The plaintiff, who operates a tango game played for merchandise which is convertible into cash, has appealed from a judgment which was entered against him for failure to amend his complaint for the recovery of sales tax paid to the state of California under protest, after a demurrer to the pleading had been sustained. The appellant claims that the transactions incident to the game do not constitu...
Views: 9
Plaintiff instituted this action against her husband for the purpose of securing a decree of divorce. In her amended complaint she alleged that certain real property therein described had been conveyed to her and the defendant as joint tenants after their marriage and that certain described personal property was community property. The prayer of the pleading was for a dissolution of the marriage ...
Views: 14
Under the statutory provisions of sections 4458 to 4465, inclusive, of the Political Code, which relate to what may be termed substantive law, as well as procedure, in connection with publications in newspapers required to be given or made respectively by state, county, city or other officers, a newspaper known as “L’ltalo-Americano” petitioned the superior court for its order by which, if granted...
Views: 0
Defendant had an altercation with a Chinaman in a produce market, which culminated when he struck the latter on the head. The Chinaman was taken to the receiving hospital and thence to a private hospital, where he died the following day from basal fracture of the skull. Defendant was convicted of manslaughter. From judgment of conviction and order denying motion for new trial he appeals on the gr...
Views: 4
Defendants were charged with conspiracy to commit robbery, the information setting out nine overt acts prior to the robbery and, as a tenth overt act, the robbe^ itself. Ledbetter was also charged with a prior felony, robbery, conviction of which he admitted. In a previous case defendants had been charged with committing the identical robbery which is alleged as the tenth overt act in the instant...
Views: 17
Plaintiffs, husband and wife, sued for damages resulting from an automobile accident. The *702 jury returned a verdict for William Thomas for $1,041, and a separate verdict for Winifred Thomas for $1500. Separate judgments were thereupon entered for said amounts. Upon filing of cost bill defendants moved to strike it on the ground that each judgment was for less than $2,000. From order denying ...
Views: 2
An appeal by defendants from the judgment entered against them in an action for damages for personal injuries. Plaintiff was injured while riding as a guest in a Ford automobile which was being driven south along Cowper Street in Palo Alto. At the intersection of this street with Coleridge Street a collision occurred with a Cadillac automobile which was being driven westerly along the last-name...
Views: 5
The defendant Jack Frazier, accompanied by the plaintiffs Benedict Ohlson, James B. Mayers and Mrs. Belle Mayers, while driving over the Bolinas Road toward Stinson Beach in Marin County in a sedan automobile owned and driven by Frazier, overtook and attempted to pass a school bus on the approach to a hairpin turn in the road; and about the center of the turn the two vehicles came in contact with...
Views: 9
This is an appeal from a judgment against defendants for the price of certain merchandise sold and delivered to them. The materials were sold prior to the repeal of the eighteenth amendment to the United States Constitution and appellants defended the action on the theory that the contract of sale was illegal. Specifically defendants alleged in their answer that said materials were sold “for the ...
Views: 2
Plaintiffs, heirs at law of James P. Dempsey, brought this action for wrongful death of the latter which occurred when the automobile driven by him collided with a house being moved on the highway by defendants. From judgment of nonsuit plaintiffs have appealed. At 2:30 A. M. on a dark night deceased was driving north on Broadway in Los Angeles County near One Hundred and Twenty-eighth Street. ...
Views: 11
Plaintiff appeals on the judgment roll from judgment for defendant. An accident occurred involving the automobiles of the respective parties. This plaintiff sued defendant in the municipal court for damages to property arising out of the accident, claiming that defendant was negligent. The defense of contributory negligence was interposed. The municipal court found for defendant and judgment was ...
Views: 3
Two indictments were returned against defendant Friedman charging two separate offenses of robbery, and were consolidated for trial. He was convicted by a jury of robbery in the second degree as to each offense. From judgment of conviction and order denying motion for new trial as to each charge said defendant appeals. Each indictment is alleged to be deficient in one respect, although conceded...
Views: 11
This is a proceeding to review the award of the Industrial Accident Commission wherein it is found that the petitioner was not a dependent of David Keeley, deceased, within the meaning of section 14 of the Workmen's Compensation, Insurance and Safety Act of California. The Industrial Accident Commission found that David Keeley was drowned December 17, 1933, while he was engaged in the course of...
Views: 5
The petition for rehearing of this appeal is denied. Complaint is made that this court’s opinion filed in our decision of the case did not discuss appellant’s assignment.of error of the trial court in denying the motion for a new trial, with reference to the proposed testimony of newly discovered witnesses. We think that the testimony in question is in substance only cumulative to that of other wi...
Views: 0
This is an appeal from an order discharging an attachment on portions of three lots title to which stands of record in the name of Rosa Fiorentini, the wife of defendant. The action was brought against the latter to recover rent due and unpaid under a lease. Attachments issued and were levied on the lots mentioned. Previous to the filing of the action said Rosa Fiorentini filed a homestead on t...
Views: 2
The defendant was accused by an information, containing two counts, of the crime of robbery and of the crime of kidnaping for the purpose of robbery. The jury brought in a verdict of guilty of the crime of robbery and a verdict of not guilty as to the crime of kidnaping for the purpose of robbery. This appeal is from the judgment and from the order denying defendant’s motion for new trial. The ...
Views: 0
This is a motion to dismiss an appeal from a judgment and from an order denying a motion for new trial. The facts are identical with those in the case of Ida F. Wadsworth v. Juan Gonzales, bearing our civil number 1554 (ante, p. 651 [38 Pac. (2d) 860], the opinion in which case is this day filed. Upon the authority of that case, and for the reasons there given, the motion to dismiss the appeal, is...
Views: 0
This case, like People v. Garcia, 1 Cal. App. (Supp.) (2d) 761 [32 Pac. (2d) 445, 2 Cal. Supp. 122], and People v. Arthur, 1 Cal. App. (Supp.) (2d) 768 [32 Pac. (2d) 1002, 2 Cal. Supp. 127], recently decided by us, arises under the State Pharmacy Act (Stats. 1905, p. 535), as amended in 1933 (Stats. 1933, p. 2192). The complaint here contains three counts, each charging that *753the defendant perm...
Views: 0
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