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All Reporters → cal-app-lexis → Volume 1936

Opinions in cal-app-lexis Volume 1936

It. appears that petitioner herein having been duly subpoenaed, did on the 16th day of December, 1935, appear as a witness before the grand jury of San Diego County for the year 1935, then in session at the San Diego County courthouse in the city, township, and county of San Diego, and which was then engaged in an investigation to determine whether one Edgar Dudley had feloniously conspired with ...
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The Bank of America commenced an action in unlawful detainer against Lillian Pittler. The complaint was in the ordinary form. She answered the complaint and in her answer she pleaded many denials and set forth certain new matter as an equitable defense. She also commenced an action in specific performance and prayed that a conveyance of the property in controversy be ordered made to her. That com...
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15 Cal. App. 2d 11 (1936) In the Matter of the Estate of THOMAS GRUSSING, Deceased. JOHANNA GRUSSING WILSON et al., Appellants, v. MARY T. GRUSSING, Respondent. Civ. No. 1972. California Court of Appeals. Fourth Appellate District. June 25, 1936. Sharpless Walker for Appellants. William P. Webb for Respondent. Turrentine J., pro tem. Thomas Grussing died testate. His will was duly admitted...
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Plaintiff brought this action against the two defendants to recover for injuries incurred when the automobiles operated by the defendants collided at the intersection of Jones and Sutter Streets in San Francisco, as a result of which the car operated by Mendleson struck plaintiff as she was walking across the intersection. Judgment was had against both defendants, and Mendleson alone has appealed...
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Appeal from a judgment awarding damages in contract to plaintiff. Plaintiff alleged in his complaint that on or about July 1, 1932, he entered into a contract with defendants whereby he was to install at their place of business a department with the necessary machinery for processing nuts and manufacturing peanut butter, and “in addition would purchase pecans in large quantities on the joint ac...
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15 Cal. App. 2d 28 (1936) ROSE SCHICK et al., Executors, etc., Substituted for JOSEPH SCHICK, Appellant, v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES (a Corporation), Respondent. Civ. No. 5525. California Court of Appeals. Third Appellate District. June 26, 1936. Charles I. Rosin for Appellant. Newlin & Ashburn and Paul Sandmeyer for Respondent. *30 Pullen, P. J. In 192...
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15 Cal. App. 2d 36 (1936) FRANK J. MATTHEWS, Appellant, v. SOUTHERN PACIFIC COMPANY (a Corporation), Respondent. Civ. No. 1738. California Court of Appeals. Fourth Appellate District. June 26, 1936. Clifton Hildebrand, Louis E. Goodman and Louis H. Brownstone for Appellant. McFadzean & Crowe and W. H. Stammer for Respondent. Marks, J. Plaintiff brought this action under the provisions ...
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This is an appeal from a judgment awarding plaintiff damages suffered by reason of the death of James M. Long, his minor son. Defendant urges three grounds for a reversal of the judgment: (1) that the evidence shows no negligence on his part; (2) that it shows contributory negligence as a matter of law on the part of James; (3) errors of the trial court in rulings on the admissibility of evidence....
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Plaintiff instituted this action to recover $750, money had and received. Defendant answered, denying the allegations of the complaint. He cross-complained, seeking $1384.50 damages for1 breach of a written contract. The trial court denied judgment to each party and plaintiff has appealed. The findings of fact are supported by competent and material evidence. Therefore, if the findings support the...
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This is a petition for a writ of mandate to compel the respondent clerk to issue an execution. It appears that the petitioners brought an action against five defendants for an accounting and for the recovery of certain trust funds held by said defendants. In the judgment they recovered in that action the court ordered the defendants, and each of them, to deliver to the plaintiffs as agents for ...
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This is an appeal from a judgment after conviction of the crime of murder, and from orders • denying appellant’s motions in arrest of judgment and for a new trial. *61 To the charge of murdering one Louis Mock, appellant interposed his pleas of not guilty and not guilty by reason of insanity. By the verdict of the jury appellant was found guilty of murder in the first degree, with...
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The defendants were charged in an indictment with having feloniously asked and with having agreed to receive and with having received from Roy Weitzel and Gerald Rokes a bribe in the sum of $125 for the purpose of influencing their action in their official capacity as police officers in the city of Los Angeles with relation to the arrest and prosecution of the said Roy Weitzel and Gerald Rokes. Th...
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Plaintiff appeals from a judgment in favor of defendant after the trial court sustained a demurrer without leave to amend to plaintiff’s complaint, which alleged that defendants had libeled plaintiff. The complaint alleged that the defendant Forest Lawn Memorial Park Association, Inc., had caused to be published as an advertisement in various newspapers in Los Angeles County, California, an affida...
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15 Cal. App. 2d 82 (1936) In the Matter of the Application of FREDERICK LEMON for a Writ of Habeas Corpus. Crim. No. 1901. California Court of Appeals. First Appellate District, Division Two. June 29, 1936. Harry A. McKenzie, J. H. Sapiro and Edwin V. McKenzie for Petitioner. Matthew Brady, District Attorney, and Leslie C. Gillen, Assistant District Attorney, for Respondent. Spence, J. Pet...
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15 Cal. App. 2d 93 (1936) In the Matter of the Application of THOMAS HOERTKORN, for a Writ of Habeas Corpus. Crim. No. 1900. California Court of Appeals. First Appellate District, Division Two. June 29, 1936. Harry A. McKenzie, J. H. Sapiro and Edwin V. McKenzie or Petitioner. Matthew Brady, District Attorney, and Leslie C. Gillen, Assistant District Attorney, for Respondent. Spence, J. Th...
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Plaintiff appeals from a judgment of dismissal entered upon the court’s sustaining without leave to amend a general demurrer to his complaint. The sole question involved in this appeal is whether section 2924% of the Civil Code, enacted in 1933, which section precludes the entry of a deficiency judgment unless one year, as distinguished from the former period of three months, has elapsed betwee...
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This is an appeal from a judgment against the defendant on a so-called subscription agreement, herein sometimes called exhibit 1, which was signed by certain stockholders of the German American Savings Bank of Los Angeles and by which they agreed to pay to the Los Angeles Clearing House Association the sums set opposite their respective names upon terms therein set out. The plaintiff sued as assig...
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This is an action for damages for injuries suffered by the minor plaintiff while riding on a bus owned by the defendant school district and driven by the defendant DeVelbiss. The accident happened while the bus was meeting a truck owned and operated by the other individual defendants. A jury found in favor of the plaintiffs and against both sets of defendants. From the judgment which followed the ...
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15 Cal.App.2d 107 (1936) ED TAKAHASHI, Appellant, v. WHITE TRUCK AND TRANSFER COMPANY (a Corporation), Respondent. Civ. No. 10581. California Court of Appeals. Second Appellate District, Division One. June 30, 1936. J. R. Girling, Mathes & Sheppard and Robert A. Cushman for Appellants. Finlayson, Bennett & Morrow, Henry L. Knoop, John C. Morrow and Karl L. Davis for Respondent. Shinn J., pr...
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Plaintiffs are the widow and children of George Edward Bamber, deceased, who was killed in an accident out of which this action arises. On February 2, 1935, at about 7:30 P. M., defendant was driving an automobile at a speed of approximately 40 miles per hour north on Cherry Avenue at the point of its intersection with 65th Street in the city of Long Beach. At the time defendant crossed the int...
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15 Cal. App. 2d 115 (1936) F. J. KLINDERA, Respondent, v. GEORGINA SMITH, as Administratrix, etc., Defendant; BARBARA MIKUSKA, Appellant. Civ. No. 10691. California Court of Appeals. Second Appellate District, Division One. June 30, 1936. John F. Balaam and W. Reginald Jones for Appellant. George DeLany Blair for Respondent. Shinn, J., pro tem. Action to recover money by one claiming to be...
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15 Cal. App. 2d 120 (1936) THE PEOPLE, Respondent, v. HAZEL GLAB, Appellant. Crim. No. 2875. California Court of Appeals. Second Appellate District, Division Two. June 30, 1936. S. S. Hahn and W. O. Graf for Appellant. U.S. Webb, Attorney-General, and Eugene M. Elson, Deputy Attorney-General, for Respondent. Gould, J., pro tem. Fatally wounded by a bullet which coursed through his right ch...
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Defendants were charged in the first count of the information with the crime of burglary and in the second count with the crime of murder. They were convicted of both crimes and prosecute this appeal from the judgments pronounced against them and the order denying a new trial. The contention is presented that the evidence is insufficient to justify the convictions. Early in the morning of November...
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Plaintiff: appeals from a judgment of non-suit entered upon the ground that his evidence made out a case of contributory negligence as a matter of law. The cause was tried before a jury, and the motion was granted at the close of plaintiff’s ease. The facts are fairly stated in appellant’s opening brief as follows: “Fruitvale Avenue, a two way street about forty-five feet wide, in Oakland, runs...
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The defendant was convicted of robbery of the first degree. He took an appeal from the judgment of conviction and the transcript was filed in this court on April 7, 1936. The cause was placed upon the calendar for oral argument on May 11, 1936. Appellant had failed to file a brief and there was no appearance made on his behalf at the time set for oral argument. At the suggestion of the attorney-ge...
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15 Cal. App. 2d 136 (1936) THE PEOPLE, Appellant, v. RUTH McCORD, Respondent. Crim. No. 1891. California Court of Appeals. First Appellate District, Division Two. July 2, 1936. U.S. Webb, Attorney-General, Seibert L. Sefton, Deputy Attorney-General, Francis P. Healy, District Attorney, and Rex L. Boyer and Harold Jacoby, Deputy District Attorneys, for Appellant. Thomas M. Carlson, Robert Col...
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15 Cal. App. 2d 141 (1936) B. B. KRASNOW, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY et al., Respondents. Civ. No. 5666. California Court of Appeals. Third Appellate District. July 2, 1936. Levinsky & Jones and James C. Nichols for Petitioner. Thomas B. Leeper for Respondents. The Court. This cause was originally before us upon the application of the above named petitioner ...
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15 Cal. App. 2d 144 (1936) JOHN D. CORNELL, Appellant, v. CHARLES H. HARRIS et al., Respondents. Civ. No. 1960. California Court of Appeals. Fourth Appellate District. July 2, 1936. Charles B. DeLong, Claude L. Chambers and Hugh Sanders for Appellant. Thomas Whelan, District Attorney, Frank T. Dunn, Assistant District Attorney, and Carroll H. Smith, Deputy District Attorney, for Respondents....
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The appellant insurance company issued a policy of accident insurance to John J. Whelan calling for the payment of the principal sum of $5,000 in the event his death was 11 caused directly and independently of all other causes by violent and accidental means”, and double the principal sum if death was caused by injury received “while riding as a passenger in a regular passenger elevator ear”. T...
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15 Cal. App. 2d 163 (1936) BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION ( a National Banking Association), Respondent, v. JAMES N. CASADY et al., Appellants. Civ. No. 10610. California Court of Appeals. Second Appellate District, Division One. July 6, 1936. Wier Casady for Appellants. Edmund Nelson, John E. Walter and Freston & Files for Respondent. Roth, J., pro tem. This is...
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15 Cal. App. 2d 172 (1936) THE PEOPLE, Respondent, v. JOHN HENRY WILSON, Appellant. Crim. No. 2822. California Court of Appeals. Second Appellate District, Division One. July 6, 1936. Henry E. Carter and Joseph T. Raycraft for Appellant. U.S. Webb, Attorney-General, and R. S. McLaughlin, Deputy Attorney-General, for Respondent. York, J. Appellant was charged with the crime of murder by inf...
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15 Cal. App. 2d 180 (1936) THE PEOPLE, Respondent, v. A. J. ROSSI, Appellant. Crim. No. 1498. California Court of Appeals. Third Appellate District. July 6, 1936. Chris D. Johnson and O. F. Meldon for Appellant. U.S. Webb, Attorney-General, and Wilmer W. Morse, Deputy Attorney-General, for Respondent. The Court. Appellant was charged in an information with the crime of buying or receiving ...
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15 Cal. App. 2d 196 (1936) HARRY PEAL, Respondent, v. GULF RED CEDAR COMPANY OF CALIFORNIA, INC. (a Corporation), Appellant. Civ. No. 5534. California Court of Appeals. Third Appellate District. July 6, 1936. Hubert H. Briggs and Frederick L. Felton for Appellant. Levinsky & Jones and James C. Nichols for Respondent. Steel, J., pro tem. Plaintiff and respondent herein brought this acti...
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On December 8, 1933, respondent filed his complaint in the Superior Court of the County of Los Angeles, praying for a divorce from his wife, the appellant here. Appellant subsequently filed a cross-complaint, and upon the trial of the action, December 21, 1933, was *201granted an interlocutory decree of divorce. No opposition was offered by the respondent. On April 13, 1934, appellant moved the co...
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15 Cal. App. 2d 202 (1936) In the Matter of the Estate of WILLIAM FOREST FULTON, Deceased. LOUISA J. FULTON, Petitioner and Appellant; S. G. FULTON, Executor and Respondent. Civ. No. 5627. California Court of Appeals. Third Appellate District. July 6, 1936. R. V. Wilcox and Dennett & Zion for Appellant. W. Coburn Cook for Respondent. *203 Pullen, P. J. This is a controversy involving t...
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15 Cal. App. 2d 211 (1936) ROY S. YOUNGLOVE et al., Respondents, v. NICHOLAS W. HACKER et al., Appellants. Civ. No. 5632. California Court of Appeals. Third Appellate District. July 6, 1936. Stuart H. Hacker for Appellants. Merriam, Rinehart & Merriam for Respondents. Plummer, J. This action was begun by the plaintiffs to obtain rescission of a certain contract set forth in the complaint f...
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15 Cal. App. 2d 218 (1936) F. C. DARBY, Respondent, v. BIGGS SCHOOL DISTRICT OF BUTTE COUNTY et al., Appellants. Civ. No. 5582. California Court of Appeals. Third Appellate District. July 6, 1936. J. R. King, Jr., Arthur B. Eddy and Elmer W. Armfield for Appellants. J. M. McPherson and Charles H. Andrews for Respondent. Plummer, J. The appellants, S. M. Persons, N.E. Askew and C. H. Johnso...
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15 Cal.App.2d 224 (1936) AILEEN MARTS, Respondent, v. JOHN W. MARTS, Jr., Appellant. Civ. No. 1914. California Court of Appeals. Fourth Appellate District. July 6, 1936. Loucks & Phister for Appellant. Wilbert C. Hamilton for Respondent. Turrentine, J., pro tem. Plaintiff and defendant had two minor children, and in 1929, while the parties and their children were residents of and actually ...
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After the judgment against it in Security Investment Co. v. Bieg-Hoffine Co., Civil No. 1911, ante, p. 225 [59 Pac. (2d) 584], plaintiff brought this action to recover on a promissory note of $32,000 due and unpaid from defendant to plaintiff and for equitable relief. In addition thereto plaintiff sued on the notes litigated in the case of Security Investment Co. v. Bieg-Hoffine Co., Civil No. 191...
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An action was filed by Mary Marcus against her son Louis Marcus, defendant and appellant herein, to rescind for lack of consideration a conveyance by. her to appellant of an undivided one-half interest in a particular piece of real property, and to quiet her title thereto. During the pendency of this action Mary Marcus died, and Russell D. Hardy, as special administrator of her estate, was substit...
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15 Cal.App.2d 246 (1936) CHARLES RICHARD DOWNING, an Infant, etc., Respondent, v. SOUTHERN PACIFIC COMPANY (a Corporation), Appellant. Civ. No. 5490. California Court of Appeals. Third Appellate District. July 7, 1936. George R. Freeman and W. D. Tillotson for Appellant. Carter & Barrett and Swaffield & Swaffield for Respondent. Pullen, P. J. This is an appeal from a judgment and order awa...
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The defendant appeals from an order imposing sentences and judgments entered in a jury-waived case, in which she was found guilty on two counts the first charging attempted murder; • the second, the crime of administering poison to a human being with intent to kill, as defined in section 216 of the Penal Code. The trial judge imposed sentence at Tehachapi Women’s Division of San Quentin State P...
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15 Cal. App. 2d 259 (1936) IDA G. LUFKIN, Respondent, v. PATTEN-BLINN LUMBER COMPANY (a Corporation), Appellant. Civ. No. 10557. California Court of Appeals. Second Appellate District, Division One. July 8, 1936. Dana R. Weller for Appellant. Martin Forrest for Respondent. *260 White, J., pro tem. This is an action for damages brought by Ida G. Lufkin against Patten-Blinn Lumber Co., a cor...
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15 Cal. App. 2d 263 (1936) JOHN RAYMOND MEDBERRY, a Minor, etc., et al., Appellants, v. JOHN OLCOVICH et al., Respondents. Civ. No. 10408. California Court of Appeals. Second Appellate District, Division One. July 8, 1936. C. H. Hartke and Freeman R. Brant for Appellants. George Appell for Respondents. White, J., pro tem. This appeal is prosecuted from a judgment entered against plaintiffs...
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15 Cal. App. 2d 272 (1936) In the Matter of the Estate of GEORGE H. ALLAN, Deceased. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION et al., Appellants, v. MAUD MARIE ALLAN, Respondent. Civ. No. 10741. California Court of Appeals. Second Appellate District, Division One. July 8, 1936. W. H. Douglass, Freston & Files and Ralph E. Lewis for Appellants. LeCompte Davis, Alfred F. MacD...
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This is an application for a writ of mandate by the petitioners against the Superior Court of Los Angeles County upon the ground that the respondent in a certain action pending therein entitled Glenn Winslow et al., Plaintiffs, v. Harold G. Ferguson Corporation et al., De *280 fendmts, numbered 315558, denied a motion of the petitioner Bank of America to di...
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This is an application for a writ of prohibition to restrain the respondent court from enforcing its order authorizing an inspection and survey of an oil well owned and operated by petitioner. An examination of the record before us discloses that the trial court had jurisdiction to authorize and require the survey of petitioner’s oil well. (Union Oil Co. of California v. Reconstruction Oil Co et a...
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15 Cal. App. 2d 282 (1936) CARRIE FRANCIS et al., Appellants, v. F. O. RIDDLE et al., Respondents. Civ. No. 1757. California Court of Appeals. Fourth Appellate District. July 8, 1936. Farnsworth, Burke & Maddox and James K. Abercrombie for Appellants. McFadzean & Crowe for Respondents. Barnard, P. J. This is an action for damages arising out of a collision between a pedestrian and ...
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In this action for damages for personal injuries judgment was entered on November 23, 1934, based upon the verdict of a jury. A motion for a new trial was argued on January 14, 1935, on two grounds, namely, that the evidence was insufficient to justify the verdict and that the verdict is against law. On January 22, 1935, the motion for a new trial was granted and the deputy clerk was ordered to en...
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15 Cal. App. 2d 293 (1936) HOTEL PARK CENTRAL, INC. (a Corporation), Appellant, v. SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, as Executor, etc., Respondent. Civ. No. 10732. California Court of Appeals. Second Appellate District, Division One. July 9, 1936. Samuel S. Gelberg and Thorwald Siegfried for Appellant. Flint & MacKay, Wesley L. Nutten, Jr., and Edward L. Compton for Respondent...
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A claim of appellant, Hotel Park Central, Inc., against the estate of Motley H. Flint, deceased, for $4,650.03, for rent of an apartment, was allowed by respondent, Security-First National Bank of Los Angeles, executor, on September 24, 1930, and approved by the court commissioner. On December 17, 1930, respondent was advised that the estate was not liable for the entire claim and upon affidavit t...
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15 Cal. App. 2d 302 (1936) SECURITY-FIRST NATIONAL BANK OF LOS ANGELES (a National Banking Association), Respondent, v. EDUARDO DE LA CUESTA, Appellant. Civ. No. 10546. California Court of Appeals. Second Appellate District, Division One. July 9, 1936. Henry G. Bodkin for Appellant. Heaney, Price, Postel & Parma for Respondent. Shinn, J., pro tem. Appeal from a judgment for the recover...
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15 Cal. App. 2d 307 (1936) EMILIA J. BARNHARDT, Respondent, v. C. T. GRAY et al., Appellants. Civ. No. 5560. California Court of Appeals. Third Appellate District. July 9, 1936. M. C. Kerr and A. M. Mull, Jr., for Appellants. A. B. Reynolds and S. H. Jones for Respondent. Plummer, J. This cause is before us upon an appeal by the respondents from a judgment of the Superior Court of the Stat...
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15 Cal. App. 2d 316 (1936) CHAS. R. PENNINGTON, Petitioner, v. WILLIAM G. BONELLI, as Director of the Department of Professional and Vocational Standards, etc., Respondent. Civ. No. 5600. California Court of Appeals. Third Appellate District. July 9, 1936. H. Boyarsky and Emile Grossman for Petitioner. U.S. Webb, Attorney-General, and Lionel Browne, Deputy Attorney-General, for Respondent. ...
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15 Cal. App. 2d 322 (1936) In the Matter of the Estate of FRANK SMETHURST, Deceased. RAYMOND M. SMETHURST et al., Appellants, v. CHARLES W. SMETHURST et al., Respondents. Civ. No. 5626. California Court of Appeals. Third Appellate District. July 9, 1936. M. B. Moore and Ivan Sperbeck for Appellants. Richard Belcher and Homer Lingenfelter for Respondents. The Court. An order was made admitt...
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15 Cal. App. 2d 336 (1936) THE PEOPLE, Respondent, v. CHARLES P. TEMPLE et al., Appellants. Crim. No. 2838. California Court of Appeals. Second Appellate District, Division One. July 10, 1936. Paul Tapley and S. Ward Sullivan for Appellants. U.S. Webb, Attorney-General, and John O. Palstine, Deputy Attorney-General, for Respondent. Shinn, J., pro tem. Defendants Charles P. Temple and Fred ...
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15 Cal. App. 2d 340 (1936) BERNICE HAMILTON, Respondent, v. UNION PUBLIC MARKET et al., Defendants; GORE BROTHERS, INC., et al., Appellants. Civ. No. 10627. California Court of Appeals. Second Appellate District, Division One. July 10, 1936. J. M. Clements and James V. Brewer for Appellants. Maynard Garrison for Respondent. Shinn, J., pro tem. Plaintiff, while in a public market to make a ...
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Plaintiff leased certain premises in the city of Vernon to defendant for a term of ten years from December 11, 1926, for the purpose of excavating sand and gravel. Defendant agreed to pay a stated price per cubic yard with a minimum fixed for each calendar year. The following provisions appear in the lease: “It is understood that the above royalty shall be net to Lessor, and without the deduction...
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Plaintiff sought to recover from defendant $1428.57 paid by her as part of the purchase price of a large tract of land in Los Angeles County. Her original subscription to a fund used in this purchase was $1,000. She paid $428.57 in assessments. The action is grounded solely on the failure of defendant to secure from the corpo *352 ration commissioner of California a permit to issue securities. ...
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15 Cal.App.2d 356 (1936) H. B. RASMUSSEN, Respondent, v. FRESNO TRACTION COMPANY (a Corporation) et al., Appellants. Civ. No. 1745. California Court of Appeals. Fourth Appellate District. July 10, 1936. W. H. Stammer, Galen McKnight, Everts, Ewing, Wild & Everts, A. W. Carlson and Richard H. Reeve for Appellants. David E. Peckinpah and Harold M. Child for Respondent. Barnard, P. J. The...
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The appellant was convicted of a violation of section 288 of the Penal Code of the state of California. The pertinent facts are as follows: On the evening of December 26, 1935, while appellant was escorting two children, Ida Nancy Dunning, age eight years, and George Dunning, age three and one-half years, from his home in Tuba City to the home of their parents in the same city, he entered the Chri...
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Appellants were charged by an amended information, containing thirteen counts. Count I charged a violation of section 209 of the Penal Code, to wit, kidnaping for the purpose of robbery; count II, the crime of kidnaping, a felony; counts III, IV, V, VI and VII, the crimes of rape, felonies; counts VIII, IX, X, XI and XII, violations of section 288a of the Penal Code; and count XIII, the crime o...
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15 Cal. App. 2d 423 (1936) ELOISE ALMANERZ et al., Appellants, v. SAN DIEGO ELECTRIC RAILWAY COMPANY (a Corporation) et al., Respondents. Civ. No. 1183. California Court of Appeals. Fourth Appellate District. July 13, 1936. Clifford C. Pease for Appellants. Morrison, Hohfeld, Foerster, Shuman & Clark and V. F. Bennett for Respondents. Barnard, P. J. This is an action for damages for pe...
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15 Cal.App.2d 427 (1936) OLIVE MILLER, Plaintiff and Appellant, v. EMMA ROACH et al., Defendants; HARRY F. WEBER, Jr., et al., Defendants and Appellants. Civ. No. 1916. California Court of Appeals. Fourth Appellate District. July 13, 1936. C. A. Ballreich for Plaintiff and Appellant. Martin Gang for Defendants and Appellants. Turrentine, J., pro tem. Emma Roach executed a note secured by m...
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Plaintiff brought this action seeking to recover damages for the cancellation of .a policy of life insurance, the cancellation and the surrender of which policy was alleged to have been procured by fraud on the part of defendants. Upon a trial by jury, plaintiff had judgment and from said judgment defendants appeal. In presenting this appeal, appellants have listed several headings in their bri...
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In these two proceedings (consolidated by stipulation) petitioners sought writs of mandate to compel respondent as City Clerk of the City of Alameda to certify as sufficient two petitions for the recall of Charles W. Broyles and Bruce A. Munro, city couneilmen of said city. On the return of the alternative writs yesterday, peremptory writs of mandate were granted as prayed. We here set forth brief...
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15 Cal. App. 2d 440 (1936) EDGAR C. ROWE et al., Respondents, v. W. Y. STODDARD et al., Defendants; FRED E. BARNETT et al., Appellants. Civ. No. 5593. California Court of Appeals. Third Appellate District. July 14, 1936. Glensor, Clewe, Schofield & Van Dine and M. C. Kerr for Appellants. Young & McMillan for Respondents. Thompson, J. This is an appeal from an order denying a motion...
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15 Cal. App. 2d 443 (1936) In the Matter of the Application of JAMES MIRANDO for a Writ of Habeas Corpus. Crim. No. 1514. California Court of Appeals. Third Appellate District. July 14, 1936. Thomas E. Reynolds for Petitioner. Philip B. Lynch, District Attorney, and K. I. Jones, Deputy District Attorney, for Respondent. Thompson, J. On habeas corpus the petitioner asserts that he is illega...
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15 Cal. App. 2d 446 (1936) HARRIET KIRKPATRICK, Respondent, v. N. P. DAMIANAKES et al., Appellants. Civ. No. 10091. California Court of Appeals. First Appellate District, Division Two. July 15, 1936. James H. Phillips and Cooley, Crowley & Supple for Appellants. Jerome Politzer, George A. Connolly, James J. Harrington and C. D. McFarland for Respondent. Spence, J. This is an appeal by ...
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15 Cal. App. 2d 452 (1936) I. S. CHAPMAN & COMPANY (a Corporation), Appellant, v. HOWARD E. ULERY et al., Respondents. Civ. No. 5530. California Court of Appeals. Third Appellate District. July 15, 1936. O'Connor & Findlay for Appellant. Gibson, Dunn & Crutcher, and Keith Bullitt for Respondents. Pullen, P. J. For some time prior to June 10, 1926, Howard E. Ulery and his wife w...
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15 Cal. App. 2d 458 (1936) WILLIAM EATON, an Insane Person, etc., Plaintiff and Appellant v. L. O. THIEME, Defendant and Appellant. Civ. No. 9546. California Court of Appeals. First Appellate District, Division One. July 16, 1936. Ralph O. Marron, E.B. Power and R. Lee Chamberlain for Plaintiff and Appellant. Dinkelspiel & Dinkelspiel, J. Thaddeus Cline and Harold W. Conklin for Defendan...
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15 Cal. App. 2d 475 (1936) WILLIAM SCHRAMM, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, ORLIE R. BLAIR et al., Respondents. Civ. No. 10620. California Court of Appeals. Second Appellate District, Division One. July 16, 1936. Hewitt & Anderson and Don P. Fogarty for Petitioner. Everett A. Corten, Emmet J. Seawell, F. Britton McConnell and J. Jay Smith for Respondents. Houser, P. J. T...
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This action against appellant casualty company arose out of an automobile collision between the automobiles of and driven by appellant’s assured, Mr. J. M. McIntyre, and Mr. Willie Burbank. Mrs. Julia J. Burbank, the wife of Willie Burbank, who was riding in the Burbank ear at the time, was injured. Thereafter the Bur-*484banks brought suit against McIntyre and final judgment was recovered in thei...
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15 Cal. App. 2d 487 (1936) In the Matter of the Application of ESTELLE SPIERS on Behalf of MARY SPIERS for a Writ of Habeas Corpus. Crim. No. 1511. California Court of Appeals. Third Appellate District. July 16, 1936. H. B. Churchill and Lovett K. Fraser for Petitioner. Burt W. Busch, District Attorney, for Respondent. Plummer, J. On the 12th day of June, 1935, a petition was filed in the ...
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15 Cal. App. 2d 494 (1936) FRANK COX, Respondent, v. L. F. MILLER, Defendant; HERSHEL CALIFORNIA FRUIT PRODUCTS CO. (a Corporation), Appellant. Civ. No. 5541. California Court of Appeals. Third Appellate District. July 16, 1936. Levinsky & Jones and James C. Nichols for Appellant. Griffin & Boone and Edward T. Taylor for Respondent. Bruton, J., pro tem. On November 27, 1929, Frank ...
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On February 16, 1921, the defendants Grubel executed and delivered to Henry Shlaude: man their promissory note for $15,000, payable in five years. On the same date, B. F. Grubel only executed and delivered to Henry Shlaudeman a mortgage covering real property, said mortgage being to secure the payment of the aforementioned note, which mortgage was duly recorded. On May 9th, B. F. Grubel conveye...
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15 Cal. App. 2d 506 (1936) E. G. MASTERS, Respondent, v. THE BOARD OF DENTAL EXAMINERS OF CALIFORNIA, Appellant. Civ. No. 1186. California Court of Appeals. Fourth Appellate District. July 16, 1936. Anthony J. Kennedy and H. E. Lindersmith for Appellant. Wayne Compton for Respondent. Turrentine, J., pro tem. The respondent was suspended and his dental license revoked by judgment of the Boa...
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Respondent filed his motion to dismiss the appeal on the ground that the appellant had not filed his opening brief within the time provided by law. Subsequent to the filing of the motion, but before the hearing thereof, appellant had served and filed his opening brief. On the authority of Graybiel v. Consolidated Associations, Ltd., 14 Cal. App. (2d) 547 [58 Pac. (2d) 665], the motion is denied. B...
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This action is one to recover royalties acquired through an assignment of an oil and gas lease. The original lease was between California Petroleum Corporation, lessor, and C. K. Cole, lessee, and covered lots 12 and 14, block 118, Huntington Beach 17th Street section, in the city of Huntington Beach. Cole assigned the lease to his wife, Frank H. Cole, who, on January 7, 1927, executed an assignme...
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15 Cal. App. 2d 520 (1936) AGATHA ARCHER et al., Appellants, v. CITY OF LOS ANGELES (a Municipal Corporation) et al., Defendants; LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (a Body Politic and Corporate), Respondent. Civ. No. 10623. California Court of Appeals. Second Appellate District, Division One. July 17, 1936. Dempster & Dempster, J. H. Creighton and Jerrell Babb for Appellants. Eve...
Views: 5
This is an appeal by a third party claimant from a judgment in favor of an attaching creditor. *524The third party claimant assisted in financing a crop of onions raised by the defendants Guitron, who will be referred to as the defendants, in Riverside County, taking a crop mortgage which they later discovered was invalid. The defendants, who were partners, began to harvest the onions on May 1, 19...
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15 Cal. App. 2d 526 (1936) CLAIR WILSON, Respondent, v. GEORGE ANTHONY ZORB, Appellant. Civ. No. 9950. California Court of Appeals. Second Appellate District, Division One. July 17, 1936. Joseph Scott and Theodore C. Heyl for Appellant. Henry G. Bodkin and Leonard Husar for Respondent. *528 The Court. Defendant appeals from a judgment after verdict in an action for damages arising out of t...
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This is an appeal by plaintiff from a judgment rendered against it in an action growing out of *537 a contract between defendant, County of Los Angeles, and plaintiff, under the terms of which the former agreed to purchase from the latter an order of blankets. Plaintiff sought to recover from the defendant county the sum of $2,088.58, at a cost over and above the agreed basic price of the blank...
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On September 20, 1927, George B. Brown and Alta B. Brown, his wife, made their promissory note to the defendant for $655.50, secured by mortgage on the real property in controversy herein, which they then owned. In 1928, George B. Brown conveyed said property to Arthur F. Brown, his wife Alta B. Brown not joining in the deed. October 11, 1929, defendant purchased the real property which was sold u...
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This in an appeal by defendants from .a judgment in favor of plaintiffs in an action brought to recover damages for the death of Ralph E. Battison, deceased. The action was originally brought by Charles Matson, as the administrator of the estate of said deceased. The complaint contained the usual allegations regarding the qualifications of said administrator. Said allegations were merely denied f...
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15 Cal. App. 2d 548 (1936) In the Matter of the Estate of NETTIE FRISHHOLZ BARNES SMITH, Deceased. RALPH F. HEFNER, as Special Administrator, etc., et al., Appellants, v. GUS R. SMITH, Respondent. Civ. No. 5628. California Court of Appeals. Third Appellate District. July 20, 1936. W. E. Duncan, Jr., for Appellants. Herbert W. Whitten and Carleton Gray for Respondent. Bruton, J., pro tem. O...
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15 Cal. App. 2d 552 (1936) LOUISE L. HECTOR et al., as Coexecutors, etc., Petitioners, v. THE SUPERIOR COURT OF PLACER COUNTY, Respondent. Civ. No. 5614. California Court of Appeals. Third Appellate District. July 20, 1936. Butler, Van Dyke & Harris for Petitioners. T. L. Chamberlain and R. C. McKellips for Respondent. Steel, J., pro tem. This is a proceeding in mandamus by which petitione...
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15 Cal. App. 2d 555 (1936) LOGAN E. RUGGLES, Appellant, v. LeROY BAILEY, Public Administrator, etc., Respondent. Civ. No. 1951. California Court of Appeals. Fourth Appellate District. July 20, 1936. A. R. Honnold for Appellant. George W. Fisher for Respondent. *556 Turrentine, J., pro tem. This is an appeal from a judgment dismissing appellant's complaint to set aside a judgment of divorce...
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The petitioner filed in the superior court a petition for a writ of mandate commanding the respondents to call a special election to determine whether the voters of said city desired to recall two city officials named in the petition. After answer filed and hearing held the court entered its order and judgment directing the issuance of the writ. From this judgment the respondents named in the peti...
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The plaintiff brought the present action to recover from the Standard Accident Insurance Company, a corporation having its principal office in the city of Detroit, Michigan, and L. R. Travis, the general manager of its San Francisco office, the sum of $20,000 damages for libel. The cause was tried before a jury. At the conclusion of the plaintiff’s case the defendants moved the court for a nonsui...
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15 Cal.App.2d 569 (1936) BERTRAND M. J. CONLIN, Respondent, v. WILLIAM R. COYNE et al., Appellants. Civ. No. 10796. California Court of Appeals. Second Appellate District, Division One. July 21, 1936. Halverson & Halverson, and Pacht, Turnbull, Pelton & Warne for Appellants. Harry K. Sargent for Respondent. Desmond, J., pro tem. Respondent moved to dismiss an appeal from an order of the su...
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15 Cal. App. 2d 572 (1936) OAKLEY COMPANY (a Corporation), Respondent, v. MAUDE R. L. BUTLER et al., Defendants; G. D. BUTLER, Appellant. Civ. No. 1188. California Court of Appeals. Fourth Appellate District. July 21, 1936. Kendall B. Perkins and Smith & Perkins for Appellant. Nicholas W. Hacker for Respondent. Turrentine, J., pro tem, On April 24, 1930, plaintiff entered into a contra...
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This is an appeal by plaintiffs from a judgment entered upon a directed verdict. Plaintiff Lupe Plores, wife of plaintiff Tgnacio Plores, sustained personal injuries when struck by an electric street car operated by defendant railway corporation. The accident occurred on November 7, 1934, at approximately 2 o’clock in the afternoon, at or near the intersection of Seventh Street and Broadway in ...
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This is an action brought to recover damages on account of personal injuries received by plaintiff when she was struck by defendant railway company’s passenger-carrying bus, while crossing Beverly Boulevard near its intersection with Spaulding Avenue in the city of Los Angeles, on March 23, 1934, at about 10 o’clock in the morning. Trial was had before the court, and upon findings made that while...
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15 Cal. App. 2d 585 (1936) EUGENE J. RINALDO, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. Civ. No. 10752. California Court of Appeals. Second Appellate District, Division One. July 22, 1936. L. E. Dadmun for Petitioner. U.S. Webb, Attorney-General, and Paul D. McCormick, Deputy Attorney-General, for Respondents. Houser, P. J. The facts essential to a determ...
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The appellant was appointed executrix of the estate of her deceased husband in March, 1927. She received a draft for $21,753.60 payable to herself as such executrix and, on October 9, 1930, endorsed and turned over this draft to the Bank of Italy, of which bank the respondent is the successor. She was given a cashier’s check for $21,000, payable to herself as such executrix, and $753.60 was dep...
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15 Cal. App. 2d 599 (1936) THOMAS VAN DYKE TYLER SHAW, a Minor, etc., et al., Respondents, v. EDWARD E. JOHNSON, as Administrator, etc., Appellant. Civ. No. 10170. California Court of Appeals. First Appellate District, Division Two. July 23, 1936. James E. Colston, John G. Alioto and Jack E. Hursh for Appellant. Courtney L. Moore and Heller, Ehrman, White & McAuliffe for Respondents. Sp...
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By amended indictments appellant was charged with and convicted of the crimes of robbery, kid *609 naping and assault with intent to commit murder. He was also charged with a prior conviction of a felony, which he admitted. This appeal is from the order denying his motion for new trial and from the judgments entered on the verdicts of guilty of the three crimes. There is direct and positive e...
Views: 7
15 Cal. App. 2d 612 (1936) CARRIE BORDEN MILLER, as Executrix, etc., Respondent, v. CALIFORNIA TRUST COMPANY (a Corporation), as Executor, etc., Appellant. Civ. No. 10289. California Court of Appeals. Second Appellate District, Division One. July 23, 1936. Swanwick, Donnelly & Proudfit and Tom W. Henderson for Appellant. Bauer, Macdonald, Schultheis & Pettit and Thomas H. McGovern fo...
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In this action to quiet title to two lots in Ocean Beach the plaintiff claims under a grant deed to herself and one David Conroy as joint tenants, which deed has been lost or destroyed and was never recorded. The defendants claim under another deed from the same grantor to Conroy alone and under Conroy’s will. Prom a judgment in favor of the defendants the plaintiff has appealed. It appears from t...
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The plaintiff brought an action to recover from the defendants damages in the amount of $4,500 for the breach of an alleged oral contract to employ him as broker in effecting insurance on a number of automobiles and auto-trucks owned by one or other of the defendants or by their employees. The contract alleged was that on or about March 23, 1928, plaintiff promised and agreed with defendants to se...
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15 Cal. App. 2d 630 (1936) ANTHONY PRATT et al., Appellants, v. SECURITY TRUST AND SAVINGS BANK et al., Respondents. Civ. No. 10038. California Court of Appeals. Second Appellate District, Division One. July 27, 1936. Arthur E. Briggs and John C. Packard for Appellants. Newlin & Ashburn and A. W. Ashburn for Respondents. Roth, J., pro tem. Plaintiffs as resident taxpayers and members o...
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15 Cal.App.2d 642 (1936) ALICE L. CANFIELD, as Executrix, etc., Appellant, v. E. W. SCRIPPS, Trustee, et al., Respondents. Civ. No. 10621. California Court of Appeals. Second Appellate District, Division One. July 27, 1936. McAdoo, Neblett & Warner, William H. Neblett, John Sobieski and LeRoy P. Lorenz for Appellant. S. S. Hahn and W. O. Graf for Respondents. Roth, J., pro tem. Alice L...
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15 Cal. App. 2d 649 (1936) THE PEOPLE, Respondent, v. ERNEST SPILLARD, Appellant. Crim. No. 1488. California Court of Appeals. Third Appellate District. July 27, 1936. McAllister & Johnson and O. F. Meldon for Appellant. U.S. Webb, Attorney-General, and Ralph H. Cowing, Deputy Attorney-General, for Respondent. Pullen, P. J. Appellant was convicted of violating section 288 of the Penal ...
Views: 12
Defendants appeal from a judgment in favor of plaintiff and respondent in an action for damages for personal injuries. The action was tried by the court sitting without a jury, and a judgment in the sum of $3,000 was rendered. This appeal presents but one question, viz.: Was plaintiff guilty of contributory negligence as a matter of law? The facts are simple, and may be briefly stated as foll...
Views: 0
15 Cal. App. 2d 659 (1936) A. BRUCE, Appellant, v. THOMAS E. RISLEY, Respondent. Civ. No. 1742. California Court of Appeals. Fourth Appellate District. July 28, 1936. John D. Chinello and Leonard B. Fowler for Appellant. Walter H. Stammer for Respondent. Jennings, J., The appeal herein is taken by the plaintiff from a judgment rendered in favor of defendant. Plaintiff instituted the action...
Views: 2
15 Cal.App.2d 665 (1936) RUSSELL W. NORTHRUP et al., Respondents, v. JOHN R. HAYNES et al., Appellants. Civ. No. 10993. California Court of Appeals. Second Appellate District, Division Two. July 29, 1936. Ray L. Chesebro, City Attorney, Frederick von Schrader, Assistant City Attorney, and Bourke Jones, Deputy City Attorney, for Appellants. Robert F. Shippee for Respondents. *666 Mccomb, J.,...
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15 Cal.App.2d 667 (1936) KLYDE KRAFT, Respondent, v. DANIEL W. BRIGGS, Appellant. Civ. No. 11101. California Court of Appeals. Second Appellate District, Division Two. July 29, 1936. David R. Faries for Appellant. H. Landon Morris for Respondent. Crail, P. J. This case comes before us on the motion of the plaintiff to dismiss the appeal upon the ground that the appeal was not taken within ...
Views: 1
15 Cal.App.2d 669 (1936) THE PEOPLE, Respondent, v. LAWRENCE WOOLEY, Appellant. Crim. No. 1496. California Court of Appeals. Third Appellate District. July 29, 1936. H. D. Gregory for Appellant. U.S. Webb, Attorney-General, and Wilmer W. Morse, Deputy Attorney-General, for Respondent. Plummer, J. The defendant was convicted of an offense specified in section 285 of the Penal Code. His moti...
Views: 6
This is a petition for a writ of mandamus to require the Judge of the Superior Court of Glenn County to dismiss an action numbered 5520 which was filed in that county February 5, 1935, and which is now pending therein between C. V. and Carrie Seidell, plaintiffs, and Anglo-California Trust Company et al., defendants, the court having denied defendants’ application for a nonsuit and for judgment...
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This ease was before us on a former appeal. (Lindsay v. Mack, 5 Cal. App. (2d) 491 [43 Pac. (2d) 350], which see for. the facts and law of the case.) It was there reversed with directions to make findings on certain issues. In that case it was said: “Evidence was presented by both parties on this issue but the trial court failed to find upon it.” The issue here mentioned is the same as th...
Views: 0
In this action to quiet title to a lot in San Diego the court made findings and entered judgment in favor of the plaintiff and the defendants have appealed on the judgment-roll alone. On July 17, 1925, Sarah Tenney, being then 80 years of age, executed a grant deed conveying the property in question to the respondent, this deed reserving to the grantor “the free use and occupancy of the said premi...
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By means of habeas corpus the petitioner seeks to procure his discharge from custody under the provisions of section 871 of the Penal Code on the ground that the preliminary examination discloses no evidence of the commission of the crime of "forgery with which he was charged and that it does not appear therefrom that there is reasonable cause to believe he was guilty of forgery or any other pu...
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Defendant’s demurrer to the amended complaint was sustained and subsequently the trial court denied leave to amend a second time. Judgment of dismissal followed, from which plaintiffs have taken this appeal. We find no error in the trial court’s rulings. The action was instituted by 144 persons as plaintiffs to recover from the defendant corporation the sums of money alleged to have been paid by t...
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This case was originally filed in the Superior Court of Los Angeles County on or about October 22, 1930. The complaint was in two counts, one against the corporation for malicious prosecution of a civil action, the other against the stockholders of the corporation on their stockholders’ liability. To this complaint various demurrers were interposed, and finally the superior court sustained a de...
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Appellant, as petitioner in the court below, sought and obtained a writ of review for the purpose of determining the validity of an order of the respondent Commissioner of Corporations suspending a permit theretofore issued to appellant petitioner, authorizing the sale of stock by the latter. The proceeding was instituted under section 15 of the Corporate Securities Act (Stats. 1917, p. 673, and ...
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I dissent; the reason therefor being that in my opinion the foundational statute is unconstitutional. 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 August 27, 1936....
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15 Cal. App. 2d 710 (1936) MISS M. HEUER, Appellant, v. ROBERT H. KEE, Respondent. Civ. No. 10716. California Court of Appeals. Second Appellate District, Division One. July 31, 1936. Gladys Towles Root, S. S. Hahn, W. O. Graf and Phi O. Clough for Appellant. James M. Carter for Respondent. White, J., pro tem. Plaintiff brought this action to recover damages for certain alleged libelous an...
Views: 3
Respondent brought this action to recover certain personal property alleged to be wrongfully detained by appellants. The cause was tried before the court, sitting without a jury, resulting in a judgment for respondent, from which judgment, and from an order denying a motion for a new trial, this appeal is prosecuted. The facts germane to this proceeding are, that during the year 1930 the firm of S...
Views: 0
15 Cal. App. 2d 723 (1936) LUCILLE M. COLBY, Respondent, v. HARRISON M. PIERCE, Appellant. Civ. No. 1643. California Court of Appeals. Fourth Appellate District. July 31, 1936. Swing & Swing for Appellant. Everett H. Smith and Miguel Estudillo for Respondent. Jennings, J. Respondent Lucille M. Colby has moved to dismiss the appeals taken by appellant. The action in which the appeals ha...
Views: 4
15 Cal. App. 2d 726 (1936) E. B. RHOADS, Appellant, v. I. A. STUDLEY, Respondent. Civ. No. 9853. California Court of Appeals. First Appellate District, Division One. August 3, 1936. Booth B. Goodman, H. H. Kilpatrick, F. E. Kilpatrick and John W. Wentz for Appellant. James F. Hoey, F. G. Hamilton and Warren Cunningham for Respondent. Ward, J., pro tem. This is an action for damages for per...
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Alice B. Dunton died testate, bequeathing all her estate to Ralph Doherty, sometimes called Ralph Daugherty, appellant, naming him executor thereof. Decedent left no surviving next of kin. The estate consisted of the community property of decedent and her husband, who had predeceased her. The will was duly probated and appellant appointed executor. Ralph Doherty was a stranger to the estate of ...
Views: 3
The trial court found from the evidence in this case that the defendant Joseph B. Strauss was indebted to plaintiff in the sum of $5,000 on an assigned account stated. Judgment was entered accordingly, and defendant appeals. In our opinion the appeal is utterly without merit. Plaintiff’s case was established at the trial by the uncontradicted testimony of two witnesses. One was plaintiff’s...
Views: 0
This is an appeal by plaintiff from a judgment in favor of defendant after a trial before the court without a jury. The conceded facts are: A judgment in the sum of $15,000 predicated upon an automobile accident was obtained against defendant and the National Packing Company, of which plaintiff and defendant were copartners. An insurance company paid $10,000 in partial satisfaction of the judgment...
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In an information that was filed against him defendant was charged, first, with the commission by him of the crime of forgery; secondly, of the crime of grand theft. In the same information, defendant also was charged with having theretofore suffered two prior convictions for felonies alleged to have been committed by him, for each of which he had served a term in prison. When the action came on ...
Views: 1
This is an appeal upon the judgment roll from a final judgment rendered after order sustaining a general and special demurrer interposed to the complaint by defendant Leahy. Plaintiff declined leave to amend. The action is one to recover damages for personal injuries alleged to have been inflicted upon the plaintiff, through collision with a concrete pier, while riding on a public highway in an a...
Views: 5
Plaintiffs brought this action to recover indemnity under a “Depositor’s Forgery Policy”. The cause was tried before the court upon an agreed statement *760 of facts. Plaintiffs had judgment and from said judgment defendant appeals. The policy issued by appellant to respondents provided indemnity “against any losses . . . which may be sustained through the payment ... by the i...
Views: 2
Plaintiff appeals from a judgment in favor of defendant after the trial court sustained a demurrer without leave to amend to plaintiff’s complaint, which alleged that defendant had libeled plaintiff. On a similar set of facts we have this day decided in the case of Pollard v. Forest Lawn Memorial Park Association, Inc., Civil No. 10908 (ante, p. 77 [59 Pac. (2d) 203]) the identical questions of la...
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In this proceeding petitioner sought a writ of prohibition prohibiting respondents from giving civil service examinations under the provisions of the charter of the county of San Diego. All material questions here presented are disposed of in the opinion this day filed in the ease of Cornell v. Harris, No. 1960 (ante, p. 144 [59 Pac. (2d) 570].) Upon the authorities there cited and for the reasons...
Views: 0
15 Cal. App. Supp. 2d 765 (1936) SAM S. SPIEGELMAN, Appellant, v. WILLIAM HAWLEY BOWLUS et al., Defendants; JACOB TELLER, Respondent. California Court of Appeals. June 11, 1936. Irving Shore for Appellant. Porter & Sutton for Respondent. Bishop, J. Standing between us and the judgment appealed from is the shadow of a final order granting a [15 Cal. App. Supp. 2d 766] new trial. We say th...
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This case gives rise to the question whether a warehouseman may have a general lien, not only for charges for storage and ordinary services and expenditures incident to the business, but also for money advanced, in the case of liquors, for taxes, payable by the owner under the internal revenue laws. The determination of that question depends on the interpretation to be given to sections 27 and 28 ...
Views: 0
Appellant was convicted, by his plea of guilty, of selling a six-pound can of Crisco at less than cost for the purpose of injuring his competitors and destroying competition. From the judgment fining him $500 and im *Supp. 761 posing a six months’ term of imprisonment (suspended), he has appealed, contending that the provisions of the statute passed to make his act a public offense...
Views: 4
Plaintiff, by written lease dated September 21, 1934, hired from defendant a storeroom in a building owned by the latter. During the tenancy, the term of which included the dates here involved, the defendant was informed that plaintiff had sustained damage to personal property owned by him and kept in the leased storeroom, from rain water which had entered the premises. Such rain water appeared to...
Views: 3
18 Cal. App. 2d 1 (1936) DESMOND R. DOWDALL, Respondent, v. GILMORE OIL COMPANY, LTD. (a Corporation), Appellant. Civ. No. 5608. California Court of Appeals. Third Appellate District. December 2, 1936. Jerome D. Peters for Appellant. Ware & Ware and Horton & Horton for Respondent. Pullen, P. J. The question here involved is as to the propriety of refusing to give an instruction off...
Views: 3
Plaintiff sought to recover money held by defendant City and County of San Francisco pursuant to a notice to withhold filed by plaintiff with the controller., Said defendant had refused to make payment because of conflicting claims to the fund but consented to make payment to the party determined to be entitled thereto. Defendant The Canadian Bank of Commerce claimed the fund by virtue of an assig...
Views: 1
18 Cal. App. 2d 15 (1936) THE PEOPLE, Respondent, v. GIRD MARION BAUSELL, Appellant. Crim. No. 335. California Court of Appeals. Fourth Appellate District. December 3, 1936. Edgar G. Langford for Appellant. U.S. Webb, Attorney-General, and James S. Howie, Deputy Attorney-General, for Respondent. Jennings, J. Defendant was charged by information with having committed the offense of receivin...
Views: 13
18 Cal. App. 2d 20 (1936) THE PEOPLE, Respondent, v. NELSON WAITS, Appellant. Crim. No. 2917. California Court of Appeals. Second Appellate District, Division Two. December 4, 1936. Morris Lavine for Appellant. U.S. Webb, Attorney-General, and Bayard Rhone, Deputy Attorney-General, for Respondent. *21 McComb, J., pro tem. This appeal is from a judgment of conviction after trial by jury of ...
Views: 13
This is an appeal from a conviction of the crime of embezzlement of public moneys in violation of section 424 of the Penal Code, a felony. The clerk’s transcript was filed October 19, 1936. The reporter’s transcript was filed November 5, 1936, and the case was ordered on the calendar for December 4, 1936, and due notice given. No briefs have been filed and no requests for extension of time have be...
Views: 0
This cause is before us upon an appeal by the defendant from a judgment entered against it based upon an assault upon the plaintiff made by an employee of the defendant named J. Y. Downs. The record shows that on or about the 9th day of July, 1934, J. Y. Downs, an employee of the defendant, went to a certain ranch property operated by the Walsh Station Orchard Company, of which the plainti...
Views: 6
18 Cal. App. 2d 32 (1936) FRANK J. O'SHEA, Respondent, v. PACIFIC GAS & ELECTRIC COMPANY (a Corporation), Appellant. Civ. No. 5630. California Court of Appeals. Third Appellate District. December 5, 1936. Thos. J. Straub, Clinton F. Stanley and W. H. Spaulding for Appellant. George R. Freeman and Elmer Laine for Respondent. Thompson, J. The defendant has appealed from a judgment of $6,...
Views: 5
18 Cal. App. 2d 47 (1936) KINGS LABORATORIES, INC. (a Corporation), Appellant, v. YUCAIPA VALLEY FRUIT COMPANY (a Corporation) et al., Respondents. Civ. No. 1599. California Court of Appeals. Fourth Appellate District. December 7, 1936. Karl F. King, Lester G. King, Byrne & Coughlin and Martin J. Coughlin for Appellant. U. F. Lewis for Respondents. *48 Barnard, P. J. The plaintiff, a p...
Views: 3
The defendant has appealed from a judgment of $1854 which was rendered against him for personal injuries received by the plaintiff as a result of negligence in an automobile collision which occurred at the intersection of streets in the town of Atwater. It is contended the verdict and judgment are not supported by the evidence, chiefly because it is asserted the plaintiff was guilty of contributor...
Views: 1
This is a petition for a writ of mandate requiring respondent to accept as sufficient to stay execution an undertaking on appeal. A demurrer has been filed to the petition. The material facts alleged in the petition are: That a judgment in the sum of $12,718.49 was rendered by the superior court against the petitioners, from which they appealed. Thereafter an undertaking on appeal *58executed by M...
Views: 0
The court delivered the following opinion from the bench: This cause is before us upon the petition of Diane Totton seeking to restrain the superior court from further proceeding with the hearing of a second motion for nonsuit now pending in the case in said court where Diane Totton is plaintiff and Frank Totton, her husband, is also plaintiff, against Martin Belfrie and Chevrolet Motor Company, d...
Views: 0
Plaintiff sued to recover damages for personal injuries. Upon trial by jury plaintiff had judgment from which defendant appeals. The accident occurred on Van Ness Avenue in San Francisco on the evening of October 23, 1933. Plaintiff had been a passenger on a “D” car which was southbound on Van Ness Avenue. This car had stopped at a safety island about six feet to the rear of a southbound “H” car. ...
Views: 0
18 Cal. App. 2d 69 (1936) MARGARET CARPENTER et al., Respondents, v. A. J. HAMILTON, Appellant. Civ. No. 10873. California Court of Appeals. Second Appellate District, Division One. December 10, 1936. Meserve, Mumper, Hughes & Robertson and Roy L. Herndon for Appellant. Lee A. Dayton for Respondents. Shinn, J., pro tem. Plaintiffs sued to recover damages for alleged fraud by which they...
Views: 13
With the pleadings serving as a point of departure, this case was tried as an interpleader action. The bone of contention was the proceeds of a bank account, of more than $2,000, standing jointly with the right of survivorship in the names of Miss Sophie Olson, now deceased, and Anna Washington, the appellant. The rival claimants to the fund were appellant and the plaintiff in intervention, Sec...
Views: 2
18 Cal. App. 2d 90 (1936) GE0RGE FINCH et al., Appellants, v. SAMUEL J. McKEE et al., Respondents. Civ. No. 5637. California Court of Appeals. Third Appellate District. December 10, 1936. Frank E. Downey for Appellants. Carl E. Cameron for Respondents. Thompson, J. The plaintiffs have appealed in this action for damages for fraud alleged to have been exercised in procuring an exchange of r...
Views: 7
This is a motion to dismiss the appeal from a judgment of the Superior Court of Inyo County under the provisions of rule V, of the Rules for the Supreme Court and District Courts of Appeal. The certificate of the county clerk of Inyo County shows that judgment was rendered and entered on October 4, 1935, and that notice of appeal to the District Court of Appeal, Second District, was filed on Decem...
Views: 0
In this proceeding the petitioner seeks to compel the respondents to revise a tax levy for the fiscal year 1936-1937, which is claimed to be in excess of that permitted by the act of June 25, 1935, imposing a limitation on expenditures by cities and other political subdivisions (Stats. 1935, p. 1254). The petitioner alleges that the respondent city council on August 6, 1936, acting under an "appro...
Views: 5
Defendant appeals from a judgment of his conviction of the commission by him of the crime of grand theft; also from an order by which his motion for a new trial was denied. Owing to the nature of the questions which are presented in appellant’s brief, it becomes necessary to set forth somewhat in detail the evidence upon which the judgment de- ' pended. According to testimony that was give...
Views: 7
The plaintiff Annie E. Pattisson was driving her automobile westerly down Ralston Avenue in Belmont, and as she approached the intersection of Notre Dame Avenue, which enters Ralston Avenue from the north and there terminates, her car swerved diagonally across Ralston Avenue, traveled a distance of approximately a hundred feet, demolished a section of fence, and collided with a tree. As a result ...
Views: 4
This is an appeal by defendant C. P. Warden alone from a judgment foreclosing a mortgage *132 on real property. No reporter’s transcript has been filed, and this appeal is prosecuted upon the judgment roll alone. The amended and supplemental complaint sets up the relationship of husband and wife existing between appellant and defendant Grace P. Warden; the execution of the not...
Views: 1
The plaintiff has appealed from a judgment which was rendered against it in a suit for the unpaid balance amounting to $815.30 and interest at 8 per cent per annum from January 5, 1931, on a note executed by the defendant for the sum of $1385, to the Security Bond & Mortgage Company, dated April 5, 1927, payable three years after the date thereof. This note, together with five other notes, aggr...
Views: 0
This cause is before us upon an appeal by the defendant Insurance Company from a judgment rendered against it in the sum of $500 based upon a policy of fire insurance. The policy provided, among other things, that the building involved in this action was insured only while it was occupied as a dwelling house. Whether the premises in question were or were not occupied as a dwelling house was the on...
Views: 0
While walking across a street in Oakland, plaintiff was struck and injured by an automobile driven by the defendant Roy Osborn. Claiming that his injuries were proximately caused by Osborn’s negligence, he brought this action for damages against Osborn in which he joined as party defendant Andrew Hexem, alleging that Hexem was the owner of the automobile and that it was being driven by Osborn wit...
Views: 0
On March 29, 1932, an automobile was stolen. It was not recovered by its owner until more than four years thereafter, to wit, on May 8, 1936. Within less than one month succeeding the latter date, an information was filed against defendant, wherein he was accused, not with the commission of the crime of theft, but that on or about the 20th day of December, 1935, in violation of the provisions of ...
Views: 13
This is an action for an accounting of the profits alleged to have been obtained from the sale of a franchise to distribute gas in the city of Seattle. Plaintiff contends that in February, 1900, a joint undertaking was entered into between himself and defendant to obtain a franchise from the city of Seattle to distribute gas therein and that thereafter the franchise in question was obtained in the...
Views: 11
— This action was prosecuted by plaintiffs against defendant Overland Terminal Warehouse Company for refusal to deliver certain sugar to plaintiffs in conformity with the provisions contained in a nonnegotiable warehouse receipt issued by plaintiffs. The cause was dismissed as to all defendants except Overland Terminal Warehouse Company and after trial before the court judgment went for defenda...
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In an action brought to recover moneys alleged to be due under a written instrument the trial court made findings in favor of the defendant and from the judgment entered the plaintiff has appealed. On January 17, 1931, Cooperative Dairymen’s League, a corporation, entered into a contract with Dairyland Products, Inc., under the terms of which the former agreed to sell and the latter agreed to buy ...
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Judgment was rendered for the plaintiff in this action for the amount of damages alleged to have been caused to a “.Kleiber” truck owned and operated by the plaintiff, by reason of a collision between said truck and a “Fageol” truck owned and operated by the defendants. From this judgment the defendants appeal. The appeal is also from an order denying the defendants’ motion for a new trial, but...
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This is an action on a promissory note. The defense was lack of consideration and the finding of the trial court upheld defendant in that contention. Respondent also moves to dismiss the appeal upon grounds which will be considered later. Defendant was a fruitgrower and farmer in Stanislaus' County and a director of the California Canning Peach Growers Association. Plaintiff was manager of...
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An information was filed against petitioner in the superior court charging her with the crime of assault with a deadly weapon. To this charge she entered a plea of guilty, and on August 26, 1936, the court sentenced her to serve a term of six months in the county jail. The court further ordered that all of said sentence be suspended except five days. On September 4, 1936, the following order was ...
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This is an appeal from an order requiring the executrix of the last will and testament of J. W. McEuen, deceased, to convey to Eleanor R. Layton real property belonging to the estate under the terms of a written contract of purchase and sale. No briefs have been filed and no appearance made on behalf of respondent. The record discloses that during his lifetime deceased owned a house and lot in ...
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Plaintiff has appealed from a judgment in favor of defendants. In this action plaintiff sought cancellation of assignments of oil leases on property in the North Dome of the Kettleman Hills oil fields in Kings County, cancellation of a mortgage, and of a drilling agreement providing for the development of the leases, upon the ground that the documents constituted a single contract which was usu...
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Respondent Leona Isabel Chovin recovered a judgment against appellant Joaquin P. Miranda and her husband, Arnold Chovin, individually and as copartners for the unpaid balance of rent reserved in a written lease. The lease demised a garage to the copartners for a term of ten years at a total rental of $48,000 payable in monthly instalments of $400 each. It acknowledged the receipt, as security, of...
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The defendant Friday and one Fonseca were tried together and both convicted of robbery in the first degree. Both defendants admitted a prior conviction and service of sentence in the state penitentiary for separate crimes of robbery. The defendant Friday prosecuted a separate appeal from the judgment and the order denying him a new trial. *198 The two defendants held up a drug store in the ci...
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Appellant was convicted after trial by jury of violation of the State Narcotic Act, a felony. This appeal is from the judgment and from the order denying his motion for a new trial. Viewing the evidence most favorable to the prosecution (People v. Dukes, 90 Cal. App. 657, 659 [266 Pac. 558]), the facts in the instant case are: April 10, 1936, appellant, while in an apartment in the city o...
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This is an appeal from a conviction of the crime of robbery, a felony. The clerk’s transcript was filed November 12, 1936. The reporter’s transcript was filed November 20, 1936, and the case was ordered on the calendar for December 18, 1936, and due notice given. No briefs have been filed and no requests for extension of time have been made. Defendant has made no appearance. Under authority of sec...
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18 Cal.App.2d 201 (1936) In the Matter of the Estate of JOHN MICHELS, Deceased. PETER MICHELS, Appellant, v. PACIFIC TILE & PORCELAIN COMPANY, Respondent. Civ. No. 11252. California Court of Appeals. Second Appellate District, Division Two. December 18, 1936. Irl D. Brett for Appellant. Richard F. Bailey and Ralph C. Curren for Respondent. Wood, J. This is an appeal from an order of th...
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M. B. Carpenter, as executor of the estate of A. H. Carpenter, deceased, has appealed from a judgment for damages for the reasonable rental value of real property which was rendered against the estate incident to a suit for unlawful detention of the property instituted pursuant to section 1161a of the Code of Civil Procedure. The appeal is presented on the judgment roll alone. The evidence is not...
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This action is before us upon an appeal by the defendants from an order of the trial court denying his motion for judgment notwithstanding the verdict. This motion appears to have been made in the alternative in accordance with the provisions of section 629 of the Code of Civil Procedure, wherein a party to an action may move for judgment notwithstanding the verdict, and also exercise the right of...
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This is an appeal from an order settling the first annual account current of the Security-First National Bank of Los Angeles as trustee of a trust created by the decree of distribution in the estate of Fanny Bixby Spencer, deceased. Appellants complain of two items of expense included in the account' of the trustee and allowed by the trial judge who overruled objections to them. They are, ...
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The defendant was accused by information with the crime of grand theft. Upon arraignment he entered a plea of guilty to the charge, waived the statutory time for pronouncement of judgment and was thereupon sentenced to be confined in the state prison. Immediately thereafter, he was taken to said institution and there incarcerated. More than a month after judgment had been pronounced and after the...
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Plaintiff, a ten-year-old pupil attending the Antioch Live Oak School was struck in the face by a baseball bat which flew from the hands of another pupil while they were playing a game of baseball on the school grounds during school hours, under the direction and supervision of the principal and the physical education teacher of said school, as part of the physical education course which plaintif...
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This is an original proceeding for a writ of prohibition. The petitioners herein were joined with fictitious defendants in an action filed in the superior court for declaratory relief and an injunction. The controversy arose over conflicting claims of several individuals as officers of the Apartment House Association of California, Inc. The defendants answered, pleading an election of new officer...
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The petitioner appeals from a judgment sustaining respondent’s demurrer and denying the petition for a writ of mandate. A petition seeking the recall of certain city officials was filed with the respondent city clerk more than sixty days after the publication of the notice of intention and statement of the reasons for the proposed recall. The city clerk refused to certify the petition because of t...
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Plaintiff appeals from a judgment of dismissal entered upon the denial of her motion for a continuance of the trial. In her complaint plaintiff alleged that *246 Michael A. Berger had for more than thirty-five years rendered services in and about the business and affairs of Lee Mantle, his uncle; that Mantle had promised to pay for these services by providing a legacy for Berger in his will and...
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The defendant has appealed from a. default judgment which was entered against it by the clerk, on the ground that the judgment is void for the reason that the summons was not served in the manner provided by section 411 of the Code of Civil Procedure. A bill of exceptions shows that upon motion to vacate the judgment, the plaintiff was permitted to, and did, amend the affidavit of service of summo...
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This is an appeal from an order denying defendant’s motion to vacate an attachment on real property which was levied in the above-entitled action. It is contended the levy was void for failure to serve upon the occupant of the property a copy of the notice of attachment. Complaint was filed in Nevada County, August 14, 1935, against the defendant for an indebtedness represented by an open ...
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Appeal by plaintiff from a judgment in favor of defendants, denying an injunction against foreclosure of a trust deed and denying a declaratory judgment that the trust deed in question covered only on undivided one-half interest in the property conveyed thereby. Upon the death of the plaintiff, I. Henry Harris, his executrix, Cora Lee Harris, as such executrix, was substituted as plaintiff by o...
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This is an appeal from a judgment in favor of plaintiff in an action upon a policy of life insurance in which plaintiff seeks to recover the total disability benefits provided to be paid by the terms of the policy in question. Defendant insurance company pleaded as affirmative defenses that the policy had lapsed for nonpayment of a premium when due, or within the period of grace; that plaintiff...
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This is an appeal by plaintiff from a judgment denying his prayer for a divorce and granting to defendant on her cross-complaint a decree of separate maintenance at the rate of $30 per month and further ordering payment by plaintiff to defendant of the sum of $150 attorney’s fees. The alleged ground of divorce was extreme cruelty of the defendant towards plaintiff, while the former in her cross-co...
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The appeal herein is from an- order of ■ the superior court dismissing the above-entitled action because of plaintiff’s failure to prosecute the' action with diligence and unnecessary delay in bringing the action to trial. *281 The record discloses that plaintiff’s amended complaint was filed March 14, 1932, and answers thereto were filed by the various defendants on March 22, 1932, and April...
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This is an appeal by James Cox, R. K. Weatherill and J. E. Soderholm from an order of the superior court denying their application for a writ of error coram nobis, after indictment, trial and conviction in said court on five counts of grand theft and five counts of violation of the Corporate Securities Act. Indicted jointly with appellants on the five counts charging violation of the Corporate ...
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The Superior Furniture Manufacturers, Ltd., hereafter called the corporation, made and delivered to the plaintiff three negotiable promissory notes to evidence a preexisting indebtedness of the corporation to the plaintiff. Several days after the plaintiff had received and accepted the notes and as an entirely separate transaction the plaintiff requested the defendants John 0. King and Helene W. K...
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This cause is before us upon the application of Jack Herald for a writ of habeas corpus in behalf of the above-named Ben Davis and Julia Leslie, wherein and whereby the discharge of said persons from the custody of Donald A. Cox, sheriff of the county of Sacramento, state of California, is sought. The petition sets forth that the above-named Ben Davis and Julia Leslie are restra...
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This appeal arises out of certain transactions with regard to a promissory note and deed of trust. The action was tried by the court sitting with a jury in an advisory capacity. The court made findings and entered judgment in the sum of $4,444.12 in plaintiff’s favor and against defendants Thomas and DeBold, from which judgment said defendants appeal, upon the judgment roll alone. The fact...
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Respondent Robinson, as administrator, filed his second and final account and petition for distribution in the above-entitled estate, and respondent Patch, as attorney for said administrator, filed his petition for attorney’s fees for extraordinary services. Appellant Garrahan, as an heir at law, and appellants Peck and Stewart, as grantees of said Garrahan as to a portion of her interest in the ...
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Plaintiff successfully sought judgment in the court below' to recover some sums due under a contract providing for the sale of real estate. The defendants seek on appeal, unsuccessfully, to reverse the judgment on three grounds: that the evidence shows that they were induced to enter into the contract through fraud; that there was a total failure of consideration; that the trial court had no ju...
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Defendant, an actor, appeals from a judgment in the sum of $10,000 rendered in an action based upon a contract in which defendant engaged the services of plaintiff’s assignors to act as his personal represéntatives and managers in the motion picture industry. The contract in question is in the form of a letter directed jointly to plaintiff’s assignors, Jane Broder, New York City, and Small...
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Three proceedings have been filed and are now pending in this court in the above-entitled cause, namely, an appeal by defendants from an order granting a new trial (Civ. No. 10039) ; an appeal by defendants from an ex parte order amending nunc pro tunc the order granting the new trial (Civ. No. 10204); and a motion by plaintiff for diminution of the record in appeal No. 10039, whereby he seek...
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Plaintiff sued as assignee for a deficiency judgment upon a promissory note secured by a deed of trust. The note and deed of trust were executed by the Wilsons and the Filmers to secure the payment to the Oakland Bank of the sum of $30,000 used in the purchase of *334real property. After acquiring title the Wilsons and the Filmers conveyed the property to the Real Estate Corporation which thereupo...
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This is an application for a writ of prohibition restraining the trial judge from signing findings of fact and entering judgments in certain unlawful detainer proceedings. James Otis, as trustee of the A. C. Whitcomb Estate, leased to Woods-Drury the Hotel Whitcomb for a period of years. The rental reserved rested on a percentage basis. By its terms the lease required that the lessee should kee...
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This is an appeal from a judgment containing a finding by the trial court that defendant had previously been convicted of a felony after defendant’s plea of guilty of violation of section 503 of the Vehicle Code. The facts so far as material are these: Prior to defendant’s plea of guilty to violation of section 503 of the Vehicle Code, he had been convicted of violation of section 146 of the ...
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This is an appeal by plaintiff from a judgment in favor of defendant after the trial court sustained a demurrer to plaintiff’s second amended complaint without leave to amend. The amended complaint alleged that in 1924 defendant fraudulently represented to plaintiff that he was the owner of certain basic patents and thereby induced plaintiff to assign his interest in an invention to him; i...
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The defendants have appealed from a judgment which was rendered against them in a suit for damages for the breach of a contract to sell grapes. It is contended the findings and judgment are not supported by the evidence with respect to the quantity of grapes which were produced and in regard to the measure of damages; that Mrs. W. J. Glaze was erroneously made a party defendant; that there...
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For the reasons stated in the opinion this day filed in Civil Appeal No. 10204, entitled James A. Carson, Plaintiff and Respondent, v. Emmons Draying & Safe Moving Co., etc., et al., Defendants and Appellants (ante, p. 326 [64 Pac. (2d) 176], it is ordered that plaintiff’s motion lor diminution of record be and the same is hereby granted conditionally upon the payment to defendants of the cost of ...
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The question in this case is whether in an action in the municipal court by a trustee in bankruptcy, to recover the value of certain personal property alleged as part of the bankrupt’s estate to have been converted by the defendant, the finding of the value of the property at a hearing before the referee in bankruptcy became res judicata and conclusive in the proceeding in the municipal court. The...
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This is an appeal by an execution creditor of the defendant J. W. Eder from an order determining title to a motor tow-car to be in Harry Beyer, who interposed a third-party claim. It appears that Eder and Beyer had been partners in a garage business conducted under the name of Acme Garage. The partners having decided to dissolve their partnership, it was agreed between them that the intere...
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This appeal presents the sole question whether section 690.24 of the Code. of Civil Procedure, exempting -from execution automobiles worth not more than one hundred dollars, is applicable to an execution to enforce a judgment based upon a contract existing when the section became a law. This section is part of a statute recasting the law providing for exemptions from executions (Stats. 1...
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This is an appeal from a judgment directing the issuance of a writ of mandate to compel the defendant corporation to permit an inspection by plaintiff, a stockholder in said corporation, of certain books and records thereof. During the pendency of this appeal, the defendant corporation applied for a writ of supersedeas, which application was denied. (Homestake Mining Co. v. Superior Court, 1...
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In this action brought to quiet title to certain real property and to obtain an accounting, judgment was entered denying any relief to plaintiffs and quieting the title of defendant Lachman Bros. Investment Company subject only to a deed of trust under which defendant Corporation of America was trustee. Plaintiffs appeal from said judgment. During the pendency of this litigation, Bernhard ...
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This is an appeal from a judgment upon a directed verdict in favor of a defendant in an automobile collision case in which the defendant was the driver of the car and the plaintiff was a guest passenger. Viewing the evidence in the light most favorable to the plaintiff, and indulging in every legitimate inference which may be drawn therefrom, the defendant while driving her car along one of the im...
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This is a motion by respondent to dismiss the appeal or to affirm the judgment from which the appeal has been prosecuted. The motion is made pursuant to the provisions of section 3 of rule V of the rules adopted by the Judicial Council for the government of the Supreme Court and the District Courts of Appeal. The grounds of the motion are that the appeal was taken only for delay and that the ques...
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Plaintiff brought this action for damages for personal injuries against the defendants City of Burlingame, a municipal corporation, and two employees 1 hereof, members of the police department. During the trial, the action was dismissed against one of the defendant police officers. Judgment was entered in favor of plaintiff, upon a verdict of a jury, against the remaining defendants, the police o...
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An explosion and fire, or a fire and explosion, occurred on the premises occupied by the Four Leaf Clover Market in the city of San Diego *40 in the early morning of April 4, 1934. Insurance on the contents of the premises had been issued to plaintiff wherein defendant issued one policy in the principal sum of $1,000 on furniture, fixtures and equipment. Defendant issued a second policy of $1,0...
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In this ease the defendant issued two policies of fire insurance to plaintiff (1) covering $500 on merchandise consisting principally of meats, and $2,500 on furniture, fixtures and equipment, and (2) one covering $500 on furniture, fixtures and equipment. Loss occurred at the time and in the manner set forth in the facts in the case of Kalin v. Allemannia Fire Insurance Co. (a...
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The plaintiff was injured by a street car owned by the corporate defendant and operated by the individual defendant. A verdict for $35,000 was reduced to $15,000 in connection with a motion for a new trial, and the defendants have appealed from the judgment. *50The accident happened about midnight on April 8, 1934, in front of the Santa Fe depot in San Diego. Just south of this depot, which is on ...
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The defendant was convicted of the crime of unlawfully and feloniously taking and driving away the automobile of Rose Mantua without her consent, contrary to the provisions of section 503 of the Vehicle Code of California. He also pleaded guilty to the conviction of the prior felony of passing a fictitious check. He was sentenced to imprisonment in San Quentin state prison for a term of from one t...
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Broadway Theaters, Inc., hereinafter referred to as defendant, appeals from a judgment recovered by plaintiff for damages sustained when he fell in the Orpheum theater while performing a “comedy cycling act” which was one of a number of vaudeville acts on the program. Pursuant to a written contract plaintiff and his partner took part in a number of performances. At the conclusion of each performa...
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The respondents Silverton are attorneys at law, and were retained by the Security-First National Bank of Los Angeles, the duly qualified and acting executor of the last will and testament of Margaret A. Keith, deceased, to assist it in the administration of decedent’s estate. The death of Margaret A. Keith occurred on April 28, 1933, and two years thereafter, to wit, April 24, 1935, said responde...
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This is an action for damages, brought on a complaint setting up two causes of action. The first is for the alleged breach of an oral agreement to sell seventy-six used automobiles, and the second is for the conversion of said automobiles. A nonsuit was granted, and plaintiff appeals from the judgment of dismissal entered pursuant thereto. The evidence shows that the automobiles in questio...
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This action was brought by plaintiff against defendants to recover upon a binder or cover obligation issued by the Liberty Bell Insurance Company, reinsuring a part of plaintiff’s liability under a policy of insurance which it had issued to the Holly Sugar Company. The Guardian Fire Assurance Corporation took over the Liberty Bell Insurance Company’s liabilities and obligations, and agreed to insu...
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Appellant was convicted after trial by jury of murder in the first degree and sentenced to life imprisonment. This appeal is from the judgment and from the order denying her motion for a new trial. Viewing the evidence most favorable to the prosecution (People v. Dukes, 90 Cal. App. 657, 659 [266 Pac. 558]), the facts in the instant case are: Appellant and her so...
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W. A. Stewart, a creditor of the Estate of Winfield A. Foreman, deceased, has appealed from an order granting Florence Wayne Foreman, widow of the deceased, a family allowance under the provisions of section 680 of the Probate Code. The testimony adduced at the hearing of the petition for family allowance is not before this court. The transcript on appeal contains only the documents incide...
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The defendant in this action was accused in an indictment by the grand jury of Riverside County of the crime of murder. The case was tried before the court without a jury, defendant having waived a jury trial. The trial court rendered a verdict of involuntary manslaughter. The charge grew out of a collision of appellant’s car' with a power pole. One of the occupants of the car, Anna Mae Helm, suf...
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The defendant was charged, in separate counts, with the crimes of burglary and petit theft, the latter including a prior conviction of the same offense. It was alleged, respectively, that he entered a house occupied by one G. H. Kemp with intent to commit theft, and that he took therefrom a portable typewriter. He admitted the prior conviction and a jury found him guilty of burglary in the second...
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An action to recover damages for assault and battery made upon the plaintiff by defendant Castoro, an officer of defendant company. A jury returned a verdict for plaintiff against both defendants in the sum of $1500. Upon motion for a new trial this sum was reduced to $1,000, and a judgment was thereupon entered, from which defendants appeal. The plaintiff was employed by the company as a tom...
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Petitioners, respondents herein, attorneys at law, were employed by the city of Compton to perform legal services of a special nature for the city at an agreed compensation. They performed said services in full and their demand for payment, conforming to the contract, was approved by the proper city officials. Appellant Smith, as mayor of the city, having refused to draw a warrant upon the city tr...
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This is an appeal from an order of the superior court denying á petition for a writ of error coram nobis. The defendant was charged with sixty-one counts of felony together with a prior conviction of a felony. After his trial had continued for a full week and when the People’s ease against him was about closed, he asked permission to change his plea of not guilty to guilty on five of the counts...
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The administratrix with the will annexed of the Estate of George B. Clifford, deceased, has appealed from an order directing partial distribution of a legacy of $1,000 to the assignee thereof. George B. Clifford died testate in Napa County June 22, 1919. By the terms of his will a legacy of $1,000 was bequeathed to Sadie L. Morris. The will Vas admitted to probate in August, 1919. Letters of ad...
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Plaintiff brought suit for damages, alleging that he employed defendant to transport him and his goods by motor truck from San Lorenzo to Point Reyes in Marin County for a consideration of $20. He further alleged negligence in the operation of the truck, as the result of which he suffered bodily injury. These allegations were denied by the defendant. Later, upon motion, plaintiff filed an amendme...
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This proceeding in certiorari was instituted by petitioners who seek thereby to annul an award made by respondent Industrial Accident Commission in favor of respondent Mike Robles. The transcript of the testimony which was given before the referee of the respondent commission discloses that the following facts form the evidentiary basis for the award which is here sought to be annulled: Petit...
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It appears that, as grounds for an order by which their demurrer to the complaint in the above-entitled action would be sustained, the defendants specified not only that the complaint did not state facts sufficient to constitute a cause of action, but as well, that the alleged *140cause of action was barred by the provisions of subsection 1 of section 337 of the Code of Civil Procedure; and that t...
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The will of the deceased was admitted to probate. In this will the appellants, who are the heirs at law and next of kin of said deceased, were disinherited. They filed a petition to revoke the probate of the will upon the grounds: First, that the testatrix was not of sound mind at the time of the execution of said will, and secondly, that it was obtained by the undue influence of William Farwell a...
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The will of Lillie J. Miller, deceased, was admitted to probate. Thereafter James C. MacFarlane, William M. MacFarlane and Mary Manson, respondents herein, filed their petitions to revoke the probate of said will upon the grounds:, First, that, the said Lillie J. Miller was not of sound mind at the time of the execution of *158 said will, and secondly, that it was obtained by the undue influenc...
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Consolidated actions for damages wherein the trial court directed verdicts for the defendant. On February 25, 1934, plaintiffs Williams and Lorber— the latter then being Williams’ wife—boarded a motor-bus operated by defendant on and along San Pablo Avenue in Albany, Alameda County, for the purpose of being transported north to the intersection of this avenue with McDonald Avenue, which runs in...
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Appeal from a judgment of the Superior Court of Los Angeles County entered in favor of the defendants after an order sustaining demurrers to the complaint without leave to amend, in an action against an administrator and the sureties on his bond. *174Plaintiff Elkins and. plaintiff Cox, his assignee, sued defendant Bryson, administrator, and the sureties on his bond to recover the balance of plain...
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This is an appeal from an order granting, in part, plaintiffs’ motion for a new trial after judgment of nonsuit had been entered in favor of defendant. Plaintiffs alleged that defendant insurance company insured decedent Almon Clark Spencer, quoting from the complaint, “among other things, against sickness, and agreed, in the event of any such sickness, to pay to said decedent or his therein na...
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Upon appeal from a judgment admitting the will of decedent to probate in a contest instituted before probate, the judgment was affirmed by this court. (Estate of Marcus, 14 Cal. App. (2d) 254 [58 Pac. (2d) 385].) In its decision the court made no specific directions concerning costs on appeal, the general rule concerning costs being that “in all eases in which the judgment or order appealed fro...
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The plaintiff instituted this action to recover from the defendants damages for personal injuries sustained by him as the result of a collision which occurred between an automobile that he was operating and another automobile which was being operated by one Daniel Calvin Smith. It was alleged in plaintiff’s amended complaint that at the time of the collision Smith was acting as the employee and a...
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This is an appeal by Augusta Corum, one of the defendants, from an order requiring her to satisfy of record a judgment for costs on appeal. In this case, on March 1, 1934, the judgment was reversed by the Supreme Court and costs of appeal awarded the appellant Augusta Corum (220 Cal. 282 [30 Pac. (2d) 509].) Upon the return to the superior court of the remittítiur and after prop...
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Plaintiff and defendant were married in Los Angeles in 1921. Being unable tq live amicably as *218 husband and wife, defendant suggested to plaintiff that a legal and valid divorce could be obtained through the courts of Mexico easily and without publicity. To this, plaintiff agreed, and they together called upon an attorney in Los Angeles, where plaintiff and defendant had continuously resided...
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Defendant, under an indictment charging assault with a deadly weapon with intent to murder, was convicted by a jury of assault with a deadly weapon. Motions for a new trial and in arrest of judgment were denied, and the defendant sent to the county jail. Prom the judgment of conviction and from the orders denying the two motions, this appeal is taken. Several points are urged for reversal, the ...
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The plaintiff has appealed from a judgment of dismissal of the action which was rendered against it after general and special demurrers to the second amended complaint had been sustained without leave to amend. The complaint sought to set aside a final judgment in a previous suit (Graybeal Co. v. Cook, 111 Cal. App. 518 [295 Pac. 1088]) on the ground that it was procured by fraud and conspira...
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The Bank of America National Trust and Savings Association has appealed from an order of the probate court denying priority of its claim against the estate of Mary Stewart Smith, deceased, which obligation is represented by unsecured notes executed pursuant to a previous order procured under the provisions of section 1577a of the Code of Civil Procedure to carry on the farming and orchard busin...
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There are two appeals in this case: One, by the parties denominated the Conner claimants, from an order denying their motion to vacate the judgment of the court notwithstanding the verdict; the other, by the parties denominated the McGrew claimants, from the order granting the application of the Conner claimants for a new trial. Nettie Barton died in San Francisco December 2, 1933. Probate...
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This is an original proceeding for habeas corpus to secure release of petitioner from confinement under a warrant issued out of the police court of the city of Bakersfield. The warrant was issued upon a complaint containing five counts, each charging a violation of the license ordinance of that city. Pour of these counts allege separate daily violations of the following section of the license o...
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From a judgment in favor of the plaintiff the defendant has appealed. After the trial had been completed the plaintiff asked permission to file an amended complaint to conform to the proof. Having prepared that pleading and tendered it, he was given permission to file it. Later the trial court made findings in response to the pleadings then on file. The name of the insured is spelled differentl...
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We here consider consolidated appeals by the Red Top Cab Company and the Yellow Cab Company from a judgment entered in favor of plaintiff on account of her husband’s death in a traffic accident. The jury gave judgment also against Grant Halloway, driver of one of the automobiles involved, but he has not appealed. Red Top Cab Company claims that the evidence was not sufficient to support the jud...
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Plaintiff obtained a jury’s verdict in the sum of $5,000 to compensate for the wrongful death of Lim Duck Ning, alleged to have been caused by the negligence of defendants. The trial court granted the motion of defendants for judgment notwithstanding the verdict. Upon appeal the judgment was reversed with instructions to the superior court to enter judgment in accordance with the verdict. The fac...
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The plaintiff has given notice of appeal from the judgment which was rendered against him in a suit for damages for personal injuries sustained in an automobile collision which occurred at the intersection of Twenty-ninth and T Streets in Sacramento, and from the automatic denial of his motion for a new trial for failure on the part of the court to affirmatively pass upon the motion within sixty d...
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The petitioners sued for a writ of mandate to require the respondents to call a special meeting of the shareholders of the corporation under the provisions of section 313 of the Civil Code. An alternative writ of mandate and order to show cause was issued and return thereto made by the respondents Biggins and Kerrigan. The petition alleges that since August 27, 1932, the Whaling Company ha...
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An alternative writ of mandate was issued upon petitioner’s application because the court was in doubt whether the respondent was governed by the same rules of practice and procedure applicable to the Supreme Court and the District Courts of Appeal in relation to the method of placing causes on the calendar for hearing. The petition disclosed that the appellant, in a cause tried before the municip...
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This is an original proceeding in mandamus to compel vthe dismissal of an action under section 583 of the Code of Civil Procedure on the ground that the cause had not been brought to trial within five years from the time plaintiff filed his action. A motion to dismiss was duly made to the respondent superior court and denied *292 upon the ground that the cause was in fac...
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This is an action brought to recover damages on account of personal injuries received by plaintiff in an automobile accident. At the time of the accident in question the plaintiff, Sarah Arundel, was driving her Dodge automobile in a southerly direction along Main Street in Ocean Park. At the same time and place, the defendant, L. A. Turk, was driving his Durant automobile in a northerly directio...
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Jurors found in favor of defendants and against plaintiff in the latter’s action for damages for injuries suffered in an automobile accident. The court granted plaintiff’s motion for new trial upon the ground of insufficiency of the evidence to support the verdict, and defendants prosecute this appeal from such order. Where there is conflicting evidence it is within the discretion of the trial cou...
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tPl aintiff obtained a judgment against defendant for a deficiency upon a trust deed promissory note for the balance due, owing and unpaid after the application to the indebtedness of the proceeds of the trustee’s foreclosure sale of real property held as security. Defendant appealed and plaintiff thereafter filed his motion to dismiss the appeal or affirm the judgment. The note and trust dee...
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On and prior to October 18, 1934, L. C. Drapeau, State Building and Loan Commissioner, was engaged in liquidating the Union Building and Loan Association of San Francisco, having theretofore filed in the Superior Court of the City and County of San Francisco a declaration of his determination so to do under the provi*303sions of section 13.16 of the Building and Loan Association Act. (Stats. 1931,...
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Plaintiffs sued in quo warranto to determine the validity of the removal of the appellant as a member of the board of education of the city of Alameda. From an adverse judgment the appellant has appealed on the clerk’s transcript which includes a statement of facts upon which the case was tried. In conformity with the provisions of section 8% of article XI of the Constitution, the Alameda charter ...
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An alternative writ of prohibition was issued upon the petitioner’s application showing that, in an action foreclosing a chattel mortgage, the respondents made an ex parte order appointing a receiver without requiring the applicants for such order to give an undertaking. Section 566 of the Code of Civil Procedure provides that: “If a receiver is appointed upon an ex parte application, the court, b...
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At the time of her death on April 1, 1934, Clara Maude Reynolds owned 300 shares of corporate stock held by respondent Russell, Miller & Co., stockbrokers, as security for her indebtedness to them in connection with a margin account in her name. On April 8, 1934, special letters of administration issued to appellant Off, which letters provided that “Edward T. Off is hereby appointed special adm...
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Plaintiff sued in equity to set aside a sale under a deed of trust covering four parcels of real property. Findings and judgment were adverse to plaintiff, and she has appealed upon typewritten transcripts. Appellant states the question involved to be whether a sale is void where a single copy of the trustee’s notice of sale was posted upon but one parcel of the four parcels covered by the deed...
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This appeal is from a judgment in favor of the plaintiffs in an action for damages for personal injuries. Defendant was driving an automobile upon the streets of Los Angeles after dark. She drove through a boulevard stop, made a U-turn at such a rate of speed that all four wheels “squealed” and at the end of the turn she climbed the curb and ran down the plaintiffs who had been standing there tal...
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Both of the defendants were convicted of robbery. The jury also found against defendant Howard on the additional issue that he had a prior conviction in the state of Pennsylvania of the crime of larceny from the person, a felony, and had served a term of imprisonment therefor in a penal institution. The two appeals are from these judgments of conviction and from orders denying a new trial. The ...
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This is an appeal from a judgment denying petitioner’s application for a writ of mandamus to reinstate him as a duly appointed permanent highway patrol officer of the state of California in Plumas County, and to require the payment of his salary therefor subsequent to November, 1933. The petitioner was appointed on December 21, 1931, by the highway commission with the approval of the civil service...
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This is an appeal by plaintiff from an order sustaining a demurrer without leave to amend and from a judgment entered thereon in favor of defendants. The action was brought under the provisions of section 377 of the Code of Civil Procedure to recover damages for the wrongful death of plaintiff’s adult son. The complaint alleged that plaintiff was the mother of one Newton Evans; that the latter’s d...
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This is an appeal by plaintiffs from a judgment in favor of defendant entered after a general demurrer interposed by defendant was sustained by the court below without leave to amend. The gravamen of the complaint, containing three causes of action, is the charge of negligence on the part of defendant in driving his automobile so carelessly that the same upset, as the result of which plaintiffs, ...
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This is an appeal by the defendant from a judgment in favor of plaintiff made and entered on the verdict of a jury after trial, in which proceeding plaintiff recovered damages for injuries sustained by him through the alleged negligence of defendant. The facts, so far as germane to this appeal, are disclosed by the record to be that in 1934 and prior thereto appellant was engaged in the business ...
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Plaintiff and respondent in this action sued defendants John Crosetti and Frank Crosetti; father and son, of whom the latter alone is appellant, alleging in his complaint: “That . . . Frank Crosetti acting as agent of . . . defendant John Crosetti, . . . did wan*377tonly, recklessly, maliciously and unlawfully, then and there assault, beat and bruise the plaintiff ... to his damage in the sum of $...
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This appeal is on the judgment roll. The sole specification of error is that certain findings of the court are so conflicting, contradictory and irreconcilable that the judgment based thereon must be reversed. The action was brought by the heirs at law of George W. Hartford, deceased, for damages because of his death caused by the negligence of the defendants and respondents. The trial court fo...
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On January 11, 1935, John F. Peters, defendant and appellant herein, filed suit for divorce against his wife Olliva M. Peters, plaintiff and respondent herein, to whom he had been married for approximately twenty-five years, alleging acts of extreme cruelty. The divorce complaint also alleged the execution of a property settlement *384 between the two of them on January 4, 1935. The allegation ...
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Plaintiff is a niece of William A. Edwards, deceased, and the administratrix of his estate. She pre*389sented a claim against the estate for $5,000 alleged to be due for personal services rendered the decedent during the fifteen months immediately preceding his death, and the probate court rejected the claim. Thereupon she brought this action to collect it, and the trial court gave judgment for th...
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This is an appeal from a judgment in favor of plaintiff and against defendant as executrix of the will of Elizabeth B. Linikin, deceased, that was rendered in an action that was brought by plaintiff on a claim for services alleged to have been performed by her for and at the request of Elizabeth B. Linikin, and which claim, after having been duly presented for allowance to the defendant executr...
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In looking over the indictment I find that there are fourteen different counts. What the trial court will do in thirteen of those counts is *399 immaterial for our consideration; count fourteen charges conspiracy to commit a crime. . Section 182 of the Penal Code provides that a conspiracy to commit a crime is punishable and it states certain specifications of what are punishable: Specifica...
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Appellant, a shareholder of respondent corporation, brought this action, predicated upon the provisions of section 345, Civil Code, for himself and in behalf of other shareholders, against respondent corporation and its' officers seeking an injunction against defendants to restrain them from performing five different kinds of functions which respondent corporation and its officers contemplated ...
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Plaintiff sued the special administrator with general powers of the estate of her deceased former husband, for the value of certain personal property alleged to have been converted by the decedent, after plaintiff’s divorce from him and the execution of a property settlement agreement by which certain personal property was divided between them. Plaintiff had judgment against the special administr...
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Plaintiffs obtained judgment against defendant for $10,921.56, representing principal, interest and attorney’s fees upon a promissory note executed and delivered by defendant to plaintiffs. Originally the note was secured by a second deed of trust upon real property, but the security was lost before the commencement of the within action by foreclosure of a first deed of trust upon the same propert...
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Under the provisions of the Alcoholic Beverage Control Act (Stats. 1935, chap. 330) beer and wine licenses of petitioner and respondent were revoked by the State Board of Equalization on February 18, 1936, upon recommendation of its investigator and representative. Written notice of such revocation was given to respondent February 21, 1936. Thereafter and within the time provided by the act respo...
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This is an appeal from an order purporting to dismiss an indictment. The defendants have interposed motions to dismiss the appeal. We will first consider the order purporting to dismiss the indictment. After title of court and cause, the indictment is as follows: “Conspiracy to Violate Section 531 of the Penal Code of the State of California. “The said defendants, John Gainfort, Isabel Gainfort an...
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This is an appeal from a judgment in favor of defendant notwithstanding the verdict after the *427 jury had returned a verdict in favor of the plaintiff. The sole question necessary for determination on this appeal is whether the trial court erred in holding the plaintiff guilty of contributory negligence as a matter of law under the facts hereinafter stated. The defendant and...
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Plaintiff sued for declaratory relief under the provisions of section 1060 of the Code of Civil Procedure but was denied such relief under the provisions of section 1061 of the same code. This appeal questions the propriety of the court’s refusal to grant the requested relief. The issues and facts are few and simple as will appear from the following synopsis of the pleadings and evidence. ...
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On November 8, 1927, respondent as plaintiff filed action against Eagle Rock State Bank, hereinafter referred to as “bank”, predicated upon the refusal of the bank to account to respondent for $7,000, which it was alleged was due from bank to respondent. The action proceeded to trial, and judgment was entered against respondent. An appeal was taken therefrom, whereupon the judgment was reversed, a...
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This action is one for personal injuries arising from an accident which occurred at the intersection of Wilshire Boulevard and Tenth Street in the city of Santa Monica, on October 7, 1932, at or about 6:20 P. M. At the time of the accident defendant Herndon Ryon, who was then a minor, was driving an automobile in a westerly direction on Wilshire Boulevard, north of the center line thereof, appr...
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This is an appeal by defendant Alynette Bateman from a judgment for damages caused by the levy of an execution upon the property of plaintiff herein, who was not the judgment debtor. The only question involved is the sufficiency of the evidence to support findings as to various items of damage making up the total sum of the judgment for $127. McPheeters owned a restaurant in San Luis Obisp...
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Plaintiffs and respondents are the children of Claude A. Yinther, now deceased. Said deceased on December 11,1930, entered into a contract with defendant, insuring himself against sickness and accident, in consideration for which policy of insurance, deceased paid quarterly premiums in a stipulated amount. The contract of insurance by its express terms provided that the next quarterly premium d...
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The defendant was convicted upon several counts of embezzlement under section 424 of the Penal Code and he appeals from the judgment and from an order denying a motion for a new trial. One of his contentions is that there was no evidence to support the allegation in the indictment that the defendant was a “duly and regularly appointed, qualified and acting person charged with the receipt, safe-...
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Prior to November, 1921, defendant The Terminal Development Company, whose name was then Los Angeles Market Company, a corporation, owned a twenty-year ground lease on certain property in Los Angeles. This corporation was controlled by the Southern Pacific Company, who was represented by Roy C. Seeley in negotiating with the post-office department of the federal government to lease the property f...
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Plaintiffs, as apartment owners in an “own-your-own” apartment building, filed their ‘ Complaint for Damages for Fraud and Usury”. They attempted to bring *139 the action for the benefit of all of the apartment owners. The complaint and attached exhibits are very voluminous, covering 170 pages of the clerk’s transcript. In the first count, plaintiffs attempted to set forth a cause ...
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The parties hereto are sister and brother. After the death of their mother the plaintiff recorded deeds purporting to convey the mother’s property to her. This defendant and another brother started proceedings to establish their right to a two-thirds interest in the properties conveyed. A compromise was effected and on November 23, 1928, the three children of the deceased executed an agreement wh...
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The plaintiff commenced an action against the defendants to have a trust in certain lands declared in her favor. The defendants answered. A trial was had before the court sitting without a jury. The court made a decree as prayed and one of the defendants has appealed. On November 7, 1904, the Alamitos Land Company owned a large tract of land in the county of Los Angeles. On that date it execute...
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This action was brought to recover for certain seed used by the defendants as copartners and for certain services performed for the partnership by Leon Lopez, both of these claims having been assigned to the plaintiff. It fully appears that the defendants, as copartners, were carrying on certain farming operations during the year 1932, and it is not disputed that the seed was furnished and the wo...
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From a judgment awarding damages against them in an action founded on fraud and deceit, the defendants have appealed. The alleged fraud and deceit arose out of a purported sale of a second-hand truck and trailer. Other facts will he stated as the separate points are taken up. (1) In paragraph V of his complaint the plaintiff alleged that he relied on the false statements made to him. In paragraph ...
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Plaintiffs sued to rescind a promissory note and deed of trust and had judgment. The two corporate defendants alone appeal, but, since the Federal Finance Company is the real party in interest pressing the appeal, we will refer to it herein as the appellant. On February 25, 1931, plaintiffs executed and delivered to defendant Curtin a promissory note in the sum of $12,000 secured by a deed...
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— This action was prosecuted under the provisions of section 1060 of the Code of Civil Procedure for the purpose of obtaining declaratory relief. The real purpose of the action was to obtain a judicial interpretation of paragraph IV of a certain contract. The contract was signed by all of the parties to this action, and the paragraph in question is in the following words: “That the executor of ...
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Plaintiff sued the three members of the Fish and Game Commission and three deputy fish and *187 game commissioners to recover the value of salmon illegally confiscated and earnings lost because threats of arrest and further confiscations prevented him from following his occupation of deep-sea fishing. I. Zellerbach, one of the commissioners, and the three deputies answered. Plaintiff recovered ...
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This is an action for damages based upon the alleged breach of an agreement to pay a debt secured by a trust deed of real property. The demurrer of defendant Charles R. Rogers to the amended complaint, upon general and special grounds, was sustained without leave to amend. From the resulting judgment in favor of said defendant, plaintiff appeals. Charles R. Rogers Productions, Inc., a corporati...
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Defendant was charged in an information with .the crime of attempted murder of Joseph E. Walsh. She was found guilty by a jury and appeals from the judgment and from the order denying a new trial. Defendant and Walsh had livéd together for a period of about two years prior to August 30, 1935, except during the last two months of this period. About 6 o’clock in the evening of August 30, 1935, Wals...
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This is an appeal by plaintiff from a judgment in favor of defendant after the trial court sustained a demurrer to plaintiff’s second amended and supplemental complaint without leave to amend. The complaint as amended alleged the execution of a trust deed as security for the payment of a promissory note and that the creditor and trustee named in the deed of trust were one and the same person; and ...
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Judgment was entered in favor of defendants after the return of a verdict in their favor and plaintiff appeals from the judgment and from the order denying his motion for a new trial. Defendant Ingersoll was driving an oil truck owned by defendant Shell Oil Company south along Ramona Boulevard near its intersection with Townsend Street. Plaintiff was driving a truck north on Ramona Boulevard. In ...
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Petitioners seek to have annulled an award of the Industrial Accident Commission in favor of respondent Benjamin Higashi. Higashi, with another employee of the petitioners, was assisting one of the petitioners in washing the wheels of a truck preparatory to repainting the same. In doing this work a small can of gasoline had been used and small quantities of gasoline had been spilled on the pave...
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Defendants Lerner and Russo (appellants) together with defendants Traney and Criswell were charged with robbery and were convicted of robbery in the second degree. This is an appeal from the judgments and the orders denying motions for new trial. Appellants first contend there is an insufficiency of evidence to sustain the judgments against .them. We find, however, that there is substantial eviden...
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This appeal is from an order settling the final account of Ida Blum as executrix of the last will and testament of Harris Ginsberg, deceased. The order, of which the executrix, appellant herein, complains, directs her to amend her account as filed and include therein the principal and accrued interest received from an alleged joint tenancy account opened by deceased in his lifetime in whic...
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Plaintiff brought this action to recover taxes paid to defendant under protest which taxes were levied for the benefit of the Belvedere Fire Protection District organized under Statutes 1923, chapter 191. Judgment was entered in favor of defendant and from said judgment, plaintiff appeals. Plaintiff states that the gist of the complaint is to the effect “that no benefit is or could be derived b...
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Appeal by defendants from a judgment after verdict in an action for damages resulting from an automobile collision. Plaintiffs are the heirs at law of Homer C. Parrett, deceased, whose death resulted from a collision between an automobile operated by Warren A. Rix and owned by Lenore Y. Rix, and an automobile owned by defendant M. A. Newmark & Co. and being operated by defendant Archibald D. Ca...
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The defendant was convicted of the crime of issuing checks without sufficient funds, having the intent to defraud under section 476a of the Penal Code. The allegation of the information was that the defendant with intent to cheat and defraud Dan O’Neill and Security-First National Bank drew the check upon the Security-First National Bank, The appeal is from a judgment of conviction and from the o...
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The respondents have moved to dismiss this appeal on the ground that the issues which are presented thereby have become moot. In a suit which was pending in the Justice’s Court of Stockton Township, entitled Rossi v. Hild, a judgment for the sum of $350 and costs was rendered against this petitioner. On the theory that the judgment was void for lack of jurisdiction a writ of mandamus was subsequen...
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Thisis an appeal from a judgment which was made pursuant to section 452 of the Probate Code revoking the letters of administration previously issued to Ida May Howell, the sister of George E. Purcell, deceased, and granting letters of administration of his estate to Harriett J. Jones, the daughter of said deceased. In effect the court found that Harriett J. Jones was the illegitimate daughter of t...
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The defendants have appealed from separate judgments of’conviction of the crime of assault with a deadly weapon with intent to commit murder. They were jointly charged in two counts of an information, first, with a conspiracy to commit murder, and, second, with an assault with a deadly weapon with intent to kill Beer Singh, a human being. They were jointly tried. At the trial, on motion of the ...
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This is an appeal by: A. Defendant Morris A. Kurstin from a judgment in favor of plaintiff for damages in the sum of $4,697.50 after a trial before a jury; B. Defendant Bernice Kurstin from an order granting plaintiff a new trial on the issue of damages solely. Viewing the evidence most favorable to plaintiff (Ah Gett v. Carr, 3 Cal. App. 47, 48 [84 Pac. 458...
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The complaint in this action was against Silveria and Serpa, a copartnership, and defendants Silveria and Serpa, the partners constituting the firm, to recover a firm debt alleged to be in the sum of $1993.45. All the defendants, including the firm as an entity, joined in a general demurrer, which was overruled. An answer was then filed by the individuals mentioned, denying the allegations of t...
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Plaintiffs seek by this action to hold the defendant Meyer Rosenberg, Inc., liable for the payment of a money judgment previously obtained by plaintiffs against the defendant Meyer Rosenberg, individually, upon the ground that said corporation is the alter ego of Meyer Rosenberg, individually. At the time of the commencement of the action they secured a writ of attachment which they ...
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The defendant has appealed from a judgment in favor of the plaintiff and against the defendant, enjoining the latter from interfering with the sale of certain oil and gas contracts. Some time prior to the year 1932, William L. Brewer and his associates became interested in the development of oil wells in Glenn County. They obtained numerous leases. Thereafter they caused the plaintiff corp...
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This is an appeal from a judgment in favor of respondent after a trial before a court without a jury. *284Appellant has failed in his opening brief to present each point separately under an appropriate heading, showing the nature of the question to be presented and the point to be made. (See. 2, Rule VIII, of the District Court of Appeal.) Mr. Justice Conrey in Adams v. Standard Accident Ins. Co.,...
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— Plaintiff was the owner and patentee of a well-casing protector, and on December 2, 1927, he entered into a contract with defendants, Patterson and Ballagh, by the terms of which he granted to them the exclusive license to manufacture, use, and sell said patented article. Thereafter, in 1928, the said Patterson and Ballagh sold, assigned and transferred all their rights as licensees under said c...
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This is an appeal by the defendant from a judgment entered upon the verdict of a jury awarding plaintiff the sum of $4,000 for personal injuries suffered on the premises of defendant. A number of points are urged in support of the appeal, namely, that the judgment is not sustained by the evidence but is contrary thereto; that the trial court erred in denying defendant’s motions for nonsuit...
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Plaintiff sued defendants Fred Nelson and N. J. Nelson (as John Doe) for damages for personal injuries alleged to have been caused him by an automobile while it was being negligently operated by Fred Nelson with the permission of the owner N. J. Nelson (John Doe). A jury returned a verdict of $3,250 which the court reduced to $2,000 and plaintiff filing partial satisfaction defendants appealed fr...
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This is an appeal by appellant from a judgment of nonsuit entered against her in an action for alienation of affections. The judgment of nonsuit entered on the court’s own motion was granted on the ground that the evidence adduced by appellant impelled the conclusion that her action was barred by the statute of limitations, appellant having failed to file the same for more than one year after the ...
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This appeal results from a judgment for plaintiff entered upon a verdict of a jury in an action to recover damages for personal injuries suffered by plaintiff, a minor of the age of ten years, arising out of a collision between plaintiff, a pedestrian, and defendant’s automobile at or near the intersection of Vermont and Florence Avenues in the city of Los Angeles, at 7 o ’clock on the evening of ...
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Appeal from a judgment entered in favor of defendants after orders striking out plaintiff’s amended complaint and sustaining demurrers thereto. By his amended complaint, which we will call the complaint, plaintiff alleged facts which may be summarized as follows: Defendant Lucille Barry, as executrix of the estate of Adelaida Bermudes de Barry, deceased, pursuant to an order of court authorizin...
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By this proceeding petitioner seeks judicial determination that his salary as justice of the peace of El Monte Township should be at the rate fixed by an ordinance of the Board of Supervisors of Los Angeles County for townships having over 30,000 population. The trial court sustained, without leave to amend, a demurrer of the Board of Supervisors to his petition for a writ of mandate, and this app...
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The plaintiffs in separate actions sued the defendants for damages on account of personal injuries sustained by them in a collision between a motorcycle, which was being driven by plaintiff Engle and on which the plaintiff Nix was riding as a passenger, and an automobile, which was owned by defendant Woodworth and which was being operated by defendant Henning with the permission of defendant Woodw...
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This is an appeal from a judgment entered against the plaintiff after an order sustaining a demurrer to plaintiff’s complaint without leave to amend. It is alleged in the complaint that the plaintiff and defendant were formerly husband and wife and that during the period of their marriage they acquired a ninety-nine year interest in certain real property known as the “market lease”; that subseq...
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In an action for declaratory relief plaintiff had judgment, and the defendant Federal Building and Loan Association has appealed on a bill of exceptions. On May 15, 1930, the appellant received from one Dery his promissory note in the sum of $6,500 secured by a deed of trust upon certain real property. On the same day these parties entered into a “building loan” contract whereby the association...
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This action arises out of a collision between the automobiles driven by Loman C. Adams, plaintiff and respondent, and Henry E. Warren, defendant and appellant, on Telegraph Road near the city of Los Angeles, in the nighttime on August 18, 1933. The case was tried before a jury, and a verdict for the sum of $30,000 was returned in respondent’s favor. The evidence shows that respondent was operat...
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In a suit for damages for wrongful death, jurors rendered their verdict against plaintiffs (appellants), widow and children of a pedestrian killed when struck by an automobile owned and driven by defendant. The evidence, appellants urge, is not only insufficient to support the verdict in favor of respondent, but is such that the verdict should have been for appellants. Without here recounting the ...
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In these two eases, consolidated for trial, plaintiff, an aged widow, recovered judgments for the return of certain properties which she had transferred to her daughter and granddaughter. The transfers were made, it was alleged, because of the coercion and insistence of the transferees and upon representations that if such conveyances were not made "other persons” would seize said properties. It ...
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This is a motion to dismiss the appeal or affirm the judgment. We have frequently held that such a motion should not be granted where it appears, after examination of the opening-brief and the papers filed in support of the motion, that the case cannot be decided without examining the entire record. (Brown v. Gow, 126 Cal. App. 113 [14 Pac. (2d) 322]; Ross v. Mahoney, 134 Cal. App. 199 ...
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The petitioner seeks his release from custody on a writ of habeas corpus. He was charged with the commission of three separate felonies and pleaded guilty to each charge. His application for probation was granted, the same to run concurrently on all three charges, and he was placed on probation for three years beginning August 16, 1935, with the condition that the first sixty days of that perio...
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Appellants, as plaintiffs, sued respondents for damages because of fraudulent representations made to them by respondents, inducing them to purchase a lot from the Security-First National Bank, acting in its capacity as administrator with the will annexed of the estate of Lepper, hereinafter referred to as “bank”. The respondents Carder and Los Angeles Mountain Park Company, hereinafter referred t...
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Judgment was rendered in favor of defendant upon his pleas that the statute of limitations barred plaintiff’s action and that the matter had been previously adjudicated between the parties. *371Plaintiff filed her complaint on May 19, 1933, in which she alleged that an agreement had been entered into between herself and defendant on or about July 29, 1925, whereby plaintiff would permit defendant ...
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Plaintiffs and the individual defendants, other than defendants Berry, Siler and Gwin, who will hereinafter be referred to as the “associates”, became associated together for the purpose of purchasing a theater building in the city of Whittier owned by defendants Berry. Defendants Siler and Gwin were the owners of the equipment of the theater. The associates designated one of their number, defenda...
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In 1933 and 1934 defendant corporation operated a gold mine in Yuba County. Plaintiff, a laborer at the mine, brought this action to. recover wages earned by himself while working for defendant as a miner, and also as assignee of seven others who likewise had been employed by defendant. The complaint set forth these demands in the language of the common count and the decision being in favor of pla...
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This is an appeal from an order denying a motion to annul, vacate and set aside a judgment and commitment. The defendant and appellant was tried upon an information charging the crime of “burglary in the first degree”. The jury found the defendant guilty of “burglary in the first degree”, and upon that verdict judgment was entered on March 9, 1935, and the defendant was duly committed to the st...
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Respondent, plaintiff in this action, was employed by appellant as its sales manager under a written contract of employment for a term of one year from January 1, 1930, to December 31, 1930, at a fixed monthly salary plus a bonus. In December, 1930, a change was made by the corporation in its executive personnel, and a Mr. Col-year, vice-president of the corporation, was apparently substituted as...
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This is an appeal from a judgment in favor of respondent after a trial before a court without a jury. Appellant has not observed the provision of Rule VIII, section 2, of this court, which requires that the question involved on appeal in a civil action be set forth on the first page of the opening brief without any other matter appearing thereon. (Rule VIII, sec. 2, p. 10, Rules of the Supreme Cou...
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Appeal from a decree settling a third and final account and of final distribution. The controversy arises over the shrinkage in the value of an estate due to the depression, and drought in the state of Nevada, where the greater part of the estate was situated. No fraud is charged in the administration. The facts showed that decedent Jennie C. D. Meyer was the daughter of one William Dunphy, dec...
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In an action brought to quiet title and to recover damages the trial court granted a motion for a nonsuit against the plaintiffs and made findings in favor of Guaranty Liquidating Corporation, the intervener, quieting its title. From the judgment entered the plaintiffs have appealed. *421 Heretofore one Fields sold and conveyed to Osear L. Bishop certain acreage in Los Angeles County which wa...
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Defendants were convicted by a jury of robbery in the second degree. It appears from the evidence that the victim met the two appellants in a cafe one evening and, after a few rounds of drinks there and elsewhere, while walking down San Pedro Street the three of them went into an alley. One of the appellants threw his arm around the victim’s neck and the other assaulted him; at this point he was r...
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Appellant was found guilty by the jury of four counts of robbery and one count of kidnaping for the purpose of robbery. Present counsel were thereafter substituted, who now prosecute this appeal. At the outset, it should be noted that appellant’s brief contains the following: “We submit that, although there is no single incident of error which, of itself would' require a reversal, yet if, upon a c...
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The decisive question involved in this appeal is, whether the court abused its discretion in refusing plaintiff’s motion to strike out certain portions of the complaint. It is well settled that this question is one which addresses itself to the sound discretion of the trial court. There is nothing in the record which reveals that such discretion was abused. The complaint, with or without the porti...
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Plaintiff sued for damages for false imprisonment and had a verdict for $1500 against all the defendants. Since there was no evidence even remotely connecting the defendant Morelli with the incident, the trial court granted him a new trial. The other defendants have appealed from the judgment on the verdict. Plaintiff entered a store operated by the corporation in South San Francisco, gath...
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From the record herein it appears that the judgment upon which the instant appeal is predicated was rendered by the trial court pursuant to an order of dismissal of an action that was brought by a statutory receiver of an insolvent Nebraska bank against one of its stockholders to recover a judgment against him.because of his statutory liability as such stockholder. It also appears that the orde...
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This appeal grew out of a dispute over a boundary line fence separating the property of plaintiffs and defendants. Plaintiffs owned a lot 150 feet square situated in the northeast corner of a block in the city of Alturas. Defendants owned a lot immediately to the south of the lot of plaintiffs, and also owned a strip or corridor seven feet wide and one *439 hundred and fifty f...
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Action to foreclose chattel mortgage. Plaintiff had judgment of foreclosure, from which judgment the defendants and interveners appealed. *444 The record shows that on the 11th day of September, 1924, the defendants executed and delivered to the plaintiff a chattel mortgage to secure the payment of two promissory notes, one for the sum of $1500, due six months after date, and one ...
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This is an action to cancel two leases executed by .John Josi anBwartzbaugh, as lessor, to Sam A. Sampson, as lessee, of two adjoining parcels of land in Orange County. A motion for nonsuit was granted at the close of plaintiff's case and this appeal followed. Defendant Swartzbaugh and plaintiff are husband and wife. They owned, as joint tenants with the right of survivorship, sixty acres ...
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Plaintiff was injured while alighting from an automobile standing at the bottom of a hill on Sacramento Street in San Francisco when another automobile belonging to the defendant Peter Dewes, which had been parked at the top of the hill, rolled driverless and unattended down the hill, and at a rate of speed estimated between thirty and .forty miles an hour crashed into the automobile from which pl...
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Appeal from an order refusing to discharge an attachment. The action is on a note secured by a mortgage on real property. The original complaint on the note alleged the giving of the mortgage to plaintiffs and that as of the date the complaint was filed the amount of an encumbrance prior to that of plaintiffs was in excess of the value of the real property and hence that as of that date pl...
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This is an appeal on the judgment roll alone from a judgment in favor of defendant after a trial before a court without a jury. September 21, 1927, Joseph Stuart Reyburn and Rose B. Reyburn, husband and wife, entered into a property settlement, dividing their property and agreeing that they would not revoke reciprocal wills which they had executed on the *477 same date. Thereafter the parties...
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This is an appeal on the judgment roll alone from a default judgment entered in favor of plaintiff. The complaint alleged that on September 21, 1927, Joseph Stuart Reyburn and Rose B. Reyburn, husband and wife, entered into a property settlement, dividing their property and agreeing that they would not revoke reciprocal wills which they executed on the same date. Thereafter the parties were divorc...
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These two cases, consolidated for hearing upon appeal, involve the sole question of the legal correctness of the ruling of the lower court in each ease granting a motion to dismiss and entering a judgment of dismissal upon the ground that said actions had not been brought to trial within five years after answers filed. Inasmuch as precisely the same question is involved in each case, the only dif...
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11 Cal. App. 2d 484 (1936) CHARLOTTE MALLMAN et al., Appellants, v. AMY B. KNEEBEN et al., Respondents. Civ. No. 10001. California Court of Appeals. First Appellate District, Division Two. January 29, 1936. J. B. Joujon-Roche for Appellants. *485 Swanwick, Donnelly & Proudfit and Tom W. Henderson for Respondents. Spence, J. This was an action to quiet title to certain property in Los A...
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Petitioner asks for a writ of supersededs to restrain the enforcement of a mandate of the superior court permitting the inspection of its corporate records. The proceeding below was instituted by a shareholder after demand and refusal, and followed the procedure outlined in section 355 of the Civil Code. An alternative writ of mandamus was issued when the complaint was filed, and on the ret...
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The plaintiff, Ernest Richter, sued the defendant, Mrs. Irene A. Neilson, for malicious prosecution, and upon trial before the court sitting without a jury was given judgment for damages in the sum of $1150, from which judgment defendant appeals. The action grew out of plaintiff’s arrest on a grand theft charge filed against him on May 6, 1932, by the defendant after consultation with a deputy ...
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Plaintiff sued for damages for personal injuries, and defendant had judgment. The appeal is on a bill of exceptions. *518The plaintiff and another were riding as guests of the defendant in the latter’s automobile when it struck a truck at an intersection. The plaintiff was injured, and his companion was killed. All three were on what may be called a drinking party. They purchased some whiskey at B...
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This is an appeal from an order amending a bill of exceptions in Reposa v. Pearce, No. 9829 (ante, p. 517 [54 Pac. (2d) 475]). The amendment was made to include the original statements of indebtedness included in the plaintiff’s claim for special damages. Because of the judgment in the main case holding that plaintiff was not entitled to any damages, the question raised here has become moot. For t...
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11 Cal. App. 2d 521 (1936) HELEN ST. JOHN McBRIDE, Appellant, v. OPAL A. McBRIDE, Respondent. Civ. No. 9886. California Court of Appeals. Second Appellate District, Division One. January 30, 1936. Burke, Hickson, Burke & Marshall and Daniel G. Marshall for Appellant. George L. Flagg for Respondent. Shinn, J., pro tem. Appeal from a judgment of the Superior Court of Los Angeles County i...
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11 Cal. App. 2d 525 (1936) WILLIAM F. SCHULTHEISS, Appellant, v. LOS ANGELES RAILWAY CORPORATION (a Corporation), Respondent. Civ. No. 9034. California Court of Appeals. Second Appellate District, Division One. January 30, 1936. J. Edward Keating and Theodore E. Bowen for Appellant. Gibson, Dunn & Crutcher and E. H. Chapman for Respondent. White, J., pro tem. This is an appeal by the p...
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Defendant appeals from an order of the superior court setting aside a judgment of dismissal of plaintiff’s action. A demurrer to the second amended complaint was sustained with leave to amend within ten days. Upon the failure of plaintiff to amend within the time allowed a judgment of dismissal was entered upon application of defendant. A motion to set aside the judgment of dismissal was made und...
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Action begun for money had and received. Defendant had judgment and the plaintiff appeals. The complaint in this action (omitting the title and the prayer) contains three paragraphs, as follows: “I. “That within two years last past, in the County of Yolo, State of California, defendant above named became indebted to plaintiff above named in the sum of Fifteen Hundred Dollars ($1,500.00) on account...
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Plaintiff, who formerly was Blanche E. Green, is the daughter of Lottie L. Martin, deceased, who was formerly Lottie L. Green. A. D. Green, the father and husband of the two, died leaving them as his heirs. On September 2, 1926, the daughter and the mother entered into a written contract whereby the daughter sold her interest in the estate to her mother for $20,000, payable $500 cash, and the bal...
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11 Cal. App. 2d 540 (1936) O. P. GOODALL et al., Respondents, v. PERRY BRITE et al., Appellants. Civ. No. 1761. California Court of Appeals. Fourth Appellate District. January 30, 1936. Thomas Scott, District Attorney, W. A. McGinn, Assistant District Attorney, and Borton & Petrini for Appellants. G. Leroy Johnson, Nutter & Rutherford and Stephen Dietrich, as Amici Curiae on Behalf o...
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11 Cal. App. 2d 554 (1936) PHILIP KARZ, Respondent, v. DEPARTMENT OF PROFESSIONAL AND VOCATIONAL STANDARDS, REGISTRAR OF CONTRACTORS OF THE STATE OF CALIFORNIA, et al., Appellants. Civ. No. 9738. California Court of Appeals. Second Appellate District, Division One. January 30, 1936. U.S. Webb, Attorney-General, and Eugene M. Elson, Deputy Attorney-General, for Appellants. Charles J. Katz and...
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11 Cal. App. 2d 560 (1936) THE PEOPLE, Respondent v. SALVADOR ANNINO, Appellant. Crim. No. 1868. California Court of Appeals. First Appellate District, Division One. January 31, 1936. No appearance for Appellant. U.S. Webb, Attorney-General, and Seibert L. Sefton, Deputy Attorney-General, for Respondent. Knight, J. The defendant appealed from a judgment of conviction of rape, after having...
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Plaintiffs sued to foreclose a mortgage on real property executed by defendant Meissner. The defendants Ramsey, husband and wife, were joined upon allegations that they claimed some interest in the realty unknown to plaintiffs. At the trial a deficiency judgment was waived against Meissner, and a decree of foreclosure was entered. The note was executed on May 12, 1925, payable on May 15, 1928. The...
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On December 21, 1931, the Title Guarantee and Trust Company sued Sarah Stabler and Marion Herron in action No. 332623, Superior Court of Los Angeles County, and in connection with such action levied an attachment on the property of Marion Herron. The court found for the defendant Marion Herron on the basis of which this action for damages for malicious prosecution was commenced December 7, 1934. ...
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This is an appeal from a judgment in favor of respondent entered after the trial judge granted a motion for judgment on the pleadings. The conceded facts are: March 10, 1930, defendants J. W. and Francis Irene How-land deeded certain premises to Omar M. Pence, subject to a mortgage executed by said defendants in favor of respondent securing the payment of a note due November 7, 1931. September ■ 2...
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Lewis S. Hart (also named as Louis S. Hart) has appealed from an order denying his application for an order directing the receiver in this action to pay him auctioneer’s commissions in the sum of $1500 to satisfy an asserted lien on the proceeds of a sale of personal property which is involved in this suit. It is claimed this lien was created by a contract of employment which the appellant had ...
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The defendants have appealed from judgments of conviction on several separate counts of an indictment for grand theft, conspiracy to commit a crime under section 182 of the Penal Code, and for violation of the Corporate Securities Act in issuing and selling to various named individuals certificates of interests in an oil and gas lease without securing from the corporation commissioner of Califo...
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— Plaintiff furnished to defendant Bert L. Perry, Inc., a subcontractor, materials to be used in a building constructed for defendant S. H. Kress & Com*593pany, as owner, by defendant Clinton Construction Company, as general contractor. Defendant Perry failed to pay for such materials and was adjudicated a bankrupt. Plaintiff thereupon filed suit to foreclose his mechanic’s lien and recovered judg...
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11 Cal. App. 2d 594 (1936) ELMER J. CRIDER, Respondent, v. EMMA B. CRIDER, Appellant. Civ. No. 10802. California Court of Appeals. Second Appellate District, Division Two. February 3, 1936. Charles E. Hobart for Appellant. Earl A. Everett for Respondent. Gould, J., pro tem. Defendant appeals from an order permitting her divorced husband, plaintiff herein, to have the sole custody of their ...
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Robert Woodmansee, Sr., and wife have appealed from a joint judgment which was rendered against them and their minor son Robert for injuries sustained by the plaintiff in an automobile casualty which occurred while the son was driving their machine without their knowledge and contrary to their positive command. At the time of the *597 accident the son held a driver’s license which was issued wi...
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The appellant was convicted in the Superior Court of Sonoma County of felonies, to wit: Assault and burglary in the second degree. The transcript on appeal was filed in this court January 3, 1936. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on February 3, 1936. No appearance was made for appellant at the time the case was called ...
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Defendant was convicted of the crime of grand theft. He has appealed from the judgment of conviction and the order denying a new trial. Appellant seeks a reversal upon the grounds that there was a material variance between pleading and proof; that the trial court erred in admitting evidence of a different offense; that the evidence is insufficient to sustain the conviction on the offense char...
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This is an appeal from a judgment after conviction of the crime of murder, and from the order denying appellant’s motion for a new trial. To the charge of murdering one Jennie Curley appellant interposed his pleas of not guilty and not guilty by reason *611 of insanity. By the verdict of the jury appellant was found guilty of murder in the first degree, with a penalty of life imprisonment, an...
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George Glantz was employed as a metal' worker by H. E. Jaynes & Son whose compensation insurance carrier was the petitioner. About July 21, 1932, Glantz suffered an injury to his left wrist. This injury occurred in the course of, and grew out of, his employment. Glantz thought he had sprained his wrist, had it bound with tape and continued with his work. He was not incapacitated for work for a ...
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Krist Gudnason was an extensive dealer in women’s wash dresses which were made up for him by shops in San Francisco and Oakland from pattern materials furnished by him. Elsie Tuck, a Chinese, operated a small hemstitching and dressmaking shop in Oakland, working for no person in particular. Gudnason had her fabricate some dresses, patterns for which he furnished, and was so pleased with her workm...
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The decisive question presented by this appeal is whether plaintiffs’ claims for personal injuries suffered as a direct consequence of the negligence of defendant and respondent City of Los Angeles were duly presented in accordance with sections 363 and 376 of the city charter of the City of Los Angeles and Act No. 5149 of Deering’s General Laws, in order to comply with the conditions precedent ne...
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This was an action to quiet title to certain real property in which the court found in favor of defendants. Ebenezer Hopkins conveyed to Sallie Hopkins, his wife, in the following language a life estate in the property in ques *636 tion, with remainder over “unto the party of the second part (Sallie Hopkins) a life estate with remainder in fee to David Charles Hopkins and Mary Litten, nee Hop...
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11 Cal. App. 2d 638 (1936) GERALDINE RODE, Respondent, v. VIOLA G. ROBERTS, Appellant. Civ. No. 9929. California Court of Appeals. First Appellate District, Division Two. February 6, 1936. James F. Hoey and Warren Cunningham for Appellant. Thomas M. Carlson, Robert Collins and Orlin J. Bell for Respondent. Sturtevant, J. While riding as the guest of her aunt, the defendant, in an automobil...
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This is a petition for a writ of mandate against the Superior Court, Judge Parker Wood presiding, to require it to enter the default of certain defendants. Section 411 of the Code of Civil Procedure provides how summons must be served and the petitioner relies upon subdivision 6 thereof which reads as follows: “6. Suit against corporation whose charter forfeited. In all cases where a corporatio...
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Defendants appeal from a judgment against them in the sum of $6,798.79, rendered in an action to recover 50 per cent of the cost of certain oil well casing. A contract was made on May 8, 1929, by defendants, as lessors, and P. M. Barkwill and E. L. Howard, as lessees, whereby the lessees agreed to drill an oil well on the property of the lessors. The lease contained the following provision: “In...
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This is an appeal by the plaintiff from a judgment of nonsuit. Defendants Aldous were general contractors in the construction of a building in Los Angeles and defendant Knox was their general superintendent of construction. The plaintiff was an employee of the Cement Gun Construction Company. The general contractors sublet a contract to the Cement Gun Company to put a gunite finish on a certain o...
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This is an action for damages for conversion of certain capital stock in a corporation based upon the theory that the defendant converted certain shares of its own capital stock by refusing to complete a transfer of these shares as requested by the plaintiff, who presented the certificates signed by the record owner thereof and demanded that they be transferred and new certificates issued in his n...
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Plaintiff brought this action to recover damages for personal injuries received by him as the result of the negligent operation by defendant Joe Brasesco of an auto truck owned by the defendant James Lane. The jury returned a verdict awarding plaintiff damages against defendant Brasesco-in the sum of $5,000 and against defendant Lane in the same amount. Upon plaintiff’s motion the court granted...
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This is an appeal from a judgment in an action to cancel and rescind two contracts for the sale and purchase of real property, and to recover the money paid by plaintiff on account of the purchase prices. The complaint' contains two causes of action, identical in form, each pertaining to a contract. In each count fraud and deceit, and partial failure of consideration, are alleged as grounds of re...
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In this matter it appears that in the course, and arising-out, of his employment, Norman Johnson, the petitioner herein, fell against the corner of a table, and thereby sustained an injury in the region of his right groin. On a hearing of Johnson’s application for adjustment of his claim for compensation before the respondent commission, in addition to the foregoing facts the said respondent found...
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This is an action to recover taxes which it is alleged were illegally assessed for the year 1931 and paid under protest. The trial court sustained the demurrer of the defendants to the plaintiff’s amended complaint. The plaintiff declined to amend and judgment was entered against it. From that judgment the plaintiff has appealed. As stated by the plaintiff on the first page of its opening ...
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11 Cal. App. 2d 681 (1936) L. N. DAY, as Trustee, etc., Respondent, v. METROPOLITAN LIFE INSURANCE COMPANY (a Corporation), Appellant. Civ. No. 10008. California Court of Appeals. First Appellate District, Division Two. February 11, 1936. F. Eldred Boland and Knight, Boland & Riordan for Appellant. Lobdell & Watt and Harold L. Watt for Respondent. Nourse, P. J. Plaintiff sued for d...
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This is an action for damages resulting from an automobile collision. Appellant was driving an automobile on Cucamonga Road in Los Angeles County at night, when an automobile driven by defendant Milliken, in which plaintiff was riding as a guest, collided with the rear end of the automobile operated by appellant. The night was foggy and appellant had stopped her automobile oh the highway for the p...
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By this action the public administrator seeks to recover for the estate of George Channing Lawrence the proceeds of certain insurance policies collected and held by the defendants and to set aside the alleged fraudulent transfers of certain property made by decedent in his lifetime. Judgment was entered in favor of defendants, the trial court having found that there was no intention on the part...
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The defendant, a foreign corporation authorized by this state to transact herein intrastate business, made a motion in the above-entitled action to change the place of trial thereof from the city and county of San Francisco to the county of Los Angeles upon the ground that it was and is a resident of the latter county and has its principal offices and place of business therein. The motion was d...
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At this time, a decision ■ by this court in the instant case arises from the fact that, following a former decision therein, a motion to vacate the judgment that theretofore had been rendered, and a petition for rehearing of the appeal, were granted. The sole and only reason for the granting of such motion and such petition was that the opinion theretofore rendered by this court was prepared and ...
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11 Cal. App. 2d 718 (1936) THE PEOPLE, Respondent, v. WALTER LAWYER, Appellant. Crim. No. 1870. California Court of Appeals. First Appellate District, Division Two. February 17, 1936. Walter Lawyer, in pro. per., for Appellant. *719 U.S. Webb, Attorney-General, and Seibert L. Sefton, Deputy Attorney-General, for Respondent. Nourse, P. J. Appeal from an order denying petition for a writ of ...
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Appellant entered a plea of guilty in the Justice’s Court of Township 3, Lake County, to a charge of using artificial light in night hunting of game mammals in violation of section 1151 of the Fish and Game Code. By the judgment and sentence pronounced upon the plea, the justice’s court ordered that certain personal property, including a Ford coupe automobile, be forfeited to the fish and game co...
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The defendant was charged with forcible rape and, in a second count, with a violation of section 288a of the Penal Code. The jury found him guilty on both counts and the judgment provided that the two sentences should run concurrently. From that judgment this appeal is taken. With respect to the first count it is contended that the evidence is not sufficient to sustain the verdict. It is argued...
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11 Cal. App. 2d 728 (1936) THE PEOPLE, Respondent, v. JOHN JACOBSEN, Appellant. Crim. No. 189. California Court of Appeals. Fourth Appellate District. February 17, 1936. W. M. Hahesy and J. M. Lopes for Appellant. U.S. Webb, Attorney-General, and John O. Palstine, Deputy Attorney-General, for Respondent. Marks, J. Defendant was charged with the offenses of robbery and extortion, in obtaini...
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This is an appeal from a judgment entered after the granting of a motion for nonsuit. The motion was granted upon the ground that the evidence showed plaintiff guilty of contributory negligence as a matter of law. *731 The general rule governing the granting of motions for non-suit is clearly stated in 9 California Jurisprudence, page 551, as follows.■ “It is, therefore, well sett...
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The plaintiffs commenced an action against the defendant on a common count for moneys had and received for the use of plaintiffs. After the cause had been, fully tried the trial court made findings in favor of the defendant and from the judgment entered thereon the plaintiffs have appealed. Prior to July 5, 1933, Joseph Rosenberg and Isidore Rosenberg, under the fictitious name of California Resta...
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The complaint herein, which was held by the trial court to be insufficient to state a cause of action, alleged that on June 28, 1931, plaintiff, as owner of a twin-screw cruiser named "Rainbow”, borrowed and received from defendant Lloyd K. Hillman the sum of $10,000; that "pursuant to said conspiracy ’ ’ of the two defendants, plaintiff gave his promissory note in the sum of $13,857.70, with prin...
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Appellant and her husband (now deceased), on August 15, 1930, executed a guaranty of note secured by a deed of trust. The note matured in three years. Respondents herein are the payees of said note and the beneficiaries of said deed of trust. The note, deed of trust and guaranty were all executed as a part of one transaction. At *746 the time of the execution of said instruments ap...
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This suit, directed against a township justice of the peace, seeks damages upon allegations that the latter maliciously and without probable cause, and knowing that the complaint and affidavit for arrest were false, issued a warrant for plaintiff’s arrest and thereby caused the latter’s unlawful imprisonment. Demurrer was sustained without leave to amend, and plaintiff appeals from the judgment wh...
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Petitioner seeks to review a decision of the Industrial Accident Commission by which she was denied compensation for the death of her husband, Charles Stumar, who was killed while landing an airplane at a location of his employer, Universal Pictures Corporation. There is no conflict of consequence in the evidence. Universal Pictures Corporation was about to make a picture, “Storm Over The Andes...
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The petitioner seeks a writ of mandamus to compel the respondent to draw her warrant and pay the Bidwell Municipal Utility District the sum of $5,877.88, being the second instalment of taxes collected for the fiscal year of 1935-1936, and which is now held by the county of Butte for the benefit of the utility district pursuant to the provisions of the Municipal Utility District Act. (Stats. 1921, ...
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This is an application for a stay of the issuance and transmission of the remittitur from this court to the superior court. Severns Drilling Company, Ltd., commenced the drilling of an oil well on August 23, 1933. Standard Oil Company of California commenced an action against Severns Drilling Company, Ltd., on or about December 13, 1935, asking for an accounting and an injunction, alleging that th...
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Plaintiffs commenced this action to recover compensation for personal injuries suffered by Mrs. De Verdi on June 18, 1935, when she slipped and fell in the Weiss Cafe operated by defendant Harry Weiss. When both parties had rested, the court upon motion of defendant instructed the jury to return a verdict for defendant. Plaintiffs appeal from the judgment entered upon the return of the verdict. ...
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Action for damages for personal injuries. The complaint alleged defendants to be the owners of certain real property which was used for hotel purposes and that they failed to install and maintain a fire escape upon the premises; that a fire broke out in the building and plaintiff who was a guest in the hotel was compelled to jump from the second story thereof in order to escape the flames; that in...
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In August, 1929, John W. Granros, deceased, engaged plaintiff to do all the work for the remainder of his life in a hotel operated by him in San Pedro. Deceased proposed that if the plaintiff would work for him as long as he lived he would pay her at the rate of $25 per week compensation therefor. Plaintiff accepted the offer and shortly thereafter, on September 1, 1929, com *447 m...
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On February 7, 1930, plaintiff suffered injuries in an automobile accident, as a consequence of which he filed his complaint on February 6, 1936. Thereafter the action was set down for trial on April 21, 1932, but it was not actually called for trial on that day. The attorneys for the respective parties, however, did on that day enter into a stipulation, the material part of which is as follows...
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These are two appeals by three defendants from a judgment against them in an action on a promissory note. The amended complaint states a cause of action *457on the note, and in addition thereto contains several allegations which might possibly be taken as an effort to allege a cause of action for fraud; but these allegations with respect to fraud are not sufficient to state a cause of action for f...
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The defendant was convicted on fifteen separate counts of grand theft. On appeal the judgments were affirmed. (People v. Hirschbein, 12 Cal. App. (2d) 447 [55 Pac. (2d) 516].) Thereafter in the trial court the defendant made a motion to have the several sentences ordered to run concurrently in place and instead of consecutively, and he also made a motion to correct the judgments to that effec...
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The appellant was convicted in the Superior Court of San Joaquin County of the crime of murder of the first degree, a felony. The transcript on appeal was filed in this court May 28, 1936. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on September 14, 1936. No appearance was made for appellant at the time the case was called for he...
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The appellant was convicted in the Superior Court of Sacramento County of the crime of burglary of the second degree, a felony. The transcript on appeal was filed in this court July 9, 1936. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on September 14, 1936. No appearance was made for appellant at the time the case was called for ...
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From a judgment rendered against all of the defendants in an action to quiet title, three of them have appealed. To the complaint of the plaintiff the appealing defendants each filed an answer. The defendant Bernhard Janssen also filed a cross-complaint. To the latter the plaintiff filed an answer and on the issues so framed the trial was had. The property involved is a lot, and a two-room cottage...
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Defendant was charged with the crime of setting fire to and causing to be burned a building known as “Stark’s Rustic Roadhouse” which contained a cafe, and in a second count with setting fire to insured property with intent to injure and defraud the insurer. He was convicted on both counts, was granted probation and has appealed from an order denying his motion for new trial. The sole ground up...
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This is an appeal from an order denying appellant’s motion for new trial. He was charged by an information filed by the district attorney of San Bernardino County with violation of the following provisions of section 337a of the Penal Code: “Every person . . . who, whether for gain, hire, reward, or gratuitously, or otherwise, at any time or place, records, or registers any bet or bets, wager o...
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This is an appeal from an order of the Superior Court of San Diego County denying appellant’s 1 ‘motion to amend the judgment commitment rendered against him therein on the 28th day of December 1929”. The defendant is not represented by counsel and is appearing in propria persona. For that reason we have given the matter closer attention than it would ordinarily deserve. On November 23, 1929, the ...
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Action to recover the reasonable value of legal services. The services were rendered by plaintiff’s assignors, McKinstry, Haber & Coombes, practicing attorneys in San Francisco, in bringing suit and collecting in full both principal and interest on six promissory 'notes in the amount of $171,358.08, the payment of which had been refused by the maker on demand of the payee for whom plaintiff’s a...
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Plaintiff was injured while riding as a guest of J. W. Cohn in his automobile when the tire upon a rear wheel blew out and the car upset in a ditch along the side of the highway. She sued Cohn as owner of the car, Liederman as operator, and the manufacturer of the tire. Cohn died before the trial and the action abated as to him. Nonsuits were granted both of the remaining defendants at the close ...
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This is a motion to dismiss an appeal on the ground that no transcript or bill of exceptions has been filed and that no proceedings are pending for the preparation of the same. From the certificate of the clerk of the trial court it appears that no bill of exceptions has been settled or filed and no transcript prepared, that no proceeding for the preparation of either is now pending, that an order...
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The plaintiff commenced an action on a judgment against the defendants. The defendants did not answer and judgment by default was taken. Later the plaintiff took out a writ of execution and levied it on $718.57 in the hands of Rosenberg Bros, of Fresno. Thereafter Pahal R. Moorvartian, a son of one of the defendants, delivered to the sheriff a third party claim to the moneys levied upon by the she...
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Bobby Bautista, Denny Severino, Tony Baseum, Max Peralto and Delfín Yillaruz were charged in the information filed by the district attorney with the crime of robbery. Each defendant entered a plea of not guilty and all were tried before the trial court sitting without a jury as a jury was waived by each. The trial court found Delfín Yillaruz not guilty, but it found all other defendants guilty as ...
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The defendant was charged with a violation of section 288. of the Penal Code and pleaded guilty. When his request for probation was denied he informed the court that he had pleaded guilty on the promise of a deputy sheriff that he would be given probation. After a change of plea, permitted by the court, he was convicted by a jury and has appealed from the judgment. At the trial a deputy sheriff, t...
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Petitioner was convicted in the City Court of the City of Maywood, County of Los Angeles, of the violation of section 270 of the Penal Code, an offense punishable by imprisonment in the county jail not exceeding two years or by a fine not exceeding $1,000 or both. He was sentenced to be confined 360 days in the county jail and com *498 mitted to the custody of the sheriff. Maywood is a city of ...
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This is an appeal from a judgment in favor of the plaintiff in an action for damages for the conversion of personal property. It is the contention of the defendant on appeal (1) that the complaint does not state facts sufficient to constitute a cause of action and (2) that the findings of fact and conclusions of law do not support the judgment. The appeal is before us on the judgment roll ...
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This is an appeal by defendant from an order denying a change of place of trial from the county of Los Angeles to that of Tulare. Plaintiff brought this suit in the county of Los Angeles to collect moneys claimed to be due under the provisions of a promissory note secured by a mortgage on land in Iowa executed by defendant as well as her husband and Harlan Meredith. At the time the action was com...
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This is a motion under the provisions of rule V, section 3, of the Rules for the Supreme Court and the District Courts of Appeal to dismiss the appeal or affirm the order granting a new trial, on the ground that the appeal was taken for delay and is frivolous. The appeal is from the judgment roll only. The evidence and proceedings of the trial are not before this court. The plaintiff Frank...
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This is an appeal from a judgment pronounced upon defendant after his conviction of petit theft, with two prior convictions of felonies which he admitted, and from the order denying his motion for new trial. Defendant was a prospector engaged in mining tailings near the San Joaquin River at Friant in Fresno County, California. L. H. Kahrt was postmaster and conducted a store in Friant at which ...
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This is an appeal from an “Order Denying Claim for Extraordinary Attorney’s Fees”. Two appeals in the above-entitled estate have heretofore been before this court. (Estate of Fritz, 130 Cal. App. 725 [20 Pac. (2d) 361]; Estate of Fritz, 140 Cal. App. 487 [35 Pac. (2d) 643].) The statutory fee of the attorney for the executor amounted to $1,082.20 and the probate court had previously made an additi...
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The plaintiff Arthur W. Keck, formerly an incompetent person, brought this action against his wife, Lizzie B. Keck, as guardian of his estate and person, and the sureties on her bond (one of whom has since died) to collect a sum of money shown to be due plaintiff upon the final settlement of the guardian’s accounts. The guardian failed to appear or answer, and a default judgment was entered again...
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This is an appeal from an order denying recovery under a “Petition for Order to Determine Interest in Estate”. The will of the testator was duly admitted to probate. After the time had expired within which to contest the will and after the executor had filed his petition for final distribution, the petitioners herein filed the said petition alleging that they were sons of the testator and that th...
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This is an appeal by Gertrude Hoover, the daughter of the deceased, from the decree of distribution in the above-entitled estate. In 1930 the deceased made a will in which certain specific bequests and devises were made to relatives and friends and the entire residue of the estate was left to appellant. About a year and a half later the deceased executed a codicil which read in part as fol...
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The appeal herein is from an order denying a petition of the widow to modify an order for family allowance. Two motions were made by respondents pending the appeal. Upon the ground that the order for family allowance was made in accordance with a stipulation of the parties, the respondents moved for a diminution of the record for the purpose of including such stipulation. This was granted. The ...
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This is an action for damages for personal injuries sustained by the minor plaintiff Betty Collins, who was a guest in an automobile driven by the minor defendant Jack Nelson, which overturned on Pico Boulevard in the vicinity of Nineteenth and Twentieth Streets in the city of Santa Monica, about 8:30 o ’clock on the evening of September 13, 1935. Joined as plaintiff in the capacity of guardian...
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Petitioner sues for a review of the award of the respondent commission made to the father, mother and minor sister of Robert Bingham, who was killed while an employee of the Forward Dairy. Petitioner attacks the award upon two grounds: (1) that the accident causing the death of the employee occurred outside of the course of his employment; (2) that the evidence is insufficient to support the commi...
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The California Land Buyers Syndicate was organized in June, 1926, for the purpose of buying real property in San Diego County with the intention of later selling the same at a profit. With the permission of the state corporation department one R-. L. Stewart was appointed as the corporation’s agent for the sale of stock at a commission of 20 per cent. A large amount of stock was sold and the corp...
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Plaintiff was a guest of defendants upon an extended automobile trip. While traveling in Arizona July 13, 1935, with defendant Mildred Owen driving, her husband, defendant Harvey Owen, asleep in the back seat and plaintiff dozing in the front seat, a tire blew *554 out, the car careened from the highway and turned over in a ditch. Upon trial before a jury plaintiff was awarded damages of $5,000...
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Petitioners seek to annul an order made by respondent judge, vacating and setting aside two certain orders previously signed by him approving and allowing a claim theretofore presented by each petitioner against the estate of Sarah H. Gillis, deceased. The ground stated in the petition for writ of review is that the superior court lacked jurisdiction to make the order vacating said orders allowin...
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This action is based upon an insurance policy issued to the plaintiff by the Pacific States Life Assurance Company, and liability, if any, assumed by the defendant. The policy was issued to the plaintiff on the 13th day of June, 1933, the insuring clause of which reads as follows: “Loss of life, limb, sight or time, the cause of which originates and loss occurs while this policy is in full forc...
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An alternative writ of mandate was issued in this matter, in which the petitioner seeks to compel the respondent court to order a money judgment in her favor and against her former husband, Truman A. Parker, in the sum of $2,114.89 and directing the clerk to issue execution thereon. In a final decree of divorce entered in the respondent court on July 14, 1928, the said Truman A. Parker was ordered...
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The judgment appealed from directed appellant, as Chief Engineer of the Department of Building of the County of Los Angeles, to issue to the City of Pasadena, without payment of any fee for the service, a permit to make alterations and repairs upon a reservoir of the City of Pasadena situated in unincorporated territory. *585 The entire controversy arises out of the claim by the county that t...
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This is an action for the recovery of the purchase price of real property on account of the alleged failure of the seller to convey the property. Pursuant to an agreement between them, respondent and his codefendant herein, P. N. Snyder, purchased twelve lots in a certain subdivision, to be sold later for the benefit of both parties. The-purchase was made by them in the name of C. H. Gaul, who ...
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The defendant has appealed from an order granting a new trial on the ground of lack of evidence to support the judgment which was rendered in his favor pursuant to the verdict of a jury in a suit for personal injuries which were sustained by the plaintiff m an automobile collision. The appellant contends that the order granting a new trial should be reversed for the reason that the court failed to...
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The defendant has appealed from a judgment which was rendered against him in the sum of $2,066.63 for a balance due the plaintiff on an open book account. In a cross-complaint filed by the defendant, he claimed that plaintiff owed him $9,500 as a balance due on an open book account. In plaintiff’s answer to the cross-complaint he alleged that the judgment which was rendered in a former ease bet...
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Defendant was charged with the crime of statutory rape of which, upon arraignment, he entered a plea of guilty and made application for probation. The court appointed a date for hearing the application and referred the same to the probation officer for his report. On the appointed date the probation officer’s report was submitted and evidence was presented which related to the circumstances surro...
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Plaintiff, as beneficiary in a policy of accident insurance issued by defendant, instituted this action to recover the amount specified in the policy for the accidental death of the insured. The trial of the issues which were raised by the pleadings of the parties was had before the court and a jury selected for the purpose and resulted in the return of a verdict in plaintiff’s favor for the am...
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The Bradley Company was plaintiff in an action in which petitioner Guy Knupp and others were defendants. The amended complaint contained three causes of action. The action related to certain bonds issued by the city treasurer of the city of Porterville pursuant *633to contracts entered into between the board of trustees of said city and the defendant Federal Construction Company for the improvemen...
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Business District Development Company, Inc., appeals from an order of the superior court denying its motion to intervene in an action which was filed July 21, 1933, in the Superior Court of Los Angeles County. The defendants therein named are William IT. Anderson, also known as Wm. H. Anderson, and Business District Development Company, a corporation. It will be *637 noted that Bus...
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This is an appeal in a personal injury action from an order of the superior court granting a new trial on the ground of “errors of law” after a verdict in favor of the defendant. The defendant assigns as error the abuse of the court’s discretion in granting the new trial. The court refused to give to the jury instructions requested by the plaintiffs, covering the doctrine of last clear chance, an...
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This is an appeal from an order denying the admission of an holographic will to probate on the ground that it was not entirely dated as required by the decisions interpreting section 53 of the Probate Code. At the top of the will appeared the words: “Tues., Aug. 20”. In the body of the will appeared the words: “The 1935 LaSalle which I now drive also belongs to me . . . ” It is the contention o...
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Three appeals in this action are presented by the appellants upon one transcript and argued as one cause. The action was begun by the plaintiffs as the heirs and dependents of Henry F. Lahey, deceased, to recover damages by reason of his death suffered in a collision between an automobile driven by him and a train operated by the Southern Pacific Company, a corporation. The collision occurred a...
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This is an appeal by Mildred B. Palmer Howell, the daughter of the deceased, from the decree of settlement of final account and of final distribution. The only question presented by the briefs relates to the propriety of the provisions of the portion of the decree distributing the estate. This question involves the construction of the terms of the will of the deceased. Said will provided: *671“Sec...
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Plaintiff had judgment in the amount of $3,524.75, as the value of certain furniture, furnishings, fixtures and equipment of a hotel and cafe building. Defendant questions the sufficiency of the evidence to support the finding that plaintiff was the owner and entitled to the possession of the property which at the time of the conversion was situated in a building known as the Proctor Hotel. Pla...
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The right front wheel and fender of a Cadillac sedan then being driven northerly by the appellant on the Bayshore highway near Brisbane in the county of San Mateo struck a Pontiac coupe, also headed northerly, on its left side near the door and the junction of the front fender and running board. Respondent Linde, the driver of the Pontiac, and respondent Trafford, his passenger, each received i...
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The appellant was convicted of the crime of forgery upon an information based upon section 470 of the Penal Code, and appeals from the judgment of conviction. The charge against the appellant in the information is in the following words and figures: “The said defendant R. McDonald, is accused by the District Attorney of the County of Humboldt by this information of the crime of FORGERY com...
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This is an appeal from a judgment, based upon a verdict of a jury in favor of plaintiffs, arising out of an action for damages brought by the widow and children of Paul Fechtner, who was killed by being-struck by a truck operated by Manuel Costa and owned by Costa & Cotta, a copartnership. The accident occurred while Costa was engaged in hauling milk to the creamery of appellant, and the g...
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This is an appeal from a judgment in favor of Stewart 0. Mertz, decreeing that as a member of the board of education of the city of Los Angeles he is entitled to receive the sum of $480 for attendance at board meetings, and ordering the City Controller of Los Angeles to allocate from certain funds sufficient money to meet this obligation and to approve a warrant for the services rendered as cer...
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The defendant was convicted of robbery of the first degree and sentenced to imprisonment in the state prison at Folsom for the term prescribed by law. He has appealed from the judgment. Only one question is presented on this appeal. It is contended the court erred in permitting the reading to the jury of testimony of the prosecuting witness which was taken at the preliminary examination of the ca...
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Defendant was charged with the possession of narcotics and with four prior felony convictions. lie entered a plea of not guilty to the charge of possession of narcotics but admitted the prior convictions. A jury trial *706 was waived in open court by defendant and his counsel and, upon a trial before the court, he was found guilty. He appeals from the judgment of conviction and the order denyin...
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The petitioner seeks his release from custody under an indictment charging the receiving of bribes, extortion and a violation of section 653f of the Penal Code. The respondent has demurred to the petition and has also filed a return thereto. The petitioner has traversed the return in the nature of both demurrer and answer. Stipulations were made at the oral argument covering minor differences i...
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This is an appeal from a judgment in favor of defendants in an action for conversion. The facts material to this litigation are that in 1925 Pacific National Building Corporation constructed a twelve-story bank and office building at 855 South Hill Street in the city of Los Angeles. All of the stock of Pacific National Building Corporation was owned by a parent holding company known -as Pacific Na...
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Prom the files in a certain suit for divorce that was instituted in the superior court, it appears that a woman plaintiff brought an action against her husband, and that on the occurrence of the default of the latter therein, and the subsequent hearing of said suit, a minute order was made by the trial court by which, on September 17, 1934, the plaintiff was “granted an interlocutory decree of ...
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The question here is whether an award made by respondent commission against petitioner and in favor of one Jerry Atwood should be annulled. Atwood, on June 12, 1935, fell from a truck moving along the highway in the neighborhood of Indio and suffered broken bones and a brain concussion. The referee of the Industrial Accident Commission who heard the case found that at the time of the accident Atwo...
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The notice of appeal, filed February 15, 1936, states that the plaintiffs appeal “from that *737certain order made and entered in the above entitled action on the 31st day of January, 1936, denying plaintiffs’ motion for a new trial”. The motion was made upon several of the grounds given as causes for a new trial in section 657 of the Code of Civil Procedure; reliance was not placed upon the provi...
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The undisputed facts, as disclosed by the record, reveal that on November 3, 1931, a complaint was filed and a summons issued in the Justice’s Court of San Diego Township, in an action entitled I. W. Randall et al., Plaintiffs, v. Isabelle C. Anthony, Ralph A. Cook et al., Defendants; that on November 6, 1931, service of summons and complaint was made on Ralph A. Cook pers...
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On June 25, 1926, defendants William Blenkiron and Frederick C. Wolter executed two promissory notes, one in the sum of $16;500 in favor of Title Guarantee and Trust Company, due three years after date; the other in the sum of $40,000 in favor of Joseph N. Hanson and Helen M. Hanson, due five years after date. This latter note, upon which a payment of $10,000 was subsequently made, was assigned t...
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Petitioner seeks to review a decision of the Industrial Accident Commission by which she was denied compensation for the death of her husband, George H. Wiley, who was killed while landing in an airplane at a location of his employer, Universal Pictures Corporation. ■ Mr. Wiley was employed as art director and had designed' a set for the photographing of a picture to be known as “Storm Over The An...
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16 Cal. App. Supp. 2d 759 (1936) MARIE E. COOK, Respondent, v. FRANK J. WINKLEPLECK, Appellant. California Court of Appeals. June 19, 1936. James F. McBryde for Appellant. Sparling & Teel for Respondent. Shaw, P. J. This action was originally begun in the Superior Court of the County of Los Angeles, by a complaint [16 Cal. App. Supp. 2d 762] filed on August 8, 1934. The case proceeded in...
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The defendant has appealed from a judgment determining that his stable is a public nuisance and ordering it abated. As we understand him he contends that at the time this action was commenced, and for a long time prior thereto, he had pending an application for a permit to maintain and operate said stable; that the respective municipal authorities refused to grant him a permit without stating t...
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The plaintiff commenced a proceeding asking for a writ of mandamus directing the defendant as director of health to issue to the plaintiff a permit to conduct a stable. The court made findings in favor of the defendant. From the judgment entered thereon the plaintiff appealed. The judgment so appealed from was entered April 23, 1935. The judgment was entered March 20, 1935, in the case entitled Pe...
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Defendants Reid and Smith appeal from a judgment entered against them upon the return of a jury’s verdict awarding plaintiff damages for personal injuries suffered when he was struck by buckshot discharged from a shotgun carried by defendant Reid while acting as a special police officer guarding the funds of defendant Smith. Defendant Smith operated ten markets in and about the city of Los Ange...
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In the estate of George Golden, deceased, a decree of final distribution was entered distributing a portion of the estate to the petitioners herein, and denying distribution to one E. T. Stoddard, the proponent of a will which has been denied probate. In due time an appeal was taken from this decree of final distribution by Stoddard, which appeal is still pending. Thereafter, and on April 13, 1...
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Application for a writ of mandate requiring Honorable H. S. Gans, as Judge of the Superior Court of the State of California, in and for the County of Tehama, to settle a certain bill of exceptions. The basis of the present proceeding was an action brought to condemn for highway purposes a strip of land through property known as “Deer Creek Meadows” belonging to the defendants. The action was prose...
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This cause is before us upon an appeal from the judgment of the trial court perpetually enjoining and restraining the City of Huntington Beach and its lessee, Carr Oil Corporation, from carrying on drilling and oil production operations on and within a portion of that public street or highway known as “Ocean Avenue”. The action was begun by A. D. Marshall, a citizen and taxpayer of the City of ...
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The plaintiff, a housemaid by occupation, purchased two lots from the Mission Beach Company for which she paid $3,800, receiving two deeds dated May 25, 1929, and September 15, 1930, respectively. She did not record the deeds until April 30, 1934, but she paid some $400 in taxes and assessments and her name and address appeared frequently on the tax and assessment records. The defendant R. A. Cha...
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The defendant leased from the plaintiffs a theater building under a written lease running ten years and calling for a rental of $325 per month during the first two years, and $350 per month during the next two years. The rent was duly paid during the first year and thereafter the monthly payments ranged from $143 to $300, although in most of the months $275 was paid. This action was brought to rec...
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This in a petition for a writ of prohibition against the Superior Court of Los Angeles County to restrain it from hearing or determining a petition for distribution of a testamentary trust which was created by the final decree of distribution in the estate of Richard D. Davis, deceased, and from determining the extent of the *41 interests of the various assignees of the beneficial interests und...
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This is an appeal from a conviction of incest, a felony. The clerk’s transcript was filed on June *4319, 1936. The reporter’s transcript was filed July 3, 1936, and the ease was ordered on the calendar for August 14, 1936, and due notice given. At the request of defendant the case has been continued six times, the last continuance being to October 9, 1936. The continuance to that date was at the r...
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On June 29, 1935, plaintiffs filed their original complaint against defendants herein, but by amendment dismissed as against all defendants except the County of Butte, and in a subsequently filed amended complaint and in an amendment thereto alleged certain acts of negligence on the part of the County of Butte in allowing a dangerous condition in a highway to exist, by reason whereof Beatrice G...
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The appellant was convicted in the Superior Court of Sacramento. County of the crime of issuing a check without sufficient funds with intent to defraud, a felony. The transcript on appeal was filed in this court July 28, 1936. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on October 13, 1936. No appearance was made for appellant at...
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This is an application for a writ of prohibition. In answer to the pleading filed by the petitioner the respondent has filed a general demurrer. Among other things, the petitioner recites that Mrs. Crowley was awarded a decree of divorce from the petitioner. The decree also awarded to her the custody of the two minor children and $100 per month for their support. Later that sum was reduced to $75...
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This is an application for a writ of habeas corpus and the petitioner seeks to have a judgment *57declaring him guilty of contempt of court declared void. His attack is twofold. In the trial court an affidavit was filed in which he was charged with having committed a constructive contempt of court. An order to show cause was served on him, he appeared, filed a demurrer attacking the sufficiency of...
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I dissent. It is well-established law that before a sound discretion may be exercised, it is necessary that sufficient and material facts be presented upon which the judgment of the court may operate. With *66that principle of law in mind, a careful reading of the affidavit of the judgment debtor would seem to disclose the existence of no material fact that properly might be used as a basis for th...
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Plaintiffs brought an action against defendants for the purpose of recovering a judgment against them for damages that were alleged to have been sustained by plaintiffs as the result of a collision that occurred between an automobile that was owned and operated by them, and an automobile that was owned by defendant Hansen, in which he was then riding, but which at that time was not being driven b...
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Plaintiff Clyde V. Collard, Jr., was struck and injured on July, 1, 1935, by an automobile negligently operated by defendant Love. At the time of the accident California Funding Corporation was the legal owner of the car and defendant Coffman, as transferee from defendant Love, was the registered owner according to the records of the division of motor vehicles (as it was then known). Coffman en...
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This is an appeal from an order denying a new trial and from a judgment of conviction based upon an information in two counts charging the defendant with possession and transportation of morphine. It is the contention of appellant that the evidence does not support the verdict, that the court erred in the admission of certain evidence, and that the trial judge was guilty of prejudicial miscondu...
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The defendants have appealed from a judgment which was rendered against them for $13,935.91 and interest in favor of the plaintiff, as trustee of the American Jobbers, Inc., a bankrupt corporation, being the amount paid to the bank by the American Jobbers corporation in 1930 for the purchase of its own corporation stock in violation of the provisions of section 354 of the Civil Code, as it then e...
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Appeal from a dismissal of an action for failure to use due diligence in the prosecution thereof. The motion to dismiss was addressed to the inherent discretionary power of the court and was granted under that power. It is appellants’ claim that the court had no jurisdiction to grant the motion. This contention is based upon the last sentence of section 583 of the Code of Civil Procedure, which p...
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The plaintiff brought this action against C. E. Jones, George A. Mott and A. E. Austin, individually and as copartners doing business under the firm name of J & M Manufacturing Company, to recover a balance due for merchandise sold and delivered, money advanced to, and services performed for defendants. From a judgment rendered in favor of the plaintiff, defendant A. E. Austin appeals. On ...
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The widow of a deceased police officer petitioned for the issuance of a writ of mandate compelling1 respondents to grant her a pension under the provisions of section 4, chapter 10, article VIII, of the former San Francisco charter. (Stats. 1917, p. 1708.) A judgment denying her such writ was entered after a general demurrer to her petition had been sustained without leave to amend. Her appeal ...
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The defendant and two others, George Woodbur and Lester Leuty, were charged in an information filed by the district attorney with having committed robbery. All of the defendants pleaded not guilty. The trial commenced on June 25, 1936. Before that date the defendants George Woodbur and Lester Leuty withdrew their pleas of not guilty and entered a plea of guilty. The defendant Louis Williams only ...
Views: 6
This is an action for declaratory relief, the plaintiff praying that a tax levied in the sum of $4,351.26 be canceled as having been arbitrarily made, that the true amount of the tax which should have been levied on the property in question should be fixed by the court at $1173.46 “or such other sum as may be the true and correct assessment for said year”, and that upon payment into court of th...
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By a verdict of a jury, the plaintiffs, widow and minor children of Otto Hilbert, had judgment in the sum of $20,000 against defendants Luther Olney and a copartnership, Broomerist & Wiedeman. The defendants claimed that the verdict was not supported by the evidence and moved for judgment notwithstanding, which motion the court ordered denied. The appeal is from the judgment solely, according t...
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Defendant was charged in two separate in-formations. The first information charged grand theft and a prior conviction of a felony. The second charged possession of a blackjack. Defendant entered a plea of not guilty in each instance but he admitted that he had suffered the prior conviction. The informations were consolidated for trial and, upon a trial by jury, verdicts of guilty were returned up...
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This is an appeal by defendants Aetna Insurance Company and Everett Moran from a judgment on a verdict entered against them in favor of plaintiff. The action was brought by plaintiff, Harold Oldham, for damages alleged to have been sustained by virtue of an alleged false arrest and imprisonment. The plaintiff was arrested without a warrant on November 27, 1933, on suspicion of grand theft and viol...
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The defendant has appealed from a judgment of conviction of negligent homicide as provided by section 500 of the Vehicle Code of California. *149 It is contended section 500 of the Vehicle Code is an unlawful delegation of legislative authority authorizing the trial judge to transform a declared felony into a mere misdemeanor contrary to section 17 of the Penal Code by fixing a penalty for a ...
Views: 15
Plaintiff had judgment in the sum of $5,000 for an injury to his left eye causing the entire loss of sight thereof, by reason of coming into collision with an iron pipe in a curtain which rolled down over a marquee along the west side of premises belonging to the defendant known as the Lenhart Hotel. From this judgment the defendant appeals. The complaint alleges and the testimony of the plaint...
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This is an action for damages for breach of a contract. On September 22, 1935, the respondent invited bids on certain street improvement bonds belonging to a trust estate. On October 5, 1935, the appellant, in the form of a letter, made an offer for the bonds. The various bids received were opened on October 7, 1935, and on October 8th the respondent notified the appellant that his bid was accepte...
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Plaintiff, as administratrix of her deceased husband’s estate, instituted this action to recover damages for his wrongful death alleged to have been caused through the negligence of defendant’s employee acting at the time within the scope of his employment. The complaint specifically alleged that plaintiff’s intestate was riding as a passenger in an automobile which was being operated by defend...
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From a judgment awarding the plaintiff damages for injuries suffered in an automobile collision the defendant has appealed. At about sunset on the evening of July 8, 1934, the defendant was driving southeast on the Bay Shore highway near Palo Alto. About the same time the plaintiff was driving southwest on University Avenue. In the intersection of' those roads their cars collided and for injuri...
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In this case the trial court set aside the verdict of the jury and granted the motion of plaintiff, respondent herein, for a new trial upon the ground of insufficiency of the evidence, and newly discovered evidence. Appellant urges such order constituted an abuse of discretion. *182 The accident with which this litigation is concerned occurred in the afternoon of May 18, 1933, in ...
Views: 2
The plaintiff has appealed from a portion of the judgment which was rendered against him in a suit to cancel a deed of conveyance to real property on the ground that it was procured by fraud and to quiet title thereto in him. The findings and judgment are in conflict with the pleadings and with the uncontradicted evidence which was adduced at the trial. The appeal is presented to this court on a b...
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This is an appeal from a judgment entered after granting a motion to dismiss the action. This action was brought to recover judgment against defendant for the deficiency- remaining after exhausting the security, consisting of a deed of trust on real property, given to secure the payment of a promissory note from defendant to plaintiff. The complaint was filed September 14, 1935. Defendant ...
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This action was brought to recover a deficiency judgment after a sale under a deed of trust. Defendants interposed a demurrer and contended that the cause of action was barred by the provisions of section 337, subdivision 1, and section 580a of the Code of Civil Procedure. Said demurrer was sustained and thereafter judgment of dismissal was entered. Plaintiff appeals from said judgment. The not...
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The defendants Goldaber, Grossman and Katz were tried together on an information charging conspiracy to commit the crime of petty theft in violation of section 484 of the Penal Code. The jury found all three guilty, but Katz has not appealed. Separate appeals have been taken by each of the other two from the judgments and from each of the orders denying a new trial. Grossman operated a jewelry sto...
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This is an original application for a writ of prohibition to restrain the respondent court from executing its order made on June 18, 1936, and from making any other orders affecting two minor children. The petitioners herein are Mary Frye, the maternal grant-aunt of said minors, and Neil Speer and Jaqueline Speer, the said minors, for whom said Mary Frye was appointed guardian ad litem for the pur...
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The individual defendants are officers of the corporate defendant. Plaintiff does not complain of the judgment in their favor. We will therefore treat the case as though the corporate defendant were the sole respondent. Plaintiff and defendant are corporations organized under the laws of the state of California. Plaintiff owned four hundred seventy-nine shares of the common capital stock of the...
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The defendant appeals from a judgment entered against him in conformity with the verdict of a jury in a personal injury action involving a collision between a bicycle which plaintiff, fourteen years of age, was riding, and an automobile driven by defendant. As the result of the impact plaintiff was rendered unconscious and besides suffering numerous severe cuts and bruises about the head *216 a...
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The defendant was tried before a jury upon an information in three separate counts charging incest, rape, and a violation of the juvenile court law. He was found guilty on all three counts and sentenced to Folsom prison on the first and second and given a suspended county jail sentence on the third. He appeals from the judgment and from the order denying a new trial. His first ground is the inh...
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This is one of three actions brought by the appellant, West American Finance Company, a corporation, against the respondent, Pacific Indemnity Company, a corporation, to recover from the latter the total sum of $90,000 claimed to be due under three successive fidelity bonds issued by the indemnity company insuring the finance company against loss from dishonest acts of its officers, clerks, and...
Views: 3
The defendant, M. J. Savage, appeals from an order granting a new trial after verdict and judgment in his favor in an action brought by plaintiff as assignee of Alberton Realty, Inc., to recover a real estate broker’s commission claimed to be due for services rendered by the realty company in connection with a written agreement made between defendant and Mrs. Ray Schwartz for the exchange of cert...
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Defendant was charged in the information with two counts of forgery. Count I alleged the forgery of a " check in the sum of $1,000, and count II alleged the forgery of a check in the sum of $47. In both counts the name signed on the check was alleged to be fictitious. The defendant appeals from the judgment which was pronounced on the assumption that defendant pleaded guilty to the offense allege...
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Upon rehearing, granted to enable us to consider more fully the question of jurisdiction involved *258 in this ease, we have listened to oral arguments and have examined carefully the authorities cited in additional briefs that have been filed. But our conclusions are unchanged, and, accordingly, we adopt our original opinion, as written by Mr. Justice Pro Tempore Desmon...
Views: 0
Plaintiff brought this action to recover damages alleged to have been suffered through breach of a contract by which plaintiff was appointed the exclusive jobber for the products of the defendant Chapman Valve Manufacturing Company (designated herein as “defend *267 ant”), in the territory of southern California. The breach alleged consisted of the making of direct sales by said de...
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Respondent moves to dismiss the appeal, which is from an order granting respondent a new trial, on the ground that the appeal is not authorized in this case because the action was tried by the court without a jury. We find no basis in the law for this position. Prior to an amendment made in 1933, that portion of section 963 of the Code of Civil Procedure applicable to our problem read: “An appeal ...
Views: 0
Originally an indictment was returned charging defendant in count 1, of murder, in count 2, robbery of one Jack Snyder, in count 3, robbery of one Mabel Daniels, and count 4, of a prior conviction. No complaint is made of count 4, so we may disregard it in our consideration of the objections to be noted later. To this indictment a demurrer was interposed alleging in effect that more than one of...
Views: 0
Appellant was charged with and found guilty of the crime defined by section 288 of the Penal Code, and from the order denying his motion for a new trial and from the judgment of conviction, he prosecutes this appeal. He first contends the evidence does not support the verdict. The information alleges that appellant committed certain lewd and lascivious acts upon prosecutrix, a nine-year-old gir...
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This action was begun by the plaintiff to recover damages for and on account of injuries received in a collision which occurred on the seventh day of February, 1934, between an automobile in which the plaintiff was riding and a gasoline tank truck driven by the defendant, Archie Graves, and belonging to the Service Tank Lines, a corporation. The defendants had judgment, and from this judgment t...
Views: 6
These four suits for damages growing out of the same automobile accident were consolidated for trial. From separate judgments which were rendered against the same defendants in each ease they have appealed. The four appeals are presented to this court upon one transcript of proceedings. The judgments against Tony Sengo, the owner of the machine, in no instance exceeds the *302 amount limited by...
Views: 0
In this action the plaintiff obtained a judgment and decree to the effect that a certain agreement and will executed by Adolph Erich Zaremba were procured by undue, influence; that in the securing of the probate just referred to Walter Wayne Woods was guilty of extrinsic fraud. The decree further adjudged that all of the property in possession of the defendant, Walter Wayne Woods, was held in tru...
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Plaintiff brought this action to recover damages for the alleged breach of an agreement under which, as he claims, he was employed as headmaster of a private school operated by defendants, from which employment he was discharged. The ease was submitted upon the sufficiency of plaintiff’s proof to establish a contract of employment; judgment went for the defendants, from which plaintiff appeals. ...
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This appeal presents for determination the interpretation to be given to a clause in the will of Sarah Louise Clark, deceased. The will was dated March 6, 1934, at which time Webster C. Clark was indebted to the testatrix for money loaned to him by her deceased husband in the sum of $57,000, and for which he gave his renewal note March 31, 1934. Certain interest payments were made upon the indebte...
Views: 1
17 Cal. App. 2d 331 (1936) SARA MASTRO, Respondent, v. THE CITY OF SAN DIEGO (a Municipal Corporation), Appellant. Civ. No. 1946. California Court of Appeals. Fourth Appellate District. November 4, 1936. C. L. Byers, City Attorney, D. L. Ault, City Attorney, and James J. Breckenridge, Deputy City Attorney, for Appellant. A. T. Procopio and John Coker for Respondent. Barnard, P. J. This is ...
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This is a motion to dismiss an appeal from an order vacating a prior order and directing that all issues of the cause be tried before a jury. Plaintiff maintains that the order from which the appeal is taken is not an appealable order. Defendants argue that the effect of the order was to grant a new trial upon one issue of the case and that it must be considered as an order granting a new ...
Views: 1
17 Cal. App. 2d 345 (1936) RUSSELL W. OSGOOD, Respondent, v. THE CITY OF SAN DIEGO (a Municipal Corporation), Appellant. Civ. No. 1970. California Court of Appeals. Fourth Appellate District. November 4, 1936. D. L. Ault, City Attorney, and J. H. McKinney and William Roy Ives, Deputies City Attorney, for Appellant. Dempster McKee and Charles Fox, Jr., for Respondent. Ivan Kelso, John R. Ber...
Views: 4
This is an action upon a contract. Paragraph V of the complaint reads as follows : “That on or about the 25th da.y of May, 1935, said plaintiff entered into an express agreement with defendants whereby said plaintiff was to erect, construct and build for the defendants that certain exhibit known as the Television Exhibit (building), located in the Electrical Products Building of the California ...
Views: 0
17 Cal. App. 2d 360 (1936) RALPH G. CRANE et al., Appellants, v. THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES et al., Respondents. Civ. No. 10976. California Court of Appeals. Second Appellate District, Division One. November 6, 1936. Clark & Davidson and Harold M. Davidson for Appellants. Everett W. Mattoon, County Counsel, and Clarence B. Penn and W. B. McKesson, Deputies Coun...
Views: 4
Defendant appeals, not only from a judgment of Ms conviction of the crime of grand theft, but also from an order by which his motion for a new trial was denied. It would seem necessary that in substance, a history of the crime in which it was asserted that defendant willingly and knowingly participated be herein related: On each of several occasions that occurred during a period of about ten days ...
Views: 0
This is an appeal from a judgment based upon a verdict of a jury awarding to plaintiff the sum of $1484.80 for grapes delivered to defendants. *379 Originally the complaint was in three counts. To this complaint a general demurrer was interposed and overruled, whereupon defendant answered. Upon the trial a nonsuit was granted as to the first two causes of action in the complaint, of which rul...
Views: 4
17 Cal. App. 2d 384 (1936) CHARLES M. FURUTA, Respondent, v. CARL WILLIAM RANDALL et al., Appellants. Civ. No. 1627. California Court of Appeals. Fourth Appellate District. November 6, 1936. Frank L. Simons for Appellants. West & West for Respondent. Marks, J. This is an appeal from an order denying a motion for new trial, and from a judgment awarding plaintiff damages resulting from the d...
Views: 7
17 Cal. App. 2d 389 (1936) JOSEPH MILES, Respondent, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a Banking Corporation), et al., Appellants. Civ. No. 10913. California Court of Appeals. Second Appellate District, Division One. November 7, 1936. Louis Ferrari, Edmund Nelson, Freston & Files, Ralph E. Lewis and John P. McGinley for Appellants. Irl D. Brett for Respondent. W...
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17 Cal. App. 2d 401 (1936) AGNES THOMPSON, Appellant, v. BUFFUMS', INC. (a Corporation), Respondent. California Court of Appeals. November 7, 1936. Russell H. Pray, J. R. Girling and John F. McCarthy for Appellant. Joe Crider, Jr., and John J. Ford for Respondent. White, J., pro tem. The jury returned a verdict in favor of defendant in this action commenced by plaintiff to recover damages fo...
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By the terms of an information that was filed in the superior court against defendant, he was charged with having committed the crime of robbery; also, that theretofore defendant had been convicted of the commission by him of a felony, for which he had served a term of imprisonment in the state prison. On his arraignment, he pleaded not guilty to the charge of robbery, but admitted his prior convi...
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17 Cal. App. 2d 411 (1936) PARK E. BOGARDUS, Appellant, v. W. R. SNYDER, et al., Respondents. Civ. No. 11040. California Court of Appeals. Second Appellate District, Division One. November 9, 1936. W. Cloyd Snyder for Appellant. Joe Crider, Jr., and Clarence B. Runkle for Respondents. Bishop, J., pro tem. Plaintiff seeks to recover damages resulting from a collision between his automobile ...
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The appellant was convicted in the Superior Court of Sacramento County of the crime of passing fictitious check, a felony. The transcript on appeal was filed in this court August 24, 1936. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on November 9, 1936. No appearance was made for appellant at the time the case was called for hear...
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17 Cal. App. 2d 414 (1936) JACK STERMAN, Respondent, v. ROY H. ZIEM et al., Appellants. Civ. No. 5641. California Court of Appeals. Third Appellate District. November 9, 1936. W. I. Gilbert, Jr., and Jean Wunderlich for Appellants. Bicksler, Parke & Catlin, Frank Catlin, Jr., and William E. Woodroof for Respondent Pullen, P. J. This is an action for damages for an alleged conspiracy to...
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The plaintiff sought to recover a money judgment against defendant upon certain promissory notes. The trial court entered judgment in favor of the defendant (respondent) and against the plaintiff for costs. The plaintiff appealed and the case is now pending, having been submitted for decision upon briefs of counsel on October 18, 1936, and being now under submission. A judgment for costs is not “a...
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17 Cal. App. 2d 422 (1936) FRANK BODIN, Appellant, v. A. R. WEBB et al., Respondents. Civ. No. 10315. California Court of Appeals. First Appellate District, Division One. November 12, 1936. Philip O. Solon for Appellant. Bronson, Bronson & Slaven for Respondents. Tyler, P. J. Appeal from an order granting a motion for relief under section 473 of the Code of Civil Procedure upon failure...
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From a decree adjudging that a trust had been terminated and settling the account of the trustee, Mary Bauer, as the beneficiary under the trust, has appealed. Heretofore Mary Bauer was the owner of a certain lot and improvements thereon located near the corner of Eighth and Mission Streets in San Francisco. On the 19th day of June, 1918, she conveyed said property to Charles A. Hell-wig to hold t...
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Plaintiff had a verdict for $30,000 for damages for the death of her husband who was killed while employed as a member of a switching crew in the freight' yard of the defendant company. The action was brought under the Federal Employers’ Liability Act and charged negligence in the attempt to couple a group of standing freight cars. The defendant based its defense and rested its appeal on the main ...
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17 Cal. App. 2d 437 (1936) ARTHUR STRASBURGER, Respondent, v. H. R. VAN DELINDER, County Treasurer, etc., Appellant. Civ. No. 11076. California Court of Appeals. Second Appellate District, Division One. November 12, 1936. Albert D. Barnes, District Attorney, and William T. Selby, Chief Deputy District Attorney, for Appellant. Loren A. Butts for Respondent. Desmond, J., pro tem. Appellant, ...
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17 Cal. App. 2d 443 (1936) MILDRED ROSENFELT, a Minor, etc., Appellant, v. MOSES SCHOLTZ, Respondent. Civ. No. 11134. California Court of Appeals. Second Appellate District, Division Two. November 12, 1936. R. E. Parsons and A. Benjamin for Appellant. W. I. Gilbert for Respondent. Crail, P. J. This is an appeal by plaintiff from a judgment dismissing an action under section 583 of the Code...
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17 Cal. App. 2d 446 (1936) In the Matter of the Application of FRANK F. HARPER for a Writ of Habeas Corpus. Crim. No. 1536. California Court of Appeals. Third Appellate District. November 12, 1936. Charles Reagh and T. F. Peterson for Petitioner. U.S. Webb, Attorney-General, and Wilmer W. Morse, Deputy Attorney-General, for Respondent. *447 Pullen, P. J. Petitioner here, in the state of Or...
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The respondents have moved to dismiss this appeal on the ground that no statement or application was ever filed by the appellant setting forth the grounds of the appeal, the points relied upon, and designating what portions of the phonographic reporter’s notes it desired to have transcribed. From the certificate of the clerk, dated October 9, 1936, it appears that an order granting the defendants’...
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17 Cal. App. 2d 450 (1936) NICHOLAS CRANCE et al., Appellants, v. ALBERT R. HEMS et al., Respondents. Civ. No. 1189. California Court of Appeals. Fourth Appellate District. November 12, 1936. Harry W. Horton for Appellants. Hugh S. MacKinnon for Respondents. Marks, J. This is an appeal from a judgment rendered after sustaining a general demurrer of Albert R. Hems, Lena Hems, M. Rugg and Ja...
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17 Cal. App. 2d 454 (1936) THOMAS COOMBS, Appellant, v. ERNEST R. SMITH et al., Respondents. Civ. No. 11089. California Court of Appeals. Second Appellate District, Division One. November 13, 1936. David Berniker for Appellant. Ray L. Chesebro, City Attorney, Frederick von Schrader, Assistant City Attorney, and Arthur Loveland, Deputy City Attorney, for Respondents. White, J., pro tem. Thi...
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17 Cal. App. 2d 456 (1936) JACK RILEY, Appellant, v. PRESS-TELEGRAM PUBLISHING COMPANY (a Corporation), Respondent. Civ. No. 10898. California Court of Appeals. Second Appellate District, Division One. November 13, 1936. Erwin P. Werner and Edward Linder for Appellant. Swaffield & Swaffield, Kenneth Sperry and Joseph E. Madden for Respondent. Shinn, J., pro tem. Plaintiff appeals from a ju...
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17 Cal. App. 2d 458 (1936) FRANK E. BONNER, Appellant, v. LOS ANGELES EXAMINER (a Corporation), Respondent. Civ. No. 10995. California Court of Appeals. Second Appellate District, Division Two. November 13, 1936. Joseph L. Lewinson, Morris E. Cohn and John W. Preston for Appellant. Oscar Lawler and John M. Hall for Respondent. *460 Crail, P. J. This is an appeal from an order granting defe...
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This matter comes before us upon a motion to dismiss the appeal or affirm the judgment in the above matter rendered by the court sitting without a jury. The controversy arose out of an automobile accident in which three vehicles were involved, and occurred on the Napa Valley highway at a stone bridge about five miles north of St. Helena. A Greyhound stage driven by Arthur J. Burke, was traveling n...
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17 Cal. App. 2d 468 (1936) THE PEOPLE, Respondent, v. TOM SMITH, Appellant. Crim. No. 1520. California Court of Appeals. Third Appellate District. November 13, 1936. Lovett K. Fraser for Appellant. U.S. Webb, Attorney-General, and Wilmer W. Morse, Deputy Attorney-General, for Respondent. Plummer, J. On the 27th day of May, 1936, the district attorney of the county of Lake filed an informat...
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17 Cal. App. 2d 477 (1936) THE PEOPLE, Respondent, v. ESTELLE SPIERS, Appellant. Crim. No. 1526. California Court of Appeals. Third Appellate District. November 13, 1936. H. B. Churchill for Appellant. U.S. Webb, Attorney-General, and Wilmer W. Morse, Deputy Attorney-General, for Respondent. Plummer, J. The appellant was convicted upon an information filed on or about June 23, 1936, the ch...
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The plaintiff brought this action to recover for his services as a real estate broker in procuring an agreement for exchange of properties between the defendants Armstrong and the defendants Adams, although the prayer is for $13,000 “as actual damages, and for the sum of $15,000 as exemplary damages”. Demurrers filed by all defendants were sustained without leave to amend, and from the ensuing jud...
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This is an action for damages for breach of a contract. For some time prior to August, 1929, the plaintiff Robinson and the defendant Case, as co-partners operating under the fictitious name of “C. & R. Transfer”, had been engaged in a local transfer and trucking business in the city of San Diego, and the Boulevard Ex*493press, Inc., which will he referred to as the appellant, had been operating a...
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17 Cal. App. 2d 498 (1936) B. F. CULLEY, Respondent, v. LESTER L. COCHRAN, Constable, etc., Appellant; J. EDGAR ROSS, Intervener. Civ. No. 1942. California Court of Appeals. Fourth Appellate District. November 13, 1936. Lester L. Cochran, in pro. per., for Appellant. Hickcox & Trude for Respondent. Jennings, J. Plaintiff instituted this action to recover from the defendant, Constable o...
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17 Cal. App. 2d 505 (1936) OSCAR S. MALONE, Appellant, v. E. J. CAREY et al., Respondents. Civ. No. 9953. California Court of Appeals. First Appellate District, Division One. November 14, 1936. Harold F. Sawallisch for Appellant. Leonard J. Meltzer, George La Coste and Joseph G. De Forest for Respondents. Tyler, P. J. Action for damages for false imprisonment. Defendants are officers of th...
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The defendant was charged with the crime of negligent homicide in violation of section 500 of the Vehicle Code, a felony, in that the defendant did operate an automobile “in a negligent and unlawful manner” resulting in injuries causing the death within one year of Lem Pong. At a former trial the jurors were unable to agree upon a verdict and a mistrial was declared. At a second trial the jury fou...
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This is a petition for a writ of certiorari to review an order of the Industrial Accident Com*511mission refusing to reopen an award of compensation for the death of a mechanic as a result of injuries sustained in the course of his employment. The petition to reopen the cause was made under the provisions of section 20 (d) of the Workmen’s Compensation Act. (Stats. 1917, p. 831, and amendments, De...
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17 Cal. App. 2d 520 (1936) GERTRUDE BLAIR BRAINARD, an Insane Person, etc., Respondent, v. RICHMOND A. BRAINARD et al., Defendants; METROPOLITAN LIFE INSURANCE COMPANY (a Corporation), Appellant. Civ. No. 10106. California Court of Appeals. First Appellate District, Division Two. November 16, 1936. Knight, Boland & Riordan, F. Eldred Boland, J. W. Radil and Richard M. Sims, Jr., for Appel...
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17 Cal. App. 2d 525 (1936) S. DYSART, Appellant, v. EDWIN M. DAUGHERTY, Commissioner of Corporations, Respondent. Civ. No. 11133. California Court of Appeals. Second Appellate District, Division Two. November 16, 1936. M. G. MacNeil and Jack P. Leonard for Appellant. U.S. Webb, Attorney-General, and Warner I. Praul, Deputy Attorney-General, for Respondent. Crail, P. J. Appellant, who was t...
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It is conceded that the questions raised by the appeals herein are concluded by the decision of the Supreme Court in the case of Brown v. Ferdon, 5 Cal. (2d) 226 [54 Pac. (2d) 712], and that the portion of the judgment of the superior court which orders and adjudges that Pacific States Savings and Loan Company take nothing as against defendants Bernardo Roselli, Frank Roselli, Sam Roselli, Zelinda...
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This is an appeal from a conviction of the crime of burglary, a felony. The clerk’s transcript was *529filed October 6, 1936. The reporter’s transcript was filed October 8, 1936, and the case was ordered on the calendar for November 13, 1936, and due notice given. No briefs have been filed and no requests for extension of time have been made. Defendant has made no appearance. Under authority of se...
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17 Cal. App. 2d 529 (1936) VIVIAN MASON, a Minor, etc., Respondent, v. CHARLES D. CRAWFORD, Appellant. Civ. No. 5668. California Court of Appeals. Third Appellate District. November 16, 1936. Griffin & Boone, Redman, Alexander & Bacon and Herbert Chamberlain for Appellant. *530 C. Ray Robinson and Wade H. Coffill for Respondent. Plummer, J. This cause is before us upon an appeal by...
Views: 1
17 Cal. App. 2d 536 (1936) JOHN JENSEN, Appellant, v. HARRY P. FINDLEY, etc., Respondent. Civ. No. 1927. California Court of Appeals. Fourth Appellate District. November 16, 1936. Edw. L. Johnson and Frank Birkhauser for Appellant. Harry W. Horton for Respondent. Marks, J. This is an action to recover damages suffered by plaintiff in the loss of his left eye which was treated by *538 defen...
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17 Cal. App. 2d 546 (1936) P. H. HAWLEY, Petitioner, v. J. MORTIMER CLARK, as Real Estate Commissioner etc., Respondent. Civ. No. 11262. California Court of Appeals. Second Appellate District, Division Two. November 17, 1936. Russell D. Garner and Robert Kingsley for Petitioner. No appearance for Respondent. Wood, J. Petitioner seeks an alternative writ of prohibition commanding the Real E...
Views: 1
17 Cal. App. 2d 547 (1936) THE PEOPLE, Respondent, v. APOLINAR MONTOYA et al., Appellants. Crim. No. 334. California Court of Appeals. Fourth Appellate District. November 17, 1936. Clarence E. Rust for Appellants. U.S. Webb, Attorney-General, and R. S. McLaughlin, Deputy Attorney-General, for Respondent. Marks, J. The appellants, and three others, were charged with the crime of riot allege...
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This is an action for damages. The plaintiff was injured when he slipped and fell as a result of stepping upon some wet paint which had been recently, applied to a sidewalk in front of a theater operated by the *552corporate defendant in the city of Redlands. From a judgment in favor of the plaintiff the defendants have appealed. The court found that the individual defendants, while acting as empl...
Views: 1
17 Cal. App. 2d 555 (1936) WILLIAM GLASS, as Finance Commissioner, etc., Plaintiff, v. CITY OF FRESNO (a Municipal Corporation) et al., Respondents; THE CHURCH COMPANY (a Corporation), Appellant. Civ. No. 10273. California Court of Appeals. First Appellate District, Division One. November 18, 1936. Lawrence W. Young for Appellant. *556 Claude L. Rowe for Respondents. McNutt, J., pro tem. H...
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The appellant, Fallie Sutton, was charged jointly with Louis Sly and LeRoy Bussey with the crime of murder. They entered pleas of not guilty, and Sly and Sutton interposed additional pleas of not guilty by reason of insanity. The trio were tried together, and the jury found Bussey not guilty, and Sly and Sutton guilty of first degree murder and assessed their punishment at life imprisonment. Ther...
Views: 12
The petitioner sued the City of Piedmont and certain designated officials for a writ of mandate to compel them to entertain and determine her application for a pension as the widow of a former chief of the city fire department. The cause was tried on an agreed statement of facts, and the petitioner had judgment. The conceded facts are that deceased was chief of the fire department from August 1...
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17 Cal. App. 2d 575 (1936) THE PEOPLE, Respondent, v. A. E. MURPHY et al., Appellants. Crim. No. 1491. California Court of Appeals. Third Appellate District. November 19, 1936. Dennett & Zion and Frank Cadmus Damrell for Appellants. U.S. Webb, Attorney-General, and Wilmer W. Morse, Deputy Attorney-General, for Respondent. Thompson, J. The defendants have appealed from judgments of conv...
Views: 9
17 Cal. App. 2d 594 (1936) RUTH HARO et al., Appellants, v. THE SOUTHERN PACIFIC RAILROAD COMPANY (a Corporation) et al., Respondents. Civ. No. 1602. California Court of Appeals. Fourth Appellate District. November 19, 1936. David C. Marcus for Appellants. Grant Holcomb for Respondents. Marks, J. This is an appeal from a judgment rendered in an action wherein plaintiffs, the widow and mino...
Views: 2
This action was brought by plaintiff against defendant to recover damages for injuries suffered when struck by defendant’s automobile. The jury returned a verdict for plaintiff; defendant moved for a new trial, and his motion being denied, he prosecutes this appeal. Appellant urges three grounds for reversal: That the evidence is insufficient to support the verdict; that the evidence fails to show...
Views: 0
17 Cal. App. 2d 601 (1936) ETHEL ROSEN, Appellant, v. LOUIS ROSEN, Defendant; L. G. KOERNER et al., Respondents. Civ. No. 11166. California Court of Appeals. Second Appellate District, Division Two. November 20, 1936. Joe Wapner for Appellant. E. A. Tucker, R. W. Richardson and Leo M. Zinner for Respondents. Wood, J. Plaintiff obtained a judgment against defendant Louis Rosen and levied up...
Views: 0
17 Cal. App. 2d 604 (1936) HARVEY J. CLIPPINGER, Appellant, v. ALTA M. REISS, Respondent. Civ. No. 1989. California Court of Appeals. Fourth Appellate District. November 20, 1936. Glen H. Munkelt for Appellant. Stearns, Luce, Forward & Swing for Respondent. Jennings, J. Plaintiff brought this action to recover damages for personal injuries sustained by him as a result of *605 a collisi...
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17 Cal. App. 2d 608 (1936) THE PEOPLE, Respondent, v. SEVERO ORNELAS, Appellant. Crim. No. 336. California Court of Appeals. Fourth Appellate District. November 20, 1936. J. R. LeGallez for Appellant. U.S. Webb, Attorney-General, and James S. Howie, Deputy Attorney-General, for Respondent. Barnard, P. J. The defendant was charged with the crime of assault by means of force likely to produc...
Views: 10
17 Cal. App. 2d 612 (1936) LUCILLE M. COLBY, Respondent, v. HARRISON M. PIERCE, Appellant. Civ. No. 1643. California Court of Appeals. Fourth Appellate District. November 20, 1936. Swing & Swing for Appellant. Miguel Estudillo and Everett H. Smith for Respondent. Marks, J. This is an appeal from two orders made by the trial court after it had made and entered an order dismissing the ca...
Views: 6
17 Cal. App. 2d 615 (1936) RUTH WILKERSON, Respondent, v. CITY OF EL MONTE (an Incorporated Municipality), Appellant. Civ. No. 11058. California Court of Appeals. Second Appellate District, Division One. November 21, 1936. William P. Haughton, City Attorney, and De Forest Home for Appellant. Eldred E. Wolford and Irving E. Read for Respondent. Shinn, J., pro tem. In this action against the...
Views: 13
This case is before us on an order to show cause why the appeal should not be dismissed for want of prosecution. The clerk’s transcript was filed September 23, 1936. Thereafter the cause was regularly ordered on *626calendar for November 20, 1936, and due notice given, and service on the order to show cause has been duly made. The appellant has made no appearance in the case. No briefs have been f...
Views: 0
This case is before us on an order to show cause why the appeal should not be dismissed for want of prosecution. The clerk’s transcript was filed August 26, 1936. Thereafter the cause was regularly ordered on calendar for November 20, 1936, and due notice given, and service on the order to show cause has been duly made. The appellant has made no appearance in the case. No briefs have been filed. N...
Views: 0
17 Cal. App. 2d 627 (1936) THE PEOPLE et al., Respondents, v. GEORGE F. COVELL, Appellant. Civ. No. 5576. California Court of Appeals. Third Appellate District. November 23, 1936. A. J. Carlson for Appellant. Leslie A. Cleary, District Attorney, and Frank B. Collier, Deputy District Attorney, for Respondents. Plummer, J. Judgment was entered in favor of the plaintiffs in an action prosecut...
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Plaintiff commenced an action in the superior court to obtain an injunction against the defendant, Real Estate Commissioner of the State of California, and obtained a temporary injunction in that court. Later the demurrer of defendant was sustained without leave to amend and the temporary injunction was dissolved. Thereupon plaintiff appealed to this court and now presents a motion for “an order d...
Views: 0
17 Cal. App. 2d 641 (1936) SECURITY-FIRST NATIONAL BANK OF LOS ANGELES (a National Banking Association), Respondent, v. MANERVA D. BENNETT, as Executrix etc., et al., Appellants. Civ. No. 11159. California Court of Appeals. Second Appellate District, Division Two. November 25, 1936. T. Frank Courtney, Walter E. Bennett and George N. Foster for Appellants. Loren A. Butts for Respondent. Wood...
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17 Cal. App. 2d 645 (1936) MARTHA W. GLASS, Respondent, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), Appellant. Civ. No. 5647. California Court of Appeals. Third Appellate District. November 25, 1936. Edmund Nelson, William C. Day, O'Melveny, Tuller and Myers and Louis W. Myers for Appellant. Garner White and Chas. T. Woodbury for Respondent. P...
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17 Cal. App. 2d 647 (1936) GIRLIE STROSNIDER et al., Petitioners, v. SUPERIOR COURT OF EL DORADO COUNTY et al., Respondents. Civ. No. 5621. California Court of Appeals. Third Appellate District. November 25, 1936. White, Miller, Needham, Harber & Mering, Frank S. Hutton and William H. B. Haymond for Petitioners. I. Henry Harris, J. H. Morris and Henry S. Lyons for Respondents. The Court...
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This is an action for damages aris-' ing out of a collision between an automobile occupied by the plaintiffs and another driven by the defendant. After a verdict in favor of the defendant the plaintiffs made a motion for a new trial, which was granted. From the order granting that motion the defendant has appealed. The collision occurred on August 2, 1935, at the intersection of Fairmount and Wigh...
Views: 4
The action was brought to recover damages for an injury suffered by plaintiff as the result of the alleged negligence of the defendants in connection with an operation performed by defendant Kirk H. Prindle, a physician and surgeon, at the hospital of the corporation defendant, and for the pain, suffering, etc., occasioned thereby. The cause was tried before a jury. At the conclusion of the plaint...
Views: 13
17 Cal. App. 2d 674 (1936) WILLIE W. HAYMAN, Respondent, v. CITY OF LOS ANGELES et al., Appellants. Civ. No. 10992. California Court of Appeals. Second Appellate District, Division One. November 27, 1936. Ray L. Chesebro, City Attorney, and Frederick von Schrader, Assistant City Attorney, for Appellants. C. B. Conlin and E. R. Simon for Respondent. Shinn, J., pro tem. The peremptory writ o...
Views: 5
This appeal arises out of two cases, one for conversion of personal property and the other for breach of promise of marriage, both of which were consolidated in the trial court and tried together before a jury. At the close of the evidence, the court instructed the jury in each case to return a verdict for the defendant. This action of the trial court is denominated as error by appellant. Responde...
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This is an action brought to recover damages resulting from injuries sustained by plaintiffs in an automobile accident. Judgment was rendered in said action in favor of the plaintiffs and against the defendants Carl Lisko and National Funding Corporation. The appeal from said judgment has been taken solely by the defendant National Funding Corporation. Appellant was held liable as owner under the ...
Views: 0
Action for damages in which the plaintiff had judgment, and from which judgment the defendant appeals. For many years the defendant has been a grain farmer in the county of Madera, with an annual payroll exceeding $2,500, thus bringing him within the provisions of the Workmen’s Compensation Insurance and Safety Laws, even though the defendant had not complied with the provisions of that act. After...
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17 Cal. App. 2d 696 (1936) R. J. McMULLEN, Petitioner, v. GLENN-COLUSA IRRIGATION DISTRICT et al., Respondents. Civ. No. 5740. California Court of Appeals. Third Appellate District. November 28, 1936. W. Coburn Cook for Petitioner. Hankins & Hankins and A. L. Cowell for Respondents. Thompson, J. This is an original application to this court for a writ of mandamus to compel the responde...
Views: 6
This is an appeal by an executor from a decree settling his account. The correctness of the 'account depends largely, if not entirely, on the question of whether the settlement thereof shall be controlled by certain written trust agreements entered into between the decedent and the executor some ten years prior to the decedent’s death. The circumstances leading up to the execution of said agreemen...
Views: 3
17 Cal. App. 2d 710 (1936) In the Matter of the Estate of MANUEL FRANCISCO AZEVEDO, Deceased. INEZ ANDRADE et al., Appellants, v. J. F. AZEVEDO, as Administrator, etc., Respondent. Civ. No. 10319. California Court of Appeals. First Appellate District, Division One. November 30, 1936. Manuel F. Sylva for Appellants. E. H. Christian for Respondent. Knight, J. Certain heirs of Manuel Francisc...
Views: 1
17 Cal. App. 2d 713 (1936) W. N. SWASEY et al., Appellants, v. FRANCIS J. de L'ETANCHE et al., Respondents. Civ. No. 9922. California Court of Appeals. First Appellate District, Division One. November 30, 1936. Rittenhouse & Snyder, John L. McNab and S. C. Wright for Appellants. Harry J. Bias and Wyckoff, Gardner & Parker for Respondents. Gray, J., pro tem. The general and special ...
Views: 6
Appellant, convicted of perjury, appeals from the order denying her motion for a new trial and from the order denying her motion in arrest of judgment. The appeal from the latter order must be dismissed; it is not an appealable order. (Pen. Code, sec. 1237; People v. Rico, (1936) 14 Cal. App. (2d) 666 [58 Pac. (2d) 956].) Because a communication from the appellant to her husband was admitted ...
Views: 13
17 Cal. App. 2d 728 (1936) ANNA SYLVIA, Appellant, v. HELENA MELLEMA et al., Respondents. Civ. No. 11179. California Court of Appeals. Second Appellate District, Division Two. November 30, 1936. Milton D. Klein for Appellant. Joe Crider, Jr., for Respondents. Wood, J. Plaintiff appeals from a judgment in favor of defendants entered upon the return of the verdict of a jury. Plaintiff was a ...
Views: 0
17 Cal. App. 2d 729 (1936) J. M. COYKENDALL, Appellant, v. L. G. JACKSON et al., Respondents. Civ. No. 5651. California Court of Appeals. Third Appellate District. November 30, 1936. Minor Blythe for Appellant. John L. Fleming for Respondents. Plummer, J. Appellant began this action seeking a declaratory judgment under the provisions of section 1060 of the Code of Civil Procedure. The defe...
Views: 14
17 Cal. App. 2d 738 (1936) GIUSEPPE FRAGUGLIA, Respondent, v. ANGELO SALA, Appellant. Civ. No. 10216. California Court of Appeals. First Appellate District, Division Two. December 1, 1936. O'Gara & De Martini for Appellant. Anthony S. Devoto for Respondent. Sturtevant, J. From a judgment awarding damages for assault and battery the defendant has appealed. *740 The fight occurred about...
Views: 9
17 Cal. App. 2d 746 (1936) JOSEPHINE L. COOPER, Respondent, v. J. W. STEVENS, Appellant. Civ. No. 11157. California Court of Appeals. Second Appellate District, Division Two. December 1, 1936. Lasher B. Gallagher for Appellant. Thomas B. Reed and L. G. Shelton for Respondent. Crail, P. J. This is an appeal from a money judgment in favor of plaintiff for damages for personal injuries result...
Views: 1
The respondents in the trial court, hereinafter called the defendants, have appealed from a judgment directing that a writ of mandamus issue commanding them, in effect, to pay to the petitioners in the trial court, hereinafter called the plaintiffs, certain sums in salary alleged to have been unlawfully withheld and not paid. One action, as to certain claimants, was commenced by Huntsman. Another ...
Views: 4
17 Cal. App. 2d 755 (1936) THE PEOPLE, Respondent, v. JOE DAL PORTO, Appellant. Crim. No. 1495. California Court of Appeals. Third Appellate District. December 2, 1936. Levinsky & Jones for Appellant. U.S. Webb, Attorney-General, and Wilmer W. Morse, Deputy Attorney-General, for Respondent. Plummer, J. The defendant, together with one Eugene Ghilarducci and one Victor Genovali, was con...
Views: 2
This appeal is companion to and raises questions identical with those considered and determined in the case of West American Finance Co. v. Pacific Indemnity Co., Civil No. 9915 (ante, p. 225 [61 Pac. (2d) 963]), this day decided. Therefore upon the grounds and for the reasons set forth in the opinion in that case, the judgment in the present case is affirmed. Tyler, P. J., and Cashin, J., concurr...
Views: 0
This appeal is companion to and raises questions identical with those considered and determined in the case of West American Finance Co. v. Pacific Indemnity Co., Civil No. 9915 (ante, p. 225 [61 Pac. (2d) 963]), this day decided. Therefore upon the grounds and for the reasons set forth in the opinion in that ease, the judgment in the present ease is affirmed. Tyler, P. J., and Cashin, J., concurr...
Views: 2
This is a companion case with that of the defendant Joe Dal Porto; was tried at the same time on the same testimony; and is presented to us upon the same transcript, though the appeal itself is separate. The defendant’s appeal is from the order denying his motion for new-trial and judgment of conviction. No question is made as to the sufficiency of the testimony. The only points urged for reversal...
Views: 0
17 Cal.App.2d Supp. 771 (1936) THE PEOPLE, Respondent, v. FRANK OSBORNE, Appellant. California Court of Appeals. July 23, 1936. Green, McEachern & Hoffman for Appellant. John K. Hull, City Prosecutor, and Fred N. Howser, Chief Deputy City Prosecutor, for Respondent. Schauer, J. Defendant was charged with and convicted of a violation of section 4 of Ordinance No. C-1389 of the city of Long Be...
Views: 0
Plaintiff Schwab, defendant Wilson and one Williams constituted the board of directors of defendant corporation, the stock of which was so distributed among the three directors and plaintiff Seifert that no one stockholder owned sufficient to exercise voting control. In this action it is alleged that while plaintiff Schwab was suffering from an extended illness the other two directors, without ...
Views: 3
Plaintiffs, acting under a contract with defendant City of Santa Monica, were engaged in making alterations in the municipality’s street lighting system. By its terms the contract provided that- the city should be the sole judge as to the satisfaction and performance of the work done by the contractors and that it might at any time “upon ninety days’ written previous notice’’ cancel and terminate...
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The plaintiff: has appealed from a judgment which was rendered against her in a suit for the return *8of money paid on a contract to purchase real property on the ground that the agreement was breached by refusal of the vendor to execute and deliver a deed of conveyance upon payment of one-half of the purchase price therefor. The defendant denied the alleged breach and in a cross-complaint asked t...
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This is an original proceeding instituted here for the purpose of requiring the respondent judge to vacate an order made by him transferring the case of Joseph Goldie v. J. E. Chilberg to the Justice’s Court of San Diego Township and commanding him to proceed with the trial of that action in the superior court. The action in. question was instituted in the Justice’s Court of San Diego Township on ...
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13 Cal. App. 2d 16 (1936) JUDSON H. JORDAN, etc., Appellant, v. C. C. T. CLAUSEN et al., Respondents. Civ. No. 1617. California Court of Appeals. Fourth Appellate District. March 30, 1936. O. H. Myrick, Harmon C. Brown and John W. Preston for Appellant. A. Heber Winder for Respondents. Scovel, J., pro tem. For the purpose of this appeal the land involved may be considered as the east half ...
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This in an action for rescission of a contract of sale of a twenty-acre orange grove situated in San Bernardino County. In their fifth amended complaint plaintiffs allege the due execution of the contract wherein defendants Magill agreed to sell and plaintiffs agreed to buy twenty acres of oranges therein described, together with all pots and heating equipment on said land and 167 shares of water...
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The defendants were charged with conspiring to burn an apartment house owned by the defendant Taber and occupied by the defendant Sibley, with the intent to prejudice and defraud an insurance company which had insured the building. In a second count they were charged with arson, in intentionally setting fire to and burning this building. In the fall of 1932 one Eli and one Rose had been convicted...
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The defendant was charged under a complaint filed against him in the Municipal Court of the City *40of Los Angeles with a violation of section 17 of the Medical Practice Act, a misdemeanor, and he was convicted thereon. The defendant took an appeal to the appellate department of the Superior Court of Los Angeles County and the judgment of conviction by the municipal court was affirmed. Thereafter ...
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In this action plaintiff charged defendant with fraud in that he as administrator of an estate connived with the surviving husband of deceased to turn over to the latter all the property of deceased upon the representation to the court that it was community property, whereas in truth and in fact, plaintiff alleged, the whole thereof was separate property and she as a daughter of deceased was righ...
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Plaintiffs are minority stockholders in all of the defendant corporations excepting Scripps Newspapers, Inc. Defendant E. W. Scripps is the son of Mrs. Josephine S. Scripps. In 1932 she was indebted to the defendant corporations excepting Scripps Newspapers, Inc., in the sum of some $316,000. E. W. Scripps was the managing director and treasurer of all defendant corporations and after talking the...
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Defendant, according to the testimony adduced in this case, owned and controlled two corporations, each admittedly an alter ego of defendant, by means of which he engaged in the business of purchasing building and loan certificates from the general public, commonly contacting the public through newspaper advertisements. For these certificates he paid ten per cent of their face value in cash and...
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On May 5, 1930, plaintiff became the owner of certain bonds of the Angeles Hospital Association, a corporation, having acquired them for cash from Los Angeles Investment Securities Corporation, respondent herein. During the negotiations for these bonds it was represented to the prospective purchaser that all taxes and municipal assessments had been fully paid. The Hospital Association paid the in...
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This is an appeal which is presented on the judgment roll from a decree entered in a proceeding to determine heirship. The decedent died testate in San Diego County, leaving as her next of kin and heirs at law three sons and two grandchildren. The will, which is holographic in character and of which the respondent is the duly appointed and acting executor, is in the following language: “San Diego,...
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Certiorari to review an award and supplemental award of the Industrial Accident Commission, made in favor of Esther Patricia Allen, with a lien thereon inuring to the benefit of Dr. Sidney R. Garfield against unpaid compensation in the sum of $2,562.98. The facts are as follows: Esther Patricia Allen, aged 21, was employed by the County of Los Angeles in the Los Angeles County General Hospital as ...
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Appeal by plaintiff and intervener from a judgment in favor of defendant upon a written guaranty. Plaintiff sues as trustee of the Estate of Lloyd Products, Inc., a corporation, bankrupt, upon a contract of guaranty executed by defendant Jack Conway and upon stockholders’ liability. Intervener Cádwallader-Gibson Co., Inc., a corporation, is interested in the matter in suit by reason of an ...
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13 Cal. App. 2d 85 (1936) ANNA STANDAHL, Appellant v. RHEBA SPLIVALO et al., Respondents. Civ. No. 10771. California Court of Appeals. Second Appellate District, Division Two. April 3, 1936. Hansen & Sweeney and E.D. Yoemans for Appellant. W.I. Gilbert for Respondents. Wood, J. Plaintiff commenced this action against the State of California and several individuals, alleging that she was in...
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This case comes before us on a motion of the respondents to dismiss the appeal upon the ground that the printed transcript was not and has not been served and *88filed within the time prescribed by law and the rules for the Supreme and District Courts of Appeal, nor within the time provided by any written stipulation on file herein. The motion is made upon the certificate of the clerk of the trial...
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This is an appeal by the plaintiff and cross-defendants from a judgment in favor of the defendants. The action started as a suit to quiet title, but when it developed that the defendants had paid to plaintiff all or substantially all of the purchase price of the land it turned into one for an accounting and for specific performance. The plaintiff and the defendant Iwanaga entered into a written co...
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This action was commenced against defendants Financial Guarantee Corporation, Ltd., a corporation ; Fred Rogers, and others who do not appear herein as appellants, to recover certain moneys alleged to have been obtained by said defendants from plaintiff through fraudulent representations in connection with certain brokerage transactions had with the aforesaid defendants. Joined also *95 ...
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This is an appeal from an order sustaining a demurrer to a petition for a writ of certiorari on the ground that the petition fails to state facts sufficient to constitute a cause of action. The petition alleges that Bailey D. Gipner is a permanent civil service employee who was designated as manager of the division of state employment agencies of the department of industrial relations, under the s...
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13 Cal. App. 2d 109 (1936) In the Matter of the Application of CLARENCE DAVIS for a Writ of Habeas Corpus. Crim. No. 1487. California Court of Appeals. Third Appellate District. April 4, 1936. Clarence Davis, in pro. per., and A. M. Mull, Jr., for Petitioner. U.S. Webb, Attorney-General, and Ralph H. Cowing, Deputy Attorney-General, for Respondent. Thompson, J. This is a petition for a wri...
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13 Cal. App. 2d 114 (1936) F. O. BUNNELL, Appellant, v. B. WYNNS, Sr., et al., Defendants; BASICH BROTHERS CONSTRUCTION COMPANY (a Corporation), Respondent. Civ. No. 9715. California Court of Appeals. Second Appellate District, Division One. April, 6, 1936. L. E. Dadmun for Appellant. Stephen Monteleone for Respondent. Shinn, J., pro tem. Appeal from an order vacating a judgment against a ...
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The plaintiff, a widow, brought suit for damages alleged by her to have been sustained by reason of the loss of her husband, who died following injuries received as the result of an accident which occurred while he *119 was standing, or walking, at the south end of a pedestrian zone at the northwest corner of Twelfth Street and South Broadway in Los Angeles, on the 26th day of July...
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Plaintiff brought this action seeking to recover damages for the alleged wrongful death of his minor son. At the close of the testimony the trial court directed a verdict in favor of defendants, and from the judgment entered upon the directed verdict plaintiff appeals. The deceased, a boy of about 12 years of age, met his unfortunate death while he was skating with three companions on the ...
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Plaintiffs brought this action as judgment creditors of defendants Joseph Zukin Blouses, a California corporation, using the name of Joseph Zukin Inc., and Joseph Zukin. The complaint is entitled a creditors’ suit and contains two counts, but the second count is merely a repetition of the first, adding an allegation of a controversy and asking for declaratory relief. The complaint seeks to esta...
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By means of certiorari the petitioner seeks to review an order of the Industrial Accident Commission denying her claim for compensation on account of the death of her husband, which was refused on the ground that she was not dependent for support on the deceased at the time of his death, since she had previously deserted him and they were living separate and apart from each other. The petitio...
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In this proceeding petitioner sought to cancel certain taxes and to remove the lien thereof from certain real property in Fresno County. The petitioner is the widow of Claude M. Thompson, who died in April, 1930. Prior thereto he had been a partner in a business conducted under the name of Thompson Brothers, and in another business conducted under the name of Fresno Builders’ Supply Company. Th...
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13 Cal. App. 2d 140 (1936) JOHN F. EQUI, Respondent, v. CITY AND COUNTY OF SAN FRANCISCO (a Municipal Corporation) et al., Appellants. Civ. No. 9781. California Court of Appeals. First Appellate District, Division Two. April 8, 1936. John J. O'Toole, City Attorney, and Walter A. Dold, Chief Deputy City Attorney, for Appellants. Milton Marks, Robert J. McGahie, Joseph H. Mayer and Morris Lowe...
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Appellants rented from the Lyons Oil Company, a corporation, in April, 1932, certain oil drilling equipment, upon which was due and unpaid on March 1, 1933, rental in the sum of $574. On or about March 15, 1933, the Lyons Oil Company assigned its rental account and conveyed title to the equipment herein involved to the respondent. On March 1, 1933, the defendant Community Oil Company, Ltd., rented...
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In this matter it appears that in the course of, and arising out of, his employment by the Wilmington Welding and Boiler Works, Walter William Neahr, the petitioner herein, on December 9, 1934, while cutting rivets sustained an injury to his left eye, in that a piece of steel entered the eyeball, necessitating enucleation of the left eye. The percentage of disability for petitioner was fixed by th...
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This is an action in ejectment brought by W. H. Comstock, as receiver of the United States Building and *153 Loan Association of Los Angeles, against defendant to obtain possession of real property situated in the city of Altadena, county of Los Angeles, state of California, and to recover damages for its wrongful detention, its rents, issues and profits. The trial court found that...
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Appeal from a judgment after verdict of the superior court in an action for wrongful death. Plaintiffs sue as the surviving wife and son of decedent Heilman, who met his death while driving an automobile which came into collision with a light delivery truck owned by defendants Bradley and driven by their employee Hos- *161 kins. Vermont Avenue is 13Ó feet wide, divided into tw...
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Appeal by defendant from a judgment awarding damages to plaintiff for personal injuries sustained by the latter while repairing a gasoline engine owned and operated by defendant. This appeal turns largely on the question as to whether plaintiff stood in the position of an independent contractor, or was the servant or general employee of defendant. There was a sharp conflict in the evidence conc...
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This is an action brought by the plaintiff as successor in interest of the Bank of America of California, it having been stipulated in this action that the Bank of America of California was merged with and became consolidated with several banks under the name of Bank of America National Trust and Savings Association, which action is on a guaranty signed by defendant in words and figures followi...
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13 Cal. App. 2d 176 (1936) JOHANNA COYNE, Plaintiff and Appellant; D. JOSEPH COYNE, Cross-Defendant and Appellant, v. J. A. MASON et al., Defendants; WESTERLIC CORP., LTD., et al., Respondents. Civ. No. 10890. California Court of Appeals. Second Appellate District, Division Two. April 9, 1936. D. Joseph Coyne, in pro. per., and E. S. Williams for Appellants. John J. Ford, Frank M. Benedict a...
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This is an original proceeding instituted to review an order of the Industrial Accident Commission awarding Alfred Green compensation for an injury received while painting a water tank on the school grounds of petitioner. Two grounds for the annulment of the award are urged: (1) that Green was not an employee of petitioner, but an independent contractor, and (2) that the work performed by ...
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Theplaintiff instituted this action against the defendants to recover from them the cost of repairs made to a certain truck which had been purchased by plaintiff from the defendants and damages for deprivation of the use of said truck during the time the repairs were being made. It was alleged in plaintiff’s complaint that the property damage which plaintiff suffered was caused by the negligence ...
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In this action to recover damages for personal injuries, plaintiff was awarded a verdict in the sum of $3,000. Plaintiff was dissatisfied with the amount awarded and moved for a new trial because of the alleged inadequacy of the damages. The trial court made its order granting a new trial on the issue of damages alone. Defendant appeals from said order. Appellant does not question the power of ...
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Plaintiff filed this action to quiet title to a parcel of real estate. She appeals from a judgment of non-suit. In a former action plaintiff obtained judgment against defendant William E. Bullock, April 26, 1932, and purchased the realty in dispute at sheriff’s sale held pursuant to a writ of execution issued in that action. Before the judgment of April 26, 1932, defendant William E. Bullock deede...
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Plaintiff commenced this action to quiet title against defendant Peoples Lumber Company, a corporation, and certain individual defendants. The corporation failed to answer and its default was entered February 14, 1933. The individual defendants filed an answer and cross-complaint and upon the trial plaintiff recovered judgment. The court, apparently through inadvertence, rendered judgment against...
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13 Cal. App. 2d 202 (1936) MARY L. THATCH, Respondent, v. RUTH LIVINGSTON et al., Appellants. Civ. No. 10132. California Court of Appeals. Second Appellate District, Division Two. April 10, 1936. R. D. Wickham for Appellants. Sloan Pitzer for Respondent. McComb, J., pro tem. This is an appeal by defendants from a judgment in favor of plaintiff after a trial before the court without a jury....
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Plaintiff appeals from a judgment in favor of defendant B. W. Downs after the trial court sustained a demurrer to plaintiff’s complaint without leave to amend. .'The complaint alleged that: *205 A. Subsequent to June 20, 1934, plaintiff and defendant Hirschfeld conducted a business and manufactured cosmetics and other toilet articles pursuant to an agreement, which after...
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This is an appeal from a judgment in favor of respondents after a trial before a court without a jury. The propositions urged by appellant will not be considered by us, because she has failed to observe the provisions of rule VIII, section 3, of this court requiring the party alleging error to print in the briefs the substance of the pleadings in general terms. (Rule VIII, sec. 3, p. 10, Rules of ...
Views: 0
13 Cal. App. 2d 208 (1936) THE PEOPLE, Respondent, v. R. B. HURLEY, Appellant. Crim. No. 329. California Court of Appeals. Fourth Appellate District. April 10, 1936. Hodge & Evans for Appellant. U.S. Webb, Attorney-General, and Walter L. Bowers, Deputy Attorney-General, for Respondent. Marks, J. By an information filed by the district attorney of San Bernardino County the appellant and...
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This is an action to cancel and set aside the transfers of certain real and personal properties and to quiet title to the same in the plaintiff as administratrix of the estate of Conrad Bruetsch. Conrad Bruetsch died on April 6, 1931, leaving four children, of whom the plaintiff and Oscar Bruetsch were the children of a first marriage and the defendants Lillian Bruetsch and Conrad Bruetsch, Jr....
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Motion to dismiss appeal or affirm judgment. The motion to dismiss is based on the contention that the record on appeal has not been properly prepared. In our opinion the record contains everything necessary for a proper consideration of the question presented. The motion to affirm the judgment is made upon the ground that the appeal is not meritorious. The question presented for determination upo...
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This is an action brought under the provisions of section 1060 of the Code of Civil Procedure by the trustee of an express trust against the trustor and the beneficiaries for the purpose of determining and declaring the meaning and effect of a provision in paragraph XIII of the declaration of trust, which is as follows: “Should the Trustor default in the performance of any of his obligations here...
Views: 0
13 Cal. App. 2d 231 (1936) EUGENE P. GLEASON, Respondent, v. MARJORIE L. GLEASON, Appellant. Civ. No. 10930. California Court of Appeals. Second Appellate District, Division Two. April 15, 1936. G. Harold Janeway for Appellant. William Barnett Spivak for Respondent. Gould, J., pro tem. [1] It is a primary tenet of California divorce law that no divorce can be granted upon the uncorroborate...
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The sole question presented on this appeal is this: Is a power of sale contained in a mortgage revoked by the death of the mortgagor? Defendant has placed in her brief the following statement: “ So far as we are able to ascertain, this question, while suggested in several decisions to which we will refer, has never been directly passed on by the courts of this state. It has been passed on by the c...
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In this appeal, which is under the alternative method, appellant has failed to comply with section 953c of the Code of Civil Procedure, which reads in part as follows: “In filing briefs in said appeal the parties must, however, print in their briefs, or in a supplement appended thereto, such portions of the record as they desire to call to the attention of the court.” Appellant has also failed to ...
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Appellant seeks to enjoin respondents from unfair competition and to recover damages alleged to arise therefrom. The case was tried by the court, and findings on all issues were made adversely to appellant, who now appeals from a judgment denying him any relief. The trial court found that plaintiff, on or about May 1, 1928, established in the city of Tracy, California, a “drive-in” dispens...
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By an information filed by the district attorney of San Diego County, defendant was charged with the crime of murder in the first degree. He was tried before a jury which returned a verdict of guilty of murder in the first degree and fixed his punishment at confinement in the penitentiary for life. Judgment was pronounced in accordance with this verdict. From this judgment defendant has appealed....
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Plaintiff, as assignee and successor in interest of Wilhelmine and Ernest Wolkenhauer, brought this action to collect certain moneys claimed to be due as the result of a transaction involving the sale of real estate. The complaint contains four counts. The first two are for the recovery of $7,195 theretofore paid to the defendant Nat M. Crossley by the city of Oakland as an award in an eminent ...
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Plaintiff, as the assignee of the beneficiary of an accident and health policy issued by defendant to William A. Jackson, sought to recover a death benefit of $1,000 for the accidental death of said William A. Jackson. Plaintiff had judgment and defendant appeals. The sole question presented by this appeal is whether the policy was in force when said William A. Jackson was accidentally kil...
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The district attorney filed an information against William Pierce, Ernest Vidal, Gerald Mc*260Mahon and this defendant, charging them with having committed the crime of burglary. All pleaded not guilty. Before the trial William Pierce changed his plea to guilty. The other defendants were tried before the court sitting with a jury. The latter returned a verdict against all of the defendants on tria...
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Plaintiff and defendant were engaged in a merchandising copartnership. An attempt was made to settle certain differences by a formal arbitration, which was unsuccessful but which resulted in an agreement between the partners for the termination of their partnership, the adoption of certain findings of the arbitrators, the equal division of cash and the allotment of merchandise in equal shares by a...
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In 1923, P. J. van Loben Seis delivered to the plaintiff, American Trust Company (then named Mercantile Trust Company), a promissory note for $600,000, and to secure the payment of the note and further advances, he executed to the Mercantile Securities Company, as trustee, and the plaintiff trust company, as beneficiary, a deed of trust covering several thousand acres of land. Thereafter, the p...
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The respondent has moved to dismiss this appeal and has filed a certificate of the county clerk from which it appears that notice of appeal was filed on July 1, 1935; that no request for the preparation of a transcript has been filed; that no proposed bill of exceptions has been filed; that no additional time for the preparation of a record has been allowed; that no proceedings for the preparation...
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The clerk’s and the reporter’s transcripts in this action were filed in the office of the clerk of this court on March 3, 1936, and the case was placed on the calendar for argument on April 14, 1936. No briefs have been filed and no appearance has been made for defendant. The People moved to affirm the judgment under the provisions of section 1253 of the Penal Code. It is evident that the motion m...
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Application for writ of habeas corpus. The petitioner was taken into custody on a charge of violating section 844 of the Fish and Game' Code as amended in 1935 (Stats. 1935, p. 1205), it being charged that he unlawfully operated a net, other than a bait seine, for the purpose of taking fish within that portion of District 19 lying between the northern boundary of Orange County and San Mateo Point ...
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Action upon a promissory note to recover an unpaid balance due thereon. The complaint alleged that defendant W. M. Greuner, on the 5th day of December, 1929, executed a promissory note in favor of plaintiff American Trust Company in the sum of $65,000 with interest at the rate of six and a half per cent per annum and that the note became due June 5, 1930. It was further alleged that the sum of ...
Views: 0
13 Cal. App. 2d 284 (1936) STATE COMPENSATION INSURANCE FUND, Respondent, v. JOHN J. DALTON, Appellant. Civ. No. 9902. California Court of Appeals. First Appellate District, Division Two. April 17, 1936. McEnerney, Morris, Gillen & McEnerney, Charles B. Morris and Leo J. McEnerney for Appellant. Keith & Creede, Walter J. O'Connor, Frank J. Creede, Edmund D. Leonard and Percy J. Creed...
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This appeal arose out of an accident wherein an automobile owned by Wayne Smythe, and being driven with his permission by Eugene P. Hughes, struck and injured Ralph H. Field. Field commenced an action against both Smythe and Hughes, and recovered judgment against each defendant. Thereafter the judgment against Smythe was vacated upon the ground that he was a minor and no guardian ad litem had...
Views: 0
This is an appeal by J. A. d’Artenay and his wife Octavia from an order of the Superior Court of Kings County denying their motion for restitution of the property involved in this action. Various phases of the controversy have been before this court before. (Hansen v. d’Artenay, 121 Cal. App. 746 [9 Pac. (2d) 889] ; d’Artenay v. Hansen, 138 Cal. App. 39 [31 Pac. (2d) 460].) Plaintiffs w...
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Mima G. Engert was the surviving wife of Joseph Engert, deceased. By the will of said deceased, Mima was appointed co-executor of his estate, Security-First National Bank of Los Angeles being the other executor. During the time that Mima acted as the qualified executrix of said estate, she signed a contract to have a monument erected over the grave'of her deceased husband. The will did not requir...
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Plaintiff obtained from defendant an interlocutory decree of divorce January 28, 1928, in which it was provided that defendant should have custody of the minor son of the parties under certain conditions and that plaintiff should pay to defendant the sum of $50 per month for the support of the child. On June 18, 1934, plaintiff filed an affidavit for an order to show cause in which he sought to...
Views: 2
Plaintiff and appellant complains that upon awarding her a decree of divorce from defendant the court limited her alimony allowance to a period of six months and set aside an automobile to her husband as his separate property. An allowance for the support of a wife may be made for such period “as the court may deem just, having regard to the circumstances of the parties”. (Civ. Code, sec. 139.)...
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This appeal is taken from a judgment rendered in favor of respondent, who is the mother and heir at law of deceased William J. Weir, who was killed while riding as a guest with John Lukes, appellant herein. The action was based upon the theory that appellant was guilty of conduct which constituted wilful misconduct within the provisions of section 141% of the California Vehicle Act. The questio...
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This is an action against an insurance carrier to recover the amount of a judgment previously obtained against an insured. Plaintiff was injured in an automobile accident as a result of the negligence of George W. Locke, Jr., and the latter was insured against liability with the defendant corporation. The plaintiff sued Locke and recovered judgment for $3,886.65 and costs, which sum he ivas una...
Views: 6
This is an appeal from a judgment in favor of respondent predicated upon the trial court’s granting respondent’s amended petition to terminate a joint tenancy to certain real property situated in the county of Los Angeles, state of California. Viewing the evidence most favorable to respondent (Ah Gett v. Carr, 3 Cal. App. 47, 48 [84 Pac. 458]), the facts in the instan...
Views: 2
The plaintiff brought this action for partition and accounting against her former husband, the defendant, to partition certain property which she alleged was held by the parties in joint tenancy, and for an accounting of the rents and profits therefrom, and also for an accounting of the sum of 3,000 Swiss francs or its equivalent in American money, which the plaintiff alleged was her separate pro...
Views: 2
13 Cal. App. 2d 335 (1936) ULYSSES G. HOLLEY, Respondent, v. E. H. HUNT et al., Appellants. Civ. No. 10926. California Court of Appeals. Second Appellate District, Division Two. April 21, 1936. Bryan Woodson for Appellants. Halverson & Halverson for Respondent. Gould, J., pro tem. Plaintiff, inventor of a "metal toe protector" for which application for letters patent had been made, bro...
Views: 4
The defendant has appealed from a judgment which was rendered against it in a suit based on assigned claims for labor performed for the Victor Land and Mineral Company, the predecessor of the defendant corporation, which claims the appellant promised to pay. Subsequent to the performance of the labor, in part consideration of the defendant’s agreement to pay these labor claims, all of the assets o...
Views: 2
Plaintiff recovered judgment for $6,500 on account of personal injuries received in an automobile collision, and defendants appeal from said judgment. The appeal is based entirely upon the insufficiency of the evidence to support the findings made by the trial court, the ease being tried without a jury. It is first contended that the evidence is insufficient to support the finding that the ne...
Views: 3
Plaintiff instituted this action for the purpose of recovering from the defendants damages alleged to have been sustained by him because of the breach by the defendants of a certain written contract entered into, between plaintiff and the defendant Sunland Sales Co-operative Association. Buring the trial of the action, which took place before the court without a jury, it was stipulated that the...
Views: 3
I consider it necessary to briefly explain my concurrence in view of the recent case of Swartzbaugh v. Sampson, 11 Cal. App. (2d) 451 [54 Pac. (2d) 73], where this court said: “An estate in joint tenancy can be severed by destroying one or more of the necessary unities, either by operation of law, by death, by voluntary or certain involuntary acts of the joint tenants, or by certain acts or omissi...
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The complaint in this case alleges that on June 18, 1931, the defendant, in consideration of the premiums therein agreed to be paid by the insured, issued its policy of life insurance to one Samuel Feinberg. The death of Feinberg is then alleged; that the plaintiff became entitled to the sum of $10,000; that demand for payment of said sum had been made and “that each and every condition stated in ...
Views: 2
In this case the opinion heretofore filed was -recalled and a rehearing was ordered by the court of its own motion for the consideration of questions of law which were not presented in the briefs or decided by the court, but which were nevertheless presented by the record. They are questions which must necessarily arise frequently and which, for reasons which will appear, we believe should be con...
Views: 3
In an information filed by the district attorney of the city and county of San Francisco, appellant Joseph Cato and one Hugh Ritchie were jointly accused of the crime of robbery, which act was alleged to have been committed on April 26, 1935. Appellant Cato was also charged with the prior conviction of a felony, to wit, a burglary alleged to have been committed on August 20, 1932. To the charge e...
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This is an action to recover damages suffered by plaintiffs by reason of the establishment of the grade on High Drive in the defendant city and the lowering of the level of the roadway from three to eight feet in front of their property. Plaintiffs had judgment and defendant has appealed. Defendant is a municipal corporation of the sixth class. High Drive is a public street of that city. Betwee...
Views: 3
13 Cal. App. 2d 405 (1936) PAUL J. GROSSO, Respondent, v. MONFALCONE, INC. (a Corporation), et al., Defendants; TOMMY JACOBS, Appellant. Civ. No. 9615. California Court of Appeals. Second Appellate District, Division One. April 23, 1936. Charles W. Lyon, Fleming & Robbins and Clifford S. Tinsman for Appellant. Charles A. Thomasset for Respondent. Houser, P. J. As disclosed by the recor...
Views: 2
13 Cal.App.2d 412 (1936) LOREN E. CRISS, Respondent, v. THE ANGELUS HOSPITAL ASSOCIATION (a Corporation) et al., Defendants; R. B. JENKINS, INCORPORATED, et al., Appellants. Civ. No. 9908. California Court of Appeals. Second Appellate District, Division One. April 23, 1936. Mills, Hunter & Dunn and Noel B. Martin for Appellants. Holbrook, Taylor, Tarr & Reed and Joseph D. Taylor for ...
Views: 3
13 Cal. App. 2d 424 (1936) PATRICK FARMS, INC. (a Corporation), Petitioner, v. THE SUPERIOR COURT OF SANTA CRUZ COUNTY, Respondent. Civ. No. 10191. California Court of Appeals. First Appellate District, Division Two. April 24, 1936. Rosendale, Scott & Thomas for Petitioner. Wyckoff, Gardner & Parker and Hubert Wyckoff, Jr., for Respondent. Spence, J. Petitioner seeks a writ of mand...
Views: 8
13 Cal. App. 2d 427 (1936) In the Matter of the Application of HANNAH ZUKER for a Writ of Habeas Corpus. Crim. No. 2811. California Court of Appeals. Second Appellate District, Division One. April 24, 1936. Wolfson, Swetow & Brown for Petitioners. Buron Fitts, District Attorney, and Jere J. Sullivan, Deputy District Attorney, for Respondent. Houser, P. J. Habeas corpus. In this matter...
Views: 0
Divorce proceedings between the parties hereto resulted in the court granting a decree of di *434 vorce to the husband, but the custody of an eight-year-old son was awarded to the wife. After the final decree of divorce and the subsequent remarriage of the husband he instituted a proceeding for modification of the custodial order, asking that the son be placed in his custody and control. This t...
Views: 4
The defendants have appealed from a judgment which was rendered against them in a suit for injuries sustained by the plaintiff while riding as a guest in *436 their automobile. The appellants assert that the complaint fails to state facts sufficient to constitute wilful misconduct on their part, and that the findings and judgment are not supported by the evidence. The complaint fails to state...
Views: 4
Appeal from an order vacating a judgment rendered after a default, and quashing writ of execution which had been issued thereon. The complaint in this action was filed May 4, 1934, and was entitled, “H. O. Nicholls, Plaintiff, v. Carl D. Anders, A. V. Spencer, and the Partnership Consisting of Carl D. Anders and A. V. Spencer, Defendants.” The individuals, Anders and Spenc...
Views: 3
This is an appeal from a judgment in favor of respondents after the trial court refused to grant appellants’ petition to have declared void a purported deed of certain real property situated in the county of Los Angeles, state of California. Viewing the evidence most favorable to respondents (Ah Gett v. Carr, 3 Cal. App. 47, 48 [84 Pac. 458]), the facts in the instant...
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This appeal involves the question of judicial power to enforce testamentary directions as to the place and manner of burial of a decedent’s remains as against the contrary wishes of a sole surviving sister, who is the next of kin. The facts out of which the controversy arises are as follows: The testatrix, Mrs. Katherine C. Henderson, a widow, died testate on March 12, 1921, leaving an est...
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Appeal by defendant from a judgment after verdict in favor of plaintiffs in an automobile and street-car collision case. The first point urged on the appeal is that two women jurors were prejudiced against the defendant so as to be *458unable to give it a fair trial, although they denied having any prejudice upon their voir dire examinations. The evidence relied upon to show prejudice consisted of...
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The plaintiff has appealed from a judgment which was rendered against him for declining to amend his complaint after a demurrer thereto had been sustained. The second amended complaint contains two counts. The first cause seeks to recover a judgment against the defendants for the aggregate sum of $2,880 alleged to be due and unpaid on 84 coupons for accrued interest on irrigation bonds of a con...
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The plaintiffs recovered judgment in the sum of $15,000 in an action for damages as result of alleged fraud in the sale of stock made to plaintiffs by defendants. There were a number of representations alleged, and although some of them may not be classed as actionable, there is no doubt, in view of the verdict of the jury on conflicting evidence, that there was proved by credible evidence misrepr...
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In this cause there are two appeals, taken by the defendant—one from an order denying its motion for judgment notwithstanding the verdict, and the other from the judgment. They were taken separately, but by stipulation and order they have been submitted upon one transcript and a single set of briefs. *485On its appeal from the order it is urged by appellant that its motion ought to have been grant...
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The above action was brought by an assignee of Bank of America National Trust & Savings Association, a corporation, formerly Bank of Italy, etc. (which will be hereinafter referred to as the bank), to collect a deficiency following the sale of certain property under a deed of trust. On November 15, 1927, according to the testimony, Mae M. Baglieto (who will be hereinafter referred to as th...
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The complaint in this action is in two counts, one asking damages for breach of contract; the other seeking damages because of fraudulent representations inducing the execution thereof. The contract was between plaintiffs and the incorporated respondent, hereinafter referred to as “corporation”. The individual respondents were connected with the corporation. H. T. James was president and sole s...
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This is an action for the condemnation of certain properties in the city of Los Angeles to be utilized in the construction of a union passenger depot in said city. *509Appellants’ opening brief charges irregularities and misconduct of respondents’ counsel, setting up that by such irregularities and misconduct before the jury, respondents prejudiced the jury in their favor to the detriment of appel...
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Appeal in his own behalf by defendant Hamburg, from a judgment rendered against Guardian Holding Corporation, Master Holding Corporation, and' three individuals, Johnston, Pratt and Hamburg, this appellant. He contends that the judgment is not supported by the evidence. The Guardian Holding Corporation, organized under the laws of California and dealing largely with building and loan securities, h...
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Defendants were jointly charged by grand jury indictment with the crimes of forgery (Pen. Code, see. 470) and preparing false evidence (Pen. Code, see. 134). Defendant Fred Steeger pleaded guilty. Upon a jury trial his eodefendant Glab was found guilty on both counts, and Clara Steeger, acquitted of the forgery charge, was found guilty of preparing false evidence. This appeal is prosecuted by bot...
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Barbara McLeod, a minor, while riding as the guest of David C. Dutton, Jr., was injured in an automobile accident. David C. Dutton, Jr., being a minor, the plaintiff joined his father and mother as defendants. M. D. McLeod, Barbara’s father, commenced a separate action against the same defendants to recover his damages. The actions were consolidated and tried together. The jury returned verdicts ...
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Plaintiff executed her promissory note secured by deed of trust payable to defendant. In this action she attempted to have the instruments canceled upon the grounds that they were executed by her entirely without consideration and that they were obtained by means of duress. Testimony developed a situation where one Perkins, purchasing certain equipment from a corporation of *558which defendant was...
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Does an information state facts sufficient to constitute a public offense under section 501 of the Vehicle Code, where it is not alleged therein that the act was committed upon a public highway $ This is the sole question which confronts us upon this appeal. Section 501 of the Motor Vehicle Code reads as follows: “Any person who, while under the influence of intoxicating liquor, drives a vehicle a...
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By instruments dated September 30, 1930, defendant Tyderko, Ltd., sold to one Braunstein certain real property for $30,800, the purchase price payable on or before one year. The purchaser gave back a third deed of trust upon the property sold for the full amount of the purchase price, and as further security for the payment by Braunstein of the purchase price plaintiff and her husband, the latt...
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The petitioner seeks a writ of mandate commanding Judge Campbell, as one of the judges of the Superior Court of Kern County, to proceed with the hearing and determination of a certain matter and also seeks a writ of prohibition restraining all of the judges of that county from passing upon the alleged disqualification of Judge Campbell and from taking any action toward vacating or setting aside c...
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This is an appeal from a" judgment in favor of plaintiff recovered on a policy of life insurance issued October 19, 1928, by defendant upon the life of Maude Turner, who died on October 23, 1934. The statement of the question for decision on this appeal, required by section two of rule VIII, Rules for the Supreme Court and District Courts of Appeal, is thus stated by defendant on the first page...
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Appeal from an order granting a nonsuit in an action for damages, alleged to have been suffered in an automobile collision, by a guest against his host, based upon a claim of wilful misconduct. Plaintiff was injured in a rear-end collision between two Ford trucks, one being driven by respondent Yolko, the other by defendant Filippi. During the trial a motion for nonsuit on behalf of Yolko was gra...
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Plaintiff sought to recover judgment under the provisions of an accident and health insurance policy issued to him by defendant on October 19, 1928. In its answer defendant denied liability upon the ground that certain answers and statements made by plaintiff in his. application for the policy were false. Defendant filed a cross-complaint for rescission of the contract of insurance based upon the...
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These are appeals consolidated by consent of all parties from judgments for the defendant after trial by a jury in actions to recover damages for the wrong *593 ful death of plaintiff’s son, John J. Driscoll, Jr., and for personal injuries to plaintiff’s son, David A. Driscoll. Viewing the evidence most favorable to the defendant (Ah Gett v. Carr, 3 Cal. ...
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Petitioner seeks by a writ of mandate to compel the county clerk of Los Angeles County to issue a writ of execution in an action in which he obtained judgment against Daniel W. Briggs. Following a jury’s verdict judgment for $5,000 was entered on December 19, 1935, in favor of petitioner. Written notice of the entry of the judgment was served on Briggs on December 21, 1935. A motion for new trial...
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This is an appeal from a judgment awarding plaintiff the amount sued for, which arose out of an obligation upon a balance due on an open book account for lumber sold defendants. The question here presented is whether the evidence is sufficient to justify the finding that the dealings between the parties constituted a joint venture of Walls and DeKatz. The latter defaulted and did not appear at th...
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Blanche Tharp is a teacher in the public schools of this state. J. H. Ledford holds an unsatisfied judgment against her. Shortly after obtaining this judgment Blanche Tharp executed an assignment of her teacher’s salary earned, and to be earned in the future, to certain designated firms and individuals to whom she was indebted, for the necessities of life. Thereafter Ledford filed with the proper...
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An indictment was returned against the defendant charging him with the murder of one Ernest B. Hanks. From a judgment of conviction of manslaughter and from an order denying his motion for a new trial this appeal was taken. Hanks and the defendant had been friends and neighbors for some period of time. In April of 1935, the two men entered into a contract to cut hay upon what is known as the “o...
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action in interpleader was instituted in the superior court by plaintiffs whose complaint alleged that they held a specified sum of money which was claimed by each of the defendants named in the action, that plain *614 tiffs were unable to determine which defendant was entitled to receive the money as to which plaintiffs denied that they had any claim and alleged their willingness ...
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Dismissal for failure to bring ease to trial within the statutory period. The action was one brought to recover certain personal property consisting of 104 cases of paper and was filed March 28, 1929. The answer of defendant San Francisco Warehouse Company was filed November 29, 1933, and that of defendant Pacific National Bank was filed November 25, 1933. The record does not disclose the reason ...
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This is an appeal from a judgment of the superior court declaring that petitioners are entitled to a peremptory writ of mandate ordering their reinstatement to full-time positions in the department of parks of the city of Los Angeles, upon full pay; and further directing the said city to draw warrants in favor of petitioners for the difference in wages between those paid and those appurtenant t...
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Plaintiff and appellant, Omer L. Sharp, is a physician, and the defendant and respondent, A. G. Keating, is a stockbroker, and also president of Big Jim *638Mines, Inc. It appears that appellant had bought and sold stocks through respondent’s office over a period of several years. On December 29, 1933, appellant agreed to purchase from respondent 50,000 shares of Big Jim Mines, Inc., stock, at six...
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Negligence—Personal Injuries. The sole question involved in this appeal is whether or not plaintiff was guilty of contributory negligence as a matter of law. There was evidence to show that on November 14, 1931, at *642about 5:30 P. M., respondent, a woman some sixty-one years of age, was proceeding westerly on the northerly side of Broadway in San Francisco. It was dark and a heavy rain was falli...
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Lincoln Weaver was burned in a gasoline fire and from that injury he died January 22, 1927. His widow and two children commenced this action to recover damages. The jury returned a verdict in the sum of $50,000 and from the judgment entered thereon the defendants have appealed. In the block located between Second and First Streets and Washington and Broadway in Oakland, a private plant is ...
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The record herein discloses that in an action to recover a deficiency alleged to be due upon a promissory note secured by a deed of trust, after a sale of the real estate described therein by the trustee thereunder, a general demurrer was sustained to the complaint, without leave to amend, the only ground for such action appearing to be the failure of plaintiff to comply with section 2924% of the ...
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The sole question presented on this appeal is this: Did the trial court abuse its discretion in granting plaintiff’s motion to terminate proceedings for preparation of the reporter’s transcript? The appeal is from such an order. The notice of appeal from the judgment was filed on April 14, 1934. On the same day the defendant filed her notice to the cleric of the court to prepare the transcript but...
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This is an action brought for the purpose of obtaining a writ of mandamus directing and commanding defendants to reinstate plaintiff as institutional storekeeper *654 at Agnew State Hospital, a position from which he was removed, and to recover damages for loss of wages from the 5th day of October, 1933, to such time as he may be reinstated. Plaintiff’s salary was $110 a month with maintenanc...
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The petitioners seek a writ of prohibition restraining proceedings in contempt. An alternative .writ was issued by the Supreme Court and transferred to this court for hearing and determination. On the hearing respondent rested on the assumption that the petitioners were acting in violation of a prohibitory injunction pending an appeal. We do not deem this question determinative of the rights of th...
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Plaintiffs sued for damages for the death of their child aged four years and eight months. The cause was tried before the court sitting without a jury. Findings were made that defendants were not negligent and that plaintiffs were guilty of contributory negligence. The appeal is confined to an attack on these findings. The defendant Oden was operating a truck in the delivery of milk. While the ...
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Joseph Gorzeman, an infant three years old, while playing, on May 22, 1933, in the driveway which circled his home, was backed into and hit, or run over, by the right rear wheel of a bakery wagon operated by defendant Poling, who was at the time an employee of defendant Artz. The bakery wagon in question was an automobile which was made up of a box mounted upon an automobile chassis. The box wa...
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Appellant corporation is the assignee of The Cleaners Equipment Corporation, which latter corporation, on September 14, 1931, entered into written contract with respondents herein, whereby it agreed to sell, on conditional sale, cleaning equipment described in the contract, which contract guaranteed that the equipment would “supply 700 gallons of clean solvent per hour”, and contained other gua...
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The defendant herein, who was charged by information with violating the state Narcotic and Drug Act, was tried by the court, sitting without a jury, and found guilty. The court also found against the defendant on a plea of “Once in Jeopardy”. Appeal is from the judgment and from an order denying a motion for a new trial. Two informations were filed, charging identical offenses. The first one, w...
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Plaintiff brought this action in eminent domain to condemn a right of way for a highway across land of the estate of Charles Emerson, deceased. The trial court awarded defendants $37.68 damages for the property taken, and $270.90 severance damages. While the appeal is from the entire judgment plaintiff does not question the correctness of the award of damages for the property taken. The d...
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Petitioner seeks mandamus to require respondent board to award her a pension as the widow of a police officer. A demurrer to the petition was sustained and petitioner has appealed from the judgment on the demurrer. The petition alleges that Emmett Hogan died “as the result of an injury incurred while in the performance of his duties”, but that the respondent board, after hearing her application, r...
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Plaintiff in this ease was arrested on July 5, 1935, incarcerated in the jail attached to Georgia Street Police Station in Los Angeles, and released the following morning. His complaint alleges that upon being taken to a cell, he was assaulted by the turnkey, one O. N. Conn; that when his personal effects were delivered to him, upon his discharge there was missing the sum of $35 cash which he cla...
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This is an appeal from a judgment of dismissal entered after demurrers of respondents Hirsch and Morton to plaintiff’s amended complaint were sustained without leave to amend. The basis of the demurrers is that the action upon its face is barred by the statute of limitations, specifically by the 1933 amendment to section 337 of the Code of Civil Procedure and section 580a of the same code, whi...
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This is an action on a promissory note for $5,141.18, executed by the defendants and delivered to the plaintiff. From a judgment in favor of the defendants the plaintiff has appealed on a bill of exceptions. After the note became due the appellant delivered the same to one Geo. C. Wells with an endorsement reading: “Pay to the order of Geo. C. Wells, without recourse. George Kaku.” Wells exhibi...
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Defendants appeal from a judgment entered upon a jury’s verdict, awarding damages for injuries received in an automobile accident. Plaintiff, a nurse -stationed at San Diego Navy Hospital, drove to Indio, accompanied by two other nurses, Misses Pipher and Leopold, for the purpose of meeting there Dr. and Mrs. Scholz, appellants in this case. Next morning the entire party breakfasted together at t...
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Petition for writ of prohibition. It appears from the record that one Zoe Lowe Brown, as plaintiff, commenced an action in March, 1932, against her husband, Herbert Cutler Brown, petitioner herein, upon a certain property settlement agreement which was entered into between the parties in the year 1919 while they were husband and wife. Plaintiff set up and alleged in her complaint five distinct an...
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to the year 1932, plaintiff and respondent herein was the owner of a lot in Long Beach, improved with a one-story building. He had borrowed $16,000 from a bank, giving his promissory note therefor and executing a mortgage on said property in favor of the bank to secure the note. Erganian was unable to meet the note when it fell due in 1932, whereupon the bank instituted foreclosure proceedings, a...
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The appellant and his two codefendants were charged with the crime of burglary. Defendant Parker appeals from the sentence and judgment, and order denying his motion for a new trial. As proof of the offense alleged in the information, the evidence reveals that a dress shop in Los Angeles was burglarized and about one hundred dresses and a fur coat were stolen. Entrance was gained by forcing ope...
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Under an ordinance of the City of Los Angeles plaintiff and his assignors paid to that municipality under protest various sums of money for liquor license stamps, both before and after December 5, 1933, the effective date of section 22, article XX of the Constitution of the state of California, which vested in the state the exclusive right and power, subject only to United States internal reven...
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This action is an original proceeding in mandamus, brought by ninety-three persons who had been appointed to state positions by and with the State Board of Equalization, and has for its purpose the reinstatement of petitioners to their positions and the recovery of unpaid salaries. These appointments were made by the State Board of Equalization, which board also fixed the class and grade of positi...
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The last will of Mattie S. Peterson was admitted to probate on December 20, 1932, and appellant H. A'. Hardinge was appointed executor. Under the terms of said will, appellant May Spencer, a friend of the deceased, was named as residuary legatee. On June 3, 1933, a contest and petition for revocation of probate of the will was filed by respondents. Four of the respondents were sisters of John Aug...
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The action was brought by plaintiff as the assignee for collection of Herbert Inc. to recover for the loss by fire of a lot of prunes claimed to have been owned' by the latter and to have been covered by a policy of fire insurance issued to it by the defendant. The ease was tried before the court, which rendered judgment in defendant’s favor. The plaintiff appeals. There is no dispute as to the fa...
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This is an appeal from a judgment which was rendered against the plaintiffs for failure to amend their complaint after a demurrer thereto had been sustained on the ground that it fails to state facts sufficient to constitute a cause of action. There are 550 plaintiffs who are parties to this action. They are retail merchants doing business in- California. The complaint alleges that they pa...
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This is a motion to vacate and set aside the judgment and order of this court made in this case on March 9, 1936 (In re Moffett, 12 Cal. App. (2d) 320 [55 Pac. (2d) 584]), on the ground that the court had acquired no jurisdiction to proceed because a copy of the application for the writ of habeas corpus was not served upon the district attorney of Tulare County, where petitioner was held in...
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This is an appeal from an order denying defendants' motion to vacate their defaults and a judgment *744 rendered against them. The motion was made under the provisions of section 473 of the Code of Civil Procedure. They thus briefly set forth in their opening brief many of the material facts of the ease: “On March 15, 1933, the Superintendent of Banks, acting under the then re...
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Petitioner sought a writ of mandate to compel respondents to pay to him salary as supervisor of rural schools of Kings County and to reinstate him in' such position. Judgments went for respondents and" petitioner has appealed. Petitioner was employed by Elsie I. Bozeman, the then superintendent of schools of Kings County, as supervisor of rural schools of that county for the school year ending ...
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This contest between plaintiff as a minority holder of about 27 per cent and interveners as majority holders of about 51 per cent of defaulted bonds of an issue of $1,250,000 upon the hotel properties of the Santa Barbara Biltmore Corporation presents facts strictly analogous to, and a trust indenture almost identical with that involved in Pacific States etc. Co. v. Hollywood Knickerbocker, Inc., ...
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This is a companion case with the action entitled “Anderson v. Calaveras Central Mining Corporation” (ante, p. 338 [57 Pac. (2d) 560]), in which cause an opinion of this court was this day filed. Both suits involve the same claims. They were heard and determined on the same evidence. The pleadings, findings and judgments in these cases were, however, separate and distinct. This action was bro...
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Action for the value of certain shares of stock claimed to have been converted. The complaint, which is in two counts, alleges in substance that plaintiff and Mariah L. Emmert made and delivered to defendant United Bank and Trust Company of California their joint and several promissory note for the sum of $6,000 and as security for the payment of the same plaintiff transferred to the bank all h...
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Appeal by plaintiff from a judgment in favor of defendant in an action for damages for alleged libel. When the action came on for trial the court sustained an objection of the defendant to the introduction of evidence, upon the ground that the complaint did not state a cause of action, and granted defendant’s motion for judgment on the pleadings, which judgment was duly entered. The c...
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Plaintiffs sued to recover damages resulting from the death of their daughter while riding as the guest of defendants. The cause was tried by the court sitting without a jury and from a judgment in favor of plaintiffs in the sum of $5,000, defendants have appealed. It was charged in the complaint that the death of the daughter was proximately caused by the intoxication of defendant Beverly Bake...
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Defendant was charged with the crime of murder. On a first trial he was convicted of second degree murder. He appealed and obtained a reversal. A second trial resulted in a conviction of murder in the first degree. The appeal is from said judgment. Defendant and the deceased were husband and wife. About a week prior to the act charged in the information the decedent had been granted an interlocuto...
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In this appeal all of the points upon which appellant relies for a reversal are based upon the rulings of the trial court in sustaining or overruling objections to the introduction of evidence. The appeal comes to us on the judgment roll alone, for the reason that there was a long delay by the appellant in the preparation of the reporter’s transcript and the trial court, after due notice and a hea...
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The plaintiff appeals from an order vacating a judgment. A trial was had commencing March 7, 1934, and resulting in a judgment for plaintiff entered March 22, 1934. On April 26, 1934, after having filed a notice of intention to move for a new trial, the defendant, Alfred Medeiros, filed a disaffirmance of the judgment on the grounds of his minority during the course of the trial and because no gu...
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Plaintiff appeals from a judgment in favor of defendant Hazel A. Dunlap and an order obtained by defendant Lulu C. White, modifying a temporary injunction. The facts are these: Pursuant to the requirements of subdivision 3- of section 6 of Act 3814, volume 2, Deering’s General Laws, page 1930, plaintiff, as surety, filed with the commissioner of corporations of the state of California...
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On May 27 1926, Oliver A. Bonnell executed a note for $11,000 to Rosie Newman, secured by a mortgage on certain real property. On July 7, 1932, and after maturity, Rosie Newman assigned this note and mortgage to Mamie Cohen, who brought this suit to foreclose the same. The answer of Bonnell admitted substantially all of the- allegations of the complaint, and by way of counterclaim alleged that Ro...
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Plaintiff and respondent is the surviving wife of Willie Martinez, deceased, who on April 20, 1933, as an employee of the city of Los Angeles, and a member of the Los Angeles City Employees Association, had issued to him a group life policy in the amount of $2,500. *43 The beneficiary named in the policy was Leatha Hudson Martinez, defendant and appellant herein, described as the wife of the in...
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Petitioners seek by mandamus proceedings to compel the respondent court to set aside an order dismissing appeals and to proceed with trials de novo in said court. It appears from the petition for writ of mandate that on April 30, 1935, at a time when there was pending in the Justice’s Court of Santa Monica Township an action entitled Jack L. Horn, Plaintiff, v. Anna K. Beardsley, Defenda...
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This is an appeal from a judgment of dismissal entered after the trial court granted defendant’s motion for nonsuit at the close of plaintiffs’ ease. In plaintiffs’ opening brief the sole question argued is: Where an automobile is driven by the daughter of the owner, with his express or implied consent, and a guest is injured through the alleged wilful misconduct of the daughter, is the father,...
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This is an action to recover upon a broker’s bond for $5,000, issued in accordance with the requirements of subdivision 3 of section 6 of the Corporate Securities Act, as amended (Stats. 1931, p. 944). The action involves three transactions had by the plaintiff and cross-complainants, respectively, with the brokerage firm of W. P. Smith & Company, for which firm the corporate defendants had fur...
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This is an appeal by the defendant Raymond Lewis from a judgment rendered against him upon a promissory note, after the trial court had directed the jury to disregard his defenses and counterclaims, and had further directed the jury to find a verdict for the plaintiff upon all issues except the amount of the attorney’s fee to be allowed the plaintiff. Upon rendition of the verdict as directed by ...
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The salient facts of this case as set forth in the brief of respondents Stella M. Atwood and Julia Myers, and the contention of the parties herein, are as follows : “Respondents Atwood and Myers being the owners of a considerable tract of land in Riverside County, arranged with Messrs. Millar, Stearns, Davis and Webster, to subdivide and sell out the property. ’ ’ (A tract of 410 acres in ...
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The plaintiff appeals from a judgment for defendant following an order sustaining a motion that no evidence be received upon the ground that the complaint *90 failed to state a cause of action. Such a motion is in the nature of a general demurrer to the complaint and, for that reason, we disregard all the extraneous matter 'inserted in the briefs of both parties. The action is...
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Two actions, one by an injured minor and the other by the father of the injured minor, were brought to recover damages resulting from the injuries sustained by the minor in an automobile accident. Said actions were consolidated for the purpose of trial and for the purpose of this appeal. Judgments were rendered in said actions in favor of the plaintiffs and against the defendants Jay Seaman and C...
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This is an appeal from a judgment in favor of respondents after a trial before a court without a jury. Appellant has failed in his opening brief to present each point separately under an appropriate heading, showing the nature of the question to be presented and the point to be made without any other matter appearing thereon. (Rule VIII, sec. 2, p. 10, Rules for the Supreme Court and District Cour...
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This is a petition for a writ of prohibition to restrain the respondent judge from trying a damage case on the ground that he is disqualified, under the provisions of section 170 of the Code of Civil Procedure, having previously expressed his opinion to the effect that one of the petitioners and his witnesses had committed perjury in testifying at a former trial of the same cause regarding a mate...
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These appeals are from judgments in actions for damages awarded for the death of Donald Scott, aged nineteen years, and Berta Rideout, a young woman of twenty-two years of age, who were killed as a result of a collision between a Ford automobile in which they were riding, and an oil truck belonging to the Gilmore Oil Company, *107 on the Merced-Yosemite highway, at about 1:30 o’clock in the aft...
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Appeal from a judgment in favor of plaintiffs and from an order denying motion for a new trial. During the year 1933, defendant city raised the street level of a thoroughfare known as Newmark Street approximately 25 feet. Newmark Street runs in an easterly direction from a north and south street known as Atlantic Avenue. One block north of Newmark Street, parallel with it, and extending in...
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This is an action to determine the title to a parcel of land which had been sold under the provisions of a deed of trust. The defendant bank was the trustee and the defendants Ramsey, who were the beneficiaries under the trust deed, purchased the property at the sale. In a first cause of action the plaintiffs set forth certain of the facts leading up to the sale, followed by certain facts purporti...
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This is an appeal from a judgment for damages for libel on the judgment roll alone. The sole question presented for our determination is whether plaintiff’s complaint is good against a general demurrer. If it is, the judgment should be affirmed; if not, it should be reversed. Plaintiff is the owner of KNX, one of the largest and most popular radio stations, so powerful in its number of kilowatts ...
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Plaintiff commenced this action to quiet title to the furniture and fixtures of the Vista Mar Monte Hotel *127at Santa Barbara. The case was tried on an agreed statement of facts which has been incorporated in the findings. Plaintiff appeals on the judgment roll from a judgment in favor of defendants. A chattel mortgage was executed by the owner of the hotel on July 28, 1931, in favor of plaintiff...
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When the purser of a coastwise passenger vessel checked off his “berthing sheet” upon arrival at Wilmington, California, April 3, 1933, two passengers, “Mr. and Mrs. Smardon”, did not disembark. Search of their cabin revealed no occupants, but two notes'. One, addressed to the purser, read: “You have two individuals as your guests traveling under a nom de plume of Smardon. The true n...
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The petitioner, County of Los Angeles, seeks to annul three awards of the Industrial Accident Commission issued November 26, 1935, in favor of Alfred A. Cordes, an employee of petitioner in its forestry department. While engaged in lifting a heavy tire wheel from a truck on December 1, 1933, Cordes slipped and fell. He felt a severe pain in the lower part of his back and his left leg was paralyzed...
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Plaintiff corporation, in financial difficulties while drilling an oil well, made an agreement with defendant as trustee for the benefit of said corporation, its creditors and stockholders, whereby it conveyed its property and business to defendant for the purpose of managing and conducting the same, and particularly for the purpose of entering into a contract with one L. C. Hisey to take over the...
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Indicted by grand jury, defendants were found guilty of second degree burglary after trial by the court, jury having been waived. From the court’s judgment and order denying motion for new trial they appeal. At the time of the crime charged appellants were employed as radio police officers by the Los Angeles police department, working a “prowl car” on a night shift. Aluminum ware in considerabl...
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This is an action to foreclose a chattel mortgage. The answer set up as a defense that there was no consideration for the debt and that the plaintiffs had waived the lien of the mortgage by selling certain real estate under a deed of trust. The answer alleged that the defendant was indebted to the plaintiffs in the sum of $3,500, evidenced by a note secured by a deed of trust on real estate; that...
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On October 14, 1934, at about 12:50 A. M. on a straight portion of Highway 99 at a point about 18 to 20 miles north of Bakersfield, California, the plaintiff Myrtle E. Butcher was riding with other persons in a Ford truck being driven in a northerly direction at a speed of approximately 20 to 25 miles per hour. The pavement was dry; there was no fog or rain. The Ford truck was at all times near...
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Two automobiles, one driven by the defendant Morris J. Schwartz and the other by Frederick Smith, collided on the Bayshore highway in Burlingame where said highway is intersected by Winchester Avenue. Smith’s infant daughter Lorraine, eight years old, was riding with him at the time, and as a result of the collision Smith was killed and the child suffered very severe permanent injuries. Thereaf...
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In a proceeding before the Industrial Accident Commission petitioner’s claim for a death benefit based upon the death of her husband, Leo IT. Hubbert, was denied. By writ of review she seeks to annul the commission’s findings and award. A. 0. Miller, doing business as A. 0. Miller Company, entered into a written contract to waterproof a concrete vat for the Aztec Brewing Company of San Die...
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This is an appeal from a judgment dismissing a petition for a writ of mandate after a demurrer thereto was sustained. The facts are: November 18, 1930, Tolson Transportation System, Inc., purchased four trucks under a conditional sales contract from appellant’s assignor, reserving legal title in the vendor. The vendee operated the trucks as a common carrier on public highways of the state of Calif...
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Appellants were found guilty by a jury of malicious and reckless possession of dynamite as that crime is defined in section 6, Act 2433, General Laws of California. They now appeal from the judgment, order denying motion for new trial, and order denying motion in arrest of judgment. No appeal lies from an order denying a motion in arrest of judgment, and such appeal will therefore be dismi...
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A complaint was filed in the Justice’s Court in Fresno County charging the petitioner and a man named Monroe with having the carcass of a female deer in their possession in violation of section 1250 of the Fish and Game Code, as amended. (Stats. 1935, p. 1320.) Monroe pleaded guilty and was fined $75, and the petitioner "stood trial. The first jury disagreed, but on a second trial he was convicted...
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This is an action against the sheriff and his official bondsman for negligence in releasing property taken by the sheriff under attachment without receiving a sufficient bond for the release of the attached property. The complaint alleges that plaintiff filed an attachment suit against Peppers Fruit Company; that an attachment was levied by the sheriff upon the property of said company; that this ...
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Plaintiffs, lessors under an oil and gas lease dated July 12, 1922, recovered from Rio Grande Oil Company, assignee of the original lessees, W. R. Ramsay and IT. T. Coffin, certain sums as royalties, which the trial court found to be due in addition to the royalties theretofore paid under the lease. Defendant Rio Grande, hereinafter referred to as the defendant, appeals. The lease provided that “I...
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Plaintiff brought this action to recover damages for injuries sustained in a collision between his automobile and one driven by defendant, alleging that the collision was proximately caused by the defendant’s negligence. Defendant, answering, denied he was negligent, and interposed a cross-complaint alleging that the collision was proximately caused by the negligence of plaintiff. The trial took p...
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Petitioner seeks his release from the county jail of Monterey County to which he was committed for sixty days. On August 29,1935, petitioner entered a plea of guilty to a charge of misdemeanor for which the maximum possible term of sentence was six months. (Pen. Code, sec. 19.) He was thereupon sentenced to the county jail for sixty days, but sentence was suspended and he was placed upon probat...
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This is an appeal from a judgment in favor of respondent after the trial court (1) sustained a demurrer to counts 1, 2 and 4 of appellant’s amended complaint without leave to amend, and (2) granted a motion for nonsuit as to counts 3 and 5 of the amended complaint. Appellant has failed in his opening brief to present each point separately under an appropriate heading, showing the nature of the ...
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This is an appeal from an order of the probate court admitting to probate the will of Mary Marcus, deceased. In the action the appellant, Louis Marcus, was the contestant or plaintiff, and the executor named in the will and others were the proponents or defendants. With considerable skill and much to our convenience the contestant has set forth in his statement of questions involved the points ...
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This cause is before us for the second time on an appeal prosecuted by the contestants based upon the ground of alleged undue influence in the making of the will executed by the deceased on the 12th day of April, 1933. Upon the institution of this action three grounds of contest were alleged: Lack of execution of the will; undue influence; and unsoundness of mind. The trial court granted a...
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This is an appeal from an order denying defendants’ motion for a change of venue from Alameda County to Butte County. The record presents no question of fact and but one question of law. The plaintiff’s action against the defendants was one brought in Alameda County for declaratory relief. The defendants contend that D. P. Corcoran and John Doe Miller, copartners doing business under the name of ...
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This is an appeal from two orders construing the holographic will of the testator, a portion of which reads as follows: “My property consists of two notes of $5500.00 each, two houses and furniture in Los Angeles on one lot,. one two story brick building in Ocean Park, some cash in bank. To Myrtle Codrick I will one of my notes of $5500.00 date June 10,1929, secured by mortgage on the property ...
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This is an appeal by the trustees from an order of the probate court disallowing and disapproving their first and final account. Mary Belle McLellan died on January 15, 1927, leaving a will in which she designated the three appellants herein as executors and also as trustees of certain trusts created by the will. One of such trusts was for the benefit of Mary Bates McLellan with remainder on he...
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Plaintiff was president of the Coast Braid Manufacturing Co., Ltd., a corporation (hereinafter *276called “corporation”), which corporation had on January 19, 1931, made its promissory note in the sum of $5,000 to defendant as payee, in return for that amount of money loaned to the corporation by defendant through the persuasion of one G. P. McGregor. Before delivery of said note to defendant, it ...
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Plaintiffs in this case in return for a deed to the Windsor Apartments (which were heavily encumbered and under foreclosure at the time), and a note for $20,000 made to them as payees from one Rabinowitch and wife, received from Craig and Wallace $22,000 in notes. Of this latter sum $15,000 was made up of five several promissory notes of defendant and appellant herein, Leonard J. Woodruff (here...
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This is an appeal from an order denying probate of an alleged lost and destroyed will. Appellant, the proponent of the will, presents several questions which are framed in language satisfactory to herself and the obvious answers to which are in her favor. But the fact remains that the case is almost exactly on all fours with the case of Estate of Ross, 199 Cal. 641 [250 Pac. 676], and is clearl...
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The plaintiff has appealed from a judgment which was rendered against her pursuant to section 629 of the Code of Civil Procedure, notwithstanding the verdict of a jury which was previously returned against the defendant, Southern Pacific Company, for negligence in maintaining an alleged unsafe place in its railroad yard at Roseville where the plaintiff’s intestate was required to work. Prior to hi...
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This is an appeal by defendant and appellant Young from a judgment in favor of plaintiffs and respondents permanently enjoining appellant from exercising any acts of possession, and from removing ore from the premises involved, together with damages for the unlawful removal of such ore during the time appellant was in possession. The facts may be summarized as follows: The action primarily is in t...
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The petitioner was convicted in the Police Court of the City of Modesto, of conducting, carrying on and managing the business of auctioneer without paying the license fee therefor, a misdemeanor, and was sentenced to pay a fine, and in default thereof to be imprisoned in the county jail of the county of Stanislaus until such fine was paid. The fine not being paid defendant was committed to jail an...
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This is an action to recover taxes paid under protest to the defendant State Treasurer. Plaintiff was organized under the laws of this state July 6, 1927. Prior to this date an association by the name of Western Travelers Accident Association of Nebraska, carried on a mutual benefit insurance business in Nebraska. This Nebraska association was licensed in 1924 to do business in California. On Sept...
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The defendant Arthur H. Bevilockway and Margaret Bevilockwa3r are husband and wife and were at the times hereinafter mentioned. For some time prior to April 26, 1932, Margaret Bevilockway was the owner of a Buick automobile. She carried indemnity insurance issued by the Independence Indemnity Company. By the terms of the policy that company agreed to pay not to exceed $20,000 for injury to one pe...
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From the testimony in this case it appears that plaintiffs acquired a ten-acre orange grove with ten shares of water stock, giving to Mrs. Nora A. Hinman as part of the purchase price their promissory note for $14,500 secured by mortgage upon the real property, including buildings, “water rights” and other appurtenances. They also pledged her the water stock; and at the time it was understood and ...
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Defendants executed and delivered their promissory note for $7,500, secured by deed of trust, to the nominee of C. Morton Booth as security to the latter for his attorney’s fee. The parties had agreed upon a fee of $5,000, but when this could not be paid in cash the secured note was given in the expectation that it could be sold for the amount of the agreed fee. The services for which he was emplo...
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This is an appeal from an order construing the will of Elizabeth Whitcomb, deceased. Boiled down the pertinent parts of the will read as follows: “I am possessed of certain liquid bonds, mortgages, stock and cash on hand, from which funds can be readily realized for payment,” etc. [The will then proceeds to provide bequests to various of her friends and to her sister. Then in the sixth paragraph i...
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The plaintiff, an owner of real property-in the city of Porterville, instituted this action against defendants for declaratory relief with respect to certain street improvement bonds representing assessments levied against its property to cover the proportionate cost of paving certain streets in the above-mentioned city and to quiet its title to the property against the claims of defendants the...
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Defendants were charged with the crime of murder in the first degree, found guilty with the recommendation of life imprisonment and sentenced to the penitentiary. Their motions for new trials were denied and they have appealed from the judgments and orders. At about 10 o’clock on the evening of September 8, 1935, Paul Arriola was shot to death by Jose Gonzales in an anteroom to Arriola’s taxi d...
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A White auto-truck, owned by Walkup Drayage & Warehouse Company and then being operated by its employee, Harold Rumsey, easterly on Broadway, in the city and county of San Francisco, struck the right side of a Chevrolet sedan automobile, then being driven southerly on Sansome Street by its owner, Charles F. Groat. In an action, brought by the latter against the former, to recover damages for in...
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Plaintiffs sued to recover damages arising out of personal injuries sustained by them in an automobile accident. The cause was tried by the court sitting with a *362 jury and from a judgment in favor of plaintiffs, defendants appeal. The accident occurred at about 1:45 A. M. on the morning of January 27, 1935, at the intersection of Main and Cedar Streets in Redwood City. Plai...
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Plaintiff and another roofing contractor were called to examine the roof of an old two-story residence in an effort to locate a leak. While leaning against a guard rail enclosing a second-story porch the rail gave way and the two men were precipitated to the cement pavement fifteen feet below. Plaintiff brought this action to recover damages for the injuries he suffered. His suit was directed aga...
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This is an appeal from a judgment rendered in favor of Jack Wheeler against William Buerkle. We will refer to William Buerkle as the defendant. Plaintiff was awarded damages for injuries suffered in a collision between an automobile owned and driven by defendant, and another owned by Augusta T. Rambaud and driven by Lillian Nikkei with the knowledge and consent of the owner. The collision ...
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The defendant, who was the assessor of San Diego County, was charged with a violation of subdivision 6 of section 424 of the Penal Code, it being charged that he wilfully omitted to transfer to the county treasurer the sum of $356.40 which he had collected from various persons as taxes on personal property and when it was his duty, under the law, to transfer said money to the treasurer. He was tr...
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Petitioner filed her petition in the superior court seeking a writ of mandate to compel the defendant society to reinstate her as a member. From a judgment denying the writ, petitioner appeals. The defendant society is a benefit society paying certain sick benefits and funeral benefits. Petitioner had been a member thereof for 22 years and during that period had paid dues in the sum of approximate...
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This is an appeal from a judgment of the superior court denying admission to probate of a holographic will. The instrument consisted of a double sheet of foolscap paper containing the dispositive clauses signed by the testator but not dated and a codicil thereto signed by the testator *389 and dated “March nineteen hundred and thirty”; both were inclosed and sealed in an envelope which bore on ...
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The appellant was convicted in the Superior Court of Humboldt County of the crime of burglary of the first degree, a felony. The transcript on appeal was filed in this court April 2, 1936. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument *392on June 1, 1936. No appearance was made for appellant at the time the case was called for hear...
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Appellants, together with one F. H. Mc-Cann, were accused in an indictment of conspiracy to take property of another through false pretenses and representations. The co-defendant, McCann, was not apprehended and the case proceeded to trial against the two appellants upon their pleas of not guilty. When the evidence of the prosecution was closed a motion was made to advise the jury to acquit on th...
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Appellant is the administrator of the estate of George A. V. Smith, deceased. Appellant was substituted in this action as plaintiff, the case having been originally filed by Smith, who died thereafter. For purposes of convenience, however, plaintiff and appellant will be sometimes referred to as Smith. As a result of a contract executed on May 29, 1931, Smith obtained from the defendant, in add...
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The defendant was convicted of rape and also of robbery and appeals from the judgment. The points upon which he relies are not separately stated in Ms brief, but we can see that he complains (1) about the sufficiency of the evidence and (2) about certain remarks made by the district attorney in his closing argument to the jury. With regard to the evidence he argues that “a number of witnesses were...
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Appellant was convicted after trial before a jury of having violated section 501 of the Vehicle Code. (Stats. 1935, p. 174.) This appeal is from (1) the judgment and (2) the order denying his motion for a new trial. Viewing the evidence most favorable to the prosecution (People v. Dukes, 90 Cal. App. 657, 659 [266 Pac. 558]), the facts in the instant case are: Shortly after midnight, Decemb...
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Plaintiff, while standing in a safety zone in the city of Stockton, was struck by an automobile driven by defendant, inflicting serious injuries upon her, among others being fractures of the pelvis. An action to recover damages for these injuries thus inflicted resulted in a judgment in favor of plaintiff. From this judgment defendant appeals upon the ground that the court erred in admitting in ev...
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This is an appeal by the City Clerk of the City of Alameda from a judgment of the superior court granting a peremptory writ of mandate directing him to certify as sufficient two recall petitions filed with him for the purpose of initiating an election for the recall of a city councilman named Hans W. Roebke. The minimum number of signatures necessary to initiate the election was 3,818. The firs...
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Appeal from an order for the enforcement of a deficiency judgment and for issuance of execution under the provisions of section 685 of the Code of Civil Procedure. The facts show that on January 6, 1923, the Superior Court of the City and County of San Francisco made a decree of foreclosure and an order of sale in an action where the appellant herein was a defendant; that thereafter certain pledge...
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Claiming to be the surviving widow of Vincent Krizmanieh, commonly called Krizman, on his death petitioner filed with the respondent board a petition to have her claim adjusted. The board made findings against her and ordered that she take nothing. The petitioner applied for a rehearing. The application was denied and she has applied to this court for a writ of review. *420 The application pr...
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In the year 1929 the American Mortgage Company, which will hereinafter be referred to as the Mortgage Company, was a going concern with many financial transactions and at the same time the American Loan Society, which will hereinafter" be referred to as the Loan Society, was a building and loan association. At the time of the inception of this litigation both were insolvent, the assets of the M...
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In this action the plaintiffs sought to have their mechanic’s liens declared prior and superior to the lien of a trust deed held by the defendant bank. The defendant bank sold a lot to the defendant William F. Park, taking back a deed of trust securing a note for $1250, the balance of the purchase price. Shortly after that deed of trust was recorded Park and his wife gave to the defendant McKay a ...
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Plaintiffs’ second amended complaint alleges that the plaintiff wife is, and at all times mentioned in the complaint was, an incompetent person; that on or about March 27, 1920, she entered into a partnership with George Carpenter for the purpose of operating a retail drug business; that she contributed as her share of the capital the sum of $1400 cash and her interest in a business formerly co...
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Defendant was convicted on an information charging grand theft. On her appeal from the judgment and from the order denying a new trial she raises two points —the sufficiency of the evidence and the ruling on the offer in evidence of the books of account prepared by herself. *447For many years prior to 1933 the appellant was secretary of the San Francisco local of the Laundry Workers’ Union. In 193...
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Plaintiff commenced this action to recover from defendant a sum due in accordance with the terms of a property settlement agreement made between the parties on April 1, 1924, at which time they were husband and wife, but not living together. Defendant prosecutes this appeal from a judgment in plaintiff’s favor. The following provisions among others appear in the property settlement agreement: “...
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Plaintiff, employed by defendant corporation as switchman, brought this action for damages for injuries suffered when the impact of cars shunted by a switch engine precipitated him from the roof of a freight car to the ground below. Negligence of defendant in two particulars was alleged, viz., that the string of freight cars upon which plaintiff was working was equipped with faulty handbrakes, ...
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There is no serious conflict as to the facts in this case. Plaintiffs, husband and wife, the latter acting through a duly authorized attorney-in-fact, executed their promissory note dated July 25, 1932, in the principal sum of $45,000, secured by deed of trust in favor of defendant Estelle Escallier. The latter was simply a “dummy”, advancing no part of the money and having no interest whatever i...
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This appeal is taken from a judgment rendered against plaintiff and appellant in an action for damages to an automobile, the cost of repairs having been paid by appellant under a contract of insurance. The action is based upon the right of subrogation. An automobile owned by one I. C. Kimball was involved in a collision with another ear owned by respondent Peter Brunella, Jr., as the result of ...
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Defendant appeals from a judgment quieting plaintiff’s title to certain real property in Stanislaus County. On October 19, 1929, J. C. Keeley, a son of H. C. Keeley and Lillie Ida Keeley, respondent herein, was indebted to appellant J. A. Anderson, in the sum of $1,000, or thereabouts, for repairs upon a certain truck or trucks belonging to said J. C. Keeley, and at that time the appellant Ande...
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The defendant, Harry D. Evans, has appealed from a judgment which was rendered against him in a suit for damages for personal injuries received.by the deceased in an unprovoked assault upon him. The cause was tried by the court sitting without a jury. The court found that the appellant, without cause, violently beat and struck the deceased, knocking him to the floor, and that he kicked him upon h...
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This is an appeal by the plaintiff wife in a divorce action, wherein the respondent was joined as claiming part of the community property. James Reynolds, a married man, was appointed referee in a condemnation suit. His fee for such services was allowed in the sum of $1560. Upon an action for divorce being filed by his wife, and before he had completed his work as referee, Reynolds assigned his...
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Prom the record herein, in substance it appears that some time prior to the date on which the action which furnishes the foundation for the appeal herein was commenced, the defendants borrowed $12,000 from plaintiffs, for which sum defendants gave to plaintiffs their promissory note; and as security for said loan and promissory note, made and delivered to a trustee, for the benefit of plaintiffs, ...
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The defendants were jointly charged with the crime of grand theft and, in a second count, with conspiracy to commit grand theft. Each defendant was also charged with a prior conviction but this charge against Doud was dismissed during the trial. A jury found each defendant guilty on both counts, but found in favor of the defendant Harden on the charge of a prior conviction. Both defendants have a...
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This is an appeal from a judgment rendered in favor of plaintiffs against Elbert Ray Guyette, A. E. Guyette, Alice C. Guyette, whom we will refer to as the defendants, and Allen Remy who did not appeal. The action grew out of a collision in which four automobiles were involved, in the intersection of East Avenue and Eleventh Street in the city of Reedley at about noon on Sunday, March 5, 1935. Th...
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Action to recover for damages to an automobile sustained in a collision. Plaintiff’s complaint alleged in substance that on or about the 18th day of January, 1931, she was operating her automobile on the Bayshore highway in San Mateo County when another automobile carelessly and negligently operated by an agent of appellant forcibly collided with her machine and damaged it. She also alleged and p...
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Appellant was convicted of the crime of perjury, which offense was the outgrowth of the following events: Appellant, together with four other guests, one man and three women, attended a dinner party at the home of one George H. Ennis, who was the host. They had almost fin*512ished their dinner when one Lora M. Hewitt appeared on the scene and fired four or five shots from a revolver at appellant, ...
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Appellant Streich and one Willis W. Shepherd were jointly charged in an information with the crime of assault by means of force likely to produce great bodily injury, a felony, committed on the person of one Leo G. Hubbert on or about December 14, 1934. Appellant Wiggington was charged in a separate information with the same offense, alleged to have been by him *515 committed upon the same vi...
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The City of Los Angeles, a municipal corporation, appeals from a judgment against it and in favor of the defendants growing out of an action based upon a bond to plaintiff as obligee, executed by defendants Frank L. Meline, Leonore M. White and Henry Lichtig, as joint trustees for the Franklin Park Company, a trust, as principals, and by defendant American Surety Company of New York as surety, gua...
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Appeal from a judgment revoking probate of a will after trial by jury. Mabel Greer, proponent and appellant, was sole beneficiary under the will contested. Contestants are the three sisters of John Gill, the decedent. He died testate, leaving an estate of about $42,000 and no surviving issue. The jury unanimously declared the contested will to be invalid, because at the time it was executed decea...
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On August 23, 1932, David Thomas Price, a minor, by Thomas C. Price, his guardian ad litem, recovered a judgment for damages based on negligence, against Perry A. McDonald and Mrs. Everett Muleonery, from which an appeal was taken and a stay bond posted on behalf of said defendants. Defendant McDonald was, at the time of the accident out of which the foregoing judgment arose, covered...
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Section 2 of the “Deadly Weapons Act” as amended (Stats. 1931, p. 2316) makes it a felony for an alien, narcotic addict or felon to have in his possession or under his custody or control any pistol, revolver or other firearm capable of being concealed upon the person. The latter terms are defined in the act to include all firearms having a barrel less than twelve inches in length. Section 15 of t...
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This is an action to recover for services rendered. The complaint contains three counts—one on an open book account, one for the reasonable value of the services, and the third on an express contract. The answer of the defendant was first a denial, and second a separate and affirmative defense of estoppel. The court found for plain*541tiff on the second count. It is from this judgment the appeal i...
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This is an appeal from a judgment in favor of plaintiff and against defendants William Norton *545and Eva Norton in an action to recover an arrearage of rent due under the terms of a written lease. The facts are: Defendants William Norton and Eva Norton were the lessees by a written lease of certain premises located in Los Angeles County. Plaintiffs through mesne conveyances became the successors ...
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This is a motion by respondent to dismiss this appeal upon the ground that appellant failed to file his points and authorities within the time specified in rule I of the Rules for the Supreme Court and the District Courts of Appeal. The penalty for breach of this rule is found in rule V. The clerk’s transcript on appeal was filed on April 11, 1936, the notice of motion to dismiss on May 14, 1936, ...
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Defendant was charged in an information with violation of section 501 of the Vehicle Code, was tried before the court sitting without a jury, and was found guilty, as charged. Appellant’s opening brief raises nothing more than a request that this court weigh the evidence. We have made an examination of the evidence introduced and find it sufficient to justify the judgment of the trial court. The j...
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Appeal from a decree of the Superior Court of Los Angeles County, under section 1080 of the Probate Code, determining who is entitled to distribution of estate. Appellants are cousins of the decedent, who died testate leaving no other heirs. By her will, testatrix left her entire estate in trust for certain charitable uses and purposes, with two exceptions, namely, she authorized and directed the...
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This action is one to recover a deficiency judgment after sale of real property under a trust deed. Section 580a of the Code of Civil Procedure was enacted, and section 337 (1) of the Code of Civil Procedure was amended, after the trust deed was executed but before the sale of the property thereunder, and the action was commenced more than three months after the sale and therefore after the exp...
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A judgment in the sum of $1138 was recovered by plaintiffs against 6. H. Grace and George J. Cook and Connie Cook, copartners, doing business under the fictitious name and style of Cook’s Auto Supply Co. Prom the judgment an appeal is prosecuted by the defendants Cook. Plaintiff Mrs. Woods was driving an automobile on August 12, 1933, at the intersection of Slauson Avenue and San Ped...
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Two actions entitled as above, consolidated for the purpose of trial, were brought to recover a deficiency upon a promissory note after foreclosure of a deed of trust. At the conclusion of plaintiffs’ testimony the trial court granted defendants’ motions for nonsuit as to both cases. Subsequent to the granting of such motions the court signed a formal judgment “that plaintiffs take nothing”, which...
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This is an appeal from a judgment against the plaintiff and in favor of the defendant Frank Simpson, Sr., after an order sustaining a demurrer to plaintiff’s amended complaint without leave to amend and after an order denying permission to the plaintiff to file a second amended complaint. The appeal presents two questions: (1) Does the amended complaint state a cause of action against Frank Simpso...
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The defendant has appealed from a judgment for $750 in favor of the plaintiff in an action for damages for personal injuries. The accident occurred at the intersection of Chester Avenue and 18th Street in Bakersfield. Chester Avenue runs north and south and 18th Street east and west. There are pedestrian zones marked on each of the four sides of this intersection and traffic is controlled by stop ...
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This is an appeal from a judgment pronounced upon Alfred Valdez after a jury had found him guilty of violating section 503 of the California Vehicle Code by talcing and driving an automobile belonging to Albert Chicca without the consent of the owner and with the intent to permanently or temporarily deprive him of his title to or possession of the vehicle. The sole question presented on this ap...
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The defendant was convicted of murder in the first degree, with a recommendation of life imprisonment, and has appealed from the judgment and from an order denying his motion for a new trial or for a reduction of the degree of the crime. *583About 1 o’clock A. M. on the morning of January 17, 1936, the appellant killed one James Washington by stabbing him with a long-bladed knife in front of a caf...
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Defendant was charged, tried and convicted of violating section 288 of the Penal Code. Motion for a new-trial was made and denied and defendant, was sentenced to the state prison. He appeals from the judgment and order denying his motion for a new trial. He first complains of the insufficiency of the evidence. In support of this contention he claims that he was convicted solely on a confession ...
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The defendant was convicted of the crime of robbery. He made a motion for a new trial and also made a motion to set aside the verdict. Both motions were denied. He has appealed from the judgment and the order denying said motions. The information filed against the defendant alleged that “Nathaniel Crittenden is accused by the district attorney of the said county of Alameda, by this information ...
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This appeal raises only the question as to whether or not it was an abuse of discretion on the part of the trial court to make the order appealed from. An examination of the record discloses that it not only was not an abuse of discretion on the part of the trial court, but that the portions of the order from which this appeal is taken were properly made. In a probate matter it is particularly ...
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Petitioner seeks a writ of mandate to compel the respondent court to set for hearing an order to show cause *597and upon said hearing to hear and determine said matter upon the merits. Petitioner, prior to November 26, 1930, was the wife of Benjamin Glazer. On that day an agreement was executed between them settling their property rights, with provision also for the maintenance and support of peti...
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Stella B. La Fetra died testate November 9, 1933. Through the medium of a holographic will the testatrix made several specific bequests, after which follows the following provision in the will: ‘1 Sixth—The remainder of my estate I wish equally divided among the living nieces and nephews—children of my husband's brothers and sister and my brother’s children allowing C. W. La Fetra a nephew...
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Plaintiff appeals from a judgment in favor of defendants. It was stipulated that the Los Angeles Rock & Gravel Corporation acquired the assets and assumed the liabilities of the Los Angeles Rock & Gravel Company. For brevity the defendants will hereinafter be referred to as-the Company. No findings were made by the trial court, the *606 ease having been tried upon an agreed stateme...
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I dissent from that part of the decision by the majority of this court denying plaintiff the right to recover for malicious prosecution. As stated in the majority opinion, the actions grew out of an altercation at the office of the corporation defendant. The plaintiff alleged and testified that at that time and place defendants Smith and defendant George, who were in the employ of the corporation,...
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This in an appeal by defendants from a judgment in favor of plaintiff in an action brought to recover damages for injuries sustained by plaintiff when struck by an automobile driven by defendant John Perada. The cause was tried by the court sitting without a jury. The accident occurred at about 4:45 A. M. on the morning of June 16, 1930. Plaintiff was a street sweeper and, at the time of the accid...
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The pertinent facts necessary to a determination of the question here presented appear to be that in the month of July, 1929, one James Henry Neiman met his death at a time when he was an employee of Western Pipe and Steel Company; that thereafter, in pursuance of an application for adjustment of claim for compensation that had been presented by his widow (petitioner herein) to the respondent comm...
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From a judgment secured by plaintiff in a trial without a jury, defendant appeals upon the grounds that the court erred in ruling upon points of law occurring in the course of the trial and in making certain findings upon which the judgment rests, which are contrary to or not justified by the evidence. Despite the formidable presentation of this appeal by means of a voluminous transcript and a boo...
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Plaintiff appeals from a judgment' entered in favor of defendant, County of Los Angeles, upon its general demurrer to plaintiff’s complaint being sustained, without leave to amend. The complaint named two defendants, the county, and one Duncan, driver of an automobile, in which appellant was riding as his guest on the night of March 11, 1934. Paragraph III of the complaint reads as follows: “...
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This is an application for a writ of mandate against the respondent Leonard S. Leavy, as Controller of the City and County of San Francisco, to compel him to draw his warrant in favor of the petitioner in the sum of $3,375. The action presents no question of fact but solely a question of law. On the 25th day of March, 1935, MacDonald & Kahn Co., Ltd., was awarded a contract to construct the Marina...
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Defendant was convicted on an information charging grand theft under section 952 of the Penal Code. He made a motion for a new trial and for probation. The *649 former motion was denied and the latter is still pending. Defendant appealed from the order denying a new trial and entry of the judgment on the verdict was thereby suspended. He raises four grounds for reversal of the order. (1) That...
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This is an appeal by the defendant city from an order made by the superior court granting plaintiff a new trial. Plaintiff and respondent is the owner of a parcel of land fronting upon La Brea Avenue in the City of Los Angeles. He brought this action in the lower court against the defendant and appellant, City of Los Angeles, for $2,369 damages *652 alleged to have been suffered by reason of ...
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This is an appeal from a judgment in favor of petitioner, the Benjamin Franklin Life Assurance Company, and against respondent E. Forrest Mitchell, Insurance Commissioner of the State of California, in a mandamus proceeding wherein the judgment ordered respondent commissioner to approve petitioner’s “certain form of application for and policy of indemnity against loss ...” Respondent company’...
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In 1935 the California state legislature added to the category of crimes a felony denominated “Negligent Homicide”, in these words: “When the death of any person ensues within one year as the proximate result of injuries caused by the driving of any vehicle in a negligent manner or in the commission of an unlawful act not amounting to felony, the person so operating such vehicle shall be guilty o...
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Petitioner seeks a review of the proceedings of the superior court leading to a judgment against him on an undertaking given on an appeal from the small claims court. In a trial before the latter court a judgment was entered against the defendant named therein; he filed a notice of appeal to the superior court and an undertaking executed by this petitioner alone. The superior court affirmed the ju...
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Appellant was found guilty by a jury of violating section 480, Vehicle Code, and sentenced to twelve months imprisonment in jail. He appeals from the judgment and from an order of the trial court denying him a new trial; also from order denying motion in arrest of judgment. In the early morning of January 8, 1936, appellant was driving his Ford easterly over the East Sixth Street bridge that spans...
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This appeal involves the construction of section 609 of the Probate Code prior to its amendment in 1933. It then read as follows: “Compensation of appraisers. Each appraiser is entitled to receive, from each estate he appraises, his actual and necessary expenses and compensation for his services not to exceed five dollars per day, to be allowed by the court; and he must file with the inventory, a ...
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At about 8 .-35 in the morning of a clear day, plaintiff Esther Bernice Edlund, aged 20 years, drove a coupe into the rear end of defendant’s motor bus. If in so doing she was guilty of contributory negligence as a matter of law, the direction of the verdict by the court was .proper; otherwise it was erroneous. Esther Bernice Edlund is herein referred to as plaintiff. She had been following the b...
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Plaintiff is the widow of deceased Eben Lucas, who, on January 15, 1933, at Alhambra, California, made application for a policy of accident insurance in the sum of $5,000. Deceased will hereinafter be referred to as “applicant”. The application was received at the home office of the Metropolitan Life Insurance Company, hereinafter called “company”, on February 1, 1933. On February 3d, in response...
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Defendants in this ease are stockholders of Ocean Park Realty Corporation, a California corporation. Plaintiff sought unsuccessfully to recover damages from them, under statutory liability, for an alleged tort, eviction of her assignor from leased premises. Prom the adverse judgment she now appeals, apparently, though not expressly stated, upon the ground that the evidence submit *682 ...
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The judgment herein is attacked upon the grounds that the award of damages is excessive and that the trial court in making such award was actuated by malice, passion and prejudice. Plaintiffs were injured when their automobile was toppled over by another car, whose driver speeded away from the scene of the accident. The license number of the latter was observed by an eyewitness and the machine tra...
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This is a review of an order of the Industrial Accident Commission entitled supplemental findings and award of January 28, 1936. Petitioner was the alleged wife of Eduardo C. Ybarra, also known as Eduardo C. Ibarra, who was killed on February 16, 1934, and the petitioner, if she was his widow, was entitled to death benefits; but she did not know of the death of said Ybarra and did not learn of the...
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On May 25, 1932, appellant Cascade Oil Company entered into a contract in writing with respondent White. This contract was, on July 21, 1932, superseded by a novation which eliminated one of the parties of the first part. No other changes of consequence were made. The contract in part recites: “That whereas, the party of the first part (White) is the owner of, or has under his control, oil and ...
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Appellant Esus Nieto was jointly charged, with one Alec Frates, as having committed the offenses of rape and kidnaping. The information contained two counts, the first charging the rape and the second the kidnaping. Upon arraignment each defendant pleaded not guilty and waived a jury. Trial was had before the court and both defendants were found guilty on each of the two counts charged. Motion for...
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Action in unlawful detainer for rent and possession of property held in part by oral agreement and in part under a written lease. The complaint alleges that on February 8, 1935, notices to pay or vacate were served upon defendants. The land described in the notices is that certain real property situate in the county of Marin, state of California, and known as “Castiglioni Ranch”, being a portion ...
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Defendant appeals from a judgment in plaintiff’s favor in the sum of $286.70, which was found by the court to be the fair value of work and labor performed on premises leased by plaintiff from defendant. Certain ranch property was leased by plaintiff for the term of thirteen months commencing December 1, 1934. The lease contained the following provisions: “In the event the property should be sold ...
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This is an application for a writ of prohibition. It involves a consideration of the following facts: Martin B. Joost filed a complaint in the Superior Court of the State of California in and for the City and County of San Francisco, in which he alleged that while crossing the intersection of Dorchester Street and Claremont Boulevard in San Francisco he was struck and injured by a Ford ear whic...
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This is an appeal from a judgment convicting the defendants of two robberies in the first degree and one assault with a deadly weapon. Only two points are made: (1) That the evidence is insufficient to sustain the verdict, and (2) that the trial court erred in denying a motion for new trial based upon the ground of newly discovered evidence. We have read the record, and there is substantial eviden...
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Defendants William J. Garland et nx. mortgaged certain real property to Grover T. Garland. Thereafter, mortgagors conveyed the property to plaintiff, Marcella A. Vincent, subject to the mortgage. The mortgage becoming due and unpaid, the mortgagee, Grover T. Garland, instituted an action to foreclose the mortgage and in the action Grover T. Garland was plaintiff and William J. Garland et ux., the...
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This is an action on an assigned claim for attorneys’ fees. The amount sued for was $-2,350, and the trial court, sitting without a jury, found the services to be of the reasonable value of $1250, and gave judgment for that amount, from which judgment the defendant has appealed. There is no controversy as to the legal services being rendered nor as to the reasonableness of the amount allow...
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14 Cal. App. 2d 743 (1936) HUGH EVANS et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent. Civ. No. 11055. California Court of Appeals. Second Appellate District, Division Two. June 24, 1936. W. L. Pollard and S. L. Kurland for Petitioners. Olson & Olson and Richard C. Olson for Respondent. McComb, J., pro tem. Petitioners seek a writ of mandate to compel respo...
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Defendants appeal from a judgment in plaintiff’s favor in the sum of $1500 entered upon the return of a jury’s verdict. On February 25, 1935, plaintiff was standing on the sidewalk close to the edge of the curb at the corner of Adams and Trinity Streets in the city of Los Angeles. Defendant Acosta was driving a truck owned by the other defendants westerly along Adams Street and as he approached th...
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This is an appeal from the portion of a judgment in favor of plaintiff after trial before the court without a jury, awarding only the sum of $1,067.97 against the defendants Aimee Semple McPherson Hutton and David L. Hutton. The facts are these: Plaintiff’s assignor, an attorney at law, rendered legal services to the defendant corporation, Angelus Memorial Association, of which defendant Aime...
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It appears that petitioner filed an action against certain defendants to quiet title to real estate in Orange County, setting forth her claim to the property in detail and alleging that defendants had no title in the property. The answer denied the plaintiff’s title and asserted title in certain of the defendants and asked that certain defendants’ title be quieted. At the conclusion of plainti...
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Petitioners seek a writ of mandate to compel respondent to dismiss a certain action entitled L. H. Booker, as Owner of Shares of Beneficial Interest in said Diversified Real Estate Investments Trust No. 2, an Unincorporated Trust, v. Hugh Evans & Co., a Corporation, et al., said action being No. 336381 in the files of respondent court. On a similar set of facts we have this day decided in the case...
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We are of the opinion that an appeal is not authorized from either of the orders of which complaint is made. Each order purported to grant a new trial in a proceeding to determine title where a third party claim had been made. The orders differ in that the one in the first case, Misrach v. Liederman, was made before the 1935 amendments to the Code of Civil Procedure had be...
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This is an appeal by plaintiff from a judgment in his favor predicated upon a cause of action for libel after a trial by the court without a jury. The facts are: November 16, 1934, defendant wrote and sent to a client of plaintiff, an attorney at law, a letter reading in part as follows : “You have also further involved complications by employing Attorney (?) Lady, who is undoubtedly the vi...
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Plaintiff appeals from an order striking out his cost bill after he obtained judgment in a libel action for the sum of $1 nominal damages and $200 punitive and exemplary damages. This is the question presented for determination: Is the plaintiff in a libel action, who recovers a judgment for less than $2,000, entitled to have taxed as items of cost: (1) The sum of $100 to cover counsel fees unde...
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The appellant was charged with the crime of incest committed upon the person of his daughter, a girl of the age of 19 years, who was suffering from epilepsy. 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 first contention is that the testimony of the complaining witness is not sufficiently corroborated. This witness told a c...
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Defendant Gregory and five other persons were charged by indictment with certain violations of the Corporate Securities Act. There were ten counts in the indictment. The first five counts charged grand theft against all defendants except defendant Gregory. The second five counts charged all of the defendants, including defendant Gregory, with violations of the Corporate Securities Act. Defendants...
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This is an appeal from a judgment in favor of plaintiff after a trial before a court without a jury. September 1, 1926, defendants entered into a contract to purchase a lot from plaintiff for the sum of $5,000 payable $200 at the time of execution of the contract and the balance in stated installments. After paying certain installments pursuant to the terms of the contract, defendants declined to ...
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Plaintiff Glen W. Micek, a customer in a “beauty parlor” operated by defendant corporation, was injured when a swivel chair in which she was invited to sit for the purpose of receiving a hair treatment collapsed, precipitating her to the floor. Upon a trial by jury damages were awarded to her and to her husband, also plaintiff herein. Defendant corporation appeals. Testimony adduced in behalf o...
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This is an appeal from a judgment which was rendered, against the plaintiffs in a suit on the official bond of the- defendant Albert B. Brown, as County Clerk of Sutter County, and his surety, to recover $8¡50 for failure to deliver to the county treasurer of that county a certificate of deposit for that sum, drawn on the DeckerJewett Bank in the clerk’s name and deposited with him in lieu of a...
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This is an appeal by Geneva Hill from an order confirming the sale of certain real property subject to a life estate devised to Ellen M. Perry by the willj of the testator. The only point raised by appellant is that thje court erred in confirming the sale of the remainder interest which had been devised by the will of the testator to appellant, Geneva Hill, a first cousin of the testator, “when ot...
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By an information filed by the district attorney of San Bernardino County, defendant was accused of the crime of murdering Albie Karnes on June 28, 1935. He was found guilty of manslaughter and has appealed from the judgment and from the order denying his motion for new trial. Defendant owned twenty acres of land a few miles east of the city of San Bernardino. On the land were two small houses whi...
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The plaintiffs, who are lessees in possession of a mining claim known as the Old Pete Extension *39 claim instituted this action in trespass against the defendants who are owners of an adjoining claim known as the Old Pete claim. The complaint alleges that plaintiffs are entitled to the possession of a certain vein or lode known as “The Old Pete Extension” which has its apex within...
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This appeal from an order of the Superior Court sitting in probate confirming the sale of certain real property of the estate of Thaddeus White is presented through the medium of a bill of exceptions. From the transcript on appeal it appears that Thaddeus White mad...
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Plaintiff obtained a default judgment against the defendant based on constructive service of summons in an action to recover a sum of money claimed to be due for labor and materials; and subsequently, on defendant’s motion and pursuant to the provisions of section 473a of the Code of Civil Procedure, the trial court made an order setting aside the judgment and granting defendant leave to answer...
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This is an appeal by defendants Kenneth J. Kirkpatrick and Fay R. Kirkpatrick from a decree foreclosing a mortgage executed by defendant Bates, the predecessor in interest of the appealing defendants. The note and mortgage were dated March 5, 1925, and the note was payable three years after that date. The appealing defendants purchased the mortgaged property in 1926, taking the property subject...
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Plaintiff commenced this action to quiet her title to a parcel of real estate in the county of Los Angeles, the complaint containing the usual allegations in actions of the kind. Defendant William Doron Cook appeals from a judgment in plaintiff’s favor. In his answer appellant alleges the following: From 1913 to 1917 he performed labor upon a ranch situated in Riverside County owned by his parents...
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12 Cal. App. 2d 73 (1936) TUX GINGER ALE CO., LTD. (a Corporation), et al., Appellants, v. JAMES E. DAVIS, as Chief of Police, etc., et al., Respondents. Civ. No. 10825. California Court of Appeals. Second Appellate District, Division Two. February 21, 1936. Louis Feinstein, Philip N. Krasne and Leon Kaplan for Appellants. Ray L. Chesebro, City Attorney, Newton J. Kendall, Assistant City Att...
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When plaintiffs in January of 1927 signed an agreement to purchase a city lot they demanded that there be inserted in the contract, in addition to the usual street improvement provisions therein contained, a further covenant that vendor would plant trees in the parkway along the street upon which the lot faced. This insertion was made by vendor’s agent. A few days later, upon making the balance o...
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Appellant was charged by information with the crime of petit theft, and with having theretofore been convicted of a felony, to wit, burglary, and having served a term therefor in the state prison, which under the provisions of section 667 of the Penal Code, constitutes a felony. Upon arraignment the defendant admitted the prior conviction and imprisonment therefor, but entered a plea of no...
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This is an appeal from a judgment for $30,000 in favor of the plaintiffs based upon personal injuries received by the minor plaintiff, who will hereinafter be referred to as the respondent. About 5 P. M. on April 19, 1934, the respondent was riding a motorcycle in a westerly direction on U. S. Highway No. 99 between Beaumont and Redlands, and at the same time the appellant was driving an automo...
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12 Cal. App. 2d 98 (1936) CHARLES ISAACS et al., Respondents, v. H. M. JONES et al., Defendants; J. EDGAR ROSS, Appellant. Civ. No. 10010. California Court of Appeals. First Appellate District, Division Two. February 24, 1936. J. Edgar Ross, in pro. per., for Appellant. *99 Arthur T. Stollmack and Samuel V. Goldfarb for Respondents. Spence, J. The intervener, J. Edgar Ross, has appealed up...
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Plaintiff, alleging physical injury and false imprisonment when she was arrested upon a felony charge, brought suit for damages against the arresting officer, who was a deputy sheriff of Los Angeles County, and against *102 the sheriff of said county and the latter’s official bondsmen. ■A general demurrer on behalf of the sheriff and his bondsmen was sustained without leave to amend, and from t...
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Victor Martin Bellotti, petitioner and respondent herein, pleading guilty to a violation of section 146 of the California Vehicle Act, was sentenced by the superior court to pay a fine of $5,000, or, defaulting in such payment, to be “punished by imprisonment in the county jail” at the rate of one day for each $3 of such fine not paid. Failing to pay the fine, petitioner went to jail, remained th...
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Carter is the mayor and commissioner of public safety in the city of Santa Monica. During his incumbency of those positions the City Council of Santa Monica, composed of Carter and two others, elected Carter (Carter not voting) as the representative of Santa Monica to the directorate of the Metropolitan Water District. (Metropolitan Water District Act; Deering’s General Laws, 1931, Act 9129.) ...
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This is an appeal from a judgment after trial before the court without a jury, in which respondent herein obtained judgment for $3,500 for the alienation of the affections of her husband by appellant. Appellant assails .the judgment first on the ground! that plaintiff’s cause of action was barred by the statute of limitations, and in pleading that defense in her answer defendant averred that “F...
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Plaintiff and appellant filed a complaint asking for a deficiency judgment on a note secured by a deed of trust after sale of the property covered by said deed of trust, pursuant to the provisions thereof. Both instruments were executed contemporaneously and prior to the effective date of section 2924% of the Civil Code. The property covered by the deed of trust was sold within one year contrary t...
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Plaintiffs are the heirs at law of T. 0. Hooker, who, in the forenoon of August 22, 1933, was killed by a truck operated and owned by Hawkins Company, Ltd., a trucking concern (hereinafter referred to as insured). In an action for wrongful death brought by plaintiffs against insured they recovered a judgment of $6,720. This action by plaintiffs is predicated on said judgment and is brought agai...
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This is an appeal by the plaintiff from a judgment against him in an action for declaratory relief wherein he sought to have the court determine the legal effect of a transfer by two aliens not eligible to citizenship, named Ito, of certain property used for commercial purposes. The aliens acquired their title to the property through two channels : one, through execution of a judgment which the...
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Involved financial transactions between plaintiff and her husband, defendant Goldman and his affiliated finance corporations, and a construction company and its numerous creditors brought about a situation early in the year 1928 wherein the various parties named werej in litigation in two separate superior court suits. One of these was called for trial March 28, 1928. On that date, it was testi...
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All of the defendants except the defendant K. Hirano appeal from a judgment in favor of the plaintiff in an action for damages for conversion of certain ¡ stocks. Defendant Hirano defaulted and judgment was 'entered against him, although his deposition was taken before trial and used as evidence by the other defendants. Viewing the evidence in the light most favorable" to the party who was succ...
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This was an action for specific performance of an agreement for the sale of certain real property. The trial court denied relief, and this appeal was taken from the judgment. William S. Eaton was the owner in fee of some 2,00|0 acres of land lying in El Dorado County, of which approximately 115 acres was known as Kentucky Plat, and on which C. B. Wooster held a lease and option to purchase, receiv...
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This is an application for a writ of prohibition to prevent the Superior Court of Imperial County from taking any action or exercising any jurisdiction in a certain proceeding for debt relief instituted in that court under the provisions of chapter 348 of the Statutes of 1935 (Stats. 1935, p. 1208). On or about July 21, 1934, one W. S. Harris filed a petition in the United States District Court...
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This is an appeal by plaintiff from an order of the trial court denying a motion after judgment for an order directing issuance of a writ of possession. March 24, 1914, judgment was entered in favor of plaintiff quieting its title to certain land located in Elysian Park, Los Angeles, California, then occupied by defendants. In 1919, 1920, 1926 and 1927 plaintiff obtained orders directing the is...
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An action for damages in which the defendant was charged with malpractice. The was denied, and it was alleged that plaintiff’s failure to 'follow defendant’s instructions proximately contributed to his in*151jury. A jury returned a verdict for the defendant, and the plaintiff has appealed from the judgment entered thereon. The sufficiency of the evidence to support the verdict is conceded, but it ...
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These appeals are prosecuted from judgments entered upon directed verdicts. By stipulation the two cases were tried together, and by agreement both appeals were consolidated for consideration together in this court. The actions were for damages for personal injuries sustained by the minor plaintiffs, who were guests in an automobile which overturned on Jefferson Avenue, approximately a blo...
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This is an appeal from a judgment against petitioner, in a proceeding for a writ of prohibition, entered after sustaining a demurrer to her petition without leave to amend. The petition alleged that on the 16th day ¡of August, 1935, the petitioner received from the State Board of Equalization the following letter dated July 1, 1935: "This office is in receipt of instructions from Sacramento th£,t...
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This is an appeal from a judgment of foreclosure of a mortgage upon real property. The note secured by the mortgage was executed by Max Goldberg and Rebecca Goldberg, and signed by Abraham Horovitz as guarantor, in the following terms: “For value received 1 hereby guarantee payment of the within obligation and all renewals or extensions thereof, and I hereby waive presentation, demand, protest and...
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Plaintiffs brought this action to recover $600 principal and $139.82 interest, alleged to be due and unpaid on a conditional sales contract of real property Besides an *174 swering, defendants filed a cross-complaint seeking to 'rescind the contract because of a partial failure of consideration. Judgment was rendered for defendants and plaintiffs have appealed. Under date of J...
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This action was brought to recover the deficiency remaining unpaid upon a note originally secured by a deed of trust after sale of the property. The trial court sustained a general demurrer without leave to amend. The appeal is from the judgment subsequently entered. The note and deed of trust were executed in 1929. The note matured three years thereafter. The sale was ma,de October 17, 1933. The ...
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This action was brought to recover the deficiency remaining unpaid upon a note originally secured by a deed of trust after sale of the property. The defendant interposed a general demurrer upon the ground that the complaint failed to state a cause of action because of the provisions of section 2924½, Civil Code, enacted in 1933. The demurrer was sustained without leave to amend, and the appeal is ...
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This is an appeal from a judgment in favor of plaintiff after a trial before a court without a jury. The conceded facts are: Defendant purchased from John C. Boye certain real property in consideration of which defendant executed a promissory note payable to Frank J. Boye and trust deed ujion the property to secure the payment of the note, naming Frank J. Boye as beneficiary and the Title Insuranc...
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This action was commenced by the heirs of Albert T. Gould, who was killed May 14, 1934, in an automobile accident at the intersection of Lake and Alameda Streets in the city of Burbank, to recover damages resulting from his death. A jury trial was conducted before Judge William S. Baird and a verdict was returned in favor of defendants. A motion for a new trial was heard by Judge Emmet H. Wilson ...
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Defendant and appellant, to the commencement of this action, had filed a petition in bankruptcy and received his discharge. One of the liabilities listed, from which he had been discharged in bankruptcy, was an unconditional contract of guaranty, which forms the basis of the present action. The guaranty in question! was of certain bonds owned and held by plaintiff and respondent, which bonds were ...
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The procedure required to be taken by a judgment creditor, more than five years aiter the judgment is entered, to secure the allowance of .the judgment against the estate of the judgment debtor, who £ied in the meantime, is the sole question for consideration in this ease. In 1923 H. A. Tolle secured a judgment against William C. Doak. In the same year execution was issued upon this judgment an...
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The defendant, Southern Pacific Company, appeals from a judgment for $7,500 entered in plaintiff’s favor after trial by a jury. The action was one for damages on account of personal injuries sustained by plaintiff during the course of his employment with defendant as a brakeman on a freight train engaged in interstate commerce. The jury was called upon to render three verdicts, two special and ...
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12 Cal.App.2d 207 (1936) THE PEOPLE, Respondent, v. OTIS WILLIAMS, Appellant. Crim. No. 2792. California Court of Appeals. Second Appellate District, Division One. February 29, 1936. Torrence C. Welch and Peter J. Youngdahl for Appellant. U.S. Webb, Attorney-General, and Bayard Rhone, Deputy Attorney-General, for Respondent. Houser, P. J. From a judgment of conviction on each of three coun...
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Defendant was charged with a violation of chapter 359 of the Statutes of 1925, as amended in 1931, commonly known as the Deadly Weapons Act, in that at a *217 certain time and place he -did “unlawfully, maliciously, and feloniously possess an instrument or weapon of the kind commonly known as a black jack or billy”. To this information defendant entered a plea of not guilty, and subsequently fi...
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The plaintiff recovered judgment against one James J. Mallon in an action for personal injuries caused through the negligent operation of a truck driven by Mallon. Thereafter, the present action was filed based upon the contention that this defendant had insured the said Mallon against any such claims arising from his operation of the truck. The court found for the plaintiff and entered a judgmen...
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The plaintiff conveyed three pieces of property by grant deed to the defendant William H. Pillsbury. His wife, the defendant Louise Pillsbury, claimed a community interest in these properties while the plaintiff claimed a life estate therein with the right to all income therefrom. In this action which followed, the court found that, during the existence of this marriage, the defendant William H...
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An automobile owned by the defendant Morris Goldman Manufacturing Company and driven by the defendant Minnie D. Jackson struck Nicholas Pandolfo while he was walking across the street near the intersection of Seventh and Linden Streets in Oakland, and he died the same day as a result of his injuries. On account of his death his heirs brought this action for damages, and the jury before which it w...
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On the denial of a petition for ratable partial distribution, the probate court determined the persons to whom, and the manner in which, distribution should be 4iade. The appellants are the granddaughter and the brother, respectively, of the testatrix. They state three questions are involved in the appeal, but concede that if the question o|£ the abatement of the legacies is determined favorably ...
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From the record herein, it appears that in an action brought to recover the amount of a deficiency in the proceeds of a trustee’s sale under a deed of trust securing a promissory note, a general demurrer was sustained to the amended complaint; and it is from .the ensuing judgment of dismissal of the action that the instant appeal has been taken. The note and deed of trust were executed and deliver...
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The plaintiffs sued for damages resulting from the death of their son, Joseph Papini, and had a verdict for $3,500. The defendants appeal from the judginent on the verdict raising two points—that the evidence is insufficient to show negligence on their part, and that the verdict is excessive. ■ • ¡ The record discloses a complete failure of proof ’ in both instances. The action was founded on t...
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From the record herein, it appears that on a date specified in a complaint in aji action that was brought by the plaintiff against the defendant, it was alleged that the defendant was the owner and the operator of a motion picture theatre “open to the public and charging admission from its patrons”; that after paying the admission charged to such theatre, plaintiff was admitted therein, and the...
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This action was brought under the provisions of section 3804 of the Political Code to recover certain alleged excess taxes paid by plaintiff in the years 1927, 1928 and 1929 on certain real property located in the city of Los Angeles. From a judgment in favor of defendant, plaintiff appeals. Said section 3804 reads in part as follows: “Any taxes, . . . heretofore or hereafter paid upon an assessme...
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Plaintiff sued for goods sold and delivered to the county. The defense was pajunent. The defendant had judgment and plaintiff has appealed on the single ground that the evidence is insufficient to sustain the finding that the account had been paid. For several years the plaintiff had sold athletic equipment to the school districts of the county, these sales having been made by an agent of ...
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The predecessors in interest of the plaintiff and respondent lent the Lakeview Oil and Refining Company the sum of $140,000, secured by a note in the usual form, executed by said Lakeview Oil Company. On the same date, and in connection with said loan, and as a part of the same transaction, appellant guaranteed the payment of a portion of said loan in the sum of $15,148, less 10.82 per cent on an...
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Samuel Mazman, in his lifetime while married to Thelma Mazman, plaintiff and appellant herein, took out a policy of insurance in the State Life Company of Indianapolis, Indiana, on his life in the sum of $5,000, and up to the time of his accidental death paid all premiums thereon with community funds. The policy contained a provision for payment of double benefits in case of death by accident, by...
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In about the month of September, 1930, plaintiffs herein filed an action in claim and delivery against one Ray Dillingham, praying for the recovery of cer-' tain personal property then in the possession of said defendant or for the value thereof in case a delivery could.not be had, together with damages for the detention thereof. The plaintiffs in said action made the affidavit, requisitio...
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This matter comes before this court on a ¿lotion to dismiss appeal or affirm the judgment of the trial coijirt, on the grounds that the appeal is taken for delay, and that the questions presented, upon which the decision of the cause here depends, are so unsubstantial as not to require furtb¡er extended argument. The record in this case is somewhat different from any of the cases cited, as it c...
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This is an appeal by the plaintiff from a judgment entered against her in an action brought to recover a deficiency on a note secured by trust- deed aftpr the security was sold. This appeal involves only the defendants H. C. Hopper and Raleigh P. Trimble. As far as the defendants F. W. Payne and Mitchell Mayer are concerned, they are not involved in this appeal, the record indicating that defenda...
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The plaintiff has appealed from a judgment which was rendered against him pursuant to an instructed verdict of a jury. The suit was brought to recover $1345 which was paid by the bank in cashing forty-nine forged checks from the plaintiff’s account therein. In support of the judgment it is contended the plaintiff waived his right to maintain this action by failing to claim credit for the amount...
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Plaintiff seeks to recover disability benefits under two policies of life insurance which he claims are due *307 him for total and permanent disability dating from September 10, 1926. He appeals from a judgment in favor of defendant insurance company. For failure to pay premiums the two policies lapsed on February 18, 1928, and January 17, 1929. One of the policies provided that defendant wou...
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Defendants executed their promissory note dated August 12, 1932, secured by deed of trust. Upon default in the payments promised the trust deed was foreclosed, the real property given as security was sold and the proceeds applied upon the indebtedness. This action is against the makers of the note for the deficiency remaining after application of the proceeds of sale. Defendants filed an answer a...
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This is an action to set aside a conveyance executed on January 12, 1932, by Ida Mae Zimmerman, now deceased, purporting to convey to defendant Zimmerman title to about forty-one acres of improved land in Orange County. *312 Ida Mae Zimmerman died testate in Orange County on May 12, 1932, and E. R Abbey, public administrator of that county, was appointed and qualified March 31, 19...
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Petitioner filed his petition for a writ of habeas corpus to secure his release from the jail of Tulare County, where he was confined by the sheriff under a judgment of a justice of the peace sitting in Orosi Township in Tulare County. The only return made by the sheriff to the writ is the order under which petitioner was held. Its sufficiency is not attacked and for the purposes of this opinio...
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The defendant was convicted j>f child stealing as provided in section 278 of the Penal Code. He made a motion for a new trial but his motion was denied and he has appealed from the judgment of conviction and the order denying his motion. ¡ Por some time prior to September, 1934, the defendant had been living in Oakland. He was about thirty-three years of age, had been married, and was the fa...
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Defendant was charged by information with the crime of robbery, a felony. Entering, a plea of not guilty, he was duly tried and convicted on the count of robbery of the first degree and sentenced to state prison. He now appeals from an order denying his motion for a new trial, and from the judgment, “the verdict and sentence”. In the course of the trial, the trial court heaird evidence by the d...
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By this proceeding petitioner seeks an order from this court by which a former order that was made *337 by the trial court will be annulled. The facts which give rise to the situation from which petitioner seeks relief in sub-' stance are as follows: On the trial of an action that was pending in the superior court, in one cause of action therein the jury returned a verdict in favor of the pla...
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The appeal from the judgment in this action presents primarily the question whether Troy Patrick, one of the respondents (hereinafter called Patrick), was an employee of respondents Superbo Manufacturing Co., a corporation ; Superbo Water Heater Co., Julius Brombacher, doing business as Superbo Water Heater Co., and Julius Brombacher (hereinafter referred to as respondents). The case was tried bef...
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Respondent corporation was organized in 1924 with a board of seven directors. Its articles of incorporation provided at that time, and at the time appel *343 lant became a stockholder some time prior to 1929, that its stock was assessable. There was, however, no specific provision for the collection of such assessment by action in court. Under the law, as it then existed, when stock was assessa...
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Plaintiff: and respondent, hereinafter called dealer, in the conduct of a used-car business, had made arrangements with the defendant and appellant for financing in connection with the operation of the said business. These arrangements contemplated the financing of ears which were on dealer’s premises classified as “floorings”, as well as the financing of ears which were sold by dealer on conditi...
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The defendant appeals from a judgment against him foreclosing a mortgage. His contention is that the complaint upon which the action was based did not demand a foreclosure of the mortgage, that the judgment was entered against him upon his failure to appear in the action, and was therefore erroneous for the reason that the court was not authorized to grant relief in excess of that demanded in the...
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To plaintiff’s suit for separate maintenance her husband filed a cross-complaint for annulment of their marriage and was successful in the trial court. Plaintiff appeals. The judgment annulling the marriage must be reversed. Evidently the action for annulment was predicated upon the ground that the consent of the husband was obtained by fraud. In this regard it is alleged that plaintiff, “in or...
Views: 7
In an action in the state of Missouri plaintiff herein was awarded a decree of divorce from defendant and was granted an alimony allowance. Allegingi failure on the part of defendant to make certain alimony pdyments and to observe the terms of a property agreement, plaintiff brought this suit in California. Originally the action was simply to recover for certain sums of money due from defendant u...
Views: 2
The defendants have appealed from a judgment awarding the plaintiff damages for injuries suffered in an automobile collision. The collision occurred- between Livermore and Tracy on the highway at a point east of Altamont and almost in front of the Mountain House. The main highway in that neighborhood is an up-grade from west to east and is a gradual curve from left to right as one drives toward t...
Views: 5
This is an action for damages resulting from an automobile accident which occurred at the intersection of Sunset Boulevard and Van Ness Avenue in Los Angeles. The accident happened in the month of August, about 5 o’clock in the evening. The two streets above mentioned intersect at right angles. Sunset Boulevard is eighty! feet wide and Van Ness Avenue is sixty feet wide. Sunset Boulevard is a main...
Views: 0
This is an appeal from an order in probate, discontinuing a widow’s allowance which had been granted in the sum of $175 per month by orders made June 4, 1934, before filing of the inventory, and August 16, 1934, after such filing. When the allowance had been paid for approximately a year, the daughter of deceased by a former marriage sought “an order modifying the order for a family allowance a...
Views: 1
This proceeding is a review of an award by the Industrial Accident Commission. The award ¡ was in favor of C. E. Riley and against the petitioner herein. The application for adjustment of claim before the respondent, which is the equivalent of a complaint in a civil action, alleged that the employer of Riley was Nickj Nickoliades and that the petitioner was the insurance carrier of the said Niekol...
Views: 1
The defendant, as State Superintendent of Banks, has appealed from a judgment which was rendered against him in a suit for notary’s fees for services performed by the plaintiff at the request of California Trust and Savings Bank, which fees were paid to and retained by said bank in a trust fund, and determined to be the property of the plaintiff. The action is in the nature of assumpsit, for mo...
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Plaintiff appeals from a judgment entered in defendants’ favor after an order sustaining a demurrer to plaintiff’s complaint. *392 The action is one for damages for personal injuries sustained by plaintiff by reason of the alleged negligence of defendant city in maintaining a public sidewalk in a dangerous and defective condition. W. J. MacIntyre and F. W. Curl were joined as defe...
Views: 5
This is an appeal by plaintiffs from a judgment entered in favor of defendant after an order granting his motion for nonsuit. Plaintiffs are the surviving widow and minor daughter of Floyd A. Russell, a state^ motorcycle police officer, and bring this action under the provisions of section 377 of the Code of Civil Procedure to recover damages for the death of said Floyd A. Russell, which occurred...
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Defendant has appealed from a judgment rendered against her for $21,022.96 and costs in an action upon a promissory note executed by defendant Margaret S. Porterfield and her husband W. L. Port¿rfield, in favor of Harry A. Reidy, dated July 8, 1929, for $16,500, due one year after date, and assigned by Reidy to plaintiff Jerome Keefer. The action was dismissed as to the defendant W. L. Porterfield...
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E. May Noakes, sister and guardian of George B. Noakes, a World War veteran and incompetent, appeals from an order in probate directing payment •to the medical superintendent of Norwalk State Hospital of the sum of $1440 out of funds of the ward. This aimount represented a charge of $30 per month over a period of four years for care, support and maintenance of the incompetent at the hospital, no c...
Views: 1
The appellant was convicted by a jury of second degree robbery. His appeal from the judgment of conviction, “the verdict of the jury”, and from order of the trial court denying him a new trial rests upon three grounds: insufficiency of the evidence to sustain a conviction; misconduct of the district attorney; error of the court in permitting to be read to the jury testimony given by a. witness at ...
Views: 7
Plaintiff seeks to enjoin the publication! of the names of certain defendants in that part of the telephone directory of defendant Southern California Telephone Company, commonly known as the classified business directory in such a manner as to mislead the public concerning plaintiff’s business. The appeal is taken by plaintiff from a judgment in favor of defendants. No brief has been filed in ...
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Plaintiff, as executrix of the will of Joseph Rosasco, deceased, brought this action to foreclose a mortgage executed to Joseph Rosasco, to secure the payment of a promissory note in the sum of $10,000. The note and mortgage were executed by the defendants, Charles an$ Mary Rosasco, on August 20, 1927. Subsequently, and on August 10, 1929, A. E. Taeeker purchased the property, the subject of the ...
Views: 3
petitioner was convicted of violating section 23 of the Barber Shop Law as amended by adding thereto subdivision (j) (chap. 526, Stats. 1935), making it unlawful for any person to "operate or keep open any barber shop or college for more than six days in any one calendar week”, and sentenced to imprisonment in the city prison of Oakland in the county of Alameda. Claiming that said imprisonment is...
Views: 6
Appeal from an order granting the Public Administrator of Contra Costa County letters of administration with the will annexed of the above estate, and denying the petition of the nominee of the surviving sister of decedent for letters. The material part of the will is as follows: "This is a Will the first & Let us hope the last one. In writing this the object is to stop any of m...
Views: 7
Appellant was charged by information with violation of the State Narcotic Act in having in his possession a preparation of morphine. It was also charged that appellant had suffered three prior felony convictions, one of which was a violation of the Harrison Narcotic Act. Appellant pleaded not guilty to the offense charged, but pleaded guilty to the prior convictions. The jury returned a verdict o...
Views: 2
It was alleged in an accusation filed with the Board of Dental Examiners that appellant herein was licensed to practice dentistry under the name of Harold Richard Cuffield, and that, at the times specified in the accusation, he unlawfully used a certain false and assumed name, to wit, “Doctor Gordon”, in carrying on and conducting the practice of dentistry. After a hearing, the board found the! a...
Views: 8
This is designated by appellant as an! appeal from “verdict and judgment”. Fifteen different judgments were entered on fifteen verdicts, each verdict finding defendant guilty on one of the fifteen counts of the crime of grand theft charged in the information. The attorneys for appellant are not the attorneys who represented defendant in the lower court. An examination of the transcript disclose...
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Plaintiff brought separate ¡actions upon three policies of fire insurance, and upon a trial ifi which the actions were consolidated, recovered judgment for the amount of each policy. Defendants Gulf Insurance Company, Firemen’s Insurance Company and Monarch Insurance Company appeal from separate judgments entered against them. The insured property which was destroyed by fire consisted of c...
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This is an application for a writ of prohibition. Heretofore the plaintiff had in his possession a large number of letters, cards and telegrams. There were from one thousand to two thousand of them. Some were originals, others copies. Some were letters received by the plaintiff from his mother, other letters received by him from his wife. Some were copies of letters written by the plaintiff to ...
Views: 6
The petitioner has applied for a writ of habeas corpus. In his petition .he claims that he was adjudged guilty of contempt for failure to make a payment of maintenance to Grace Mildred Heegstra, his former wife, and that such order was made without any proof that he had not made such payment. After the writ issued the sheriff of the city and county of San Francisco made a return in which he set fo...
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In a trial before a jury the plaintiff had a verdict for injuries caused when struck by defendants' motor vehicle, and the defendants have raised three points in their appeal from the judgment—that plaintiff was guilty of contributory negligence, that he failed to prove any negligence on defendants’ part, and that the damages were excessive. We limit our discussion to the first point. The plain...
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This is an appeal by plaintiff from a judgment entered upon a directed verdict. Plaihtiff is the minor daughter of Gussie Dee Dunlap, whose death ensued from a collision between an automobile in which deceased was riding as a passenger and an electrically propelled train of freight ears and caboose operated by cjlefendants Pacific Electric Railway Company and its employees. The fatal accid...
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This is a petition for a writ of certiorari to review an order of the Industrial Accident Commission refusing to reopen an award of compensation for injuries received in the course of employment. The application to reconsider the award was made on the ground of new and further disability resulting in the permanent insanity of the employee. The application was denied on the ground of ...
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This is an original proceeding whereby the executors of the will of Hugh J. Crawford, deceased, ¡Seek to compel the auditor of Los Angeles County to issue a warrant in a sum claimed to be due for services rendered during his lifetime by the decedent as judge of the Municipal Court of the City of Los Angeles. Petitioners allege that Judge ¡Crawford received compensation at the fate of $7,500 pef...
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This is an appeal from a judgment in favor of the plaintiff for injuries sustained in an automobile collision. The sufficiency of the evidence is not attacked, for obvious reasons, but error is assigned in the giving of one instruction and in the refusal of another, in connection with which the appellant points out certain evidence which Will be briefly summarized. The accident occurred at the int...
Views: 2
This is an appeal from an order striking out the entire memorandum of costs filed by the appellant. A judgment in favor of the respondents was reversed on appeal. (Hansen v. Farmers Automobile Inter-Insurance Exchange, 139 Cal. App. 388 [34 Pac. (2d) 188].) The remittitur was filed on August 23, 1934, and on September 12, 1934, the appellant served and filed its memorandum of costs, the various it...
Views: 0
On March 23, 1929, the defendant loaned $15,000 to one S. W. Miller, taking a note secured by a mortgage on certain real property near Santa Ana, which was then under lease to the Orange County Fair Association. On April 23, 1929, the defendant sold this note and mortgage to the plaintiff, who resided in the state of New York but occasionally visited in Santa Ana. In making this sale one of the de...
Views: 1
Joseph King was one of the plaintifljs in an action brought in the Superior Court of San Diego "County to recover damages from Franklin P. Chapman for the deaths of Rose King and Mariano King. The plaintiffs were heirs at law of the two deceased persons. The case was triecj before the court without a jury. The trial was concluded and the case submitted on November 18, 1935. At that time the tri...
Views: 4
This proceeding was instituted by the state under the authority of the State Narcotic Act for the forfeiture of the automobile above described, which the state seized while it was being used admittedly for the unlawful purpose of transporting narcotics. At the time of the seizure the automobile was subject to a vendor’s conditional sales contract upon which there was an unpaid balance; aid pursua...
Views: 5
Petitioners seek to annul an award of the Industrial Accident Commission. Jim Dudov was employed by Rohl-Connolly Company as a miner at Avalon, California, and on November 3, 1934, sustained an injury arising out of and occurring in the course of his employment. The injury caused total temporary disability commencing November 6, 1934, and ending November 23, 1934, at which time Dudov returned to w...
Views: 1
The defendant was charged in two separate counts of an information, first, with burglary committed by entering a dwelling house in the nighttinie with the intent to commit a felony, to wit, rape, and, seeonjl, with an assault upon a female person who was not his wife, by means of force, violence and the use of a deadly weapon, to accomplish sexual intercourse with her. The jury returned a verdict ...
Views: 4
This case was transferred to us by the Supreme Court. The plaintiffs petitioned the superior court *531 for a writ of mandate to compel the modification of the assessor’s 1933 assessments of certain property in the county of Los Angeles and to have lower valuations substituted therefor. The county auditor and county tax collector were made defendants, and the prayer of the petition was that the...
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These causes are consolidated on this appeal. The first is an appeal by the defendant from a decree ordering a reconveyance of property fraudulently acquired by her through marriage under false representations thkt she had been divorced from a former husband. | The second is an appeal from a judgment refusing to grant partition of real and personal property. Owing to the fact that the cross-compla...
Views: 5
This action was brought for the purposes of securing the rescission of a contract for the sale of a lot on one of the beaches of Los Angeles County, upon the ground of fraudulent representations. The trial court found for defendants on all issues, and refused to grant a rescission, and plaintiffs now appeal from the judgment. ¡ Of the twelve points urged for reversal of the judgment, nine ...
Views: 3
This is a motion by defendant to dismiss an appeal taken by the People from a certain order made and entered by the trial court or to affirm the order. The ground of the motion is that the order from which the attempted appeal has been taken is not an appealable order. The order sought to be attacked by the appeal is an order dismissing the action on motion of the defendants after a verdict of con...
Views: 6
This is an appeal from a judgment awarding plaintiff damages for injury to personal property. An automobile of defendant Bing struck a truck of plaintiff! loaded with fruit and vegetables which were destroyed in tfye accident. The trial court allowed plaintiff damages in the sum of $150 for the loss of the fruit and vegetables. The correctness of the award of this item of damage is the sole quest...
Views: 5
This is a motion to dismiss appeals or affirm an order granting a new trial under the provisions of section three of rule V of the Rules for the Supreme Court and District Courts of Appeal. The case was tried before the Honorable H. G. Ames, judge of the Superior Court of Orange County. A judgment for defendant dated April 10, 1935, was filed and recorded May 10th. On May 28th the plaintiff filed ...
Views: 2
This is an appeal from an order taxing costs. It involves the reporter’s per diem fees, the cost of a daily *551 transcript ordered by the trial court, and the witness fees of four witnesses. The cost bill as originally filed contained the following: “Reporter’s fees, per diems 70 days @ $15.00, $1050.00. One-half Transcript' ordered by Court, $1531.00.” At the time of the hearing of the moti...
Views: 1
12 Cal. App. 2d 557 (1936) CHARLES A. TAYLOR, Appellant, v. THE NATIONAL SUPPLY COMPANY OF CALIFORNIA (a Corporation), Respondent. Civ. No. 9830. California Court of Appeals. Second Appellate District, Division One. March 19, 1936. Macfarlane, Schaefer, Haun & Mulford and Raymond V. Haun for Appellant. Flint & MacKay and Wesley L. Nutten, Jr., for Respondent. Desmond, J., pro tem. ...
Views: 0
Petitioner seeks the annulment of an order of the respondent coyrt adjudging petitioner in contempt for failure to comply with an order of said court permitting the inspection of certain documents and records. Said orders were made in an action entitled Kent v. Transbay Construction Co., being action number 260969 in the files of the respondent court. In said action plaintiff sued to recover wages...
Views: 1
Petitioner seeks the annulment of an order of the respondent court permitting the inspection of ¡certain documents and records in its possession. I This proceeding is closely related to proceeding number 10130 entitled Transbay Construction Co. v. Superior Court, (ante, p. 565 [55 Pac. (2d) 1237]), the opinion' in which last-named proceeding has been this day filed. The order *571 under a...
Views: 0
This action is brought by trustee in bankruptcy of the bankrupt estate of Inter-Mountain Marble Company, a corporation, which corporation for convenience will be referred to as “California corporation”, to recover from defendant Carthage Marble Company of Missouri a balance of $2,250.21, with interest from August 28, 1931. California corporation had judgment and defendant appeals from same. ...
Views: 2
In an action brought to establish a trust the trial court made findings in favor of the plaintiff and from the judgment entered thereon the defendants have appealed. On the 2d day of July, 1926, Clifford A. Fuller and Harriet H. Fuller, his wife, agreed to make a mutual will. Before doing so they entered into a contract with their adopted daughter, Frances R. Nelle, one of the defendants, by an...
Views: 6
These two actions consolidated for trial were brought by plaintiffs for damages on account of personal injuries sustained by them by reason of being struck by the automobile of defendant. In some particulars the evidence was conflicting but in view of the verdict of the jury we may fairly infer ti^e following to have been the facts: *583 Plaintiffs, who were riding in the car...
Views: 2
This is a petition for a writ of certiorari. The Industrial Accident Commission adopted findings and rendered an award of $1950 against this petitioner in favor of Alton Thornquist, a minor, for the loss of portions of four fingers while he was operating a meat-cutting machine in a butcher shop maintained by the Union Lumber Company. The Commission found that the accident occurred 'i...
Views: 3
This is an action to quiet title broujght by the owners of the fee of certain oil lands against numerous defendants including George Gardner as trustee in bankruptcy of the South Consolidated Oil Company, a corporation, a bankrupt, who claims an interest therein. j In 1927, a lease was executed by William Caswell, Katherine Ellis and Pacific Southwest Trust and Savings Bank, the predecessors in...
Views: 1
This is an action by a lessor based upon a written guaranty of the covenants of a lease. Some of the facts are set forth in the opinion in Grace v. Croninger, 56 Cal. App. 659 [206 Pac. 130], which litigation involved a claim for rent accruing prior to the time that this action was commenced. The complaint herein was filed in June, 1919, at which time the other litigation ...
Views: 2
From the record herein, it appears that on a pertinent date George Cook and Connie Cook, who are the petitioners herein, were the owners of a certain automobile which at said time, with their permission was in the possession of, and was being operated by, one Grace, solely in his own business and on his own account; that said Grace, by reason of his negligence, caused said automobile to collide...
Views: 6
Appeal No. 2818 is from an order revoking an order for probation of defendant theretofore made and entered, and from judgment and sentence imposed upon him on October 23, 1925, for violation of the state Narcotic and Drug Act. Appeal No. 2819 is from a judgment finding defendant guilty of the crime of assault with intent to commit rape, and from an order denying his motion for new trial, from o...
Views: 5
Plaintiff sued to recover the proceeds of an insurance policy issued on the life of her husband. The action was tried before a jury; verdict was rendered in plaintiff’s favor for the full amount of the policy, and judgment entered thereon against defendant. Defendant appeals from the judgment. It was alleged by plaintiff that her husband disappeared in 1924, and proof of death was predicat...
Views: 5
The State appeals from an adverse judgment entered in the present proceeding which the State instituted under the State Narcotic Act for the forfeiture of the automobile above described. The act provides among other things that “any automobile or other vehicle used to convey, carry or transport any of the drugs mentioned in section 1 of this act . . . shall be forfeited to the state of Cal...
Views: 4
Plaintiff sued to quiet title to a fund in a savings account deposited by her deceased husband. The defendant had judgment, and the point of plaintiff’s appeal is that the evidence and the findings do not support the judgment. Plaintiff and the deceased were married in 1920, and lived together continually until the death of the husband on July 22, 1934, at the age of 84 years. The deceased...
Views: 2
This is an appeal by defendants from a judgment in plaintiffs’ favor after a trial of an action before the court, arising out of an injury sustained by plaintiff Kenneth Ross, a minor, while a passenger in a motor bus operated by defendant Bay City Transit Company. The case presents the sole question whether the defendants were guilty of negligence contributing proximately to the accident, in the ...
Views: 0
The People moved to dismiss the appeal of defendants on the grounds hereinafter set forth in detail. The defendants were convicted of assault by means of force likely to produce great bodily injury. Verdict of guilty was returned February 25, 1935, as to all three defendants, and on February 28th appellants moved for new trial, which motions were denied on March 11th. Appellants, on said latter...
Views: 3
Plaintiff husband sued for divorce upon the ground of adultery, naming a mutual friend as corespondent ; defendant wife countered with a cross-complaint for divorce upon the same ground, naming the wife of the mutual friend as corespondent and also charging extreme cruelty. After a protracted trial divorce was denied the husband upon the ground that although the wife’s adultery was proved and eve...
Views: 1
Upon the filing of appellant’s opening brief, respondent makes this motion to dismiss the appeal or affirm the judgment upon the following grounds: First, that appellant had failed to comply with the rules of this court respecting the form of his brief; and second, that the appeal was taken for delay, and the questions upon which the decision rests are so unsubstantial as not to merit further argu...
Views: 1
By this action plaintiff seeks to have a chattel mortgage declared null and void, and to have *654it adjudged that defendants have no right, title or interest in the personal property described therein. Plaintiff now appeals from a judgment in favor of defendants. The complaint sets out a lease between plaintiff, as lessor, and defendant Alva Leasure, as lessee, covering certain real property in t...
Views: 4
The plaintiff, who is named as beneficiary in a life insurance policy, has appealed from a judgment which was rendered against her on the ground that the contract was void because of false statements made by the insured in her application therefor. July 16, 1931, Ruby Broadwater, a widow 48 years of age, signed a written application for membership in The Policy Holders Life Insurance Associatio...
Views: 1
This is an action to condemn a right-of-way for highway purposes. The only controversy is over the award, which was paid into court by plaintiff. The trial court adjudged that such award was owned by, and should be paid to respondent bank, and ordered the clerk of the court to pay the same to respondent. The appeal is from the judgment. The agreed statement of facts discloses the following situ...
Views: 2
Action for personal injuries growing out of an automobile collision. Plaintiff was a guest riding in a Buick roadster with his brother-in-law Frederick Salih when the vehicle in which they were riding collided with a truck owned by defendant. The collision occurred in Oakland at the intersection of Fourteenth and Adeline Streets. Defendant’s truck was loaded with several tons of fresh milk. There...
Views: 6
Plaintiff sued to recover damages suffered when she slipped in walking down a stairway of defendant’s apartment house. The case was tried before the court with-' out a jury and judgment rendered for defendant. A motion for a new trial was granted and defendant appeals from the order granting the new trial. Defendant contends that the evidence, viewed in the light most favorable to plaintiff, is...
Views: 2
This action was brought by the widow and children of Chris Jensen. Jensen was killed in a collision between an automobile in which he was riding, and which was owned and was being driven by Peter P. Hansen, and a car owned by O. A. Olson which was being driven by his wife, Sabina Olson, with his consent. The accident occurred on the morning of September 8, 1933, in the intersection of Academy and...
Views: 5
The plaintiff instituted this action to recover from the defendants the sum of $355.50 for charges made for hospital care and nursing furnished to one Anna Angjelich. The complaint alleged that the defendants had employed plaintiff to furnish hospital care and nursing to the above-mentioned person and to pay the reasonable value thereof and that the sum specified was a reasonable charge for the se...
Views: 0
Plaintiff brought this action to recover from each separate defendant its proportionate share of $500, the alleged value of a stolen automobile upon which each defendant had issued a separate policy of insurance against theft. He had judgment against the Westchester Fire Insurance Company of New York for $95.24 and $8.88 accrued interest, the Home Insurance Company for $57.14 and $5.32 accrued ...
Views: 0
In the instant appeal, on December 19, 1935, a decision was made and an opinion filed by virtue of which the judgment that theretofore had been rendered in the action by the superior court was reversed. Thereafter, for the asserted reason that in reaching its conclusion herein, this court inadvertently had failed to give due consideration to certain issues that had been presented in the appeal,...
Views: 0
From the transcript herein it appears that in an action to recover the balance due upon two promissory notes secured by deeds of trust after sale of the security by the trustee thereunder, the defendant, after filing, her answer, moved for judgment on the pleadings, upon the sole ground that “the complaint and each of the causes of action thereof is and are barred by the provisions of section 292...
Views: 0
The record herein discloses that in an action to recover a deficiency existing after a trustee’s foreclosure sale of real estate under a deed of trust securing a promissory note, a general demurrer was sustained to the complaint; and the plaintiff has appealed from the judgment of dismissal thereafter entered. Counsel have stipulated that this appeal “may be submitted upon the rule in Brown v. Fer...
Views: 0
The facts which form the basic reason for the issuance by this court of its alternative writ of mandate herein are substantially as follows: As security for the payment of his promissory note, one Gregovich executed a deed of trust wherein was described certain real property. Thereafter he duly conveyed his remaining rights in said real property to the petitioner herein. Default having occ...
Views: 0
This is a motion to dismiss an appeal from a writ of mandamus which was issued declaring the status of a teacher in the Laws School District to be that of a permanent teacher in that school and directing the payment of her salary. The motion to dismiss the appeal is made under the *718 provisions of rule Y, section 3 of the Rules for Supreme Court and District Courts of Appeal on the ground t...
Views: 0
Plaintiffs executed and delivered to Nate J. Matthews their promissory note for $30,000, due one year after date secured by a deed of trust upon certain real property. The note and deed of trust was assigned by Matthews to Harry C. Morrow, and by various assignments came into the possession of appellants herein, Arnold V. Morrow and Mignon J. Ittner, two children of Morrow. The note was not paid ...
Views: 1
In 1929 and 1930 plaintiffs acquired under contract of sale approximately three acres of land in San Bernardino County, being part of a larger tract containing some six hundred acres known as the College Heights Tract. Plaintiffs’ land is covered with sage brush and rock and the value thereof was testified to by one J. B. Baile, Federal Land Bank appraiser of San Bernardino County, as being one...
Views: 3
Plaintiff and defendants are the owners of adjoining citrus orchards in San Bernardino County. On the boundary line dividing the two properties there is growing a row of tall eucalyptus trees termed a “windbreak” and grown for the purpose of protecting plaintiff’s orchard from damage caused by annually recurring winds of high velocity. Defendants’ evidence, which was not disputed, shows that the ...
Views: 1
The plaintiff instituted this action against four defendants to recover damages for personal injuries alleged to have been sustained by him as the result of Ms being struck by an automobile which at the time of the accident was being operated by one of the defendants who is alleged to have been the agent of and employed by two other defendants. The fourth defendant, Mollie Galloway, is alleged ...
Views: 1
The validity of an award of the Industrial Accident Commission is before us on certiorari. On May 20, 1935, one' Joe Reed' died within an hour after he had been trampled and gored by “Prince”, one of a herd of seven elephants, which he and a man, named Schubert, were exercising in a ring at winter quarters of Al G. Barnes Circus, located at Baldwin Park. The deceased left no known dependents, and ...
Views: 0
This is an appeal from a judgment against the plaintiffs in an action brought against the defendants for the purpose of quieting title to certain real property. At one *745 time the defendants owned the property and during the period of their ownership executed a promissory note and a mortgage securing the same in favor of a Los Angeles bank. Thereafter they sold the property to F. 0. Paige and...
Views: 0
Plaintiff seeks by a writ of mandate to compel various state officers to reinstate him as attorney in the division of labor statistics and law enforcement of the department of industrial relations and to compel the issuance of his salary warrant. The lower court sustained a demurrer to his petition without leave to amend and plaintiff appeals from the consequent judgment. The defendants contend th...
Views: 1
Appellant was charged by an information in three counts with violation of sections 288 and 288a of the Penal Code. He was acquitted of the offenses charged in counts 2 and 3, and convicted by the jury as to count 1, which charged a violation of section 288 of the Penal Code. Prom the order denying his motion for a new trial and from the judgment pronounced against him, appellant prosecutes this a...
Views: 4
This action was brought to recover the deficiency remaining unpaid upon a note originally secured by a deed of trust after sale of the property. The trial court sustained a demurrer without leave to amend, and the appeal is taken from the judgment subsequently entered. The note and deed of trust were executed May 28, 1930. The note became due May 28, 1933, and the sale was made on October 17, 1933...
Views: 0

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