Court Cases Court Cases

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

All Reporters → cal-app-lexis → Volume 1941

Opinions in cal-app-lexis Volume 1941

This is an appeal from an order in probate by which the court set apart, for the benefit of the widow of George Furtsch, and as a homestead, certain real property mentioned in the inventory of decedent’s estate. Appellant claims that Mrs. Furtsch’s petition did not contain facts constituting a legally sufficient application for a declared homestead within section 660 of the Probate Code. He also c...
Views: 3
Appellants herein petition for a rehearing upon the grounds formerly urged and for the additional claimed reason that if the finding that they were not entitled to take under the clause of the will devising them the residue of the estate becomes final under the order as affirmed by this court, they would no longer have an interest entitling them to maintain the contest. In so far as James L. Crane...
Views: 0
Appeal by officials of the Department of Motor Vehicles from a decree enjoining them from enforcing the provisions of chapter 705, Statutes 1937 [Deering’s Gen. Laws, 1937, Act 5132] of the State of California against six different plaintiffs who joined in bringing the suit, setting up separately the same cause of action. Three of the plaintiffs are California corporations; one, a copartnership wi...
Views: 1
Defendant appeals from a judgment for plaintiff based on an indebtedness growing out of the dissolution of a partnership. The principal questions involved relate to matters of pleading and proof. The action was filed in the justice’s court, the complaint being in the form of a common count, alleging that defendant became indebted to plaintiff in the sum of $200 for money had and received from one ...
Views: 2
This is an appeal from a judgment in favor of defendants in an action brought by plaintiff to recover damages for personal injuries sustained as the result of an *33automobile accident. The case was tried before the court sitting without a jury. The facts, so far as necessary to a determination of the question here presented, are as follows: The accident occurred on February 1, 1937, about 7:30 in...
Views: 2
Defendant was accused by information of the crime of grand theft and was convicted at a jury trial. He has appealed from the judgment of conviction and from the order denying his motion for a new trial. It is now contended that the evidence is insufficient to justify the conviction. Andrew S. Thomson, a salesman for the American Cheek Writer Company, parked his automobile in front of his reside...
Views: 11
Defendant was charged by information with the crime of murder and was found guilty by a jury of murder in the second degree. He was also charged with a prior conviction of murder and this charge was admitted. He has appealed from the judgment of conviction. The decedent and the defendant were twin brothers. In the evening of May 11, 1940, they were visiting at the home of their sister, Mrs. Wil...
Views: 15
This is a motion to dismiss the appeal from a judgment, and from an order denying the motion for new trial. Such an order is not appealable. (Code Civ. Proc., see. 963.) There is nothing on file here other than the moving papers and the certificate of the county clerk, from which it appears that the motion for new trial was denied on April 27, 1940; that notice of its denial was filed on April 29,...
Views: 0
Defendant appeals from a judgment determining that a deed naming him as a joint grantee of certain real property is “void for failure of legal delivery thereof”, and that he holds the real property in trust for the benefit of the estate of Emma E. Donnelly, deceased, or for the residuary legatees named in her will. The two plaintiffs are executrices of the will of Emma E. Donnelly, and bring th...
Views: 3
Petitioner appeals from a judgment of the Superior Court of San Francisco denying and dismissing with prejudice his petition for a writ of mandate. By the writ, petitioner seeks to compel the Civil Service Commission to place his name as number one on the list of eligibles for appointment to the position of Superintendent of Agriculture. It appears that petitioner received the highest grade in ...
Views: 19
From a judgment after order sustaining a general demurrer to the complaint without leave to amend, plaintiff appeals. The complaint alleges that prior to Decemner, 1938, the city commenced the construction of a storm drain within an alley, which intersects Indiana Street, 150 feet west of Lincoln Avenue, both public highways in the city of Los Angeles; that such construction required an excavat...
Views: 10
43 Cal.App.2d 70 (1941) ROBERT A. BROWN et al., Respondents, v. STATE PERSONNEL BOARD et al., Appellants. Civ. No. 12734. California Court of Appeals. Second Appellate District, Division Two. February 17, 1941. Earl Warren, Attorney-General, and Bayard Rhone, Deputy Attorney-General, for Appellants. Robert W. Kenny, Morris E. Cohn and Howland & Prindle for Respondents. MOORE, P. J. It ...
Views: 16
Appellant filed his petition for a writ of mandate requiring respondent, Junior College District and the Board of Education of the City of Long Beach to reinstate him in his position of “assistant to the supervisor of educational research” in the Long Beach Junior College, with the status of permanent tenure and to pay him the salary for such position for the time elapsing since his discharge at ...
Views: 14
Appeal from judgment after order sustaining demurrer without leave to amend. Petitioners had been certified as eligible for, and had been appointed to, positions of “collector” of State Board of Equalization. While holding those positions at salaries of $120 per month, they were assigned to, and for different periods performed the duties of the position of “investigator” which is classified as a ...
Views: 3
Plaintiff appeals from a judgment after trial of a plea of res judicata to counts 3 and 4 of the amended complaint and a dismissal of counts 1 and 2 on plaintiff’s motion. In the present action plaintiff demands damages for a breach of contract to pay rentals in the sum of $1800 on lands of plaintiff and for $500 which plaintiff “was compelled to expend for the cultiv...
Views: 9
From two judgments of conviction of gránd larcen3r, after former convictions of felonies, and from an order denying his motion for a new trial, defendant appeals. As grounds for reversal he contends: (1) that the proof was insufficient to establish his identity as the perpetrator of the crimes; (2) that the court erred in receiving certain testimony descriptive of firearms used by appellant in th...
Views: 10
The plaintiff appeals from an order setting aside the information wherein Serna was accused of grand theft. Defendant’s motion was made upon the grounds that: (1) Defendant was committed without probable cause; (2) that a public offense had not been charged; and (3) that the transcript of the preliminary trial disclosed at most a series of petty thefts (Pen. Code, sec. 995). Defendant is an ali...
Views: 2
Defendant, having been convicted on two counts of grand theft by the court without a jury, takes this appeal from the judgment and from the order denying motion for a new trial. As grounds for reversal, he urges (1) that the evidence is insufficient to support the judgment and (2) that the court erred in overruling certain objections to questions propounded to appellant upon his cross-examinati...
Views: 8
Defendant appeals from the judgment following his conviction of burglary of the first degree, and also from an order denying his motion for new trial. The only *118 contention on appeal is in respect to the latter, and we will therefore assume that lack of merit in the appeal from the judgment is conceded. On the evening of September 8, 1940, at about the hour of 9:00 o ’clock, Mrs. Carroll h...
Views: 7
This is an action by Frank Belmont, plaintiff and appellant, against E. F. Milton, defendant and respondent, for advances made, and for damages, under a contract, labeled “Citrus Marketing Agreement’’. The following are the essential parts of said contract, necessary for our consideration here: “This agreement, made this 17 day of August, 1936, and ending the 17 day of August, 1937, between Frank ...
Views: 3
Appellant was charged with having committed a violation of the provisions of section 288a of the Penal Code, with and upon the person of one Roy Jones, on or about the 20th day of April, 1940, in the county of Orange. Trial by jury was had and a verdict returned finding appellant guilty as charged. A motion for a new trial *128 was made and denied. Notice of appeal was given from the order deny...
Views: 10
Plaintiff commenced an action against defendants for damages to a bridge, and from the judgment in favor of defendants this appeal is taken. For many years prior to October 27, 1936, the date of the accident here in question, the state had maintained a wrought iron, through truss type bridge over the Sacramento River at Red Bluff, as part of its highway system. The bridge consisted of five 153 ...
Views: 10
This is an appeal from a judgment sustaining a demurrer to a third amended complaint without leave to amend, and dismissing the action. The complaint was to foreclose a materialman’s lien, upon real property in Kern County, described as follows: “Northwest quarter (y&) of Section 33, Township 11 North, Range 12 West, S. B. B. & M., and those certain mining claims *147located within said quarter-se...
Views: 3
This is an appeal by plaintiff from an order of the Superior Court of Santa Barbara County striking from the records and files of the action a “Notice and Request for Transcript” filed therein by such plaintiff in connection with his appeal from an order of dismissal made in said action. There is no dispute concerning the factual situation with which we are here confronted. This action was in...
Views: 3
This is a motion by respondent to dismiss the appeal upon the ground that neither a clerk’s nor reporter’s transcript nor engrossed bill of exceptions has been filed in this court, and that the time within which to prepare and file the same has elapsed. The record discloses that judgment was entered in favor of respondent’s assignor February 6, 1934. On September 6, 1939, an order was entered b...
Views: 2
This is an action to set aside a joint tenancy with the right of survivorship, and quiet the plaintiff’s title in and to certain money and a certain note and trust deed. On or about June 2, 1936, Norton H. Tharp, who was then 76 years of age, sold a ranch, which was his separate property for $13,500, receiving $3,500 in cash and a note for $10,000 secured by a trust deed upon the property. The not...
Views: 2
— This is an action, originally filed through a guardian ad litem, to set aside a deed by which Henry 0. Boyd had conveyed certain property to J. M. Lancaster. The deed recited a consideration of $10. Among other things, the complaint alleged that at the date of the deed Boyd was of unsound mind and physically and men*162tally incapable of handling his business affairs. In his answer the defendant...
Views: 4
Plaintiff appeals from a judgment entered upon the verdict of a jury in favor of defendants in an action to recover damages for personal injuries. A motion for new trial was automatically denied by failure of any action thereon within the statutory period (Code Civ. Proc., sec. 661). The appeal is primarily directed to challenging certain instructions upon contributory negligence given at defendan...
Views: 11
The state treasurer appeals from a judgment directing the issuance of a peremptory writ of mandate ordering him to pay to plaintiff the sum of $3,167.91 with interest. In the trial court the cause was determined upon the petition of plaintiff and the demurrer of defendant. As disclosed by the petition, the facts are as follows: On April 15, 1934, the plaintiff, a corporation doing business...
Views: 3
This is an appeal from the judgment rendered in favor of respondents upon the sustaining of a demurrer to the amended petition of appellant for a writ of mandate, requiring respondents to issue an off-sale distilled spirits license and other licenses described in the Alcoholic Beverage Control Act of the State of California. . (Stats. 1935, chap. 330, as amended; Deering’s Gen. Laws, [1937] Act 3...
Views: 4
By this writ of prohibition petitioners seek to restrain the Superior Court of the State of California, in and for the County of Calaveras, from taking any proceedings in an action numbered therein as No. 2826, and now pending in said court. From the pleadings and exhibits before us it appears that in 1939, petitioners herein, with the exception of Bank of *182 America, together with L. A. Mo...
Views: 6
This is an- appeal from an amended judgment terminating defendants’ interest in and to an oil and gas lease dated February 20, 1933, made by Lizzie H. Glide, lessor, to Edward R. Richter, lessee, and the leasehold interest therein described, the hydrocarbons produced from the leased property, and certain oil well and drilling equipment, and also giving plaintiff judgment for $27,888.32 for oil pr...
Views: 6
This is an appeal by the plaintiff and appellant Shirley Dorothy Fagan, a minor, from a judgment in favor of the defendant and respondent James J. Fagan, Jr., after an order sustaining a general demurrer without leave to amend. *190 The sole question involved on this appeal is whether or not the first amended complaint contained facts sufficient to constitute a cause of action against the def...
Views: 10
In November of 1940, this cause was placed on the calendar, and heard on November 25th. The appellant’s opening brief was then long overdue under rule II, section 15. At that time, counsel for appellant stated Jfchat he was engaged in trial work and requested an extension. The court granted appellant thirty days to file the opening brief. In spite of frequent requests from the clerk's office, the ...
Views: 2
Petitioner at all of the times herein referred to was a member of the Police Department of the City of Sacramento and in receipt of a salary fixed by an initiative ordinance adopted by the people of that city. In January, 1932, the City of Sacramento found it necessary, due to the financial and business depression, to drastically cut its expenses, and was faced with the problem of either r...
Views: 4
Jane Alice Carlon, the wife of Timothy IT. Carlon, an incompetent person, has appealed from an order of the probate court of Merced County, authorizing the leasing of real property and the sale of personal property belonging to his estate, incident to an order to compromise a purported claim under the provisions of section 1530a of the Probate Code. Mr. Carlon is an old man possessed of re...
Views: 5
This proceeding in mandamus was instituted in the superior court by the plaintiff, Harry A. Ballf, to compel the defendants, Civil Service Commission of San Francisco and the members thereof, to certify his name to the board of supervisors as appointee for the position of 11 General Clerk-Stenographer” in the office of said board. Judgment was entered in his favor, and the defendants appeal. ...
Views: 6
On October 27, 1936, Arthur P. Brown, and Maybelle B. Brown, his wife, two of the defendants and appellants, executed and delivered to The Mitchel Company, Ltd., a corporation, the predecessor in interest of plaintiffs and respondents, a mineral deed, which, omitting the opening and closing clauses, the description of property not involved in this case, and the consideration stated, was as follow...
Views: 13
This action was for the recovery of damages for the death of Amelia Ladas, the wife of Antone Ladas, and the mother of Steve, Margaret and Athena Ladas. From a judgment in favor of defendants this appeal was taken. About 9:30 P. M. on the 20th day of December, 1938, Amelia Ladas and her fifteen year old daughter, Margaret, alighted from a south bound street car at Tenth and V Streets in the cit...
Views: 6
This is an appeal by defendants from a judgment entered in consolidated actions foreclosing mechanics’ liens. Defendants Woods were the owners of a portion of a thirteen-acre tract upon which an oil well had been partially drilled. Defendants Woods and defendants Capser were the owners in common of the remaining portion of said thirteen- *231 acre tract. Said defendants, as lessors, thereafte...
Views: 1
Petitioner has filed two separate proceedings to annul two separate awards of the Industrial Accident Commission against petitioner, the insurance carrier, for injuries suffered by E. J. Hunter, an employee of the Kettleman North Dome Association. The facts of the two cases and the law involved are so closely related that they should be considered in one opinion to obviate needless repetition. ...
Views: 5
The facts of this case and the law bearing upon them are sufficiently set forth in State Compensation Ins. Fund v. Industrial Acc. Com., bearing our number Civ. 2591, the opinion being filed herewith (ante, p. 233 [110 Pac. (2d) 510].) We there held that E. J. Hunter, the injured employee was entitled to receive but one total temporary disability award over the same period even though he received ...
Views: 4
Appellant, charged by information with ten counts of grand theft, with a prior conviction of grand theft and of issuing checks without sufficient funds, was found guilty on each of the ten counts by separate verdicts of the jury returned after trial. Appellant admitted the prior conviction, but appeals from the present judgments and the order denying his motion for a new trial. The record revea...
Views: 10
This action was instituted to recover damages on account of personal injuries sustained by plaintiff in an automobile accident. At the time of the accident, which occurred between 5:30 and 6 o ’clock on the evening of January 14, 1938, plaintiff, a man 75 years of age, was on his way home from the business section of the city of Alhambra, carrying some purchases. When he arrived at the intersecti...
Views: 17
This litigation grew out of a collision which occurred about 11 o’clock on the night of May 11, 1939, between a Packard coupe, being driven by plaintiff, in an easterly direction, on the Farmington Road, and a Chevrolet truck, operated by defendant, in a southerly direction, on the Jack Tone Road at the intersection of these two thoroughfares in San Joaquin County. The Farmington Road is a thro...
Views: 5
Thomas Naughton, a member of the San Francisco Police Department for twenty-nine years, died June 7, 1937. At the time of his death he held the rank of sergeant. He was survived by his wife, Hattie Naughton, to whom he had been married nearly thirty years. She filed application with the Retirement Board of San Francisco, City Employees' Retirement System, for a pension; and after hearing the evide...
Views: 0
This action was brought to recover damages for personal injuries received by respondent while in the employ of defendant. A trial was had before the court. Findings were made in favor of respondent, and judgment in the sum of $15,525 was entered. The appeal is from the judgment. The complaint sets forth two causes of action. The first is based upon ordinary negligence, while the second is ...
Views: 18
43 Cal.App.2d 280 (1941) B. L. BLACKMORE et al., Respondents, v. MERVYN BRENNAN et al., Appellants. Civ. No. 6467. California Court of Appeals. Third Appellate District. March 1, 1941. Honey & Mayall for Appellants. Gumpert & Mazzera and C. H. Hogan for Respondents. THOMPSON, J. The defendants have appealed from a judgment of $3,500 damages for the death of Harold Blackmore, son of...
Views: 13
This is a petition to review an award of the Industrial Accident Commission. The facts are brief. Fred Zurbuchen, the applicant, was employed as a laborer on the ranch of John W. Flint. On the day in question Mr. Zurbuchen, who was operating a tractor, went to the ranch house to get some planks to extricate the tractor from some soft ground. He then started back to the tractor, riding in t...
Views: 10
Appellant was convicted of a violation of section 501 of the Vehicle Code (driving a vehicle while • under the influence of intoxicating liquor and causing bodily harm to another), and now prosecutes this appeal. The facts are not in dispute. As appellant was driving his automobile around a curve in the highway he crossed the center of the highway, marked by a white line, over on to the left si...
Views: 9
Plaintiff brought this action to quiet his title to two parcels of land in Tulare County. He had judgment and this appeal followed. Defendants have attempted to appeal from the order denying their motion for new trial which is not an appealable order. (See. 963, Code Civ. Proc.) Plaintiff deraigns his title through tax deeds. No question is raised as to their validity, but only as to the quanti...
Views: 7
Plaintiff sued for damages for personal injuries and had a verdict for $3,000. Three issues were submitted to the jury—the negligence of defendant, the contributory negligence of plaintiff, and the amount of damage suffered by plaintiff. The defendant concedes that the evidence was conflicting on the first and third issues. Substantial evidence was offered to sustain the verdict upon both of thos...
Views: 2
Plaintiff sued in equity for a judgment quieting his title to a leasehold interest in certain farming land, and admitting him to possession of the premises. The defendants had judgment. The issue on the appeal is whether the plaintiff is estopped from claiming the right to possession as a tenant because of his representations to defendants that he held as a tenant under an oral lease from the defe...
Views: 2
An appeal is taken from a decree determining heirship under section 1080 of the Probate Code. Wilma Sarles McCollum died testate February 22, 1939. The portions of her will pertinent to this inquiry read: ‘1 FIRST: Provided JANE SARLES, my Grandmother by reason of the adoption by her and WILLIAM SARLES, her husband, the latter now deceased, of my Mother, MYRTLE SARLES Mc-COLLUM, now deceased, sur...
Views: 4
The defendant was convicted of the crime of bigamy upon an information charging a marriage on October 4, 1938, he then “having a wife living”. The state proved, and the defendant admitted, that he had married three separate women—one on July 30, 1936, another on July 16, 1938, and another on October 4, 1938. The first and third marriages were contracted under assumed names. Upon arraignment the d...
Views: 4
In the case before us, the probate court made an order admitting the will of the deceased to probate, but revoking it as to his surviving spouse, respondent herein. Section 70 of the Probate Code reads as follows: ’“If a person marries after making a will, and the spouse survives the maker, the will is revoked as to the spouse, unless provision has been made for the spouse by marriage contract,...
Views: 3
This is an appeal from a decree, entered upon the settling of a final account, by which the probate court distributed to respondent all property remaining in decedent’s estate. It is filed by two brothers, Jacob M. and Edwin M. Frazer, the only heirs at law of the decedent, C. 0. Frazer, also known as Charles 0. Frazer. Two days before his death, Charles had signed his will in the presence of his ...
Views: 4
The petitioner, insurance carrier for the city of Beverly Hills, seeks to annul an award made by respondent commission on behalf of John W. Ruffner, who had performed services for the city as a bill collector and as an inspector of signs. Ruffner was driving an automobile owned by the city to the city’s garage at approximately 4:45 P. M. on May 3, 1940. His working hours were from 8 A. M. to 5 P. ...
Views: 2
This is an action by J. W. Gal-breath and L. J. Wyseur, plaintiffs and appellants, to quiet title to certain real property. The complaint was in the usual form of a quiet title action. The answer and cross-complaint of defendants and respondents denied the allegations of the complaint, alleged that on March 11, 1938, the tax collector of Kern County sold an undivided one-half interest in the real ...
Views: 2
Appellant, as executrix of the last will and testament of Samuel Weinstein, deceased, appeals from an order of the trial court allowing an execution to issue after five years from the date of entry of the judgment, and permitting respondent to present her claim based on the judgment to the appellant, as executrix of Weinstein’s estate. The sole contention of appellant is that notice of the motion ...
Views: 4
Plaintiffs are the widow and parents of Joseph J. Gallo deceased. They brought this action seeking *341damages for the death of said deceased, which death was alleged to have been caused by the negligence of the defendants. Upon a trial by a jury, plaintiffs recovered judgment in the sum of $10,000. Defendants appeal from said judgment. The death of said deceased occurred on the morning of Decembe...
Views: 2
This is an appeal from an order appointing Georgina E. Forrest executrix of the will of Francis G. Forrest, deceased. The decedent and Georgina E. Forrest intermarried on June 29, 1915. They lived together until April, 1922, at which time Mrs. Forrest filed a suit for divorce. Later both an interlocutory decree of divorce and a final decree were entered in favor of Mrs. Forrest. On December 31, 1...
Views: 7
There are two appeals in this case. Defendants appeal from the judgment entered on the verdict of the jury and plaintiff appeals from an order granting defendants a new trial. Since each side is thus appealing, we will refer throughout this opinion to plaintiff and defendants in order to avoid confusion. The appeal from the order granting a new trial must be first considered, and the appeal fro...
Views: 4
The plaintiff has appealed from a judgment awarding the corporate defendant and cross-complainant, which will be referred to as the respondent, the right to its proportionate share of the water distributed by the plaintiff. The appellant was organized under the laws of this state in 1885. Its purposes, as set forth in its articles, are to construct and operate canals; to acquire water rights; and ...
Views: 1
This is a motion to dismiss the appeal on the ground that a transcript was not filed within the time allowed by law and on the further ground that the transcript which is now on file was not certified and settled as required by law, with the result that there is no record on which any issue presented by the appeal may be determined. The action was one for declaratory relief. Judgment was entered i...
Views: 3
From an order directing the receiver to deliver the possession of property, both real and personal, and from an order refusing to vacate the former order, the defendant Perry has appealed. Heretofore H. 0. Harrison and Daisy Harrison, his wife, were the owners of lot 23 of tract 2289 in the city and county of Los Angeles, together with the building standing thereon occupied as a hotel and for cert...
Views: 2
In a proceeding to determine heirship, the trial court directed a verdict against appellants and in favor *386of respondents and judgment was entered accordingly. Appellants appeal from said judgment. The deceased was a former lieutenant on the San Francisco police force. He died in 1937 leaving neither wife nor issue. He was originally known as Harry Peter Breig and later changed the spelling of ...
Views: 5
Appellants herein appeal from an order denying their motion for a new trial made after a jury had found each of them guilty of a criminal conspiracy to commit petty thefts as charged in an indictment accusing appellants and other named defendants of the crime. After the verdict ap *390 pellants applied for probation and the court ordered that proceedings in the case be suspended and granted app...
Views: 9
The petitioner has appealed from an order sustaining without leave to amend a demurrer to her application for a writ of mandamus to compel the Board of Control of the State of California to approve, allow and direct to be paid two specific claims for reimbursement of taxes from a special fund created by the legislature (Stats. 1933, chap. 968, p. 2490), which taxes were erroneously levied *398...
Views: 3
This is an appeal by defendant Pacific Telephone and Telegraph Company from a judgment in a personal injury action in favor of plaintiff. On the day of the injury, October 29, 1937, appellant, for the purpose of carrying on its business, maintained cables, wires and poles in the city of Lodi. The city of Lodi, a municipal corporation, was then engaged in the business of distributing electr...
Views: 12
This is an appeal by the People of the State of California from a judgment under proceedings provided for in Division X, Chapter 7, Article 1 of the Health and Safety Code (Chapter 60, Statutes 1939), in which it was held that the 1939 Buick here involved had been unlawfully used for the purpose of concealing and transporting opium, but the forfeiture of the Buick automobile was denied and releas...
Views: 6
In a suit for unlawful detention of real property under section 1161 of the Code of Civil Procedure, the plaintiff recovered judgment against the defendant and cross-complainant for unpaid rent in the sum of $111.80, and for restitution of the property in the event that sum was not paid within five days after notice of the entry of judgment. The rent was not paid. In his cross-complaint the def...
Views: 7
This is an appeal from an order settling the fourth annual account of the executrix of the estate of the decedent. The decedent left an holographic will. It is very long and need not be set forth at length. Among other provisions it contained the following: “I give, devise and bequeath, to my sister Mrs. Nellie. Kelleher. my House, and Lot. and all improvements, there on. Lot two. Block 4088 on ha...
Views: 2
Appellant, Kenneth H. Brown, and his brother, Dwight W. Brown, were jointly charged with first degree robbery and assault with intent to commit murder. Kenneth was also charged with two prior convictions, which he admitted. Both defendants pleaded not guilty, and, in addition, Kenneth pleaded not guilty by reason of insanity. The jury acquitted Dwight Brown and convicted Kenneth of both offenses ...
Views: 14
Defendants have appealed from judgments rendered against them in these two actions, consolidated for trial and now considered together on appeal as they present identical issues. Both actions arise out of a collision between a Ford sedan driven by William Cusack and owned by F. C. Ferguson who was riding therein at the time, and a GMC truck driven by-George Nakahara and owned by Harry Naga...
Views: 11
In an indictment returned by the grand jury, defendants were accused in count 1 of the offense of conspiracy to commit the crime of corruptly offering and giving a bribe, in violation of section 165 of the Penal Code, while counts 2, 3, 4 and 5 respectively charged violations of the same Penal Code section. Count 2 was subsequently dismissed on motion of the district attorney. Upon a trial by j...
Views: 7
The following evidence was prosented to the court as an agreed statement of fact: “ . . . During the year 1938, one Carle D. Boss was duly elected to the office of Justice of the Peace of Downieville Township, Sierra County, California; thereafter he duly qualified, assumed and regularly filled that office, beginning January 1939, the term of said office being four years from January 1, 1939, or u...
Views: 2
This action involves a disputed boundary line between lot 54 of Roeding’s Villa Colony, and lots 1, 2, and 17 of MeCoon’s Boulevard Acres, in Fresno County. The complaint of plaintiff and appellant, is in two counts, the first seeking to quiet title to lot 54 of Roeding’s Villa Colony, and the second alleging that defendants and respondents had encroached upon said property with buildings, outbui...
Views: 3
This is an appeal from a judgment for damages resulting from a collision between two motor vehicles at about 8 o’clock on the evening of May 20, 1939, on Highway No. 99, in Kern County. B. T. Shimizu was the owner of a Ford V8 truck which, with its load of vegetables, was being driven by Bill Burke southerly on Highway No. 99. About 17 miles south of Bakersfield it ran into the rear of a Model T F...
Views: 8
Upon a hearing of a third party claim under section 689 of the Code of Civil Procedure judgment went against the claimant, and she appeals. The single ground urged on the appeal is the question of the sufficiency of the evidence to support the judgment. For that reason respondents’ argument relating to appellant’s failure to “present each point separately under an appropriate heading” (Rule VIII ...
Views: 3
The plaintiff brought this action under the provisions of division X, chapter 7, article I of the Health and Safety Code to obtain a judgment of forfeiture. The action was tried by the trial court sitting without a jury. Later it made findings against the plaintiff and from the judgment entered on the findings the plaintiff appealed. The findings included the following: “V. “That it is true t...
Views: 9
This is an action to recover damages for an alleged trespass and conversion of property. It appears from the record herein that appellant’s assignor, John M. Eustace, on September 9, 1934, and for many years theretofore had been engaged in the plumbing business at two locations in the city of Los Angeles under the name of Eustace Plumbing Company; that on August 23, 1934, there was filed b...
Views: 7
This is an appeal from an order denying a motion for a change of venue from the county of Fresno to the city and county of San Francisco, which is the residence of the appellant. The action is one brought by a trustee in bankruptcy for the purpose of recovering certain money and property alleged to have been turned over to the defendants in payment of a debt, on the ground that the same constit...
Views: 11
This is an appeal from a decree of specific performance whereby the defendant executor of the estate of a deceased partner was ordered to convey the interest of the deceased partner in the partnership to the surviving partners pursuant to an option to purchase contained in the part*499nership agreement. Judgment was rendered for plaintiff on the pleadings. This appeal is taken by the interveners i...
Views: 5
Appellant was charged with the crime of receiving stolen property, pleaded not guilty and in person waived his right to a jury trial. The trial court found the appellant guilty and his motion for a new trial was denied. This appeal is from the judgment, and from the order denying the motion for new trial on the ground of the insufficiency of the evidence and alleged errors of law. On the first ...
Views: 7
Plaintiff and respondent obtained judgment in a quiet title action against defendants and appellants. The case concerned a controversy over the boundary between the eastern portion of lot 4, of Kern Citrus Tract, and the western portion of that lot. Respondent owns the eastern portion of the lot and the several appellants own several pieces of *520 land that constitute the western ...
Views: 5
This is an appeal from a judgment in favor of defendants on their cross-complaint cancelling a note in the sum of $10,000 secured by a mortgage on real property which Thomas M. Kekich sought to foreclose. Thomas M. Kekich, the original plaintiff and appellant herein, died testate since the filing of this appeal and Ellen Kekich, his wife, was substituted herein, as executrix of his last will an...
Views: 1
This is an appeal from a judgment for the defendant in an action by plaintiff to quiet title to real property in Los Angeles County. The appeal is heard upon the judgment roll, to which is appended the certified written stipulation of facts. The real property in question was owned by Robert E. Hopkins & Company and was deeded to the State of California for nonpayment of state and county ta...
Views: 3
Plaintiff brought this action to enforce a liability allegedly created pursuant to the terms of sections 544 *539 and 545 of the Code of Civil Procedure. The facts necessary for a proper consideration of the issues involved herein are that defendant Basich Brothers Construction Company, on or about the 10th day of September, 1930, entered into a contract with the State of California through its...
Views: 1
The plaintiff and respondent herein, being the. holder of a judgment against Pima Drilling Company and Frederick Libby, caused a writ of execution to be issued and a levy to be made upon an oil well derrick and drilling equipment located at a well being operated by the judgment debtors in Santa Barbara County. Following such levy, and on April 27, 1938, the property was duly sold at an execution ...
Views: 3
In an information filed by the district attorney, defendant was accused of three felonies. Count 1 charged violation of section 288 of the Penal Code; count 2 set forth a violation of section 286 of the Penal Code; while count 3 alleged an attempt by defendant to commit the act charged in count 2. During the progress of the trial count 3 was dismissed on motion of the district attorney. By its ver...
Views: 1
Hans B. Swendsen died on March 23, 1940, leaving a holographic will in which all of his property, which *552brings in an annual income of approximately $500, is given to Mrs. K. K. Earnest. Mrs. Earnest filed a petition asking to be appointed executrix of the will, claiming that she was named therein as executrix. The probate court admitted the will to probate but granted the petition of the publi...
Views: 1
Appellant in her complaint for damages for breach of contract alleged that on August 10, 1933, in consideration for valuable services rendered by her to respondents for approximately two years theretofore in experimenting with and developing the manufacture of corrective brassieres, and particularly the garment known as Lov-é Brassiere, an agreement was entered into whereby the respondents agreed ...
Views: 3
From a judgment, in favor of defendant after trial before the court without a jury, predicated upon the sustaining of an objection by defendant to the introduction of any evidence on the ground that the complaint showed on its face that plaintiffs’ cause of action was barred by the statute of limitations (subd. 3, sec. 340, Code Civ. Proe.), in an action to recover damages for malpractice, plaint...
Views: 5
This is an appeal from a judgment in favor of the plaintiff in an action by a judgment creditor to set aside as fraudulent two deeds executed by Arthur A. Bergman and Anna L. Bergman, his wife, to appellants Fred C. Mason and Josephine V. Mason, his wife. The first deed covered Lots 12 and 14, Block 7, Tract 5870, and the second deed covered Lots 68 and 69, Tract 7705, in Los Angeles County. The ...
Views: 4
43 Cal. App. 2d 591 (1941) THE PEOPLE, Respondent, v. JOHN J. ADDINGTON, Appellant. Crim. No. 3423. California Court of Appeals. Second Appellate District, Division Two. March 21, 1941. Ralph L. Loeb for Appellant. Earl Warren, Attorney-General, and Bayard Rhone, Deputy Attorney-General, for Respondent. WOOD, J. The appellant Addington and his co-defendant, Chefalo, were jointly charged in...
Views: 25
Plaintiff recovered judgment against J. J. Newberry Company for damages which she suffered as a result of slipping on some vomitus on the floor of an aisle in defendant’s store on December 23, 1938. Blanche Mason, floor lady employed by defendant, and C. H. Landgraf, manager of the store, were made co-defendants with their employer. The action was dismissed as to Landgraf and the jury returned ...
Views: 9
This is an appeal from a judgment decreeing cancellation of a written assignment of a promissory note and mortgage on real property and fore*610closing said mortgage in favor of plaintiff and against defendants. The action was tried by the court without a jury. The third count in the complaint sets forth a cause of action for declaratory relief and was dismissed at the time of trial. The appellant...
Views: 2
This action was brought in the superior court to obtain an injunction against the enforcement of three certain sections of a city ordinance. A general demurrer to the plaintiff’s first amended complaint was sustained without leave to amend, and judgment was entered tliereon, dismissing the action. This appeal followed. The following allegations of fact, admitted to be true for the purposes of t...
Views: 9
The plaintiff, in an action for damages for a wrongful levy upon and sale of real property, appeals from a judgment dismissing the action after a general demurrer to the second amended complaint was sustained without leave to amend further. *626 The complaint in question contains the following allegations, the truth of which must be presumed on this appeal from a judgment after de...
Views: 3
This is an action to recover damages for personal injuries suffered by plaintiff Dorothy Reithardt, who, while a student in Marysville Union High School, was injured as the result of a fall. Plaintiff Henry Reithardt is her father. The complaint is in two counts. The first count is for general damages suffered by plaintiff Dorothy Reithardt; the second count, for special damages consisting of n...
Views: 11
This appeal is from an order denying defendants’ motion for a change of venue. The amended complaint filed in the county of Del Norte, alleges misrepresentation in the sale of a tractor, the terms *639 of which were embodied in a written agreement, and also alleges the agreement was made and entered into in the county of Del Norte. The motion was made upon the grounds that the residence of ...
Views: 4
This is a motion for diminution of the record by incorporating therein a duly certified copy of defendant’s instruction number thirty. This instruction, as proposed, is not contained in the record. It contains, among other things, a quotation of the basic speed law as set forth in section 510 of the Vehicle Code, a statement that a violation of this basic rule is negligence, and the further state...
Views: 4
This is an action for damages based upon the death of Ruth Hanson and injuries suffered by Lucile Ledbetter, both resulting from the same automobile accident. Both girls were students in the Reedley Junior College, which was operated by the defendant high school district. The trustees of this district were made defendants, but a nonsuit was granted in their favor. A jury returned a verdict of $5,...
Views: 5
This is an action brought by plaintiff to set aside a sale under a deed of trust. She alleges that she acquired an interest in a note secured by a deed of trust, by virtue of certain payments made upon the note, of which she was the maker, and which was held by the Security-First National Trust and Savings Bank of Los Angeles as beneficiary. The defendants Niece denied the material allegations ...
Views: 4
Two separate appeals are presented from a judgment as modified on defendants’ motion for new trial. The first involves the construction of an agreement as it bears upon the liability of vending stockholders for federal income tax for a period antedating the sale; and the second, assuming such liability, the question whether the act of a national bank in participating in such agreement as testament...
Views: 1
Respondents upon rehearing have urged that appellant's brief contains an admission of certain facts, not otherwise appearing upon the face of the record, which show appellant’s cause of action herein to be barred by the limitation of time provided by section 359 of the Code of Civil Procedure. *679 In the original opinion herein (Hospelhorn v. Newhoff, [Cal. App.] 107 Pac. (2d) 956), it w...
Views: 4
The accident which forms the basis of the instant litigation occurred in the city of Los Angeles on August 7, 1937, at approximately 1:50 o’clock in the morning at the intersection of East First Street and Central Avenue. It appears from the record herein that appellant, the proprietor of a Japanese noodle shop, left her place of business at the time stated and was on her way home. She walked west...
Views: 1
This is an appeal from a judgment, based upon a verdict which the court directed the jury to enter in favor of the plaintiff. Hs, as special administrator of the estate of Mary Barrett, Sr., had brought the action for *686 possession of certain personal property held by appellant, Mary B. Barrett, executrix of the estate of Patrick C. Barrett. Joined as defendants were Mary B. Barrett and Alice...
Views: 9
Defendants appeal from a judgment after verdict in favor of plaintiff for $11,062- by reason of personal injuries and property damage resulting from a collision between plaintiff’s automobile and a locomotive tender of a train of defendant company. Defendants Fowler and Carter were company employees and train operatives. At the proper times defendants’ motions for directed verdict and for a new...
Views: 4
This is an appeal from a judgment in favor of plaintiff for $2,100 for personal injuries received when he was struck by an automobile driven by defendant, Fred W. Zabler. The judgment went against Alvina Zabler also because she was the owner of the automobile operated by her husband with her permission. The collision of defendant’s car with plaintiff occurred at - 4 o’clock in the afternoon of ...
Views: 3
Plaintiff prosecutes this action for damages on account of personal injuries suffered from a fall while walking along and upon a sidewalk in the city of Burbank. About 9 p. m., April 28, 1936, while proceeding normally along the south side of 10th Street in Burbank, she crossed the ten-foot alley which intersected the sidewalk. In proceeding upon her course and as she was about to step from the...
Views: 5
This appeal is taken by Johanna Coyne, the executrix of the estate of Attorney D. Joseph Coyne, from an order of the superior court sitting in probate, whereby it fixed the fees for the extraordinary services rendered by Mr. Coyne as attorney for the estate of Adelaide De Barry in the sum of $2,500. As a part of the same order, the attorney was required to restore to the estate the sum of $15,0...
Views: 2
A writ of review was issued to the superior court sitting in probate for the purpose of having this court determine whether or not that court was without jurisdiction to make its order for the payment of certain counsel fees for services rendered by respondent attorney to the estate following his appointment by such judge. Following the decease of John L. Best, petitioner qualified as administratr...
Views: 2
The plaintiffs and interveners, who own land riparian to Honcut Creek in Yuba County, have appealed from a judgment enjoining the defendants from polluting the waters of that creek and its upper tributary streams, by depositing therein mining slickens or debris in such quantity as will substantially damage the properties of the appellants. The injunction against three of the defendants, namely,...
Views: 7
This is an appeal from a judgment in favor of defendants following a jury trial which resulted in a verdict in their favor. The action was brought by the heirs of a decedent for the wrongful death of their husband and father respectively as the result of an automobile collision. The Occidental Indemnity Company, a corporation, having paid an award under the Workmen’s Compensation Act, intervened,...
Views: 8
This is an action in interpleader in which the New York Life Insurance Company sought to have determined which of two adverse claimants, Occidental Petroleum Corporation or Leal Garbett, were entitled to the benefits of two insurance policies on the life of Leonard Garbett. The trial court awarded the money to the Occidental Petroleum Corporation and Mrs. Garbett has appealed from the judgment. Th...
Views: 3
This action was instituted by plaintiff to enforce the rescission of a contract executed by plaintiff and defendant September 30, 1938. The ground alleged as the basis for rescission was fraud in that defendant never intended to perform any of the terms and conditions of the contract which provided for the sale to defendant by plaintiff of a milk route and certain equipment, including a truck, su...
Views: 3
Plaintiff, aged 5% years, by her guardian ad litem, takes this appeal from a judgment following an unfavorably directed verdict in an action for damages for personal injuries. On Saturday, April 8, 1939, at about 10:30 A. M. defendant drove his ear from his garage upon a 97-inch driveway which extended along the side of the flat building in which he resided. Plaintiff’s home stands south of the dr...
Views: 0
This action was brought by Clarence Bauer against defendant and appellant Mrs. Harry Davis, to recover damages for injuries suffered as a result of a collision between the car driven by Mrs. Davis and the one in which plaintiff was riding. The defendant answered denying the allegations of negligence and alleged contributory negligence on the part of plaintiff. The defendant also filed a cross-com...
Views: 1
The defendant, engaged in the liability insurance business, executed a policy in favor of J. M. McIntyre against liability imposed upon him by law on account of the operation of the automobile described in said policy. While driving the automobile McIntyre injured Julia J. Burbank. Julia J. Burbank and Willie Burbank, wife and husband, filed suit against McIntyre to recover damages for personal...
Views: 2
Plaintiff recovered judgment against defendants O. N. Craft and IT. S. Takei and each of them, in the sum of $21,380.90, for personal injuries sustained from a deflected fragment of a bullet fired by another person in a shooting gallery, resulting in the loss of the sight of one eye. Appeals from the judgment were taken by both defendants Craft and Takei. Defendant Takei, however, failed to perfe...
Views: 6
43 Cal. App. 2d 802 (1941) THE PEOPLE, Plaintiff and Respondent, v. SHIRLEY KAYE et al., Appellants. Crim. No. 2064. California Court of Appeals. First Appellate District, Division One. March 31, 1941. Gerald J. Kenny, Public Defender, James A. Toner, Assistant Public Defender, Nathan C. Coghlan and Alfred J. Hennessy for Appellants. Earl Warren, Attorney-General, and William F. Cleary, Depu...
Views: 22
This is an action to foreclose a bond indenture in the form of a trust deed which was given under date of September 5, 1928, for the purpose of securing a loan of $60,000, evidenced by certain notes. All of these notes became due September 5, 3933, and each note recited that it was one of a series of 170 notes secured by this deed of trust. The notes were sold to various people and none of the not...
Views: 0
The following judgment was entered in the above-entitled action: “This action came on regularly for trial on the 29th, 30th, 31st of July, and 1st, 2nd, 5th, 6th, 7th and 8th day of August, 1940. The said parties appeared by their attorneys, Messrs. Burke & Rawles, Esq., counsel for plaintiff, and Messrs. Preston & Gibson for defendant. A jury of twelve persons was regularly empanelled and sworn t...
Views: 1
This is an appeal from a judgment cancelling promissory notes and a deed of trust on property of Henry G. Bodkin and Ruth Bodkin to whom we will refer as the defendants. Plaintiff has attempted to appeal from an order denying his motion for new trial. Such an order is not appealable. (Code Civ. Proc., sec. 963.) The appeal is on the judgment roll. In the absence of the evidence we must pre...
Views: 10
This is a motion to dismiss this appeal from the judgment. Nothing has been filed in this court except the papers on this motion. From the certificate of the county clerk it appears that the judgment was entered on June 28, 1940; that notice of appeal and notice to prepare transcript were filed on August 28, 1940, and that on October 26, 1940, an order was entered in the trial court terminating pr...
Views: 2
The respondent having filed his motion to dismiss the appeal in the above-entitled matter, supported by a certificate of the clerk of the superior court setting forth the facts required by rule VI of this court, and it appearing that all of the grounds stated in the motion are supported by the said certificate and by the authorities cited, It is ordered that this appeal be, and the same hereby is,...
Views: 3
The transcripts on appeal herein were filed July 19, 1940. Thereafter appellant filed three requests *848for additional time within which to file his opening brief, which time expired October 11, 1940. No further requests for time having been made, and no brief having been filed, on January 17, 1941, an order was issued to appellant to show cause on February 26, 1941, why the appeal should not be ...
Views: 1
Plaintiff and appellant filed suit against defendant for damages alleged to have been sustained by plaintiff as a result of the negligent operation by defendant of an automobile which he was driving. As counsel for respondent correctly states: “The sole question before this court is whether or not service can be effected under Sec. 404 of the California Vehicle Code, St. 1935, p. 154, where the de...
Views: 6
For convenience we shall refer to the first of the above cases, with its three defendants, as the Lopez case, and the second one, with its sole defendant, as the Fagan case. There was no trial in either ease; all of the defendants pleaded guilty, judgment following immediately without the taking of any evidence and without any reference to or report from a probation officer. PROCEEDINGS IN LOPE...
Views: 9
This appeal is presented to us upon the judgment roll, without either bill of exceptions or transcript. Hence we cannot consider, in deciding it, the references made by appellant to the testimony or to a “stipulation” of defendant, or to other asserted facts of the case not appearing in the findings or from the admissions of the pleadings. Thus the frequently mentioned fact, if it be a fact, that ...
Views: 11
In the forenoon of November 19, 1938, a collision occurred between a mechanical street sweeper owned by the city of San Diego and a Pacific Greyhound bus driven by the defendant J. E. Mort. This collision occurred on U. S. Highway No. 101 in Rose Canyon in the city of San Diego. At the . time the street sweeper had been rented, together with its driver, by David H. Ryan, paving contractor. Mr. Rya...
Views: 1
This action was commenced by plaintiff in the Municipal Court of the City of Los Angeles and upon proceedings which are not here questioned, and which we therefore assume to have been proper, was transferred to the justice’s court from which this appeal is taken. The justice’s court sustained a demurrer to the complaint with leave to amend and, no amendment having been made, a judgment of dismi...
Views: 2
Plaintiff appeals from a judgment in favor of defendants in a proceeding in mandamus whereby she sought to establish tenure as permanent principal of the Gough School in San Francisco, to compel the Board of Education to “reinstate and restore” her to that position, and pay her the salary as such from the date on which she alleges she was illegally removed therefrom. The findings and judgment were...
Views: 4
Appellant was convicted by a jury of the offense of child stealing (defined by section 278 of the Penal Code), as charged in an information, to wit: that he wilfully, unlawfully, feloniously, maliciously, forcibly and fraudulently took and enticed away a five year old boy with intent to detain and conceal such child from his parents. Appellant admitted a prior conviction of the crime of larceny f...
Views: 11
An information filed by the district attorney of Los Angeles County charged the defendant with the crime of violation of section 11036 of the Health and Safety Code of the State of California, which section limits and regulates, among other things, the right to sell, furnish, give away or transport narcotics. Following trial before a jury, the defendant was found guilty. This appeal is from the j...
Views: 12
This is an appeal from a judgment in favor of defendant in an action brought to recover alleged excess taxes collected by defendant for the fiscal year 1933-1934. The action was originally filed in the municipal court and the complaint was in 736 counts representing the claims of 736 plaintiffs. A judgment was entered in favor of defendant in said municipal court but, on appeal to the appe...
Views: 10
From an order refusing to grant his motion for an order declaring null and void an earlier order appointing two guardians of his person and a guardian of his estate, Patrick Wall, an alleged incompetent, by and through Emmet Daly, his guardian ad litem, has taken this appeal and has brought up the judgment roll. On April 25, 1939, Stella G. Gentry filed a petition asking the probate court to make ...
Views: 1
This appeal by the former wife of the defendant involves a question of the construction of a declaration of trust, a property settlement agreement and a further question whether these instruments are illegal because of want of a legal consideration or unenforceable because of menace, duress and coercion alleged to have been practiced upon the husband by the wife before their divorce. The c...
Views: 5
Plaintiff sued to quiet title to real property. She joined as defendants her son Amedee B. Johnston, her daughter Susan Carolyn Dodd, and Marie Johnston, the divorced wife of Amedee. The first two defendants filed disclaimers, and Marie Johnston alone contested the action and now appeals from the judgment adverse to her. The controversy relates to a building containing three apartments which the p...
Views: 7
This is an appeal by the plaintiff from an order by the trial court holding that the defendant was not delinquent in payment of alimony to the plaintiff, and ruling that, from a sum theretofore collected by plaintiff as alimony by execution upon the defendant’s salary, there should be deducted sums allowed her as attorney’s fees and costs. Plaintiff was awarded a decree of divorce against the d...
Views: 4
Plaintiff appeals from an adverse judgment in a suit to quiet title. By her amended complaint plaintiff claims to be the owner of and seeks to quiet title to a triangular piece of property used by defendant city for park purposes as a part of Elysian Park. She describes it as “that portion of the Forrester Tract (as per map recorded in Book 78, at page 30 of Miscellaneous Records of Los Angeles Co...
Views: 0
Defendant was convicted at a jury trial on the charge of contributing to the delinquency of a minor. He has appealed from the order denying his motion for a new trial. It is charged in the information that defendant “did willfully and unlawfully allow and assist one Betty Bradrick to remain away from home and hide from her family for a period of several months, by living at the home of said def...
Views: 12
Plaintiff commenced this action to recover damages for injuries which she suffered in attempting to board defendants’ bus. The action was tried before *39 the court sitting without a jury, resulting in a judgment for defendants, from which plaintiff appeals. Defendants’ motor bus was being operated on September 4, 1939, along Hollywood Boulevard in Los Angeles. It stopped at t...
Views: 0
This is an appeal from a judgment quieting plaintiffs’ title to real property in Ventura County. It is a companion case to Rehart v. Klossner, post, p. 46, the opinion in which is this day filed. C. V. Rehart and Flora E. Rehart are the common source of title of the parties. On January 15, 1934, they executed an oil lease with defendant under which he now claims. At the commencement of the trial o...
Views: 1
This is an appeal from a judgment quieting plaintiff’s title to real property in Ventura County. This is a companion case to Rehart et al. v. Klossner, ante, p. 40, the opinion in which is this day filed, but different property is involved. Under date of August 15, 1932, R. L. Rehart and Stella M. Rehart, husband and wife, entered into an oil lease with John D. Young ...
Views: 0
Plaintiff sued to recover general and exemplary damages he claims to have sustained as the result *54of an alleged libel. The demurrer to the complaint was sustained without leave to amend, and from the adverse judgment entered pursuant to the order made in that behalf plaintiff appeals. The grounds of demurrer were that the complaint did not state facts sufficient to constitute a cause of action,...
Views: 7
This is an action for divorce, and at the time plaintiff filed her complaint she also filed an affidavit setting forth her claim of necessity for temporary alimony *74 and for an allowance of counsel fees and costs to enable her to prosecute the action. On this affidavit she obtained an order directing defendant to show cause on August 8, 1939, why such alimony, counsel fees and co...
Views: 3
Action for specific performance of a contract of purchase and sale of real property. The plaintiff went to the home of the defendant, and there, after a conversation between the plaintiff and his wife, and the defendant and his mother, the parties came to an oral agreement of purchase and sale of a small parcel of real property. The purchase price was to be $1,000; $100 down, and monthly paymen...
Views: 4
From a judgment barring plaintiff’s recovery of moneys alleged to have been held in trust for her by defendants, plaintiff appeals. The factual background behind the issues adjudicated is as follows: On the 16th day of May, 1929, one Joseph Porrazzo, husband of appellant, departed this life and appellant, as surviving widow, was appointed administratrix of his estate and as a result of the...
Views: 5
Defendant appeals from judgments convicting him of receiving stolen property and from an order denying his motion for a new trial. The basis of his appeal is that since the evidence proved his guilty participation in the thefts, he could not be guilty of receiving what he had stolen. He was accused of three separate felonies, each of which is receiving property known by him to have been stolen ...
Views: 12
Having been convicted on two counts of the crime of forgery and a new trial having been denied, defendant brings this appeal. Her sole point for reversal is that the verdicts were contrary to law in that the only evidence tending to convict her of the forgeries was the testimony of her two accomplices, Kenneth Henson and Vernon Howey. Henson was 23 years of age when he met appellant. He was at ...
Views: 14
This is an appeal from an order modifying a decree of divorce whereby the custody of the two children *98 of the marriage was changed from that of the mother to that of the father. Plaintiff and defendant were married December 28, 1929. Plaintiff secured an interlocutory decree of divorce on March 29, 1937, in which the custody of the two children was given to her until further order of court...
Views: 5
Appeals are presented on a single bill of exceptions from an order of the probate court denying a motion of appellant to vacate and set aside a decree made and entered on June 1, 1937, determining interests in the above entitled estate; from a decree of partial distribution; and from an order directing and instructing the administrator with the will annexed to pay the inheritance tax on appellant’...
Views: 0
Plaintiff sued to recover certain commissions claimed to have been earned by her assignor as a soliciting agent for the defendant company. By way of a cross-complaint the defendant made Anderson a party. The trial court found that plaintiff was not entitled to recover any of the commissions claimed, that the services were rendered by Anderson, another soliciting agent of the company, and that he ...
Views: 2
In this action for specific performance of an alleged contract for the sale of real property, defendants had judgment and plaintiff appeals. The defendant Marie J. Foss was the owner of the real property in question and the remaining defendants were joined only for the reason that they claimed interests in the real property deraigned through defendant Marie J. Foss after the time of the recording ...
Views: 1
Plaintiff sued in equity upon what is termed a creditor’s bill to adjudge a transfer of real property fraudulent and to impress the property by execution and sale to the discharge of an existing indebtedness. A demurrer to the complaint, both general and special, was sustained without leave to amend. The appeal from the judgment raises the single point: “Did the complaint in this case state a caus...
Views: 1
In the trial court the defendant was charged, by two informations, with the commission of two offenses of grand theft. To each charge he entered a plea of not guilty. For the purpose of the trial the two actions, numbered respectively 32,371 and 32,375, were consolidated and the actions were tried by the court sitting with a jury. The jury returned verdicts finding the defendant guilty on both ch...
Views: 14
This is a petition for a writ of prohibition seeking to prevent the Superior Court of the County of Los Angeles from enforcing the provisions of a temporary injunction pendente lite issued after hearing on an order to *134 show cause by said court in a certain action numbered 460977, instituted by the District Attorney of Los Angeles County on behalf of the people of the State of California a...
Views: 6
This is an action by three brothers, Habib, Jacob and Kameel, to impress a trust upon certain real and personal property standing in the names of their father, Alexander, and another brother, Samuel, based upon an alleged oral agreement made in 1912 between the father and the plaintiffs Habib and Jacob. The claim is made in face of the fact that in August, 1935, the father, the plaintiff brothers...
Views: 1
Plaintiff obtained judgment against her husband, defendant Garcia, for separate maintenance, attorney’s fees and costs. It provided that the payments thereof should be a lien on certain real property superior to the interests of defendants. .Defendant Willis appeals from the portion of the judgment establishing the lien. The record discloses that in April, 1936, defendant Garcia married plaintiff ...
Views: 8
This is an appeal by H. C. Lawton from those portions of a decree of distribution which distributed to Marion L. Swift a part of the estate of said deceased. Francena Ella Tibbetts, deceased, a resident of California, died in this state leaving property herein. She had made a will in this state in 1933 devising and bequeathing one-half of said property to her sister Annie M. Lawton, who was a ...
Views: 13
Appellants were prosecuted under separate informations charging violations of the Corporate Securities Act and a conspiracy to violate the same and to commit grand theft. With their consent, appellants were jointly tried and now appeal from the respective judgments of conviction severally rendered against them, and from the orders denying appellants ’ motions for a new trial. The information agai...
Views: 8
From judgment for plaintiff in an action to cancel an option agreement covering certain property and to quiet title thereto defendant appeals. The evidence shows that plaintiff’s husband died May 31, 1937, and she decided to sell her house and furniture. When *200she returned from work on June 15, 1937, tired, hungry and still suffering from the shock of her husband’s death, she was persuaded to s...
Views: 5
This is an appeal from a judgment for damages suffered by plaintiff, Effie C. Sanker, widow of Rudolph H. Sanker, as a result of the death of Mr. Sanker caused by his being struck by an automobile driven by defendant. *204The sole point urged for a reversal of the judgment is that Mr. Banker, as a matter of law, was guilty of negligence that proximately contributed to his injury and death and that...
Views: 7
This is an appeal from an order releasing money from liens of executions. Plaintiff recovered judgment against defendant for damages suffered by her as a result of the death of her husband which was caused by his being run down by an automobile driven by defendant. Defendant was an employee of the Union Oil Company of California, working for wages of $7.50 per day, sometimes for 19 and someti...
Views: 4
This is an appeal by the contestants of the will of Abagail Stark from a judgment determining that they were not her heirs at law and as a consequence not entitled to maintain their contest against the validity of her will. The vital and only controlling question upon which our decision must turn is whether Abagail Stark was or was not the legitimate or legitimated child of Robert Stark. If she...
Views: 7
This is an appeal by one of the defendants, Perrin Properties, Incorporated, from a judgment foreclosing liens created by a written agreement and reaffirmed by a former consent judgment on 34,000 acres *222of unimproved timber land in Tehama, Trinity and Mendocino Counties, to secure the payment of an acknowledged indebtedness of $350,000, together with five per cent interest thereon from August 1...
Views: 8
This is an action for damages for personal injuries and property damage resulting from a collision between an automobile driven by the plaintiff and a truck driven by one of the defendants and owned by the other defendants. On a first trial a jury returned a verdict in favor of the plaintiff for $7833. A new trial was granted because of conceded errors in the instructions. By stipulation, the caus...
Views: 0
This is an action in equity to enforce specifically a purported contract for the sale of four mining claims located in San Bernardino County. The issues were presented on a cross-complaint filed by Helen E. Lind, appellant herein. A trial was first had on the complaint in this *236 action and after judgment thereon, a trial was had on appellant’s cross-complaint. On the 20th d...
Views: 5
This is an appeal by defendant, as executor of the last will and testament of George Ward, deceased, from a judgment decreeing that plaintiff is the owner of a full paid investment certificate evidencing money on deposit in a building and loan association, and adjudging that defendant has no interest therein. The following is a summary of the facts. On October 24, 1935, George Ward invested $2,...
Views: 7
Plaintiff sued to recover from defendant license fees of $250 and $500 respectively, alleged to have become due from defendant by reason of the issuance to defendant of two beer importer’s licenses under the provisions of the Alcoholic Beverage Control Act of 1935. (Stats. 1935, Chap. 330, Deering’s Gen. Laws, 1937, Act 3796.) Plaintiff had judgment and defendant appeals. *257Shortly after said ac...
Views: 0
This is an appeal from a judgment dismissing the petition for a writ of mandate after demurrer thereto had been sustained without leave to amend. It is alleged in the petition for the writ that Curtis P. Drake was a member of the Volunteer Fire Department of the city of Eureka receiving an annual salary of $1680, payable monthly, and that on the 4th day of February 1938, the chief engineer of the ...
Views: 0
A will of the decedent, John Hettermann, was regularly admitted to probate on petition of the respondent Olga Wunderlich Hettermann. Thereafter a contest of this will was filed by the appellant, Marie Ziegler. The other appellants were made defendants to this contest, but filed an answer in which they admitted the truth of the contesting petition and joined in the prayer for revocation of proba...
Views: 4
This action was brought to enjoin respondent city of Stockton (and its council) from erecting a firehouse upon one of its parks. Findings were filed, disposing of all issues in favor of respondents, and judgment was entered denying an injunction. Plaintiffs appeal from said judgment. As we view it, the only question of any merit arises out of the construction of the deed by which the city acqui...
Views: 9
Plaintiffs brought this action to secure a determination that under the decree of distribution in the estate of Addie J. Mitchell their father James A. Mitchell received only an ordinary life estate in certain real property with remainder to plaintiffs. The plaintiffs are the adult son and daughter of James A. Mitchell, who was married to Addie J. Mitchell at the time of her death. Addie J. Mitch...
Views: 4
Plaintiffs sought declaratory relief and a money judgment against defendant. Defendant filed an answer and a cross-complaint seeking declaratory relief and a money judgment against plaintiffs. The complaint was in five counts. The cross-complaint was in four counts. The cause was tried by the court sitting without a jury and most of the issues were decided in favor of defendant. A judgment was en...
Views: 2
By this proceeding petitioners seek to have set aside a decision and award of the Industrial Accident Commission denying compensation for the death of John R. Ward, seventeen years of age, who was employed as a newsboy at Arcadia, California, on December 11, 1940, and who met with a fatal accident on that day. After a hearing upon the application of petitioners the commission had found in favor of...
Views: 0
Four actions, which were consolidated for trial, were commenced by Los Angeles County Flood Control District, on August 8, 1938, and subsequent dates to acquire by condemnation proceedings lands for the purpose of constructing and maintaining a dam and reservoir for the control and conservation of storm waters. Defendants were the owners of the fee or leasehold interest in the property sought to ...
Views: 6
Plaintiff commenced this action to recover on three cheeks in the principal sum of $2500 each which had been executed by defendant in favor of plaintiff. By cross-complaint defendant sought to rescind the transaction in which the checks were given because of the alleged false and fraudulent representations of plaintiff, and to recover $16,500 paid by defendant to plaintiff as a part of the tran...
Views: 2
Defendants appeal from a decree vacating a default judgment in a previous action. Plaintiff and defendant Húsar were formerly husband and wife. Defendant Biscailuz, as sheriff, is involved only be *327 cause there is a dispute concerning service by one of his deputies of the complaint and summons in the earlier case. The complaint in the instant case alleges that on January 6, 1939, Leonard...
Views: 0
Defendant Warden appeals on the judgment roll from a judgment for plaintiff quieting title to certain real property. The questions requiring consideration on this appeal are whether the amended complaint states facts sufficient to constitute a cause of action and whether the findings support the judgment against defendant Warden. The complaint alleges, in count one, ownership in plaintiff and adve...
Views: 1
This action for damages to property and for personal injuries was tried before the court sitting without a jury. Defendants appeal from a judgment entered in favor of plaintiff in the sum of $747.63 plus costs, and from an order denying their motion for a new trial. The accident occurred on the Pacheco-Concord road, a paved two-lane county highway running east and west, about seven-tenths of a mil...
Views: 1
Plaintiff brought this action seeking declaratory relief against the defendant county of San Mateo. The *338 trial court sustained defendant’s demurrer to the complaint without leave to amend and this appeal followed. A preliminary point raised by defendant should be mentioned. The order sustaining the demurrer without leave to amend was entered on September 23, 1940, but, through inadvertenc...
Views: 18
At about eleven o’clock p. m. on the night of November 18, 1939, the plaintiff was riding in an automobile as the guest of, and being driven by, Mr. Paulsen. The automobile was driven south on Van Ness Avenue and then turned easterly into Pine Street. The defendant John A. Sperry, Jr., was driving north on Van Ness Avenue along *342 the eastern side of said avenue. Mr. Paulsen was driving a Dod...
Views: 6
From an order granting plaintiff’s motion for a new trial, defendants appeal. The action is one for declaratory relief involving obligations relative to an oil lease, and was tried before the court without a jury. The present action is between the same parties and the pleadings raise the same issues as those involved in the case of Bardeen v. Commander Oil Co., this court’s 2nd civil No. 13273, an...
Views: 3
From a judgment in favor of defendant predicated upon the sustaining of a demurrer to the complaint without leave to amend in an action to recover the consideration paid pursuant to the terms of an alleged void contract, plaintiff appeals. The complaint alleges in substance the following: On or about April 27, 1932, plaintiff who since 1895 had been completely paralyzed from his waist...
Views: 5
From a judgment in favor of defendant after trial before the court without a jury in-an action to recover damages for slander, plaintiffs appeal. *353 Viewing the evidence in the light most favorable to defendant (respondent), the essential facts are: June 19, 1940, plaintiffs, who are sisters, filed an action for slander against defendant alleging that on or about June 22, 1...
Views: 12
From a judgment in favor of defendants after trial before the court without a jury in an action to quiet title to a leasehold estate and for an accounting, plaintiff appeals. So far as material here, the essential facts are: August 23, 1938, plaintiff commenced the present action, which is in three counts. The first is a simple cause of action to quiet title to a leasehold. The second is the ...
Views: 14
From a judgment of guilty of robbery in the first degree after trial before a jury, defendant appeals. Viewing the evidence in the light most favorable to the people (respondent), the facts are: On February 15, 1941, at about 11:00 p. m. defendant entered a liquor store at 8876 South Western Avenue, pointed a gun at the proprietor, and said, “This is a stick-up,” whereupon the proprietor went to t...
Views: 0
Appellant was arraigned in the municipal court upon a complaint charging him with having committed the crime of first degree robbery. He was represented by counsel, pleaded guilty to the charge, and in conformity with the provisions of section 8 of article I of the state Constitution and section 859a of the Penal Code the proceeding was certified to the superior court. On December 29, 1937, his c...
Views: 11
The plaintiff and defendant entered into an oral contract of copartnership, for the purpose of conducting an insurance brokerage business in Los Angeles. This partnership began August 1, 1934, and continued until October 6, 1938. An audit and accounting of the affairs of the partnership disclosed that the defendant was indebted to the plaintiff in the sum of $9,783.53, whereupon the partnership...
Views: 2
Appeal from a judgment against the plaintiff after demurrer to complaint was sustained without leave to amend. The complaint alleges that the plaintiff’s assignor rendered services to the defendants of the reasonable value of $3527 in re-financing and refunding of numerous claims against, and indebtedness of, the defendants; in securing reduction, compromise and satisfaction of claims, judgment...
Views: 6
This is an appeal from a judgment rendered by the Superior Court of Los Angeles County, after sustaining a demurrer to the complaint, without leave to amend. Therefore, we are required to analyze the complaint to ascertain if it does or does not state a cause of action. The complaint alleges that the plaintiff in 1924 bought certain lots in a recorded tract in the city of Los Angeles from one...
Views: 1
These two cases wpre brought by the appellants, all four of whom were joint tenants-of certain real and personal property, to recover, in the one case, the possession of the property, together with damages for its detention by respondent Collins, and, in the other case, to enjoin the trustee from selling the property, under a trust deed of which said respondent was the beneficiary. The tri...
Views: 3
Defendant was found guilty of forgery after trial before the court without a jury. From orders (1) granting him probation and (2) denying his motion for a new trial he appeals. Viewing the evidence in the light most favorable to the people (respondent), the essential facts are: Defendant, who is known as Harry Lieb or Harry Kauffman, went to the main office of the Bank of America National Trust an...
Views: 3
This action was brought to cancel a deed of trust and promissory note, and to quiet title to a certain parcel of real property in the city of Sacramento, upon the ground that the signature of plaintiff, appearing upon said instruments, was a forgery. The answer of defendants sets up laches and estoppel as defenses. Upon a trial by the court, .findings were entered in favor of defendants upon al...
Views: 5
Appellant appeals from an order giving her former husband, respondent, the custody of the six year old daughter of the parties. A final decree of divorce granted the custody of said' minor to appellant. Thereafter, charging that appellant was not a fit and proper person to have the custody of the child, respondent procured an order to show cause why said decree should not be modified to the ext...
Views: 11
Plaintiff, after her claim therefor had been rejected, brought this action against defendant as administrator with the will annexed of the estate of Manley B. Haskell to recover the sum of $22,770, alleged to be the reasonable value of services rendered by plaintiff to the deceased at his special instance and request. It is alleged in the complaint that the services described therein “were ren ...
Views: 18
The main question presented by this appeal of plaintiff is whether an easement of ingress and egress, created by reservation in a grant deed, has been abandoned by acts of the present owner of the dominant tenement; and if not, whether the present owner of the servient tenement is entitled (3) to a permanent injunction restraining any trespass upon her property beyond the strict limits of the eas...
Views: 3
The defendant was convicted of murder of the second degree. On motion for a new trial, *423the judge being doubtful of the sufficiency of the proof of malice, reduced the crime to that of manslaughter, and thereupon denied the motion. The defendant was sentenced to imprisonment in the state prison for the term prescribed for manslaughter. From that judgment this appeal was perfected. It is contend...
Views: 5
On a former appeal this case was presented for consideration of the pleadings and the controversy arising therefrom. (Bourdieu v. Seaboard Oil Corp., 38 Cal. App. (2d) 11 [100 Pac. (2d) 528].) The nature of the action is there fully set forth. As will be noticed, appellant is the owner of the surface rights to section 30, township 21, south range 17 east, M. D. B. & M., Fresno County, in the North...
Views: 17
This is an appeal from an order refusing to grant a temporary injunction. The order to show cause why a temporary injunction should not issue was heard on the verified complaint and certain affidavits. The plaintiffs are members of three separate unincorporated labor unions of Santa Clara County suing in a representative capacity. The defendants, other than American Federation of Labor, are off...
Views: 11
Plaintiff, who is a duly licensed attorney at law, brought this action to recover fees for legal services performed by him for defendant. From a judgment in plaintiff's favor, defendant appeals. At the trial it appeared that plaintiff, in addition to performing legal services for defendant, had received considerable sums of money from defendant, and from others for his benefit, and had paid other ...
Views: 0
This is an action to foreclose a mortgage. The complaint was filed on May 8, 1930. On April 12, 1932, the defendants filed the following answer: “Now come defendants Andrew A. Gibson, Ruth B. Gibson and Emma G. Trebilcot, and for answer to plaintiff’s complaint on file herein admit each, every and all of the allegations in said complaint contained. Wherefore, having fully answered said complain...
Views: 12
This is an appeal from orders entered in a quiet title action. A prior attempt to review most of these orders through certiorari proceedings failed because the orders were appealable. (Young v. Superior Court, 16 Cal. (2d) 211 [105 Pac. (2d) 363].) The defendant bank recovered a judgment against Thomas N. Crofton and levied execution on the real property in question which Crofton had prev...
Views: 8
Appellant was found guilty and convicted of the crime of violation of section 337a, subdivision 2, of the Penal Code, a felony, upon an information charging him with having kept and occupied a drug store and building in the city of Los Angeles with books, papers, apparatus, devices and paraphernalia for the purpose of recording and registering bets on horse races, and for the purpose of selling po...
Views: 16
This appeal by the contestant, the sole heir at law of decedent Ethel Sherwood Bucher, opposing the probate of her will, presents the single question whether there was any substantial evidence upon which a verdict for the contestant might properly be found. By its verdict the jury specially found that the will was procured by the undue influence of Dr. Morris Melnik, the proponent and sole bene...
Views: 3
This is an appeal from a judgment in favor of plaintiff. A previous judgment for plaintiff was reversed for lack of evidence to support it in Chard v. O’Connell, 7 Cal. (2d) 663 [62 Pac. (2d) 369], The basic facts are fully stated in the opinion of the Supreme Court on the former appeal and we deem it unnecessary to extend this opinion by again reciting them. Two matters presented on this a...
Views: 8
The defendants, Hugh Scott and The Pullman Company, appeal from a judgment in favor of plaintiff Tracy C. Hicks, in a suit for personal injuries. In his complaint said plaintiff alleges that he was a passenger for hire on a car of defendant, The Pullman Company, and that after he had retired to his berth for the night the defendant Scott attacked him and with force and violence pulled him from hi...
Views: 5
Defendants appeal from judgment for plaintiff in suit to remove restrictions on certain real property. Plaintiff brought this action for declaratory relief and to quiet title to lot 162, tract 3912, located on the southwest corner of Wilshire Boulevard and Tremaine Street in the city of Los Angeles. In February, 1921, the corporation defendant, as owner of the real property known as tract ...
Views: 2
Defendant was accused by information of two felonies, attempted grand theft (count I) and assault by means of force likely to produce great bodily injury (count II). Tried by the court without a jury, he was acquitted of the first count but was found guilty as charged in the second. His application for probation having been denied, he was sentenced to the state prison for the term prescribed by l...
Views: 15
This is a contested action for divorce on the ground of extreme cruelty. At the conclusion of the plaintiff’s case a motion for a nonsuit was granted and a *501 judgment entered against the plaintiff, from which he has appealed. The appellant, who is a druggist, and the respondent, who was a graduate nurse, were married on June 18, 1938. Shortly before their marriage each submitted to a prema...
Views: 9
Defendants were jointly charged in an information containing five counts with violating subdivisions 2, 3, 4, 5, and 6 of section 337a of the Penal Code. Upon a trial by jury defendants Haughey and Whelan were found guilty of violating subdivisions 2, 3, 4, and 5 of the code section and not guilty of a violation of subdivision 6; defendant Wittmayer was found guilty of violating subdivisions 2,...
Views: 2
In an information filed against them, appellants were each charged in the first count thereof with burglary, and in the second count with attempted burglary. Both appellants first entered pleas of not guilty as to the charges, but later changed their pleas to guilty as to the charge of burglary contained in the first count; and judgment was accordingly pronounced thereon. The second count of the i...
Views: 1
Plaintiff appeals from an adverse judgment in a suit to compel specific performance of a contract to make a will and to impress a trust upon the estate of decedent, Mrs. Alice Bauer. Judgment was entered following order granting motion for judgment on the pleadings and on a portion of the opening statement. Plaintiff was denied leave to file an amended complaint. The record discloses that plain...
Views: 5
This is an appeal by defendants from a judgment in favor of plaintiff in an action brought to set aside two judgments entered in a prior action. Plaintiff had previously made a motion in the prior action to set aside said judgments which motion was denied. The order denying said motion was affirmed on appeal. (Antonsen v. San Francisco Container Co., 20 Cal. App. (2d) 214 [66 Pac. (2d) 716].) The...
Views: 16
This is an appeal from an order made by the trial court on the 30th day of July, 1940, directing the refund to Hartford Accident & Indemnity Company of the sum of $1000.85 and to Brita Lindblom and Alof Henry Lindblom of the sum of $125, alleged to be inheritance taxes erroneously collected. The controversy arose out of the following facts. Erik Olof Lindblom died testate on September 23, 1928, be...
Views: 1
The plaintiff sued in equity, pleading three causes of action—one for damages for fraud in the inception of a contract, one charging a breach of trust, and one asking that his title to an individual one-half interest in real property be quieted. The case is founded upon an oral contract whereby the parties agreed to purchase certain real property for the sum of $2500 to repair and renovate the ...
Views: 0
On May 22, 1940, under a conditional sales contract, James W. McAlister, Inc., sold John Gamble a Chrysler Windsor Convertible coupé, the car in suit. The vendor assigned its contract to Pacific Finance Corporation. On August 17, 1940, the plaintiff commenced this action to forfeit said car. The plaintiff named the car as defendant. John Gamble was served with notice and appeared and answered. ...
Views: 3
This is an appeal from the order denying a new trial and from the judgment of conviction, after a verdict of guilty of rape. The victim was a young married woman eighteen years of age. Appellant had called at the home of the prosecutrix about 9:30 a. m. on May 20, 1941. Her husband had departed for his work at an early hour and she had lain down for additional repose. She opened the door at the...
Views: 10
Plaintiffs appeal from a judgment after verdict in an action for damages for personal injuries to a minor. The complaint alleges that Sharon Stroud, six years of age, while walking across Magnolia Avenue near its intersection with 20th Street, in the city of Long Beach, was run down by an Oldsmobile driven by Donald with the consent of his father, Harold T. Hansen. Serious bodily injuries ...
Views: 14
Appellant and his co-defendant Florence George were jointly charged by an information with a violation of section 11036 of the Health and Safety Code of California, to-wit: possession of opium, a felony. A jury trial was waived; appellant offered no evidence and the cause was submitted to the trial court upon the transcript of the preliminary hearing. The charge against defendant George was dismis...
Views: 16
From a judgment in favor of plaintiffs after trial before the court without a jury in an action to recover damages for injury to real property from the diversion of waters from a natural stream, defendant city of Santa Barbara appeals. The evidence being viewed in the light most favorable to plaintiff (respondent), the essential facts are: Plaintiffs are the owners of a store building and fur...
Views: 5
From a judgment in favor of plaintiff after trial by jury in an action to recover damages for conversion of an automobile, defendant General Motors Acceptance Corp. appeals. The evidence being viewed in the light most favorable to plaintiff (respondent) the essential facts are: April 12, 1940, plaintiff was employed by a Mr. Clifford T. Nutt, a Buiek automobile dealer, as a salesman. Plaintiff ent...
Views: 5
From a judgment in favor of plaintiff after the sustaining by the trial court of a demurrer to defendant C. C. Foster’s amended answer without leave to amend in an action for specific performance of a contract to sell real property or damages in lieu thereof, defendant C. C. Foster appeals. The essential facts are as follows: Among other paragraphs of plaintiff’s complaint, it alleged the followin...
Views: 2
This case began as a proceeding to dissolve a partnership alleged to have existed between plaintiff Sbarbaro and the defendant Alfiso Rosa. The other parties defendant were included by reason of their alleged claims in or to certain partnership assets. An accounting was asked. Issues were joined by the various parties and the ease came on regularly for trial. The court below determined first th...
Views: 2
On the 3rd day of April, 1941, appellants gave and filed a notice of appeal from: “1. That certain order discharging respondents from peremptory writ of mandate, made and entered herein on the 10th day of March, 1941, and from the whole of said order; and “2. That certain amendment to judgment, and judgment, entered herein against petitioners and in favor of respondents on the 24th day of March, 1...
Views: 1
I dissent from the majority opinion herein. By its special verdict in this case the jury found that the defendant was not negligent in the parking of his tow car, and a general verdict was expressly waived and judgment entered in favor of defendant. The motion for a new trial was granted solely because of the failure to give said Instruction No. 7, and the question here is, as stated by appellant ...
Views: 0
This is an appeal from a judgment of the Superior Court of San Diego County denying probate to a will of Allan Bradford Monks, deceased, dated August 4, 1928, and admitting to probate an earlier will of said deceased dated September 22, 1913. The issues, insofar as presented here, arise by virtue of the trial court’s determination first, that Monks in 1913 exe *606 euted in th...
Views: 4
This is an appeal by defendant from a judgment of the Superior Court of San Diego County decreeing that defendant has no valid or enforceable claim against Allan Bradford Monks, deceased, or against the assets of his estate, or against plaintiff as special administrator of the Monks estate, either by reason of certain instruments executed by decedent in his lifetime or by reason of any alleged ...
Views: 6
Plaintiff brought this action for declaratory relief and to declare a trust in his favor in the assets of the Webb Products Company. Defendants had judgment and this appeal followed. The controversy has been here before (see Papenfus v. Webb Products Co., Inc., 24 Cal. App. (2d) 559 [75 Pac. (2d) 631]) in another case in which different issues were presented. Referenc...
Views: 3
Plaintiffs, as executors of the last will of Emile Haden, deceased, brought this action against defendant, the widow of said deceased, seeking to quiet title to certain real and personal property and to obtain an accounting with respect to such of the property as had been disposed of by defendant. The cause was tried by the court sitting without a jury and, at the close of plaintiffs’ case, the...
Views: 14
Upon notice duly given, appellant on November 24, 1941, moved this court for an order for diminution of the record to the end that a transcript of the proceedings of his preliminary hearing be certified and made a part of the record on appeal. It appears from the record herein that appellant made his motion to the trial court for a dismissal of the cause under section 995 of the Penal Code, upon ...
Views: 5
May 17, 1937, plaintiff filed an action for declaratory relief in the superior court. September 2, 1937, Andre Witier was permitted to file a complaint in interven *647 tion. June 29, 1939, judgment was rendered in favor of the plaintiff in intervention against plaintiff Bloom and others. Plaintiff urges that the judgment should be reversed for the reason that the plaintiff in inte...
Views: 3
Prom a judgment in favor of plaintiff after trial before the court without a jury in an action to recover damages for personal injuries, defendant appeals. The evidence being viewed in the light most favorable to plaintiff (respondent), the essential facts are: On November 26, 1938, plaintiff was employed as “floor lady” in defendant’s laundry. She had been working for defendant for seven or ...
Views: 1
From an order modifying the provisions of a restraining order issued against defendant John C. Brouwer, which prohibited him from disposing of his property, plaintiff’s assignee appeals. So far as material here these are the essential facts: September 30, 1940, the trial court entered an order substantially prohibiting defendant Brouwer from disposing of his property other than in transacting his ...
Views: 0
From a judgment in favor of defendants after trial before the court without a jury on a creditor’s bill filed by plaintiff against defendants, predicated upon a judgment that plaintiff had secured against the Big Ben Oil Company, plaintiff appeals. Viewing the evidence in the light most favorable to defendants (respondents), the essential facts are these: Two days before the day set for trial...
Views: 7
Plaintiff brought an action for declaratory relief, seeking interpretation and cancellation of two agreements and six promissory notes executed pursuant thereto. The agreements related to certain equipment, including a refrigerator trailer and a tractor, sold by defendant Glaser to plaintiff. Defendant Glaser filed a cross-complaint asking for judgment for the balance due on the notes, and recover...
Views: 1
Prom a judgment in favor of plaintiff after trial before the court without a jury in an action to recover damages resulting from personal injuries, defendant Al Robbins appeals. The evidence being viewed in the light most favorable to plaintiff (respondent), the essential facts are these: March 18, 1940, plaintiff parked his automobile in a service station operated by Sidney Smilo, wh...
Views: 4
From judgments of guilty on two counts of forcible rape after trial before the court without a jury, defendant appeals. There are also appeals from the orders denying his motions for a new trial. Viewing the evidence in the light most favorable to the People (respondent), the essential facts are: Between ten and eleven p. m., January 21, 1941, Miss D-, age sixteen, was wallring along a street in t...
Views: 0
From orders denying defendant's motions for new trials after verdicts of guilty on two counts of manslaughter, defendant appeals. The ease was tried before a jury and defendant was placed upon probation, no judgments of conviction being entered, but an order suspending proceedings pending the term of probation was made by the trial judge. From this order defendant also attempts to appeal. Vie...
Views: 18
This is an appeal from a judgment which modified a decree of divorce rendered by the Superior Court of Los Angeles County, in the case of Samuel William Hodgdon v. Marie Pauline Hodgdon, insofar as that decree determined the paternity of Aileen La Mae Hodgdon, the minor plaintiff here. At the time of the trial of this action in the court below, Aileen was a little less than fourteen years of age. ...
Views: 1
This is an appeal by plaintiff and cross-defendant from certain portions of an interlocutory judgment of divorce. Plaintiff instituted the action alleging, so far as pertinent to this appeal, that certain property was the community property of the parties, but not including in the statement the interest in real estate hereinafter referred to. He further prayed for custody of the two minor chil ...
Views: 3
Petitioner seeks to be discharged from the custody of the chief of police of the city of Oakland, by whom she is imprisoned in the city jail pursuant to a commitment issued by the police court (department one) of said city. It appears from the record that on December 31, 1940, *681 after having entered a plea of guilty to a charge of misdemeanor, she was sentenced to 100 days imprisonment in ...
Views: 10
The two petitioners sought a writ of mandate to effect their retirement under the Police Pension Act. The demurrer was sustained without leave to amend. The petitioners are both constables who have served as such in separate townships of San Mateo County for more than thirty years. The respondents are the three public officials of the county designated by the act of March 4, 1889 *683(DBering’s Ge...
Views: 3
This is an action to establish a trust in real property and for a reconveyance thereof, as well as for an accounting of rents collected therefrom. At the conclusion of trial before the court sitting without a jury, judgment was rendered in favor of defendants. This appeal is taken from such judgment on the ground that there is an utter lack of evidence to support it. An examination of the recor...
Views: 1
Appellant was found guilty by a jury of violations of section 11160 of the Health and Safety Code, as charged in an information containing two counts, to-wit: (1) of selling, furnishing or giving away marihuana on or about February 27, 1941; (2) a similar offense committed at a later date. This appeal is taken from the judgment of conviction, from the order denying application for probation and f...
Views: 20
Plaintiff appeals from a judgment in favor of defendant in an action to set aside a gift deed made by Patrick Cahill about ten months prior to his death and recorded five weeks after he died. The action was brought under the authority of Civil Code sections 3439 and 3442, which are now merged in the Uniform Fraudulent Conveyance Act (Stats. 1939, Chap. 329). Section 3439 declared void as a...
Views: 1
This is an appeal by the surviving wife of the decedent testator from a judgment refusing to cancel her written “waiver and election,” which she signed in her husband’s lifetime, to take under his will. The instrument, in question, not only authorized the husband to dispose of his separate property but the community property as well, with an election on the wife’s part to take in accordance with t...
Views: 0
The appellant here is the incompetent person above named, and she appeals from the order appointing a guardian for her estate. In support of her appeal she presents but two contentions. The first is that at the time first fixed for hearing of the petition on which the guardian was appointed she did not appear in court nor was any physician’s certificate of her inability to appear presented, and th...
Views: 0
The appellant filed a petition for letters of administration on the estate of George W. Woodcock, deceased, claiming to be the nominee of his “surviving widow” Nellie E. Woodcock and filed therewith a document purporting to be signed by her renouncing her right to letters and nominating appellant as administrator. Thereafter respondent filed a petition for letters of administration on the same est...
Views: 2
An appeal from a judgment denying petitioner a writ of mandate entered following the sustaining of respondents’ general demurrer without leave to amend. The writ is sought to compel respondent board of education and the individual members thereof, its secretary and the superintendent of public schools of the San Francisco Unified School District to permit the use, as a civic center, of an audit...
Views: 8
Plaintiffs appeal from a minute order and a written order granting defendant’s motion to set aside a default and default judgment. Plaintiffs, beneficiaries of an express trust, filed a complaint on October 31, 1940, to enforce the trust and to recover damages from the trustee for her alleged misconduct. The summons was served on November 4, 1940. Defendant subsequently procured three orde...
Views: 12
Plaintiff brought suit for divorce against his wife. She filed a cross-complaint for separate maintenance. The divorce was denied and defendant was awarded $125 per month separate maintenance. Plaintiff appeals on two grounds: (1) That the trial court did not make a finding that plaintiff has the ability to pay the amount ordered; (2) that it was error to exclude testimony concerning an arrest of ...
Views: 1
In this action for declaratory relief the plaintiffs, who under civil service rules are classified as “journeymen linemen” and are employed by the Department of Water and Power of the City of Los Angeles, allege in their complaint that they are entitled to receive the same pay, i. e., $225 per month, as is paid to those journeymen linemen whom the department designates and details as “troubleme...
Views: 24
The plaintiff has appealed from a judgment rendered against him in a suit to enjoin the defendants from soliciting sales and marketing certain gasoline pump “globe signs,” and “counter-signs,” manufactured by the defendants under contract for the plaintiff. The complaint also demanded an accounting. The cross-complaint charged plaintiff with a breach of contract, and affirmatively asked for $35...
Views: 6
The plaintiff was awarded an interlocutory decree of divorce on the grounds of extreme cruelty and adultery. It was adjudged that the community property of the spouses should be divided equally between them. From that portion of the decree which determined that certain-described stocks and securities belong to the defendant as his separate property, and from that portion which limited the award...
Views: 13
The defendant has appealed from that portion of a decree of divorce which awards one-half of the community property to the plaintiff. She was granted a divorce on the grounds of extreme cruelty and adultery. That portion of the decree is not challenged. The appellant contends there is no community property subject to distribution for the reason that the overhead expenses of conducting defendant’s ...
Views: 5
The defendant has appealed from an order allowing plaintiff alimony pendente lite and anticipated costs on three appeals from an interlocutory decree of divorce which was rendered in her favor on the grounds of adultery and extreme cruelty. The appellant contends that the court abused its discretion in allowing plaintiff $200 per month as alimony pendente lite, and $576.50 as costs for the three a...
Views: 5
The defendant was charged in count 1 of the information herein with the crime of assault by means of force *793 likely to produce great bodily injury; in count 2 with the offense of forcible rape; while count 3 alleged a violation of section 288a of the Penal Code. Upon the trial thereof the jury found him guilty as charged in each of said counts. From the judgments of conviction a...
Views: 11
The respondent, after due notice, has regularly moved to dismiss this appeal. Nothing has been filed in this court except the papers in connection with this motion. It appears from the clerk’s certificate that the action was one for a money judgment and that judgment was entered in favor of the defendants on May 19, 1941; that notice of appeal was filed on July 19, 1941; that no request for the pr...
Views: 5
The defendants were charged with the crime of assault with a deadly weapon and, in a second count, with robbery. A jury found the defendant Sudduth guilty under both counts and found the defendant Naylor guilty of a simple assault upon the first count and not guilty under the second count. The defendant Naylor was sentenced to six months’ imprisonment in the county jail and no notice of appeal was...
Views: 0
October 8, 1941, the transcripts on appeal were filed in this court. Thereafter, the time for filing briefs having elapsed, an order to show cause why the appeal should not be dismissed for want of prosecution was issued, returnable November 26, 1941. On the latter date there was no appearance on behalf of appellants, either by brief or otherwise. Therefore, pursuant to the provisions of section 1...
Views: 1
The clerk’s and reporter’s transcripts were filed in this court on June 10, 1941. Nothing further has been filed in this court except the papers in connection with this motion. On November 15, 1941, the respondent filed a notice of motion to dismiss the appeal on the ground that no printed points and authorities had been filed within thirty days as required by rule I, section 4, of the Rules for t...
Views: 0
45 Cal. App. 2d 1 (1941) DORIS ELSON, Plaintiff, v. Mrs. JAMES NYHAN et al., Respondents; WALLACE T. FLETTER, Appellant. Civ. No. 11510. California Court of Appeals. First Dist., Div. One. May 22, 1941. Ackerman, Wayland & Mathews and Lloyd S. Ackerman for Appellant. O'Connor, Neubarth & Moran and Harold H. Cohn for Respondents. WARD, J. This is an appeal from two orders; one disch...
Views: 2
The above-entitled actions were consolidated for trial. The Noce case is a petition for a writ of mandamus by an employee in the Bureau of Printing of the State of California, who has acquired the status of a permanent pressman in the classification of “Platen Pressmen”. His application for the writ is made under the provisions of section 157 of the Civil Service Act (Stats. 1937, p. 2085, 1 Deeri...
Views: 12
It appears from a bill of exceptions settled and allowed by the trial court that on June 15, 1939, plaintiff Edward A. Juneau filed his complaint for divorce. Summons was duly issued. On June 21, 1939, an order for publication of summons was signed. Service by publication was duly made. A copy of the complaint was mailed to appellant Bertha G. Juneau at her last known residence in Detroit, Michig...
Views: 2
Plaintiff and respondent brought this action to recover $337.32 from defendant and appellant on two counts, one based on money had and received, and the other based on a liability for prior endorsement of a check. The material allegations of the complaint were denied. The case went to trial on these issues with no affirmative defenses al *19 leged. Findings of fact consistent with ...
Views: 3
Petition for a writ of prohibition. The question presented is whether, as a matter of public policy, and independent of statute, a nonresident officer of the armed forces of United States who is temporarily in this state on official business is exempt from process in a civil action brought by his divorced wife to recover from the officer money alleged to be due under a written contract for...
Views: 7
45 Cal. App. 2d 31 (1941) LEWIS V. GARCIA, Petitioner, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY et al., Respondents. Civ. No. 2655. California Court of Appeals. Fourth Dist. May 26, 1941. Louis J. Euler for Petitioner. Jerome B. Kavanaugh, District Attorney, and Donald S. Gillespie, Deputy District Attorney, for Respondents. MARKS, J. This is a proceeding in mandamus instituted in th...
Views: 4
Defendant appeals from a judgment in favor of plaintiff in an action to quiet title to real property. On July 1, 1925, plaintiff who owned a large subdivision of property entered into a written contract for the sale of a parcel of the property to defendant for $7,253.67; the contract acknowledged receipt of a $5,000 down payment which was made by defendant’s release of a claim for a legal fee; the...
Views: 1
In an appeal from an order made after final judgment in an action for specific performance the single question presented is whether, after a decree has become final and has been affirmed on appeal, the trial court *43has power and jurisdiction to modify it by adding conditions to those contained in the decree which the plaintiff is required to fulfill before the specific performance theretofore or...
Views: 15
Two appeals are involved in the instant case, one being an appeal by the defendant from a decree quieting title in the plaintiffs to certain described property, the other being an appeal by the plaintiffs from a portion of the decree which excepted from its operation property *49 which had been set aside to the defendant as a homestead in a probate proceeding. The complaint is framed as one to ...
Views: 13
Plaintiffs in an action for “malicious attachment ’ ’ appeal from a judgment adverse to them entered after trial before the court without a jury, and from an order denying their motion to vacate the judgment and enter a judgment for plaintiffs under section 663 of the Code of Civil Procedure. For a more extended statement of the facts in /olved, reference may be had to the opinion of this court...
Views: 2
45 Cal. App. 2d 64 (1941) CHARLES ROTHSTEIN et al., Appellants, v. JANSS INVESTMENT CORPORATION (a Corporation) et al., Respondents. Civ. No. 12311. California Court of Appeals. Second Dist., Div. One. May 27, 1941. L. G. Shelton for Appellants. Gibson, Dunn & Crutcher and Keith Bullitt for Respondents. DORAN, Acting P. J. Plaintiffs appeal from a judgment in favor of defendants in an ...
Views: 18
45 Cal.App.2d 74 (1941) JAMES S. HURWIT, Respondent, v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (a Corporation), Appellant. Civ. No. 12825. California Court of Appeals. Second Dist., Div. Two. May 28, 1941. Walker, Adams, Duque & Smith, Henry Duque and Mark E. True for Appellant. Pacht, Pelton, Warne & Black for Respondent. WOOD, J. Plaintiff commenced this action to recover fo...
Views: 11
By an amended indictment defendants were charged in count I with a conspiracy to violate sections 245, 375, subdivision (4) and 518 of the Penal Code, and in counts VI to X inclusive with five separate violations of section 375, subdivision (4) of the Penal Code. Counts II, III, IV and V, which charged the commission of other offenses, were dismissed. The trial, which lasted more than three months...
Views: 1
These actions were filed separately, but consolidated for trial and on appeal. In one, plaintiff seeks to recover the sum of $398,756.91, which amount was paid to the City of Los Angeles as taxes under an assessment levied by the State Board of Equalization. In the second, plaintiff seeks to recover, under a similar action, the sum of $909,-039.49 against the County of Los...
Views: 15
The defendant, Guy Thomas, appeals from a conviction of robbery. He was accused jointly with Edward Perona and John Carston by a complaint filed in the justice’s court with having robbed William L. Douthett. Perona and Carston were held to answer on October 11, 1940, and an information filed against them in the superior court. Thomas, having been arrested later, was held to answer on October 14, ...
Views: 24
This is an appeal from an order made pursuant to the provisions of section 685 of the Code of Civil Procedure, granting leave to enforce a money judgment against the estate of the deceased judgment debtor by the presentation of a claim against his estate and by bringing an action thereon if the claim is rejected. That portion of section 685 upon which the order was based reads: “In all ca...
Views: 9
This is an action for the recovery of rental claimed to be due for the use of real property. The trial court gave judgment for plaintiff, and each side appealed, the defendant contending that it is not liable, in any amount, and plaintiff complaining that the amount of the rental awarded *143 is inadequate. By stipulation the appeals were consolidated and are presented in one recor...
Views: 11
Here plaintiff, an attorney, obtained a judgment against William Harrah in the sum of $1,000 for professional services rendered. From this judgment the defendant appeals, as well as from the order of the court denying his motion for a new trial. Such an order is not appealable (Code Civ. Proc., sec. 963), and we shall consider therefore the merits of the appeal from the judgment. It is claimed th...
Views: 0
Plaintiff appeals from an unfavorable judgment after an order was entered sustaining a demurrer without leave to amend his complaint under a contract to pay a foreign judgment at a subsequent date in return for a present forbearance. February 21, 1933, a final judgment was entered in favor of plaintiff against defendants Charles A. and George K. Thompson by the Superior Court of the' State...
Views: 5
Defendant appeals from an order denying his motion for á new trial and from the judgment of conviction. He was accused by information with violations of section 337a of the Penal Code as follows: Count I for violation of subdivision 1; count II for violation of subdivision 2; count III for violation of subdivision 6. Trial by jury was waived. He was found not guilty on counts I and III but he was...
Views: 19
45 Cal. App. 2d 174 (1941) ROY WASHAM, Respondent, v. PEERLESS AUTOMATIC STAPLE MACHINE COMPANY (a Corporation) et al., Appellants. Civ. No. 12999. California Court of Appeals. Second Dist., Div. Two. June 3, 1941. Cecil A. Borden for Appellants. Betts & Garrison for Respondent. MOORE, P. J. Defendants appeal from a judgment which awarded plaintiff the sum of $1173 as damages suffered ...
Views: 24
45 Cal. App. 2d 179 (1941) BESSIE L. CATHCART, Appellant, v. A. GREGORY et al., Respondents. Civ. No. 2493. California Court of Appeals. Fourth Dist. June 3, 1941. Guthrie & Curtis for Appellant. King & King for Respondents. MARKS, J. This is an appeal from a judgment entered on a stipulation of counsel for the respective parties made in open court in the presence of their clients ...
Views: 6
This is an action to set aside certain allegedly fraudulent transfers of property. In 1931, the defendant Herman Michel owned some 780 shares of stock in the Marine Bank of Santa Monica. He was then 56 years of age, was president of the Marine Bank, president of the Santa Monica Dairy Co., an officer of the Imperial Ice Co., and was mayor of the city of Santa Monica. He also owned certain other...
Views: 3
From a judgment of guilty of manslaughter after trial before a jury defendant appeals. There is also an appeal from the order denying his motion for a new trial. The evidence being viewed most favorably to the people (respondent), the essential facts are: July 20, 1940, Charles M. Andreason was employed at Riley's Pool Hall in Bell, California. His duties included, among others, tending bar and ma...
Views: 1
From judgments of (1) guilty of a conspiracy to violate section 337a of the Penal Code; (2) guilty of five counts of violating subsection 1, section 337a of the Penal Code; and (3) guilty on eleven counts of violating subsection 2, section 337a of the Penal Code, defendants appeal. There are also appeals from orders denying their motions for a new trial. ■ The evidence being viewed most favorably ...
Views: 0
From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover a sum due upon a mutual, open, and current account, defendants appeal. The evidence being viewed most favorably to plaintiff (respondent), the essential facts are: Plaintiff had been employed by the Valley Dairy Company in Los Angeles for a number of years at a salary of $275 per month. Defend...
Views: 3
45 Cal. App. 2d 212 (1941) PEARL B. SMITH, Respondent, v. DALTON L. SMITH, Appellant. Civ. No. 12821. California Court of Appeals. Second Dist., Div. Two. June 4, 1941. Earl S. Patterson for Appellant. Joseph Schecter for Respondent. McCOMB, J. From a purported order denying a motion to quash a purported order authorizing the issuance of a writ of execution upon an alimony judgment after m...
Views: 3
Plaintiffs appeal from a judgment in favor of respondent after the sustaining of a general demurrer to plaintiffs’ complaint as amended, without leave to amend further. The action is one brought upon a policy of title insurance to recover a sum of money expended by appellants in the extinguishment of a certain tax lien. Upon this appeal from a judgment after demurrer the truth of the facts...
Views: 3
This is an application by the appellants for a writ of supersedeas to restrain the enforcement of a judgment of the superior court enjoining said appellants from serving intoxicating liquors without meals at a cafe and lunch counter maintained by them, and further ordering the summary abatement of such business should appellants fail to observe the requirements of such injunction. The proceeding b...
Views: 0
Defendant was accused by information of the crime of murder in that on or about February 9, 1940, he murdered one Walter Peniger. A jury found him guilty of manslaughter and he has appealed from the judgment of conviction. Defendant contends that the evidence establishes that the killing was done in self defense and that it is insufficient to sustain the verdict of guilty of manslaughter. At about...
Views: 5
Defendants were accused by information of the violation of section 337a, subdivision 2, of the Penal Code, in that they kept and occupied a “flat building” with paraphernalia for the purpose of recording wagers on horse races. They were convicted by the court sitting without a jury and have appealed from the judgment of conviction. The main contention of defendants is that the evidence is insuf...
Views: 21
This was an application for a writ of mandate directing the defendants to place the petitioner upon the pension roll of the city of Fresno and to pay to him a pension in accordance with an ordinance of that city. After answer filed a motion for judgment on the pleadings was granted and a judgment entered directing the issuance of a peremptory writ, from which judgment the defendants have appealed....
Views: 0
Plaintiff appeals from a judgment dismissing the action herein after a demurrer to plaintiff’s second *244 amended complaint was sustained without leave to amend further. The material allegations of the complaint in question are as follows: “That on or about the 31st day of January, 1939, the plaintiff was the owner of a lease on and in possession of, the premises known as 7908 South Vermon...
Views: 11
45 Cal. App. 2d 246 (1941) ARTHUR C. VAUGHAN et al., Respondents, v. MINNIE ROBERTS et al., Appellants. Civ. No. 6584. California Court of Appeals. Third Dist. June 9, 1941. Paul M. Joseph for Appellants. Arthur C. Vaughan, in pro. per., and W. W. Comstock for Respondents. THOMPSON, J. The defendants Minnie Roberts and L. B. Miller, as trustee, have appealed from a judgment cancelling a tr...
Views: 11
This action was brought to recover upon a promissory note. Judgment went in favor of plaintiff, and against defendant and appellant. On February 8, 1927, Francis Lackner loaned appellant the sum of $3,000. No evidence of said indebtedness was given at the time. On February 28th of the same year, Francis Lackner executed an instrument which purported to set up a trust in certain personal pr...
Views: 2
Appellants appeal from a judgment which decrees that they have no right or title in certain real property, but that respondent is the owner and entitled to the possession thereof. The amended complaint alleges ownership on the part of plaintiff, alleging that the defendants claim some interest therein, which claim was without right. Certain defendants defaulted, and others filed disclaimers, and ...
Views: 14
Defendant Juanita McCarthy, her brother Eddie Pacheco, and her brother-in-law Rexal McGee were charged in one count of the information with the crime of conspiracy to commit burglary and theft and in each of several other counts of the information with the crime of burglary. Defendant Juanita McCarthy was convicted upon a trial by jury of the crime of conspiracy as charged in the first count, of t...
Views: 6
This is an appeal from a judgment awarding to each of the respondents the sum of $100 on account of appellant’s refusal to admit them to the clubhouse maintained at Hollywood Park, a racetrack operated by appellant corporation at Inglewood. From the record herein it appears that respondents at a cost of $2.20 each, procured from Gittelson Brothers, an independent ticket agency operating an offi...
Views: 8
I dissent. In my opinion we correctly decided the issues of this appeal in the original opinion filed on April 30, 1941. It is as follows: *294Plaintiff commenced this action to recover under two policies of insurance issued respectively by the Commercial Standard Insurance Company and Pacific Employers Insurance Company hereinafter referred to respectively as Commercial and Pacific. A judgment fo...
Views: 1
Defendant appeals from an order denying his motion for a new trial after a judgment of conviction of the crime of making an assault with intent by force and violence to commit rape. The appeal is predicated upon the insufficiency of the evidence. There is no other issue. The only two witnesses who testified were the prosecuting witness and the defendant. Disregarding the testimony of defendant,...
Views: 13
This is an appeal from a judgment in favor of defendant in an action brought on a construction contract for certain road work on a state highway in Mendocino County. During the work a slide occurred, and the dispute here is as to the method of measuring its cubic contents. The contract provided that roadway excavation would include the removal of slides outside the limits of the cross section whic...
Views: 1
This is an appeal from a judgment entered in defendant’s favor after the trial court had sustained a demurrer to plaintiffs’ third amended complaint without leave to amend. The third amended complaint presents two causes of action, the first of which asserts that plaintiffs’ son met a “wrongful *308death” by reason of an “attractive nuisance” which existed at one of defendant's projects and was no...
Views: 10
On or about December 10 or 12, 1936, the Colorado Motor Sales Company was engaged in the business of selling Graham automobiles at the city of Pasadena, California. The sales force was in charge of one H. A. Merrill, as sales manager. On the floor for exhibition and sale was a Graham coupe, serial number 120014, engine number 115182, which is the hapless corpus of the devious adventu...
Views: 7
Plaintiffs and defendant entered into a contract whereby plaintiffs agreed to do excavation and construction work for a dam. This action was commenced to recover a judgment for excavation work which they performed but which was not included in the contract. The action was tried without a jury and judgment was rendered in favor of plaintiffs for $59,590.80, from which judgment defendant has appe...
Views: 11
45 Cal.App.2d 345 (1941) THE PEOPLE, Respondent, v. GUS PHOTO, Appellant. Crim. No. 612. California Court of Appeals. Fourth Dist. June 13, 1941. Richard C. Fildew for Appellant. Earl Warren, Attorney-General, and Eugene M. Elson, Deputy Attorney-General, for Respondent. GRIFFIN, J. Appellant Gus Photo, also known as Constantine Photopoulos, and Pete Adams were each charged in separate inf...
Views: 11
Appellant Adams prosecuted a separate appeal from a judgment of conviction on a charge of grand theft and from an order denying him a new trial as set forth in the case of People v. Gus Photo, ante, p. 71 [114 Pac. (2d) 71], this day filed. The facts here applicable are fully set forth in that opinion. They will be here briefly summarized. One Gus Photo, owner of a truck and trailer, employed appe...
Views: 3
Defendant was convicted of the offense known as “contributing to the delinquency of a minor”, a misdemeanor defined in section 702 of the Welfare Code, under the chapter heading of “Juvenile Court Law”. He was tried in the Superior Court of San Joaquin County, and now seeks release by habeas corpus, contending that said court was without jurisdiction. Article VI, section 5 of the Constitution p...
Views: 0
Plaintiff commenced this action on March 7, 1939, to obtain a judgment for the reasonable value of legal services rendered by him to defendants between January 7, 1938, and February 22, 1939, in the matter of securing permits to drill for oil on the property of defendants. At a trial without a jury plaintiff was given judgment for the sum of $12,567.32, from which judgment defendants have appealed...
Views: 0
The plaintiffs have appealed from a judgment of dismissal of an action for equitable relief, after a demurrer to an amended complaint had been sustained without leave to amend the pleading. The application to file a second amended complaint was denied. The suit was instituted after a decree of distribution became final. The action seeks to declare a resulting trust in real property which the wi...
Views: 14
Plaintiff brought this action upon a promissory note executed by defendant, and to foreclose a mortgage upon real property given as security for the payment thereof. The trial court sustained a general demurrer to the complaint, without leave to amend. From the judgment of dismissal entered thereafter, plaintiff appeals. The complaint, filed March 10, 1939, shows that the note in question was e...
Views: 0
The clerk’s transcript on this appeal was filed in this court on October 28, 1940. No reporter’s transcript or briefs have been filed and no appearance has been made in this court for the defendants. The matter was regularly placed on the calendar on June 10, 1941, at which time the respondent moved to affirm the judgment under section 1253 of the Penal Code. At that time the respondent presented ...
Views: 1
After trial without a jury of an action for damages based upon alleged fraudulent misrepresentations whereby plaintiffs were induced to purchase certain real estate, the court made findings of fact, substantially according to the allegations of plaintiffs’ complaint (as amended to conform to the proof), and rejecting the denials of defendants’ answer. Such findings were that on or about October 18...
Views: 8
On February 18, 1936, and for a long time prior thereto, respondent Fannie S. Park was employed as a garment worker by the Union Manufacturing Company, a copartnership composed of appellant M. Harris and his wife, Anna Harris. The business of said company was conducted in a seven story building owned by appellant and his said wife. On the date mentioned, while acting within the course of her empl...
Views: 7
Plaintiff commenced this action to recover damages for injuries which he suffered when the automobile which he was driving collided with an automobile driven by defendant Dolores Davis, which was owned by defendant Bosworth and registered in the name of defendant Like. The accident occurred on April 6, 1938, on Los Feliz Boulevard near its intersection with Griffith Park Boulevard in the city of L...
Views: 1
This is an action involving the right to the proceeds of an oil well located in a certain block in the city of El Segundo. By an ordinance of this city the drilling of an oil well in this area was forbidden unless a permit therefor was secured. Desiring to limit the number of wells in subdivided areas it had been the policy of the city council to refuse such permits where application was made in ...
Views: 1
In this action for an accounting, a final judgment was entered in favor of plaintiff on June 11, 1937. A motion for a new trial was made by defendant which motion was denied on July 26, 1937, but the order denying the motion for new trial was accompanied by an order for the modification of the findings of fact, conclusions of law and judgment of June 11, 1937. Thereafter, and on August 4, 1937, t...
Views: 3
This action was brought pursuant to section 612 of the Probate Code against a prior executor and his bondsman to recover an amount embezzled and fraudulently retained by the former executor, together with the additional amount arising from the doubling provision of that section. In its decree settling the final account of the prior executor the probate court determined that he was chargeable wi...
Views: 3
On the afternoon of April 25, 1939, at about 2 o’clock plaintiff, Emelia Colombo, and her daughter-in-law were taken by Mr. Moise to defendant’s furniture store for the purpose of selecting and purchasing linoleum for plaintiffs’ son; this plaintiff testified that she intended to buy the linoleum as a gift for the junior Colombos. Moise was an independent salesman who worked for various furnitu...
Views: 2
Plaintiff sustained injuries while riding as a passenger on a west bound street car operated by defendant City and County of San Francisco. At the intersection of Market, Jones and McAllister Streets a collision occurred between the car upon which plaintiff was riding and another west bound street car operated by the defendant Market Street Railway Company. The collision occurred a little beyond ...
Views: 1
This is an appeal from a judgment awarding certain map books and maps, levied upon by the sheriff of Los Angeles County, to Robert F. Shippee, the third party claimant. It is admitted that both plaintiff and Shippee were creditors of O’Connor, Rice & Barnes, Inc., the former owners and possessors of the books and maps, at the time of their sale to Shippee by the corporation. The only quest...
Views: 0
Petitioner seeks to annul an order of respondent commission terminating the liability of respondent Fund [State Compensation Insurance Fund] for the payment of further compensation to him from and after March 13, 1940. It is the rule that an order terminating liability for compensation payments should be affirmed if there is any evidence substantially tending to support the finding of the Industri...
Views: 7
This is an appeal from an order granting respondent’s motion to vacate and set aside a default judgment and all subsequent proceedings against her *15 upon the ground that she had never been served with process and was not in any manner before the court. The plaintiff, who appears in propria persona, filed a complaint in the superior court seeking specific performance of...
Views: 8
Plaintiff sought damages for personal injuries alleged to have been caused by the wilful misconduct of defendant Martin W. Lory. The cause was tried by the court sitting without a jury and plaintiff had judgment against defendant Martin W. Lory and the parents of said defendant in the sum of $1750. Defendants appeal from said judgment. Defendants’ main contention on this appeal is that the evid...
Views: 16
This is an appeal from a final judgment that the defendant L’Hommedieu was guilty of the crimes of second degree robbery and of the unlawful possession of a pistol in violation of section 2, chapter 1098, Statutes of 1931, and from the orders of the trial court denying L’Hommedieu’s motion for a new trial and his motion in arrest of judgment. The defendant L’Hommedieu contends that except for cert...
Views: 0
44 Cal. App. 2d 33 (1941) GEORGE N. FOSTER, Respondent, v. HERMAN FISHER et al., Defendants; W. G. JOHNSON et al., Appellants Civ. No. 12919. California Court of Appeals. Second Dist., Div. Two. April 4, 1941. Henry E. Carter and Emmett A. Tompkins for Appellants. Otto B. Willett for Respondent. WOOD, J. Appellants Day and Johnson have taken this appeal from a judgment in favor of responde...
Views: 12
This is an appeal from a judgment in favor of plaintiff in the sum of $5,200, interest and costs. The action was brought by her against the administrator of the estate of Robert Hart Overton to recover the reasonable value of services performed as housekeeper and nurse for a period of more than sixteen years immediately preceding the death of decedent, the services being rendered at his special...
Views: 20
A collision occurred at the intersection of two highways in Merced County, between three automobiles operated respectively by Messrs. Hamm, Fittje and Yoest. Cross suits, based on that accident, were filed by two of the participants in the same court. For the purpose of identity we shall refer to the actions as the Hamm ease and the Fittje suit. A summons was first served in the Fittje suit, whic...
Views: 8
Plaintiff and appellant brought this action in condemnation. Defendants and respondents demurred generally and specially to the complaint. Their demurrers, identical in form, were sustained. Plaintiff failed to amend. Judgment was entered for defendants. From this judgment plaintiff appealed. The complaint alleges generally that the plaintiff is an irrigation district and that it brings th...
Views: 4
This appeal is prosecuted from “all decrees, orders and the judgment of dismissal rendered against plaintiff and for defendants” in an action for damages for conspiracy to defraud. In order to state the contentions of appellant, it will be .necessary to quote verbatim her so-called “statement of questions involved”, because of the involved and confused manner in which such contentions are sta...
Views: 7
On the 8th day of November, 1938, by a majority vote, the electors of the City of Alhambra adopted an initiative ordinance establishing a scale of minimum salaries for members of the city’s police department. The legislative body, known as the commission, of said city, refused to give effect to the provisions of the ordinance, contending that the fixing of minimum salaries for police officers was...
Views: 11
Petitioner seeks a writ of mandate to compel the respondent superior court to settle, allow and certify a transcript to be used on appeal from a judgment rendered in a partition suit. The action in question was commenced by one Roza Williams against several defendants, including petitioner herein, as owners in common of the real property involved. Also named as defendants were several parties who ...
Views: 0
Appellant was found guilty by the jury of the crime of manslaughter and appeals from the judgment of conviction which was thereafter entered, and also from the order denying his motion for a new trial. *85The charge upon which appellant was convicted grew out of a beating administered to John William Kinnemann by appellant under the following circumstances: On July 20, 1940, Mrs. Emily W. Dybens w...
Views: 12
Plaintiff appeals from a judgment dismissing the action following the court’s order sustaining an objection to the introduction of any evidence on the ground that the amended complaint failed to state a cause of action. The action was brought under section 2224 of the Welfare and Institutions Code. By its pleading plaintiff alleged that, commencing July, 1936, and continuing until the time of fili...
Views: 0
This is an appeal by plaintiff, taken by means of a bill of exceptions, from separate judgments of nonsuit in favor of each of the defendants, rendered by the trial court sitting without a jury in an action brought to recover damages for the breach of an oil well drilling contract. The judgments were rendered following the sustaining of objections to the introduction of certain evidence offered...
Views: 0
Mrs. Sarah Schulman, 66 years of age, was struck by a bus owned by defendant corporation and driven by defendant Richards on June 3, 1939. The injuries she received resulted in her death and this action was commenced by her five adult children - to recover damages from defendants. A jury returned a verdict in the sum of $2,500 against defendants, who have appealed from the ensuing judgment. There ...
Views: 11
This is an appeal from a judgment granting a writ of mandate directing the reinstatement of the petitioner to membership in a Laundry Workers’ Union of Sacramento on the ground that she was illegally expelled and awarding damages against the union for loss of wages amounting to $1761.60. The Laundry Workers’ Union, Local No. 75, is an unincorporated association at Sacramento, auxiliary to ...
Views: 12
This is ail appeal by defendant from a judgment in favor of plaintiff in an action to recover an amount alleged to be due plaintiff from defendant for maintenance and support under a property settlement agreement. The appeal is taken upon a bill of exceptions and the matter having been submitted to the trial court upon stipulations of fact and a small amount of documentary evidence the bill conta...
Views: 2
44 Cal. App. 2d 147 (1941) JOHN PACHECO, Appellant, v. FRANK W. CLARK, as Director of Motor Vehicles, etc., et al., Respondents. Civ. No. 6473. California Court of Appeals. Third Dist. April 11, 1941. Mandamus proceeding to compel restoration of a captain in the Highway Patrol to his former position. Joseph Scott and John J. Jones for Appellant. Earl Warren, Attorney-General, and Wilmer W. ...
Views: 11
Five defendants were convicted of murder in the first degree, the jury recommending life imprisonment. Upon appeal, the judgments entered were modified and the cause was remanded to the trial court with directions to pronounce judgment against each of these defendants as for murder in the second degree. (People v. Cowan, 38 Cal. App. (2d) 231 [101 Pac. (2d) 125].) This was done and three of the...
Views: 22
The plaintiff, Mazilla Tighe, brought this action for damages against Leong Cheung and his employer Ad Chong, alleging that Leong Cheung negligently collided with her on a sidewalk, as the result of which she sustained personal injuries, and that at the time of the accident he was engaged in performing the duties of his employment. A jury returned a verdict against both defendants for the sum of ...
Views: 2
To the plaintiff’s second amended complaint the defendant interposed a demurrer. The demurrer was sustained without leave to amend and from the judgment entered thereon the plaintiff has appealed. Plaintiff’s pleading purported to state four different causes of action. First Cause of Action. In her brief the plaintiff states that the first cause of action is one in which she seeks to recove...
Views: 15
This is a companion ease to the case entitled Smith v. Bliss, No. 11667 [ante, p. 171], this day filed. Except as noted the facts are fully set forth in that case. After the death of Lulu Hannah Coffin, Charles A. Bliss was granted letters testamentary and proceeded to administer her estate. About sixteen months after the death of Mrs. Coffin, Mable Smith, this defendant, appeared and filed the wr...
Views: 0
Defendants were charged by information with two offenses of robbery. The jury returned a verdict of guilty on both counts and this appeal is from the judgments thereafter entered. Briefly, the evidence reveals that the defendants on the night of May 4th accosted one Robert Gordon and Jeanne Patrick, who were seated in a parked automobile on Riverside Drive, and robbed them, at the point of a gu...
Views: 6
This is an appeal from a judgment entered in favor of respondent in a mandamus proceeding. H. S. Crocker Company, Inc., respondent, recovered a judgment in the amount of $3,427.33, against the County of Lake, and commenced this mandamus proceeding to compel payment of such judgment. A judgment and peremptory writ of mandate, filed July 30, 1940, ordered and directed that the Board of Supervisors o...
Views: 0
There are two separate appeals here involved, based upon the same record. Each appellant appeals from an order settling accounts in the Estate of Annie E. Chamberlain, deceased. Objections Avere filed by appellants to said accounts, and after a trial of the issues thus raised, the court overruled said objections. Annie E. Chamberlain died on October 8, 1931, at the age of 87 years. She was...
Views: 3
Petitioners seek, by writ of review, to annul an order adjudging them guilty of contempt, and fining each of them in the sum of $75. R. H. Strosnider, as plaintiff, and petitioners as defendants, joined issue in an action to establish the existence of a right of way. On April 24, 1940, a judgment was entered therein, embodying the following injunctive relief: “It is hereby ordered, adjudged and...
Views: 3
In this action each of the parties sought an annulment of their marriage. The parties, both residents of Los Angeles County, went through a marriage ceremony in Tiajuana, Mexico, on November 1, 1937. The defendant was then of the age of 17 years and 7 months, and she did not have the consent of her parents. It appears that they returned immediately to Los Angeles and that they never lived together...
Views: 0
This is an appeal from a judgment in favor of respondent, who was injured when struck by an automobile being driven by appellant Milton Ponitz and owned by appellant Harry Ponitz, the former being referred to throughout this opinion as appellant. The collision which resulted in serious injuries to respondent occurred shortly before 7 o’clock in the evening of February 14, 1936, on La Brea Avenu...
Views: 13
This appeal is by defendants from a judgment in plaintiffs’ favor in the total sum of $7,000 for damages resulting from the burning of an alfalfa milling plant. Plaintiff Union Supply and Milling Corporation was the owner of a milling plant used in the manufacture of alfalfa meal through the processing of alfalfa hay. Electricity was furnished by defendants for lighting and power purposes in the o...
Views: 0
This is an action on a promissory note. In 1931, Van Moore, needing funds to meet an obligation, applied to the plaintiff for a loan. At his request, the defendant Arbaugh signed the note which was given to the plaintiff, as a comaker. It is conceded that the plaintiff knew that Arbaugh received no part of the proceeds of the loan. In 1935, Moore and Arbaugh, as comakers, signed a renewal note, wh...
Views: 1
This is an appeal by plaintiffs from a judgment of nonsuit in favor of defendants, and from an order denying plaintiffs’ motion for a new trial. The complaint which charged fraud on the part of defendants, through the medium of which one of them was successful in purchasing the stock holdings of plaintiffs in that company, was dismissed as to all but two of the defendants, and it was in favor o...
Views: 9
This is an appeal from a judgment after a verdict by a jury, and after denial of a motion for a new trial, against the defendants and appellants and in favor of the plaintiff and respondent, and is for personal injuries to the respondent alleged to have been sustained in a collision between two automobiles. The collision occurred on Christmas Eve of 1938 shortly before 6 o’clock when it was dar...
Views: 21
On April 26, 1939, the plaintiff Arlene Darling, while riding in an automobile which was being driven by the defendant Walter Carter, was injured in a collision. To recover damages for injuries sustained she and her husband commenced this action against Walter Carter, Dreamland Bedding & Upholstering Co., a copartnership, his employer, Jess Ernest Norris who was driving the other automobile, an...
Views: 19
44 Cal. App. 2d 258 (1941) RUTLAND, EDWARDS & CO. (a Corporation), Respondent, v. PAUL E. COOKE et al., Appellants. Civ. No. 11566. California Court of Appeals. First Dist., Div. Two. April 17, 1941. H. C. Millsap and W. E. Lady for Appellants. Jennings & Belcher for Respondent. NOURSE, P. J. From a judgment in favor of the plaintiff in litigation involving a brokerage account the ...
Views: 10
The trial court sustained a demurrer to plaintiff’s complaint without leave to amend. Later it entered a judgment that the plaintiff take nothing by this action. From that judgment the plaintiff has appealed. On the 4th day of December, 1938, at a point about one-half mile south of San Benito River bridge, on Highway 101, the plaintiff’s automobile collided with another automobile being dr...
Views: 10
Else Lackner Reinicke died on March 30, 1937, leaving a will by which her husband George R. Reinicke was given all of her property, with minor exceptions which need not be here detailed. The will was admitted to probate and Mr. Reinicke was appointed administrator with the will annexed. He filed his first account, to which exceptions were filed by appellant J. H. Booge, trustee. This appeal is pr...
Views: 4
The respondents have moved this court for diminution of the record, under rule XIV of Rules for the Supreme Court and District Courts of Appeal of California, by adding thereto the reporter’s transcript of testimony taken at the trial. The motion is supported by affidavits of the attorneys for the respective parties. The plaintiff appealed from an order of the trial court setting aside a judgment ...
Views: 0
In this action to recover damages for personal injuries, the jury returned its verdict in favor of plaintiff for the sum of $10,000. From the judgment entered on that verdict, defendants appeal, and contend that the evidence establishes as a matter of law that the injuries suffered by plaintiff were caused by her own negligence, and not by the negligence of defendants. Respondent was employed as a...
Views: 0
This is an appeal from a judgment of dismissal entered upon an order sustaining respondents’ demurrer to a petition for a writ of mandate, and a refusal to amend. We are convinced the opinion of Judge Peter J. Shields correctly states the facts and the law, and hereby adopt the same as the opinion of this court. *285 By this proceeding in mandamus it is prayed that the petitioner be adjud...
Views: 8
Defendants and appellants, Philip Pécora, Mary J. Pécora, Joe Pécora and Ace Freight Lines, have taken an appeal from the order of the superior court denying their motion for change of place of trial from Kern County to Los Angeles County. The motions were mado upon affidavits based upon the ground that the change of venue was for the convenience of the witnesses to be called on the trial of the ...
Views: 11
This is an action for damages arising from a collision between a truck and trailer owned by the plaintiff Schuette and an automobile owned and operated by the defendant. The complaint sets up two causes of action. In the first, the plaintiff Schuette seeks to recover for the damage to his truck and trailer and in the second, the plaintiff Woolley seeks to recover for the destruction of the load of...
Views: 1
This is an appeal from a judgment entered after plaintiff’s motion for judgment on the pleadings had been granted. It is an appeal in the same case, but by other defendants, as the appeal in the ease of Dos Pueblos Ranch *300& Improvement Co. v. Ellis, 8 Cal. (2d) 617 [67 Pac. (2d) 340], The judgment in that case, entered after plaintiff’s motion for judgment on the pleadings had been granted, can...
Views: 0
Defendant was found guilty by a jury of a violation of section 288 of the Penal -Code and a violation of section 702 of the Welfare and Institutions Code. He appeals from the judgment of conviction and from the order denying his motion for a new trial. In his briefs, his argument is divided under seventeen numbers but there are no headings showing the nature of the questions to be presented or the...
Views: 2
Plaintiff brought this action to recover upon a promissory note, executed by defendants, and reading as follows: “Know All Men By These Presents That we, the undersigned, Ruby J. Codding, Ida Jewell D ’Egilbert, George Jewell, and Grace B. Hood, owners or parties in interest of the Hood ranch and personal properties in Batchelor Valley, Lake County, California, are legally indebted to...
Views: 2
Defendant Howard Automobile Company, hereinafter referred to as Howard, appeals from an order granting the motion of a codefendant, -John C. Binkert, for a new trial to be had by plaintiffs against defendant Howard. The litigation with which we are here concerned was originally instituted by the plaintiffs as the personal representatives of Albert B. Washko, deceased, against Joel Stewart, John...
Views: 1
This is an appeal from a decree by which the probate court ordered interest to be paid to all beneficiaries of a residuary trust to whom money was bequeathed, “from April 7, 1937 (said date being one year after the death of the testatrix) until payment is made to such beneficiaries and each of them.” Paragraph Ninth of decedent’s will provides as follows: “It is my intention that the amounts set o...
Views: 0
This is an action for a conversion of a V-8 Tractor, a utility semi-trailer, and a GMC truck, based upon the unlawful re-possession thereof by defendant finance company. Some time prior to July 1, 1937, plaintiffs were purchasing, under conditional contracts, the tractor and the GMC truck. On May 11, 1937, plaintiffs, being the owners of the utility trailer, executed a chattel mortgage thereon in ...
Views: 0
44 Cal. App. 2d 332 (1941) ADA LEA CHRISTIANSEN, as Administratrix, etc., Respondent, v. HARRY HOLLINGS, Appellant. Civ. No. 11406. California Court of Appeals. First Dist., Div. One. April 21, 1941. Hadsell, Sweet, Ingalls & Lamb for Appellant. Arthur Joel and James Martin MacInnis for Respondent. PETERS, P. J. Plaintiff, as administratrix of the estate of her husband, brought this ac...
Views: 17
In a trial before a jury plaintiff had a verdict for $6,000 for damages for injuries arising out of a collision of two motor vehicles—one operated by plaintiff, the other by defendant Davis in the course of his employment by his codefendant. The trial court denied defendants’ motions for a nonsuit, a directed verdict, and for a new trial. *350 In denying the latter motion the trial court reduce...
Views: 0
44 Cal. App. 2d 351 (1941) MONTEREY CLUB et al., Petitioners, v. SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. Civ. No. 13030. California Court of Appeals. Second Dist., Div. One. April 21, 1941. Samuel L. Rummel and Arthur Mohr for Petitioners. J. H. O'Connor, County Counsel, Douglas De Coster, Deputy County Counsel; John F. Dockweiler, District Attorney, and Thomas F. O'Brien, ...
Views: 13
44 Cal. App. 2d 356 (1941) CLARA R. BARLOW et al., Respondents, v. GEORGE B. CROME et al., Appellants. Civ. No. 2613. California Court of Appeals. Fourth Dist. April 21, 1941. ChaS.E. R. Fulcher, Borton, Petrini, Conron & Borton for Appellants. Edward West for Respondents. GRIFFIN, J. This is an action arising out of an automobile collision wherein the plaintiff Clara R. Barlow sought ...
Views: 11
44 Cal. App. 2d 362 (1941) THERESA LEE, Appellant, v. MARY J. DAWSON et al., Respondents. Civ. No. 11435. California Court of Appeals. First Dist., Div. One. April 22, 1941. John H. Crabbe and Laurel W. Streiff for Appellant. R. L. Husted for Respondent Minnie Coburn. PETERS, P. J. Plaintiff brought this action to recover damages for personal injuries received when she fell down a flight o...
Views: 6
This is an appeal by plaintiff from a judgment in favor of defendant in an action in which damages in the sum of $7,551.15 were sought. The complaint alleged that, as the result of a fraudulent scheme and plan on the part of defendant in connection with a creditor’s claim filed by him as attorney for plaintiff against an estate, he omitted therefrom facts which if established would have estoppe...
Views: 0
Kathryn Fenton, the widow of Lowell Del Fenton, deceased, seeks by means of a writ of certiorari to. reverse an order of the Industrial Accident Commission refusing to allow compensation for the death of her husband which resulted from a railroad crossing casualty while he was engaged in investigating applications for relief in behalf of the California State Relief Administration. ...
Views: 20
The plaintiff, Elmer W. Coy, a customer of the Oakland office of the brokerage firm of E. F. Hutton & Company, brought this action for the recovery of damages on account of the sale of corporate stock which the firm had purchased for plaintiff and held pursuant to a customer's agreement. Judgment was entered in favor of defendants, and plaintiff appeals. The complaint contained two counts....
Views: 4
This is an appeal by plaintiff from a judgment decreeing that she take nothing by her action. The suit was brought to recover damages for personal injuries suffered by her as the result of an automobile accident attributable, as the court found, to defendant’s negligence in the construction and maintenance of a highway. The ground on which the trial court denied the relief sought is the failure...
Views: 14
44 Cal. App. 2d 399 (1941) DEL REY REALTY COMPANY (a Corporation), Appellant, v. CHARLES W. FOURL, Respondent. Civ. No. 11563. California Court of Appeals. First Dist., Div. Two. April 23, 1941. William P. Mealey for Appellant. Charles W. Fourl, in pro. per., for Respondent. SPENCE, J. Plaintiff, as assignee of certain rights of the Adriatic Corporation under an instrument dated September ...
Views: 6
Plaintiff brought this action seeking an injunction. Defendants demurred to the amended complaint and their demurrer was sustained without leave to amend. Judgment was thereupon entered in favor of defendants and from said judgment, plaintiff appeals. This controversy arose out of the determination of the Board of Supervisors of the City and County of San Francisco to reduce the width of the si...
Views: 0
Plaintiffs appeal from a judgment of non-suit in an action for damages for personal injuries sustained while riding as guests with defendant in her automobile. About 2 o’clock A. M., on February 3, 1939, defendant drove her Terraplane coupe, accompanied by her two guests, the plaintiffs Rose Katz and Mrs. Sophronia Ray, upon a wide, paved boulevard some five miles east of Brawley. The weather was ...
Views: 12
This is an appeal upon the judgment roll. The court below dismissed the action as to defendants in their individual capacities but awarded plaintiffs the sum of $862 against defendants in their capacity as executors of the estate of Allen R. Ratterree, deceased. The complaint set forth three causes of action, the first of which was a common count on quantum meruit in the sum of ...
Views: 1
Plaintiffs appeal “from a judgment for defendant, George W. Nowlin, after order sustaining demurrer to the third amended complaint without leave to amend. ’ ’ The sole question for determination is whether the landlord is liable for damages resulting from the death of a six year old child drowned in a pool upon the premises operated by Nowlin’s lessees. After three successive pleading...
Views: 12
44 Cal.App.2d 417 (1941) THE PEOPLE, Respondent, v. R. HERVEY ANGIER, Appellant. Crim. No. 3431. California Court of Appeals. Second Dist., Div. Two. April 23, 1941. Gladys Towles Root for Appellant. Earl Warren, Attorney-General, and Bayard Rhone, Deputy Attorney-General, for Respondent. MOORE, P. J. Appellant was accused by information with a violation of section 288a of the Penal Code. ...
Views: 23
Appellant was accused by information of the district attorney of eleven felonies. By counts 1, 4, 7 and 10, he was charged with statutory rape, and was convicted of attempted rape under all four counts. By counts 2, 3, 6 and 9, he was accused of violating section 288 of the Penal Code and was convicted on those four counts. By counts 5, 8 and 11, he was accused of incest but of these he was acqui...
Views: 9
Plaintiffs, husband and wife, brought this action to recover from defendant insurance company the amount of a judgment secured by them against a policyholder of defendant company, which judgment had not been paid by the assured. The trial court held that under the terms of the policy the defendant company had already paid on behalf of the assured to the plaintiffs the total amount required by the...
Views: 15
This is an appeal from a judgment entered in favor of respondent, George L. Baldwin, in an action brought by the widow and minor children of Cleo Francis Ross to recover damages for his wrongful death by reason of the alleged negligence of the said respondent. It was consolidated for trial and tried upon the same evidence with an action brought by said respondent against the Davis Perfection Brea...
Views: 16
From a judgment entered upon a jury verdict in their favor, in the sum of $100, plaintiffs appeal. They claim that this judgment is contrary to the evidence and insufficiently supported in view of damages proven. The suit was brought by Irma Weiskopf, a minor eighteen years old, through her father, David W. Weiskopf, as her guardian ad litem, David joining as a plaintiff in his own behalf. ...
Views: 5
This appeal, presented on the judgment roll alone, is prosecuted from a judgment of dismissal which was entered on February 8, 1939, after the trial court had sustained respondents’ amended demurrer to the amendment to the amended complaint herein without leave to amend, and also denied appellants’ motion for leave to further amend said complaint. The action was commenced on October 31, 1935, to r...
Views: 0
The Superior Court of 'the County of Los Angeles, acting upon the petition of appellant, refused to grant a writ of mandate commanding the respondents, officers of the Department of Motor Vehicles of the State of California, to issue certificates of junk for four motor vehicles which appellant had acquired; hence this appeal. Section 235 of the Vehicle Code, as amended in 1939, reads as follows: “...
Views: 0
This is an appeal on the judgment roll from a judgment denying any relief to petitioner, a retired member of the City Employees’ Retirement System of the City of Los Angeles, who sought a writ of mandate to compel the respondents to calculate the amount of his retirement allowance in the manner for which he contends as opposed to the method so far used in other similar cases by respondent. The tr...
Views: 2
This is an appeal by defendant from a judgment in favor of plaintiff after trial before the court without a jury in an action to rescind a transaction whereby plaintiff purchased certain real property from defendant. These are the facts so far as material here: Defendant owned two residential lots in Alhambra, California. These lots, as defendant knew, had been filled with *454 debris in 19...
Views: 6
This appeal involves two separate actions brought against appellants Western Truck Line, a corporation, hereinafter called the corporation, and its employee, Rudolph Maurin, as defendants, which actions were consolidated for trial. The evidence introduced at the consolidated trial is applicable to both actions, .with the exception of the evidence relating to the measure of damages. These a...
Views: 7
This is an action to quiet title to certain real and personal property commenced by plaintiff and appellant Avril Walker against defendant and respondent Laugharn, as trustee in bankruptcy of Dr. R. H. Gerber, a bankrupt. Respondent answered • and also filed a cross-complaint alleging that the purchase and assignment to appellant of the property involved was made to hinder, delay and defraud the c...
Views: 4
This is an appeal by defendant from a judgment in the sum of $4,800, together with interest, $500 counsel fees, costs and disbursements. The action arose in connection with an unpaid balance due plaintiff under a property settlement agreement in which defendant obligated himself to pay her the sum of $150 a month until a total of $9,000 had been paid. Plaintiff and defendant married on Septembe...
Views: 13
In an information filed by the District Attorney of Los Angeles County, appellants and one Thaddeus F. Fuller were accused of three counts of rape, one count of robbery, and one count of kidnaping for the purpose of robbery. Following not guilty pleas by all defendants to all counts and a jury trial, the two appellants herein were found guilty on two counts of rape and not guilty of the crimes of...
Views: 10
This is an action by the heirs of Thomas Goughian and the administrator of his estate to recover certain money and property which had formerly been owned by the deceased, but which at the time of his death stood in the *492name of Goughian and the defendant as joint tenants, with the right of survivorship. Early in 1934, Goughian went to a hospital and later to a sanitarium where he died on Octobe...
Views: 0
Plaintiff brought this action to quiet her title to an easement of way fourteen feet wide over defendant’s property. An interlocutory judgment was entered awarding plaintiff a right of way over the west eight feet of Veda M. Petitfils ’ property and decreeing that as soon as defendant cleared that eight feet of obstruction to travel, plaintiff’s right to the use of the fourteen feet she claimed...
Views: 8
44 Cal. App. 2d 503 (1941) GWYNN CAREY et al., Appellants, v. CITY OF OAKLAND (a Municipal Corporation), Respondent. Civ. No. 11416. California Court of Appeals. First Dist., Div. One. April 28, 1941. C. M. Walters and Elson L. Jones for Appellants. Hagar, Crosby & Crosby and F. Bert Fernhoff, City Attorney, for Respondent. KNIGHT, J. The plaintiffs, Gwynn and Marie Carey, husband and ...
Views: 18
The petitioner seeks to annul an award of the Industrial Accident Commission against him, and to *512 reverse the order relieving the Pacific Indemnity Company from liability on account of personal injuries received by a workman in his employ. The workman, George Walsh, was employed by the petitioner in a logging enterprise in Siskiyou County when a dead limb fell from a tree and s...
Views: 1
The widow and minor children of John Glavich, deceased, seek by means of certiorari to reverse the order of the Industrial Accident Commission disallowing compensation claimed by them for death benefit and funeral expenses under the provisions of section 4701 of the Labor Code. The claim was denied on the ground that it is barred by the failure of the workman to present his demand for compensation...
Views: 6
A property settlement agreement was entered into between respondent and appellant, which contract recited that an action for divorce had been filed by respondent, and that said parties had agreed upon a mutual property settlement of every kind and nature pertaining to property belonging to them, or either of them. After some specific provisions with reference to different properties the agreement...
Views: 12
Petitioners were found guilty by a jury in the Police Court of Stockton, of a violation of section 87 of the Penal Code. Judgments were duly entered as to each, that they should be confined in the county jail for one hundred eighty days on Count One, and one hundred eighty days on Count Two of the complaint, pay a fine of $250 on the Third Count, and $250 on the Fourth Count. Upon appeal to the s...
Views: 12
This is an appeal from a judgment directing that a peremptory writ of mandate issue requiring respondent and appellant W. B. Parker, as Director of Agriculture of the State of California, to issue to the petitioner and respondent herein licenses to act as a produce dealer and broker under the provisions of chapter 6, division VI of the Agricultural Code. The matter was presented to the tri...
Views: 11
This is an appeal by plaintiffs and appellants from a judgment in favor of the defendant Pacific Southwest Discount Corporation, respondent herein. The complaint alleged breach of contract and prayed for judgment in the sum of $5,057.59, with interest. Plaintiffs also set up a cause of action for declaratory relief which the court denied for the obvious reason that its findings to the effe...
Views: 0
44 Cal. App. 2d 561 (1941) A. W. HJORTH et al., Respondents, v. SAM BERNSTEIN, Appellant. Civ. No. 2643. California Court of Appeals. Fourth Dist. April 28, 1941. Abe Richman for Appellant. Hansen & Cope for Respondents. CONWAY, J., pro tem. Plaintiffs commenced an action against defendants for rescission of a contract for the purchase of an oil royalty upon the ground of fraud, and in...
Views: 14
44 Cal. App. 2d 566 (1941) SOLOMON FELDESMAN, Appellant, v. WALTER McGOVERN, Respondent. Civ. No. 11391. California Court of Appeals. First Dist., Div. One. April 29, 1941. Harry L. Meyers and George Olshausen for Appellant. Keyes & Erskine and Douglas M. Moore for Respondent. KNIGHT, J. This is an action by a client against his attorneys for damages, based on allegations to the effect...
Views: 17
Appellant was charged in an information with the crime of robbery, together with a prior conviction of felony. At the trial appellant appeared in propria persona and was found guilty as charged, the jury fixing the crime as robbery in the second degree. This appeal is prosecuted from the judgment of conviction and from the order by which appellant’s motion for a new trial was denied, upon the g...
Views: 19
Section 4005b of the Political Code provides in part that whenever the board of supervisors shall, without authority of law, order any money paid as salary, fees, or for any other purposes, and such money shall have been actually paid, it is the duty of the district attorney to institute suit in the name of the county against such person or persons to recover the money so paid and 20 per cent dama...
Views: 0
44 Cal.App.2d 599 (1941) ARTHUR BRIGHAM ROSE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. Civ. No. 13109. California Court of Appeals. Second Dist., Div. One. April 30, 1941. A. Brigham Rose, in pro. per. WHITE, J. [1] I vote to deny the petition, primarily on the reasoning and holding in C. S. Smith Metropolitan Market v. Superior Court, 16 Cal.2d 226 [105 ...
Views: 7
Ernest and Perry Sanders, as executors of the last will of their grandfather, William H. Sanders, deceased, brought this suit in equity against Margaret E. Sanders, widow of the deceased, and her children by a former marriage, to have property claimed by Margaret E. Sanders as surviving joint tenant, declared the property of the estate and subject to administration. A complaint in intervention wa...
Views: 0
44 Cal. App. 2d 615 (1941) MABEL SCOTT HENDERSON, as Administratrix, etc., Appellant, v. OAKES-WATERMAN, BUILDERS (a Co-partnership) et al., Respondents. Civ. No. 12918. California Court of Appeals. Second Dist., Div. One. May 1, 1941. William H. Haupt for Appellant. Gordon Lawson and Samuel M. Garroway for Respondents. *616 DESMOND, J., pro tem. This is an appeal from a judgment which the...
Views: 3
Appellant was indicted, tried and convicted on two charges of perjury, two charges of offering false evidence and two charges of preparing false evidence. On August 30, 1939, two complaints were filed in the municipal court of San Francisco, each charging the defendant with having violated section 1-d of the State Narcotic Act (Deering’s Gen. Laws, Act No. 5323) which provided that any doctor a...
Views: 15
By means of certiorari, Alva 0 ’Hare, the widow of James Matthias O’Hare, deceased, seeks to review the order of the Industrial Accident Commission, denying her application for compensation on account of the death of her husband as a result of lead poisoning alleged to have been incurred in the course of his employment with the Mc-Clatchy Publishing Company as a linotype operator in the plant of t...
Views: 3
Plaintiff brought this action to quiet her title to property in Los Angeles County and to cancel certain instruments under which Marie T. Huntley (hereinafter called defendant) claims title to the property. The trial court *637 found against plaintiff on all material issues and rendered judgment for defendant. This appeal followed. The interest which plaintiff claimed in the p...
Views: 8
Plaintiffs sued to quiet title to certain real property; the defendant filed an answer and cross-complaint setting up a cause of action to foreclose a mechanic’s lien upon the property; the defendant had judgment upon the cross-complaint for $223.40 with interest from date of the judgment. The sole ground urged on the appeal from the judgment is that the defendant failed to plead and prove that...
Views: 10
This is an appeal from a judgment in favor of the plaintiffs in an action brought to quiet title. The plaintiffs named a large number of defendants but the defendant E. F. Treadwell only has taken an appeal. All parties to this action claim under the Woodside Country Club, a corporation. The map of subdivision 1 of the Wood-side Country Club properties was recorded December 1, 1926, in Lib...
Views: 19
From a judgment in favor of plaintiffs after trial before the court without a jury in an action to recover damages for wrongful death, pursuant to the provisions *650 of section 377 of the Code of Civil Procedure, defendant David I. Keilly appeals. The appeal is based upon the judgment roll alone. Defendant urges reversal of the judgment on the proposition that it was error for the trial jud...
Views: 2
44 Cal.App.2d 651 (1941) BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION (a National Banking Association), as Administrator, etc., Appellant, v. REPUBLIC PRODUCTIONS, INC. (a Corporation), Respondent. Civ. No. 12819. California Court of Appeals. Second Dist., Div. Two. May 5, 1941. Simon & Garbus, Abram Robert Simon, Morton Garbus and Sidney A. Moss for Appellant. Loeb & Loe...
Views: 7
Appellant was convicted after trial by jury of murder in the second degree and sentenced to the state penitentiary at San Quentin for the term prescribed by law. This appeal is from the judgment and from the order denying his motion for a new trial. Viewing the evidence most favorably to the prosecution (People v. Dukes, 90 Cal. App. 657, 659 [266 Pac. 558]), the facts in the instant ease a...
Views: 9
This is an original application for a writ of mandate to require respondents to set aside an order dismissing an action brought by petitioner as assignee of a judgment to have the same renewed. Respondent court has filed an answer. Respondent Judge Pierson M. Hall has filed a demurrer to the petition on the ground that it fails to state a cause of action as to him. So far as material here, the ...
Views: 3
Prom a judgment of guilty of robbery in the first degree after trial before a jury and from an order denying his motion for a new trial defendant appeals. Viewing the evidence most favorably to the people (respondent), the essential facts are: August 11, 1940, about 9 P. M. defendant and his codefendant Earl Bingham approached an attendant at a service station in the city of Los Angeles and reques...
Views: 9
This appeal was taken by John Savage, guardian of the persons and estates of Dorothy and Bernard Jones, from a judgment of the juvenile court. The children are full orphans, and at the time of the rendition of the judgment were respectively 14 and 11 years of age. At that time also they were and for nearly two years prior thereto had been living with and being cared for by appellant and his wife a...
Views: 0
44 Cal. App. 2d 688 (1941) STATE FINANCE COMPANY (a Corporation), Appellant, v. FLOYD N. SMITH, Respondent. Civ. No. 11464. California Court of Appeals. First Dist., Div. One. May 7, 1941. Carl H. Allen for Appellant. Harry L. Noland for Respondent. PETERS, P. J. Plaintiff appeals from a judgment for defendant in an action brought to recover a deficiency judgment in the amount of $251.38. ...
Views: 0
In a trial by the court without a jury the plaintiffs had a judgment for $1500, in addition to special damages, for injuries incurred by Hilda Harris when she fell upon the floor of an elevator operated by defendant Smith. The appeal is taken by this defendant alone. The facts are without material dispute and are fairly stated by respondents as follows: “Between 5:30 and 6:00 o’clock P. M. on Tues...
Views: 1
In an action for partition the trial court made findings in favor of the plaintiff and entered an interlocutory decree. From that decree the defendants have appealed and have brought up a typewritten record. The defendants have so many grievances that they depart from all rules of briefing and present what they claim to be groups 1 to 10 of alleged errors. They argue most earnestly. To understand ...
Views: 0
The plaintiff sued for an injunction and for the specific performance of a written contract made by other parties wherein the defendant agreed to execute a written lease of two years for certain premises. The plaintiff had judgment upon findings that all the allegations of his complaint were true and that all the allegations of the answer were untrue. One Stelling owned the real property upon whic...
Views: 0
From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover the purchase price of certain fixtures and equipment sold to defendant pursuant to a written ágreement, defendant appeals. Viewing the evidence most favorably to plaintiff (respondent) , the essential facts are: September 15, 1938, plaintiff and defendant entered into an agreement...
Views: 1
This is a motion to consolidate with this appeal the appeal of the respondents in the same case, being numbered Second Civil No. 12781 of this court. In view of the fact that we have this day dismissed appellant’s appeal for failure to comply with the requirements *712of rule I, section 4, and rule V, section 1 of the Rules for the Supreme Court and District Courts of Appeal, the present motion is...
Views: 1
44 Cal.App.2d 712 (1941) H. H. SPRINGER, Respondent, v. ANGELES CREDIT COMPANY, LTD. (a Corporation), et al., Appellants. Civ. No. 12781. California Court of Appeals. Second Dist., Div. Two. May 7, 1941. J. Everett Blum, John Moore Robinson and Ralph W. Smith for Appellants. Dailey S. Stafford and William H. Haupt for Respondent. McCOMB, J. From a judgment awarding damages in favor of plai...
Views: 5
44 Cal. App. 2d 718 (1941) DEL MAR CANNING CO. (a Corporation) et al., Appellants, v. PACIFIC GAS & ELECTRIC COMPANY (a Corporation), Respondent. Civ. No. 11502. California Court of Appeals. First Dist., Div. One. May 9, 1941. Walter Slack and John Milton Thompson for Appellants. Thos. J. Straub, John J. Briare, Frederick T. Searls and Wyckoff, Gardner & Parker for Respondent. PETER...
Views: 4
In an amended information filed by the District Attorney of Los Angeles County, containing three counts, defendant was accused in each count of the crime of grand theft. The information also contained an averment that defendant had theretofore been convicted of a felony and had served a term of imprisonment in a penal institution as punishment therefor. Following pleas of not guilty and the admiss...
Views: 1
This is an appeal from a decree and order settling the final account of an administrator and ordering distribution, and also determining that appellant was not the daughter of Josephine Brandel, deceased, and not entitled under section 229 of the Probate Code to succeed to her property. The estate of decedent, who died intestate, consists of real property, cash and personal effects. Appellant’s...
Views: 1
44 Cal. App. 2d 742 (1941) MORRIS S. DAGGETT, Appellant, v. STATE BOARD OF FUNERAL DIRECTORS AND EMBALMERS et al., Respondents. Civ. No. 11604. California Court of Appeals. First Dist., Div. Two. May 12, 1941. Mento & Read, Emerson W. Read, Joseph W. Mento and H. Nelson French for Appellant. Frank J. Barry for Respondents. SPENCE, J. Plaintiff sought a peremptory writ of mandate to com...
Views: 0
Appellant and Fred Coman were accused in an indictment of the crime of burglary. The charge was dismissed as to defendant Coman on motion of the district attorney in order that he could be a witness for the prosecution. At a trial before the court without a jury appellant was found guilty. This appeal is prosecuted from the judgment of conviction and from the order denying a motion for a new tr...
Views: 14
Defendant, by an information, was charged with rape, and from a judgment of conviction and from an order denying his motion for a new trial, he has appealed. The transcript upon appeal was filed in this court on January 23, 1941, and was orally argued March 4, 1941. No brief upon behalf of appellant was then on file, but at the request of appellant he was granted 10 days in which to file his openi...
Views: 0
This is an action brought by plaintiff and appellant to quiet title to certain real property in the city of Los Angeles and to cancel certain instruments. Respondents Alvin Stubenvoll and Helen Stubenvoll filed separate answers denying the material allegations of the complaint. *754 Defendants Robert W. Atkinson and Margaret Atkinson filed a disclaimer to any right or title in the ...
Views: 9
Upon his plea of guilty to a charge of violating the Corporate Securities Act the defendant was sentenced to imprisonment in San Quentin by a judgment pronounced on September 16, 1938. On March 28, 1941, he moved to vacate that judgment on the ground that the court was without jurisdiction to enter the same. That motion was denied and he appealed from that order, and requested a transcript. A copy...
Views: 3
Petitioner seeks to annul an order of respondent commission denying death benefits to her and her minor child. For a number of years George L. Guth, husband of petitioner, was in the employ of respondent Rubber Company at Sacramento. Twenty-three years prior to his death, and continuing thereafter, he was a stockroom and order clerk. During this time, and in this capacity, he was admittedly an emp...
Views: 1
On the 16th day of February, 1935, the appellant Emil A. Bruder executed and delivered to the appellant Alice E. Coulter a grant deed whereby he conveyed to her certain property in Culver City, Los Angeles County. In the year 1930 Bruder made and executed a promissory note to one Alice Steele Ammerman to secure which he shortly thereafter executed a mortgage to the payee covering a ranch in San Fe...
Views: 15
An appeal from an order admitting to .probate an alleged lost or destroyed will. The court found that the will of Luella Thompson, deceased, was fraudulently destroyed by her husband, appellant herein, following her death. The appeal involves an attack upon the sufficiency of the evidence to sustain the findings and decree establishing the existence of the will, its effectiveness at the time of...
Views: 11
44 Cal. App. 2d 780 (1941) WILLIAM DOSTER NOLAND, Plaintiff, v. VYOLA BUBB NOLAND et al., Defendants; RANDALL DISCOUNT CORPORATION (a Corporation), Appellant; WILFRED L. FARRAR, Respondent. Civ. No. 12425. California Court of Appeals. Second Dist., Div. One. May 14, 1941. Maurice C. Sparling for Appellant. William A. Reppy for Respondent. DORAN, J. The third party claimant appeals from a j...
Views: 16
Defendant appeals from an order granting plaintiff a new trial. The action was brought by plaintiff to recover the physical possession of a $3,000 policy of insurance upon the life of the plaintiff, which, at the time the action was filed, was in the possession of the defendant, his daughter, and in which the defendant was named as the sole beneficiary. How the policy came into defendant’s hands i...
Views: 1
Petitioner, a practicing dentist who had been suspended for a limited period by the defendant board' for unprofessional conduct, filed his petition in the superior court seeking a peremptory writ of mandate directed to said board. He appeals from a judgment which denied him such relief. Petitioner was charged by accusation before said board with “unprofessional conduct” as defined in secti...
Views: 16
This action involves certain water rights on Tule River, a large natural watercourse having its source in the Sierra Nevadas in the easterly portion of the county of Tulare, in this state, and flowing thence in a general westerly direction in its natural channel in the direction of and into Tulare Lake, in the county of Kings. The plaintiffs, Claude M. Jones, W. W. Slayden, and Emma Akin, ...
Views: 9
Plaintiff, by the regularly appointed guardian of his person and estate, commenced two actions to recover stock, or its value if redelivery could not be had, which had been pledged to secure promissory notes evidencing loans *810 made by defendant. The cases were consolidated for trial. Separate findings and judgments for defendants were filed and separate notices of appeal were gi...
Views: 3
44 Cal. App. 2d 822 (1941) LAVINIA STANSELL, a Minor, etc., et al., Respondents, v. SAFEWAY STORES, INC. (a Corporation), Appellant. Civ. No. 2716. California Court of Appeals. Fourth Dist. May 15, 1941. Arthur F. H. Wright for Appellant. Harden, Hervey & Holt for Respondents. BARNARD, P. J. This is an action for damages on account of injuries suffered by the plaintiff minor as a resul...
Views: 10
Plaintiff and respondent instituted this action to recover damages against defendant and appellant corporation for breach of contract respecting the sale of respondent’s crop of oranges. The case was tried without a jury and resulted in a judgment for respondent in the sum of $637.93, from which judgment defendant has appealed. During the first part of November, 1937, respondent, an orange...
Views: 3
Plaintiffs by their complaint filed herein alleged that in the year 1938 and up to June 27th thereof, they were operating a public soft baseball park in the city of Santa Monica; that on or about J une 1st, they were solicited by defendant, through the latter’s agent, to purchase an interest in similar baseball parks operated by defendant in the *840 city of Los Angeles; that negotiations were ...
Views: 10
44 Cal. App. 2d 858 (1941) THE PEOPLE, Respondent, v. MIKE MARVICH, Appellant. Crim. No. 3439. California Court of Appeals. Second Dist., Div. Two. May 16, 1941. Morris Lavine for Appellant. Earl Warren, Attorney-General, and Eugene M. Elson, Deputy Attorney-General, for Respondent. WOOD, Acting P. J. Appellant was charged by information with the crime of robbery, in that on or about March...
Views: 3
This is an action to foreclose a mortgage. A demurrer on the ground that the statute of limitations (Code Civ. Proc., sec. 337, subd. 1) had run was sustained, and the plaintiff has appealed from the judgment of dismissal. The sole question presented is whether the four-year limitation was so extended by the provisions of section 12a of the Code of Civil Procedure as to bring the filing of this...
Views: 4
This is an appeal from an order granting a new trial. The order did not specify that the motion was granted because of the insufficiency of the evidence to sustain the verdict of the jury in favor of the defendants. (Code Civ. Proc., sec. 657.) Defendant Fresno City Lines, Inc., is a common carrier of passengers for hire, and Buck Storey was one of its drivers. Eva H. Nance, wife of Charle...
Views: 15
This is an appeal from a judgment in favor of the plaintiff rescinding conveyances by the deceased, Irma Clark Ryan, of real and personal property to the defendants, on the ground that they were procured by fraud, and awarding plaintiff the reasonable value thereof. An accounting was had to determine the market value of the property. Findings were adopted and filed December 16, 1938. The judgment...
Views: 18
Plaintiffs appeal from a judgment which was rendered against them pursuant to section 629 of the Code of Civil Procedure notwithstanding the verdict of the jury which was previously returned against the defendant, Southern Counties Gas Company of California, for its alleged negligent maintenance of a cement meter box. The action arises out of injuries sustained by appellant Katie Van Rennes when s...
Views: 4
Defendant was charged in count I of the information with the crime of robbery, with the additional charge that at the time of the commission of the offense he was armed with a deadly weapon. In count II he was charged with the crime of assault with a deadly weapon with intent to commit murder. He was also charged with the prior conviction of the crime of murder in the State of Missouri. At a jury...
Views: 15
This is an appeal from a judgment ordering that a writ of mandate issue directing the county of San Diego and certain of its officers to give plaintiff the one thousand dollar exemption on his property provided for in section 1% of article XIII of the Constitution. The facts are not in dispute. Plaintiff enlisted in the United States Navy on November 20, 1932. On April 19, 1934,...
Views: 3
Plaintiff and respondent brought this action in the capacity of administrator to recover damages for the death of the intestate which death he alleged was caused by the malpractice of the defendant and appellant doctor, John W. Warren, and the defendant and appellant Paradise Valley Sanitarium and Hospital in the treatment of respondent ’s intestate at the time she gave birth to her child. Afte...
Views: 8
The plaintiffs below sued to quiet title to certain lands in Santa Barbara County. The defendants having answered, the cause was tried by the court without a jury. Judgment having been entered for plaintiffs and a motion for a new trial having been denied, the defendants prosecute this appeal. On June 30, 1937, the plaintiffs below, as lessors, leased to the defendants certain lands in the leas...
Views: 0
This is an appeal from a judgment in favor of defendants, County of Colusa, and the Board of Supervisors of Colusa County, entered after demurrers to an amended complaint were sustained without leave to amend, and also in favor of the Director of the County Hospital, and two nurses, following orders sustaining their demurrers *917 with right to amend, of which right plaintiff refus...
Views: 28
This action for personal injuries was consolidated with another action brought by the State Compensation Insurance Fund based upon its right of subrogation. The latter action presents no point on this appeal and no further reference to the parties in that action will be necessary. The court, sitting without a jury, found in favor of the plaintiffs and the defendants have appealed from the judgm...
Views: 6
This is a motion to dismiss this appeal from the judgment. Nothing has been filed in this court except the papers on this motion. A certificate of the county clerk and an affidavit of the court reporter, which have been filed herein, set forth facts which sufficiently support the granting of the motion. In addition thereto, one of the attorneys for the appellant, who was present at the hearing, st...
Views: 0
Under the authority of the opinion filed this day, In the Matter of the Application for a Writ of Habeas Corpus on Behalf of Boyd Coon, Steve Daduk, Howard Edmonds, Goodman Brudney, Earl Kinna, Clarence Vicklund, Alan Fite, Ramon Durem, Herbert Naboisek, Frances Schultz, Estelle Fels, Harriet Hoffman, Estelle Cochran, Ida Pollack and Merle Reese, Criminal No. 1761 [ante, p. 531 (112 Pac. (2d) 767)...
Views: 0
This is a motion to dismiss the appeal on the ground that appellant has not filed points and authorities within the time prescribed by law (see Rule V, sec. 1, Rules for the Supreme Court and District Courts of Appeal, 233 Cal. xliii). The facts are: February 16, 1940, appellant filed his notice of appeal. June 1, 1940, he filed a clerk’s transcript. Since that time appellant has not filed his pri...
Views: 0
This is a motion to dismiss an appeal from a judgment entered on December 13, 1940. There is nothing on file here except the moving papers which include a certificate of the county clerk of Orange County. It appears that a motion for new trial was denied on January 21, 1941. Notice of denial of the motion was served on January 22, 1941, and filed on January 23, 1941. A motion to terminate proceedi...
Views: 0
The facts herein are in all material respects the same or similar to those involved in the opinion this day filed in People v. Marr, Criminal No. 613 (ante, p. 760 [113 Pac. (2d) 22].) In this case only one objection to the transcript was made and only one correction sought. It involves only the correction of one word, and is immaterial here for the reasons given in the opinion referred to. The mo...
Views: 0
The appellant was convicted in the Superior Court of Stanislaus County of the crime of burglary of the second degree, á felony. *936The transcript on appeal was filed in this court March 3, 1941. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument on May 13, 1941. No appearance was made for appellant at the time the case was called for h...
Views: 0
Both appellants herein, together with others named, were charged by an indictment with one count of conspiracy to commit pandering, a felony, (Stats. 1911, p. 9; Act 1906, p. 970, Deering’s General Laws 1937) with four counts of pandering and two counts of attempted pandering. Appellant Montgomery was convicted on all counts and appellant Forrester was convicted on three counts of pandering. *8 ...
Views: 23
This action was commenced on February 26, 1940, for the recovery of a sum alleged to be due plaintiff under the terms of an oral contract by which defendant agreed to pay plaintiff the sum of $100 in addition to hourly wages for each house painted by plaintiff. Defendant has appealed from a judgment in plaintiff’s favor in the sum of $4200. Plaintiff is the father of defendant. In December...
Views: 12
Defendant was accused by information of the crime of murder. A jury returned a verdict finding him guilty of manslaughter and he has appealed from the judgment of conviction and from the order denying his motion for a new trial. At about one o’clock in the morning of December 21, 1940, Howard Perks, who had been working on the afternoon shift at an airplane factory, entered Curley’s Café on Sou...
Views: 14
This action was brought to recover for personal injuries, medical expenses, and damages to the automobile of plaintiff. After trial by the court, findings were entered in favor of respondent, and judgment for $1276.40 entered against defendant, who now appeals therefrom. There are, in reality, only two grounds urged for reversal, although they have been subdivided into six by appellant. The first ...
Views: 6
The plaintiffs in three separate actions sued to recover the balances due on three promissory notes. The actions were consolidated. A separate set of findings was made in each action and a separate judgment was entered. From each judgment the defendant has appealed. The controversy arose out of the following facts: Carrie M. Botts, deceased, the maker of the three promissory notes upon which these...
Views: 1
Defendant, executrix of the last will of Gustave Weissbaum, deceased, appeals from a judgment for $67,346.84. The action was tried before a jury and represented a balance of principal and accumulated interest found to be due upon two promissory notes, executed and delivered to Anglo and London Paris National Bank as payee by G. Weissbaum & Co., a copartnership, in which decedent Weissbaum was o...
Views: 2
The respondent moves for an order to have incorporated in and made a part of the record on appeal four designated notices of preferred labor claims; objections to preferred labor claims; and order for payment of certain labor claims made prior to the entry of the judgment which is the subject of the appeal. His affidavit states ‘1 that other and separate claims for labor were filed in said action ...
Views: 4
From an order granting a preliminary injunction upon a complaint asking for the appointment of a receiver and other equitable relief, in which order the trial court also denied without prejudice the application for the appointment of a receiver, the defendants appeal upon a typewritten transcript. The grounds of appeal are: (1) that as to two of the five named- defendants, the court had not acq...
Views: 8
This cause was submitted upon an agreed statement of facts. So far as those facts are material to the questions here involved, they may be thus summarized: M. J. Nolder Distilleries, Inc., owned certain real property upon which Fox-Woodsum Lumber Company placed a mechanic’s lien, and suit was started to foreclose. Ten months and eighteen months thereafter respectively, two purported trust deeds...
Views: 6
The petitioner was committed to the Patton State Hospital at Patton, California, by an order of the Superior Court of San Bernardino County, dated June 5, 1941. Her application for a writ of habeas corpus was denied by the Superior Court of San Bernardino County on August 15, 1941. In a similar proceeding filed in this court she now seeks to be released from restraint under said order of commitmen...
Views: 1
Defendant, a physician, appeals from a judgment upon a verdict in favor of plaintiffs in the sum of $7500 in an action against him for malpractice. On May 26, 1934, plaintiff, Angelina Sales, a 26 year old woman, was in her seventh month of pregnancy; during that day a nail in her shoe pierced the sole of her foot so that it pained her when she walked. Plaintiff removed her shoe and stocking, f...
Views: 8
In this action for personal injuries, the jury returned a verdict for defendants and plaintiff appeals. Respondent Jackson, a messenger in the employ of respondent corporation, was riding a bicycle south on Broadway between Third and Fourth Streets in the city of Los Angeles. As he approached Fourth Street the traffic signal displayed the “stop” semaphore and a line of automobiles travelling south...
Views: 3
Appellant was accused by information of three counts of armed robbery and with three prior felony convictions of larceny and burglary. The three felony convictions were admitted by the defendant before trial. The jury adjudged defendant guilty of the three offenses as alleged and judgment was entered accordingly. The appeal is from the judgment and an order denying defendant’s motion for a new tri...
Views: 1
This is an action for personal injuries alleged to have been sustained as the result of an automobile collision. Upon the conclusion of the introduction of evidence on the question of liability, a motion for a directed verdict by defendants was granted. This appeal is from the judgment accordingly entered. It is contended by appellants that the evidence fails to sustain the trial court in the acti...
Views: 1
Appeals are prosecuted from orders purporting to release “the levy and attachment of real property standing in the record and name of Yana Kai.” The Yokohama Specie Bank on September 11, 1930, recovered a judgment in the sum of $8000.25 against M. Kai and others. This judgment was assigned to Masami Sasaki in July, 1940. Yana Kai was not a party to the action. On July 26, 1940, Masami Sasaki ca...
Views: 4
This is an appeal from an order of the superior court granting the motion of defendant Duer to recall *101 a writ of execution levied upon her real estate and to satisfy the judgment against her. A judgment was obtained on July 7, 1939, by Bank of America National Trust and Savings Association against defendants Duer and Woosley in the total sum of $8,678.87. The judgment was based upon a def...
Views: 2
Plaintiff, respondent herein, was injured while standing on the sidewalk opposite a forty foot red zone marked on the curb, and about twenty inches back from the curb, in downtown Los Angeles, when he was struck by the right rear end of defendants’ truck as it was backing up to the curb on an angle that brought the right rear wheel in contact with the curb some distance ahead of the left wheel. T...
Views: 8
Defendant appeals from an order entered on April 6, 1939, modifying the terms of the interlocutory and final decrees of divorce theretofore entered on September 2, 1937, and November 10, 1938, respectively. The main contention of appellant is that the court below did not have jurisdiction to make the order. The record discloses that the decree was awarded to the wife, respondent here, with a pr...
Views: 6
Petitioners appeal from: (1) An order of the trial court denying their application for a writ of mandate to compel respondent board of civil service commissioners to certify the names of petitioners as eligible from existing registers of the civil service commission to fill the positions of captain, lieutenant, and sergeant of police respectively in the police department of the city of Los Angeles...
Views: 5
From a judgment in favor of defendant after trial before the court without a jury in an action to recover damages for alleged malpractice, plaintiffs appeal. *118 Viewing the evidence in the light most favorable to defendant (respondent), the essential facts are: On December 19, 1938, plaintiff Ruth Ries consulted defendant, a physician and surgeon, relative to an itching in the region of h...
Views: 5
From judgment for defendant in a suit involving money paid for a share in a gold mine plaintiff appeals. In March, 1937, plaintiff entered into an agreement with defendant Coppage, William A. Martin, Jr., and Elbert Whitney by which plaintiff paid in $4000 and was to receive a four per cent interest in the mine. The agreement provided as follows: “That for and in consideration of the ...
Views: 1
Plaintiff recovered judgment against defendants in this suit to foreclose a mechanic’s lien. Defendants moved for a new trial, which was denied. Plaintiff filed a “supplemental memorandum of costs” for $15.50, covering items incidental to the hearing on the motion for new trial, including a per diem of $12.50 for the court reporter who had reported during the trial, $2 notary’s fees ...
Views: 0
The primary question presented by this appeal is whether a conveyance by one joint tenant to the other was fraudulent as to a creditor of both, and if so, whether a declaration of homestead filed by the grantee joint tenant prior to the lien of the creditor’s judgment is effective partially or completely to bar that lien. The creditor—predecessor in interest of appellant—on May 1, 1935, instituted...
Views: 2
47 Cal.App.2d 132 (1941) THE PEOPLE, Respondent, v. ERNEST HERNANDEZ et al., Defendants; RAY HOLGUIN, Appellant. Crim. No. 3470. California Court of Appeals. Second Dist., Div. Two. Oct. 2, 1941. John P. Tobin for Appellant. Earl Warren, Attorney General, and Lewis Drucker, Deputy Attorney General, for Respondent. McCOMB, J. From three judgments of guilty of robbery in the first degree aft...
Views: 4
From a judgment of guilty on fourteen counts of violating section 504 of the Penal Code after trial by jury, defendant appeals. There is also an appeal from an order denying her motion for a new trial. Viewing the evidence in the light most favorable to the people (respondent), the essential facts are: *137Prom August, 1935, to January 1, 1940, defendant was employed as a clerk, stenographer, and ...
Views: 2
Appellant was convicted after trial by jury of violation of section 270 of the Penal Code, which provides that a father who wilfully omits without lawful excuse to provide the necessary food, clothing and medical care for his minor child is guilty of a misdemeanor. The appellant was placed on probation for a period of two years on condition that he pay the amount of $15 per month for the support a...
Views: 6
The plaintiffs sued for declaratory relief and had judgment on the pleadings after an order striking out the answer of the defendant Rosenberg on the ground that it tendered no triable issue of fact. Her appeal from the judgment presents a question of law alone—whether the complaint pleaded a cause of action for declaratory relief. Plaintiff Cecil Cooke Caldwell and defendant Rosenberg are...
Views: 3
The defendant was tried, convicted, and sentenced on three different felonies. Thereafter the district attorney in San Francisco filed an information against him charging the crime of robbery. The defendant entered a plea of guilty. After numerous proceedings had in the municipal court and in the superior court, acting on and ac *149 cepting the plea of guilty, the latter court entered a judgme...
Views: 5
On June 1, 1933, Leroy and Anna Plolt, as owners, leased to respondent Cafe Apollo Company those certain premises in the city of Los Angeles, known and operated as Italian Village Cafe, for the term beginning on said date *152 and ending September 30, 1937. After expiration of said lease, respondent held over as a tenant from month to month, under the terms of the lease, until Apri...
Views: 1
This appeal is taken from a judgment for defendants upon a directed verdict returned by the jury in an action brought by the widow of Wilkens W. Wiswell to recover damages for the death of said decedent, who was killed when struck by an automobile driven by defendant Marvin P. Shinners, who at the time was acting as the agent and employee of defendant Harold E. Shugart Company. Upon completion of ...
Views: 0
Plaintiff commenced this action to recover damages for injuries suffered when he fell through a window of an apartment in defendant’s apartment house which had been rented by his parents. It is alleged in the complaint *165 that a screen in the window had been placed in a defective frame and that it was negligently attached to the window sill. A jury returned a verdict in favor of defendant but...
Views: 5
Plaintiff recovered a judgment in the sum of $3750 as damages for injuries suffered by her when she fell upon a cement walk along the west side of the Castle Arms Apartments. Although the judgment is against both Ruby Rowland and Mrs. G. Buyers, the last named defendant alone has perfected an appeal. Defendant Rowland was the owner of the leasehold of the apartment house in question and appellant,...
Views: 0
Plaintiff sued to quiet title to certain real property situated in the city of Albany. Plaintiff had judgment against all defendants but this appeal is prosecuted solely by defendant, city of Albany. Plaintiff deraigned title through a purchaser who had purchased the property at a tax sale held on September 1, 1938, under the provisions of section 3897 of the Political Code. The essential ...
Views: 3
This appeal is taken by Drakes Bay Oyster Company, a corporation, from a judgment quieting plaintiff’s title to certain tide lands lying between the lines of ordinary high tide and ordinary low tide, and for $300 damages for appellant’s occupation and use of a portion of such tide lands for oyster culture during a period of three years. These tide lands lie within certain esteros or fingers runnin...
Views: 1
Plaintiff, after the death of the original defendant, made a motion to set aside an interlocutory decree of divorce on the ground of extrinsic fraud. From an order denying her motion plaintiff appeals. The motion was submitted on an affidavit of appellant and the oral testimony of Wm. T. Eckhoff who appeared as appellant’s attorney in procuring the interlocutory decree. It is appellant’s position ...
Views: 1
This is an action for damages for personal injuries alleged to have been suffered by three minor plaintiffs by reason of the dangerous and defective condition of a highway. A demurrer was sustained without leave to amend and the. plaintiffs have appealed from the judgment which followed. ' The accident happened on March 30, 1939. Verified claims for damages were filed on June 6, 1939, whic...
Views: 8
The plaintiff commenced this action in the Superior Court of Marin County alleging that the defendant was the owner of certain real property situated in that county subject to a lien in favor of plaintiff for the payment of a monthly charge to plaintiff under the terms of a decree of distribution made in the Probate Court of the County of Sonoma, approving a devise under the will of the father ...
Views: 3
Appellant, executrix of the estate of Charles T. Burch, deceased, appeals from a judgment in the sum of $12,632.49, based upon the liability of decedent as an endorser upon two notes for $10,000 and $50,000 respectively. The notes were executed on April 18, 1932, by Western Hotel Company, a corporation, and were secured by a trust deed of certain Sacramento real estate. A default arose when the...
Views: 5
This appeal by defendant is pre sented on the judgment roll alone, with no record of the evidence. From the findings, the following facts appear: Plaintiff is an insurance solicitor, and defendant an insurance broker, and plaintiff was employed by defendant for a time to work as solicitor for defendant. Prior to his employment by defendant, plaintiff had acquired a selective and confidential list...
Views: 4
Defendant appeals from a judgment for plaintiff in an action in equity to set aside a judgment in a former action in which the same plaintiff brought suit against the same defendant to dissolve a partnership and for an accounting. Plaintiff and defendant had been partners in the business of making and selling patented oilers. Less than one year after the partnership was formed plaintiff su...
Views: 5
is an appeal by plaintiff from a judgment establishing and prorating the residue of a building loan among certain lien claimants. The owners of certain real property obtained a loan to construct buildings thereon and gave their notes and two first trust deeds to secure them. The property was later sold under the trust deeds. An unexpended portion of the loan fund amounting to $4650.53 rema...
Views: 47
The appellant was jointly charged with Wayne Peyton, under section 211 of the Penal Code, with the crime of robbery accomplished by means of force and fear. Both defendants pleaded not guilty. In the progress of the trial, after much incriminating evidence had been adduced, Peyton withdrew his plea of not guilty and entered a plea of guilty of the offense charged. Neither defendant became a witne...
Views: 16
These are appeals from judgments in favor of defendant in actions to recover damages suffered *227 in an automobile collision which occurred shortly after eleven o’clock on the night of August 19, 1939, in the intersection of Tenth and Lime Streets in the city of Riverside. Tenth Street runs east and west and Lime Street north and south. Both streets were paved and were about 40 feet wide betwe...
Views: 6
Plaintiff appeals from an adverse judgment in a suit brought by him against defendant corporation and two of its employees. Defendant corporation in the year 1938 maintained its buildings and grounds on the top of a hill overlooking the premises occupied by plaintiff. On March 2, 1938, excessive rainfall amounting to 5.88 inches fell in twenty-four hours, and flood waters running down the hill dam...
Views: 1
The plaintiffs have appealed from an order transferring the above entitled action from the Superior Court of San Francisco to the Superior Court of the County of Lassen. The complaint contains 72 counts. There were 72 plaintiffs and 504 defendants. Two of the latter were corporations. Another was Clin S. Johnson, sheriff of Lassen County. Thirteen others were deputies of the sheriff. Each count, a...
Views: 4
On the evening of November 23, 1935, after attending the football game between Stanford University and the University of California, the parties hereinafter named were driving north on the Bayshore Highway between Palo Alto and Bedwood City. David Wheeler was driving a Chevrolet coupé. Miss Margaret Martin was seated at his right, Bichard Wheeler, his brother, was seated on the extreme righthand ...
Views: 10
The plaintiff had a judgment against defendant Sanford restraining him from manufacturing or selling cactus phonograph needles made of and from cactus spines of the species, type and character manufactured by the plaintiff. Damages for the unlawful manufacture and sale of such needles were awarded plaintiff against this defendant in the sum of $2792. Judgment also went against the co-defendant ...
Views: 11
The original complaint, filed May 3, 1938, was for rescission of a contract for the exchange of lands and for the cancellation of deeds or in the alternative for damages. It alleged that about May 5, 1933, plaintiffs (33 in number), owners of interests in certain properties in Ventura County, quitclaimed those properties to defendants in exchange for 3715 acres of land in Mexico; that defendants i...
Views: 5
This action involves four financial transactions between directors of plaintiff corporation, all alleged to be part of a plan or scheme whereby one group would sell their stock and the other secure control of the company because of dissension between the two factions thereof. The retrial under the first count of the complaint involved defendants Luton, Cruiekshank, Ferguson, Lyon and Woodward. On...
Views: 8
Plaintiff brought an action under section 749 of the Code of Civil Procedure to quiet title and determine adverse claims to certain real property, alleging that for more than twenty years he had been in actual, exclusive and adverse possession thereof, had continuously paid all taxes thereon, and claimed to own the same in fee “against the whole world. ’ ’ He further alleged that he purchased t...
Views: 2
This appeal presents the question whether a tax lien created by statute against the property of a distributor of gasoline takes precedence over the lien of a chattel mortgage thereon, where the tax accrued and became a lien subsequent to the recording of the chattel mortgage. A further question is whether the lien of the chattel mortgage had ceased to exist when the tax lien attached. If it had it...
Views: 2
Plaintiff brought this action on May 9, 1939, to recover a portion of the money paid by him to the defendant under the system of redemption of property from sale for delinquent taxes and assessments under what is known as the “Ten Payment Account.” (See secs. 3817c, 3817c2, 3817c3, 3817c4, 3817c5, Political Code.) A demurrer to the complaint was sustained with leave to amend. Plaintiff declined t...
Views: 9
Plaintiff appeals from a judgment after verdict against her in this action for damages on account of the alleged wrongful death of her minor child, Teddy. Motion for a new trial seasonably made was denied by the expiration of 60 days from the date of filing of the notice of intention to make the motion. The ground specifically relied upon for the new trial was the conduct of certain jurors in v...
Views: 11
Plaintiff commenced this action to recover on an insurance policy issued by defendant. Defendant filed its cross-complaint demanding rescission of the policy on the ground of fraud. Plaintiff recovered the sum of $500, the face amount of the policy. From the judgment defendant appeals. The court found as facts that on October 10, 1938, one Beaty, a solicitor of defendant, called at plainti...
Views: 2
Plaintiff appeals from an order vacating a summary judgment which had been granted upon its demand. That judgment was vacated twelve days after its entry upon the ground of fraud in its procurement. *304 The factual background out of which the instant controversy arose is as follows: February 13, 1940, plaintiff and defendant entered into an agreement whereby plaintiff sold t...
Views: 7
This appeal is upon the judgment roll. Having attained the age of eighteen months, plaintiff through the guardianship of her mother, Natalie Fernandez, sought by this action to establish the fatherhood of defendant. *309 The complaint alleges, and the court has determined that during the period of about four and one-half months following January 22, 1938, Natalie “at various and sundry time...
Views: 5
This appeal follows judgment after an order sustaining demurrer without leave to amend. The action arose upon a petition for a writ of mandate. On June 14, 1926, petitioner resigned as concrete foreman of the Bureau of Engineering, city of Los Angeles. April 25, 1935, he filed his request for reinstatement with the Civil Service Commission. April 29,1935, pursuant to said request and the r...
Views: 13
Plaintiff appeals from a judgment in favor of defendant Judith C. Newberger quieting her title in certain lands situate in Los Angeles County, California, and declaring her to be the lawful owner of such lands as her separate property. Mrs. Newberger’s defenses to this action were: (1) denial of plaintiff’s claim of ownership, and (2) that defendant Schneirow, as trustee for Mrs. Newberger, rec...
Views: 4
Petition to annul an award of Industrial Accident Commission, fixing the amount of death benefit due the widow and minor children of Ernest F. Ensley. The sole question presented is the method or basis of computation used by the commission in arriving at the weekly disability indemnity and the total death benefit. The right to raise such question in this proceeding is not in dispute. Ensley was ki...
Views: 2
Petitioner seeks release from confinement in the county jail through habeas corpus. In answer to the writ, the sheriff filed his return, which shows that the authority for detaining petitioner is based upon the following order of the court: “The court orders motion for modification of the divorce decree denied, both as to the custody of the child and the amount of the monthly payments, and further...
Views: 21
In an information filed by the district attorney defendant was accused in count 1 of a violation of subdivision 2 of section 337a of the Penal Code, which denounces as a crime the keeping or occupancy of a place with books, papers, devices or paraphernalia for the purpose of record *333 ing or registering bets or wages upon the result of any horse race. Count 2 charged a violation of subdivisio...
Views: 15
This action was brought to recover the sum of $9000 alleged to be due upon a promissory note executed by defendant. The latter filed a cross-complaint to annul said note, upon the ground that it was without consideration. Findings were made in favor of defendant, and judgment was entered that said note and a chattel mortgage given to secure the same were invalid, and it was ordered that said inst...
Views: 7
An indictment was found against appellant, which consisted of three charges of statutory rape. For obvious reasons, the real names of the prosecuting witnesses do not appear in this opinion. Three of said charges wrnre alleged to have been committed upon Jane Doe; twm of said charges upon Elsie Roe; five of said charges upon Mary Black; and five charges of a violation of section 288 of the Penal ...
Views: 14
The plaintiff and cross-defendant appeals from a judgment in favor of defendant and cross-complainant rendered in an action to quiet title to real property registered under the Torrens Act (Stats. 1915, p. 1932, Deering’s General Laws, Act 8589). Plaintiff also attempts to appeal from an order denying a motion for a new trial, from which there is of course no appeal. Defendant is a Michigan ban...
Views: 3
The petition for the issuance of an al ternative writ of mandate is denied upon the following grounds: That section 583 of the Code of Civil Procedure upon which the petition is based does not apply to and may not be invoked for the dismissal of exceptions filed to the final account of an executor or administrator; That in any event under the authorities cited by respondent in opposition to the is...
Views: 1
This is an appeal by plaintiff, Nathan Leff, from a judgment for the defendant, William Knewbow, in an action brought by plaintiff to renew a judgment in the sum of $10,000 in his favor against said defendant William Knewbow, dated June 14, 1934. Such prior judgment was rendered in an action brought by plaintiff against said defendant William Knewbow and two other defendants, based on the alleg...
Views: 7
This is an appeal by plaintiff from a judgment against her in an action to quiet title. Briefly, the facts are as follows: Plaintiff was the owner of certain described property incumbered with a trust deed which had been executed to secure a note in the sum of $5,000 issued by her in favor of one W. D. Van Nostran. The complaint alleged and plaintiff sought to prove that at the time of the tran...
Views: 2
The plaintiffs have appealed from a judgment quieting title in the defendant and cross-complainant, Ruth S. Whitmore, to an easement of a private roadway across a portion of the property of plaintiffs, acquired by adverse use thereof. The appellants assert that the findings and judgment are not supported by the evidence for the reason that it was not affirmatively shown that the use of the...
Views: 4
This was before this court previously (29 Cal. App. (2d) 722 [85 Pac. (2d) 548]). On retrial a judgment was granted to plaintiff. After a motion for a new trial was denied, notice of appeal was duly filed, and in due time a bill of exceptions was prepared and the proposed engrossed bill of exceptions was handed to the clerk of. the court on December 7, 1940. It was not presented to the judge who t...
Views: 1
This an original application for a writ of mandate. Petitioners own property in Stockton, San Joaquin County, upon which taxes were allowed to become delinquent in 1932, 1933, 1934 and 1935, for a total amount of $8439.58, including penalties. Commencing in December, 1936, petitioners have duly followed the ten year payment plan of redemption now covered by sections 4256 to 4263 inclu...
Views: 2
Plaintiff, real estate broker, commenced this action against Samuel E. Gordon and Louis Neubeiser to recover a sum alleged to be due him as commission for the sale of an apartment house owned by defendant Gordon. Each defendant tiled a demurrer and both demurrers were *382 sustained without leave to amend. Plaintiff has filed separate appeals from the judgments of dismissal. Mr. Gordon will her...
Views: 8
Plaintiff this action against defendant Louis Neubeiser and Samuel E. Gordon to recover a commission alleged to have been earned in the sale of an apartment house owned by defendant Gordon. The demurrers of the defendants were sustained without leave to amend. In this appeal plaintiff has appealed from the judgment of dismissal as to defendant Neubeiser. On a separate appeal prosecuted by plaintif...
Views: 6
This is an appeal by plaintiff from a judgment for defendant after trial by the court sitting without a jury. From the record it appears that plaintiff’s assignors, Joe and Mary Brandt, who were husband and wife, delivered to defendant, which was engaged in the jewelry-business, a diamond brooch from which a small stone had been lost, for the purpose of having it repaired by replacing the lost ...
Views: 1
In my opinion, respondents’ petition for a hearing should be granted and this ease should be heard and determined by this court. The background forming the basis for the decision here in question is that the State of California commenced an action in eminent domain against Frank Monteleone and wife, and others to condemn various parcels of land and right of access therefrom, to and onto the public...
Views: 0
Plaintiff appeals from an order dismissing his action for want of prosecution. On July 21, 1936, plaintiff filed suit to enforce the payment of a promissory note which by assignment defendants had guaranteed to pay. A demurrer to the complaint was overruled on August 3rd. On August 5th defendants filed their answer. Plaintiff brought the action to trial January 27, 1937. At the trial evidence w...
Views: 3
Appellant was convicted of a felony, to-wit, violation of section 288 of the Penal Code, and, under a second count, with a misdemeanor, violation of section 702 of the Welfare and Institutions Code. The facts are as follows: On the afternoon of September 1, 1940, while the mother of the child complainant was in Sacramento on a visit, her husband, appellant herein, stepfather of the child, clad ...
Views: 6
This is an appeal from a judgment of dismissal in an action for libel, after a general and special demurrer to the complaint had been sustained without leave to amend, upon the grounds that “the alleged testimony before a committee of the California State Legislature therein referred to was of a privileged character, and the alleged 1935 and/or 1936 publication appearing on the face of the compla...
Views: 7
Appeal from a judgment against the plaintiff, administratrix with the will annexed of the estate of F. B. Mathews, also known as Frank Berry *426Mathews, deceased, in an action to recover certain disability benefits claimed to be due said decedent, the insured, in his lifetime, and certain premiums paid by the insured under a policy of insurance issued by the defendant, The Pacific Mutual Life Ins...
Views: 15
From a judgment for plain tiff in an action to compel a reconveyance of certain real property and for an accounting defendants appeal. *433 Plaintiff is executor of and trustee under the will of Laura Shellabarger Hunt, who died October 22, 1936, at the age of about 89 years. (See Estate of Hunt, 33 Cal. App. (2d) 358 [91 Pac. (2d) 609].) Mrs. Hunt met defendant Bruder in 1918 and her relat...
Views: 3
An interlocutory decree of divorce, based upon the sole ground of extreme cruelty, was entered in favor *439 of appellant on November 24, 1939, under the provisions of which the custody of a minor daughter of the parties was awarded to appellant. The child was about two years of age. The court also found that respondent was not a fit and proper person to have the custody of said minor. Thereaft...
Views: 12
Appellant was found guilty of murder in the second degree, and now appeals from a judgment of conviction rendered pursuant to the verdict, and also an order denying motion for new trial. The sole question presented is the sufficiency of the evidence to sustain the verdict. The victim, Nick George, was the proprietor of a restaurant in the city of Vallejo. Appellant was employed there as a coo...
Views: 14
This is an appeal by defendant company from a judgment against it and in favor of plaintiff city of Oakland, for $3,980.43, damages to public library books contained in the basement of a building, the ground floor and basement of which were occupied as an annex to the Oakland *446Public Library. The owner of the building is also named as a defendant but the trial court gave judgment in his favor. ...
Views: 7
This action was brought by plaintiff and respondent to quiet her title to several parcels of real estate, only one of which is involved in this appeal. Said parcel, located in University Heights in the city of San Diego, was a portion of the estate of Sophie Marie Louise Krauss, who died testate leaving her surviving her husband, Louis Lee Krauss, one of the defendants. Said defendant was appoi...
Views: 3
Claiming that a partnership existed between the plaintiffs, Robert S. Smith, Jr., and Rufus G. Thayer, and the defendant Marvin H. Grove,- the plaintiffs commenced an action to obtain a decree of declaratory relief, the establishment of the existence of the partnership, for an accounting and other relief. The defendants answered. In their answer the defendants set forth many denials and many af...
Views: 4
The executor of the last will of the decedent herein appeals from a judgment and decree of the probate court ordering payment of claims against the estate and embodying certain instructions to the executor. The appeal is taken upon a bill of exceptions and is in reality only an appeal from that portion of the decree which seeks to subject *465 the proceeds of certain insurance policies to the p...
Views: 1
In an information filed by the District Attorney of Los Angeles County, appellant was charged with the crime of robbery, and it was also alleged that he had suffered a prior conviction of a like offense. To the substantive offense of robbery as charged in the information defendant entered his plea of not guilty, and at the commencement of the trial admitted the charged prior conviction Following w...
Views: 1
Plaintiffs appeal from judgments for defendant First Trust and Savings Bank of Pasadena (hereinafter referred to as defendant) in three suits for damages for alleged breach of trust and for an accounting. Defendant Title Insurance and Trust Company was joined in two of the actions as defendant for the reason that it declined to join therein as a party plaintiff. On February 4, 1928, plaintiff Geor...
Views: 2
This is an appeal from a judgment of nonsuit granted defendants in an action for personal injuries suffered by plaintiff as the result of an automobile collision. The judgment was granted on the ground that plaintiff was guilty of contributory negligence as a matter of law. The scene of the accident was on a main highway in Contra Costa County known as the Marsh Creek-Clayton Road, which runs i...
Views: 0
The petitioner, as insurance carrier for John Trolían, seeks to have annulled an order made by the Industrial Accident Commission amending its original findings and award in favor of Prank Miller, who sustained injuries on May 14, 1940, while employed as laborer by Trollan. The injuries arose out of and in the course of Miller’s employment, and in July, 1940, he filed an application with the commi...
Views: 5
A writ of review to determine whether there is any evidence to support an award of compensation by the Industrial Accident Commission based upon a finding that a varicose ulcer from which applicant was suffering constituted a new and further disability proximately caused by an injury for which she had already received medical treatment. The following facts are admitted: The applicant, Mrs. Anna Co...
Views: 6
This is an appeal from a judg ment quieting title to real property in favor of the grantee of a homestead declarant against appellants, judgment creditors of the declarant. The judgment was of record prior to the conveyance to respondents. The facts as stipulated, so far as they are material, are these: In 1930 one De Le Fond recorded a declaration of homestead endorsed upon which the nota...
Views: 4
This action was brought to quiet title to the lands of appellants; to recover damages for injury done to said property; and to abate a nuisance. The trial court found for respondents upon all issues, and the following judgment was entered: “That the ownership and possession of the plaintiffs to the above described property is subject to the prescriptive right of defendants to permit waters...
Views: 6
The defendants, Frank Stahl and Honeut Gold Mines Company, Ltd., have appealed from a judgment quieting title against them to seven mining claims in Butte County, together with mining machinery and apparatus used on the premises. In support of its title the plaintiff relies upon certain deeds of conveyance executed in February, 1934, by the collector of the irrigation district upon sales of the...
Views: 0
Defendants were charged in count I of the information with the crime of robbery, in that they forcibly took from the person of Otto E. Sporrer the sum of $893 in cash and checks. In count II of the information defendant Nickel was charged with the violation of the Dangerous Weapons Control Law of 1923 [Stats. 1923, p. 695; Deering’s Gen. Laws, 1937, Act 1970], as amended, in that he had in his po...
Views: 8
The plaintiff sued to recover damages for personal injuries resulting to her from a collision between herself and an automobile driven by the defendant Tassop, for whose acts in that respect the other defendant, it is conceded, was legally responsible. The case was tried by a jury and judgment in favor of plaintiff was entered on their verdict, from which both defendants appeal. Some of th...
Views: 8
From an adverse judgment in a suit to quiet title to certain real property plaintiffs appeal. The property originally belonged to Marcellus W. Brady, who died in 1902. It was sold to the State of California for nonpayment of taxes in 1918 and was bought in at public auction by Chester A. Bell in 1923. A suit to quiet title was brought by Bell in 1928, with summons served by publication against ...
Views: 8
This is a motion to dismiss the appeal on the ground that it was not taken within sixty days after the entry of the order appealed from. The action was one to recover $361.02 for merchandise sold and delivered. The appellant moved for a change of venue to Los Angeles County on the ground that he resided there and that the goods had been delivered pursuant to a contract, “the greater portio...
Views: 5
From adverse judgments in two suits to recover real property plaintiff appeals. In case No. 13324, plaintiff and her deceased husband in 1922 bought property known as “lot 29, Block D, El Nido Tract,” under a contract which provided for a $50 down payment and monthly installments of $25 each, and shortly *576thereafter assigned their rights under the contract to their son Herbert Smith. The paymen...
Views: 0
The questions on this appeal from an order of adoption involve: (1) The jurisdiction of the superior court of one county to grant an order for the adoption of a minor child, with the consent of the mother, against the objection of its natural father, while there is in force a prior order made by the superior court of another county in terms as follows: “IT IS ORDERED AND DECREED that the minor ch...
Views: 13
Proceedings were taken against pe titioner, a licensed dentist, before the State Board of Dental Examiners, on charges that he had been guilty of unprofessional conduct. After a hearing, the board found the charges to be true and suspended his license to practice dentistry for a period of two years. He then filed in the superior court a petition for a writ of mandate to compel the board to vaca...
Views: 5
Defendants appeal from a judgment enjoining taxation of certain property of plaintiff under the provisions of the Vehicle Code. The case was submitted under a stipulation of facts. The sole question before the trial court was whether plaintiff’s “portable draw works” was (1) a “trailer,” and therefore subject to being taxed under provisions of the Vehicle Code, or (2) “special mobile equipment”...
Views: 1
This is an appeal from a judgment entered upon an order sustaining a demurrer to the complaint without leave to amend. In this action the former husband of the defendant seeks the cancellation of a property settlement agreement entered into between them and which was incorporated in a decree *595 of divorce granted to him several years ago. The ground alleged for cancellation is that when pla...
Views: 6
In action involving a claim against the estate of the decedent Joseph Catucci the trial court sustained a demurrer to the plaintiff’s complaint. Later the trial court caused a judgment to be entered in favor of the defendant. Prom that judgment the plaintiff has appealed. The plaintiff’s complaint alleged the corporate capacity of the plaintiff; that the plaintiff and the decedent entered into ...
Views: 6
Plaintiff appeals from a judgment of dismissal following an order sustaining defendant’s demurrer to the complaint without leave to amend. The sufficiency of the complaint is the sole question for our consideration. The complaint alleges in substance that defendant corporation, engaged in the business of a building contractor, and plaintiff, an experienced and well qualified brick-work subcontr...
Views: 4
Two appeals herein are consolidated and will be considered as one. The first is by Mary Bean Chapin, widow of Lon F. Chapin, deceased, and IT. Mitchell, as trustees under a testamentary trust; and the second is by Mary Bean Chapin as beneficiary under the same trust. Respondents are children of decedent by a prior marriage and are likewise beneficiaries under the provisions of the trust. The ap...
Views: 4
This ease presents appeals taken by both the plaintiff and defendant from a declaratory judgment, and so we shall refer to the parties here as they were referred to below. This is a controversy between a former employee and a former employer as to what, if any, pension the former employee is entitled to receive from the former employer. The case is unique in that for several years both par...
Views: 3
Defendant appeals from an order for the issuance of an execution to collect unpaid amounts which had been ordered for the support of a minor child, together with interest thereon, and from a further order temporarily restraining him from disposing of his property. The parties to this action were formerly husband and wife, and at the time of the divorce in 1935 their daughter was less than ...
Views: 7
Defendants were charged in count I of the information with the violation of subdivision 2 of section *630 337a of the Penal Code and in count II they were charged with the violation of subdivision 1 of the same section. Having been found guilty on both charges at a jury trial, they have appealed from the judgments and from the order denying a new trial. At about 2 o’clock in the afternoon of ...
Views: 9
The plaintiff has appealed from a judgment which was rendered against him in a suit to foreclose a mechanic’s lien, on the ground that the suit was not commenced within the time limited by section 1190 of the Code of Civil Procedure. The suit was not begun within ninety days after the notice of lien was filed. The appellant contends that the statute was tolled pending the appointment of a trust...
Views: 3
47 Cal. App. 2d 639 (1941) LOUIS L. SILVER, Plaintiff and Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association) et al., Defendants and Appellants. Civ. No. 6563. California Court of Appeals. Third Dist. Nov. 7, 1941. Burke & Rawles for Plaintiff and Appellant. Preston & Gibson for Defendants and Appellants. ROSS, J. pro tem. Bank of A...
Views: 0
The facts, so far as material to this appeal, are as follows: John Sutch and Rosa Sutch, defendants and appellants, are the owners of a lot in tract 4948 in Alhambra. This lot, purchased January 26, 1934, faces on a public street known as Waverly Drive. The rear of the lot abuts upon a public alley. The property across the alley is classified as business property. At the time appellants purchased...
Views: 12
This is an appeal from two judgments entered after two separate demurrers had been sustained to plaintiffs’ amended complaint. Plaintiffs sought judgment for large sums of money received as oil royalties, for a decree that certain oil royalties were held in trust for them, and that certain defendants convey those royalties to them. *653This case is an outgrowth of the dealings of Washington H. Och...
Views: 0
The evidence produced, as reflected by the transcript, consumes over 1300 pages. Voluminous briefs have been filed setting forth the points and authorities and arguments of respective counsel. The essential facts in the case may be thus summarized: Respondent owns the westerly portion of lot 9 of the subdivision of Rancho de la Vega, situated in Santa Barbara County. The entire lot 9 conta...
Views: 2
This is an action involving the proceeds of a death benefit certificate issued by a fraternal insurance association. The certificate or policy was originally issued by the Fraternal Brotherhood, a California corporation which was later merged with the Homesteaders Life Association, an Iowa corporation, licensed to do business in this state. That defendant paid the amount due under the policy into...
Views: 0
This is an appeal from an interlocutory decree of divorce and from an order made after that decree was rendered. Plaintiff and defendant were married on July 6, 1930. There are two children the issue of that marriage. The parties separated about December 5, 1936. On November 16, 1936, plaintiff filed an action for separate maintenance and custody of the children, alleging cruelty on the part ...
Views: 0
This was a proceeding in mandate to compel the auditor of the county of San Bernardino to issue a warrant in payment for services performed by the petitioner in preparing a transcript used on a criminal appeal. There is little or no dispute as to the facts. The petitioner has for many years acted as stenographic reporter in Department One of the Superior Court of San Bernardino County. In July, 19...
Views: 0
This is a proceeding in habeas corpus to secure the release of W. D. Cavitt from the custody of the Chief of Police of the city of Los Angeles. Petitioner was a supervisor at the Whittier State School, which is a reformatory maintained for the incarceration and training of boys committed thereto by the juvenile and superior courts of California. On October 25, 1940, by complaint filed in the ...
Views: 2
Petitioners instituted this proceeding in mandamus to compel the City Council of the City of Albany to call a special election for the recall of three elective members of the board of education and one member of the city council serving ex officio as the fifth member of said board. The fourth elective member of the board is not involved. The sufficiency of the recall petition is not challenged,...
Views: 10
Respondent moves to dismiss the appeal in the above entitled action upon the grounds that the appeal is frivolous and without merit; that appellant has failed to pay certain sums of money which the trial court ordered to be paid to enable respondent (appellant’s wife) to defend this appeal; and that appellant has failed to furnish the requisite papers in that he has failed to file either a bill of...
Views: 0
This is an appeal from a judgment in favor of defendants in an action to restrain them by injunction from maintaining or using that portion of their building claimed to encroach about fourteen inches upon plaintiffs’ adjoining property. Two questions are involved: Was the testimony of a civil engineer sufficient to substantiate an encroachment ; and, was there ever established an agreed boundary ...
Views: 4
This is a petition filed by an insurance carrier to annul a permanent disability rating and award of the Industrial Accident Commission on the ground that a report forming a basis of the award was received by the commission after the open hearing of the case, and that petitioner was denied the right to cross-examine the witness making the report upon which the award was based and to introduce evid...
Views: 2
Plaintiff instituted this action against Marshall Oil Company (hereinafter called defendant) and others to quiet its title to property in San Diego County. The complaint was in the usual form. Defendant denied that plaintiff was the owner or entitled to the possession of the property and alleged title and the right to possession in itself. The trial court found all facts in favor of the plaintiff...
Views: 1
This is an appeal from an order granting a motion to terminate proceedings for the preparation and certification of a reporter’s transcript. On September 2, 1939, a judgment was entered against the defendant. On November 4, 1939, a motion for a new trial *722was denied. On November 9, 1939, a notice of entry of the judgment of September 2, 1939, was served on the defendant. No notice of the ruling...
Views: 0
This action was instituted on October 12, 1940, by plaintiff and appellant in two causes of action, the first for the recovery of $14,697, together with interest at 7 per cent from April 8, 1940, and costs alleged to be due from defendants and respondents for work, labor, materials and equipment furnished respondents in connection with the leveling of a tract of land in Riverside County; and th...
Views: 4
Knute B. Norswing died on November 7, 1939. On August 1, 1939, he executed a will which consisted solely of a revocation of all former wills, and in which he stated that this was done to the end that all of his property should descend to his legal heirs. This will was witnessed by H. Ustick and W. E. Askin. On August 3, 1939, he executed another will leaving his entire estate to his wife, which w...
Views: 0
On November 28, 1940, appellant was charged by information with four felonies—two counts of grand theft and two counts of violating the Corporate Securities Act. In the two grand theft counts it was charged that in June of 1937, on two separate dates, appellant unlawfully secured from one Eva C. Metz deeds to two parcels of *738 real property located in Oakland, each parcel being of the approxi...
Views: 12
Appellants, who are members of the Negro race, citizens, residents and qualified electors of the city of Pasadena (two of them being taxpayers of said city), sought by a petition in mandamus to compel the board of directors thereof, the city manager, the superintendent of parks and his employees, to admit appellants to the privileges and facilities of the municipal bath houses and swimming pool, ...
Views: 8
The plaintiff constructed a building upon land set apart to the defendant as a probate homestead. Payment for the improvements was not made, and the pending action to enforce a mechanic’s lien was instituted in the superior court. The trial court found a lien in favor of the plaintiff and applied it to a portion of the probate homestead, and the judgment appealed from followed. The judgment is ...
Views: 3
Petitioners seek by writ of mandate to compel respondent Director of Agriculture of California to forthwith rescind and revoke an order made by him denying milk distributors’ licenses to them, and also to compel said director to issue to each of petitioners such licenses for the year 1941. An alternative writ was issued by this .court, and a demurrer to said petition was filed by the Attorney Gen...
Views: 12
Plaintiff corporation was operat ing as an industrial loan company, having been organized *771 under the statutes of 1917, p. 658, and amendments thereof [Deering’s Gen. Laws, 1937, Act 3603], Defendant C. W. Rairdon was a director of said corporation and a member of the finance committee composed of three directors having authority to pass upon loans. Contrary to the statute and the by-laws of...
Views: 2
This is an action by respondent to recover from the defendants and from appellant Metropolitan Life Insurance Company, a corporation (hereinafter called the Insurance Co.) for total and permanent disability benefits which respondent claims he was entitled to receive under the provisions of a policy of group insurance issued by appellant to respondent’s former employer, Tidewater Associated Oil Com...
Views: 0
This is an appeal from a judgment requiring defendant, as Franchise Tax Commissioner of the State of California, to pay plaintiff the sum of $107.58. This sum represented a claimed overpayment under protest of $48.82, plus $8.84 interest, on plaintiff’s income tax for 1935, and $36, plus $4.36 interest, claimed overpayment on his income tax for 1936, together with $9.56 accrued interest on thos...
Views: 5
This is an appeal upon the judgment roll from a declaratory judgment adjudicating that under the terms of a trust the wife during her lifetime had been vested with, and had exercised a testamentary power of appointment to, one-half of the corpus of the trust, and that accordingly the property did not become a part of the husband’s estate. The appellants are the residuary legatees of the husband. T...
Views: 3
This appeal arose from a proceeding instituted by Amelie R. Sehabiague, the widow, to determine the community character of the property and who was entitled to distribution of the estate of her husband, Thomas Sehabiague, who died intestate on November 10, 1935. The petition revealed that Thomas Sehabiague and Amelie R. Garnaud were married on the 28th day of May, 1908, and remained husban...
Views: 9
Defendant was charged in count 1 of an amended information with the crime of grand theft and in count 2 with violating section 503 of the Vehicle Code. The amended information also charged the defendant with a prior felony conviction, which, before the commencement of the *803 trial, he admitted. Following trial by jury defendant was found guilty of grand theft and acquitted of the charge conta...
Views: 13
This is an appeal from a judgment admitting a lost will to probate, and appointing an executor. Appellant is the widow of the decedent, Emil Flood. By the terms of said will she will receive $1000, plus one-ninth of the residue of the estate. If her husband died intestate, she would succeed to one-half of his property. The will was admitted to probate under the provisions of section 350 of th...
Views: 4
This action was brought to recover damages arising out of fraudulent representations alleged to have been made in respect to the location of the boundary line between the adjoining lots of the parties. Findings were made in favor of plaintiff, and he was awarded damages in the sum of $600. It was also adjudged that plaintiff was the owner of a strip of land lying between said lots. The appeal is f...
Views: 0
This is an appeal by the sole appearing defendant Kathleen McN. Lovelace, on the judgment roll, from a judgment decreeing that plaintiffs are the owners of certain easements, rights of way, and rights in, to and over lands of appellant lying adjacent to property of plaintiffs in San Bernardino County and enjoining defendants, their agents, servants or employees from interfering with plaintiffs’...
Views: 3
Plaintiff appeals from a judgment entered against her on findings made by the trial court after a trial of the issues without a jury. The complaint, as amended, contains three counts. In the first count plaintiff alleges that she paid to defendant Goetz the sum of $49,500 on his promises that he would use it with an equal amount of his money, or property of that value, to form a Nevada corporatio...
Views: 8
Defendants appeal from a declaratory judgment holding that plaintiff corporation is not an employer within the meaning of the Unemployment Insurance Act. Plaintiff corporation brought suit alleging that it is engaged in the manufacture of beer; that it sells it through twenty-six persons, including the six individual plaintiffs, who in turn sell it to ultimate customers; that these persons...
Views: 20
According to appellant, “This is an appeal from a judgment against appellant, Abe Chapman, in a claim and delivery action for the recovery of approximately 214 vending machines taken from the possession of appellant by the Police Department of the City of Los Angeles on or about the 17th day of November, 1936. Said machines were taken from a private warehouse located at 400 South Boylston Stree...
Views: 12
The facts of this case are the same as those set forth in our opinion in Security-First National Bank v. Hauer, No. 13125, ante, p. 302 [117 Pac. (2d) 952], this day filed., Defendant has attempted to appeal from the judgment entered on January 8, 1941, in favor of plaintiff. That judgment, however, was regularly set aside on defendant’s own motion on January 20, 1941. As a result the attempted ap...
Views: 1
The defendant was convicted and sentenced to five days’ imprisonment for driving a vehicle upon San Fernando Road, north of the Lankershim Boulevard intersection, at a rate of speed prohibited by the basic speed law. The basic speed law is set forth in section 510, Vehicle Code, in these words: “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent havi...
Views: 3
42 Cal. App. 2d 301 (1941) BARBARA GRACE, Respondent, v. SOPHIA K. CARPENTER, Appellant. Civ. No. 12194. California Court of Appeals. Second Appellate District, Division One. January 3, 1941. John L. Flynn for Appellant. No appearance for Respondent. Doran, J. This is an action brought under section 206 of the Civil Code wherein a mother sought support from a married daughter. The court be...
Views: 3
42 Cal. App. 2d 303 (1941) MARSHALL E. BROYLES et al., Appellants, v. THE STATE PERSONNEL BOARD et al., Respondents. Civ. No. 12754. California Court of Appeals. Second Appellate District, Division Two. January 3, 1941. Kimpton Ellis for Appellants. Earl Warren, Attorney-General, and Bayard Rhone, Deputy Attorney-General, for Respondents. *305 Wood, J. Petitioners commenced this action to ...
Views: 9
42 Cal. App. 2d 308 (1941) DORA FORMAN, Respondent, v. MAX GOLDBERG et al., Appellants. Civ. No. 6379. California Court of Appeals. Third Appellate District. January 6, 1941. Peter T. Rice and Sydney M. Williams for Appellants. Henry S. Cohen for Respondent. Thompson, J. The plaintiff brought this suit against her parents to declare a voluntary trust in property belonging to her. It was al...
Views: 7
Defendant was charged by information with the crime of petty theft with the prior conviction of a felony. He admitted the prior conviction and a jury returned a verdict finding him guilty. He prosecutes this appeal from the judgment and from the order denying his motion for a new *319trial, and now asserts that the evidence is insufficient to justify the conviction. After banking hours in the afte...
Views: 1
42 Cal. App. 2d 320 (1941) ETHEL MAE EVANS et al., Respondents, v. FONG POY et al., Appellants. Civ. No. 11479. California Court of Appeals. First Appellate District, Division Two. January 7, 1941. Frank M. Carr for Appellants. George R. Vaughns and Frank M. Larche for Respondents. Spence, J. The action was brought by plaintiffs to recover damages for the alleged denial of their rights und...
Views: 8
From an order setting aside a default of the defendant the plaintiff has. appealed. He makes one point which is that he sued an association and also the members thereof and that his judgment was regular and it was error to set it aside. The defendant controverts the point. The record is, in brief, as follows: The title of the complaint was: “Robert G. Burns, Plaintiff, v. Bertram W. Downs, also kn...
Views: 1
This is an original proceeding in certiorari in which the petitioners seek the annulment of the proceedings of the respondent court on a certain appeal from a judgment of the municipal court. In a replevin action in the municipal court, petitioners herein obtained a judgment against Trebor Corporation for the recovery of possession of certain personal property or the sum of $325 in case delivery t...
Views: 1
Plaintiff commenced an action to recover the sum of $159.66 from respondents. The latter filed a cross-complaint for $586.24. After trial by the court, findings were made in favor of defendants upon all the issues raised in the cross-complaint, and judgment was entered in their favor for the amount demanded. Plaintiff now appeals from the judgment. Plaintiff was, during all the times herein mentio...
Views: 1
42 Cal. App. 2d 334 (1941) GEORGE H. HOPPE, Appellant, v. CHARLES B. BRADSHAW et al., Respondents. Civ. No. 2481. California Court of Appeals. Fourth Appellate District. January 7, 1941. Davidson & Bartlett and Fred A. Wilson for Appellant. Swing & Swing for Respondents. Griffin, J. Plaintiff and appellant George H. Hoppe, while walking across a public highway, was struck by an *33...
Views: 6
42 Cal. App. 2d 346 (1941) In the Matter of the ESTATE OF FREDERICK JAY ALLEN, Deceased. HELEN B. ALLEN, as Administratrix, etc., Respondent, v. HARVEY D. ALLEN et al., Appellants. Civ. No. 2909. California Court of Appeals. Fourth Appellate District. January 7, 1941. Atherton & Atherton and A. T. Procopio for Appellants. Adam Thompson and Renwick Thompson for Respondent. Barnard, P. J....
Views: 8
From a judgment for $3,422.38 in favor of plaintiff, defendants Market Street Railway Company, Chester Yon Boden and John Berry prosecute this appeal. The injuries forming the basis of the action were received *356some time after 8:00 P. M. on August 7, 1936, while plaintiff was attempting to board a southbound Fillmore Street streetcar at the northwest corner of Fillmore and Ellis Streets in San ...
Views: 3
42 Cal.App.2d 364 (1941) S. M. MILOVICH, Respondent, v. CITY OF LOS ANGELES (a Municipal Corporation) et al., Appellants. Civ. No. 12135. California Court of Appeals. Second Appellate District, Division One. January 9, 1941. Ray L. Chesebro, City Attorney, S. B. Robinson, Chief Assistant City Attorney, Francis H. Lindley, Assistant City Attorney, and Alfred H. Driscoll, Deputy City Attorney, ...
Views: 8
42 Cal. App. 2d 389 (1941) AXIS PETROLEUM COMPANY (a Corporation) et al., Respondents, v. ISABELLE H. TAYLOR et al., Appellants. Civ. No. 11547. California Court of Appeals. First Appellate District, Division Two. January 10, 1941. William M. Taylor and Solomon Rosenbaum for Appellants. John M. Hall for Respondents. Sturtevant, J. In the plaintiffs' complaint they asked to have a decree en...
Views: 0
42 Cal.App.2d 400 (1941) C. E. FULLER et al., Appellants, v. VISTA DEL ARROYO HOTEL (a Corporation), Respondent. Civ. No. 12683. California Court of Appeals. Second Appellate District, Division Two. January 10, 1941. Henry P. Goodwin and Daly B. Robnett for Appellants. Jennings & Belcher and Louis E. Kearney for Respondent. McComb, J. From a judgment in favor of defendant predicated up...
Views: 3
42 Cal. App. 2d 406 (1941) RAYMOND L. SHELDON et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. Civ. No. 12868. California Court of Appeals. Second Appellate District, Division Two. January 10, 1941. Russell H. Pray and Leroy A. Broun for Petitioners. Marshall & Farnham for Respondents. McComb, J. This is an application for a writ of review of an ord...
Views: 8
42 Cal. App. 2d 409 (1941) THE PEOPLE, Appellant, v. STANDARD ACCIDENT INSURANCE COMPANY (a Corporation) et al., Respondents. Civ. No. 6487. California Court of Appeals. Third Appellate District. January 11, 1941. Earl Warren, Attorney-General, and R. L. Chamberlain, Deputy Attorney-General, for Appellant. Myrick & Deering and Scott and James Walter Scott for Respondents. The Court. Th...
Views: 9
In an action brought by the minor plaintiff to recover damages for the loss of an eye as a result of his falling against a century plant allegedly maintained in a negligent manner by the defendant school district upon the premises of a junior high school, the trial court, on a stipulated statement of facts, granted a nonsuit upon the ground that the verified claim presented to the defendant sch...
Views: 14
This appeal, transferred from the Supreme Court to this court for decision, pursuant to the provisions *424 of article VI of section 4c of the Constitution of the State of California, is from an order of the superior court sitting in probate admitting a document to probate as the last will and testament of decedent. The essential facts are: August 2, 1938, Harvey F. Kenyon died, a resident ...
Views: 1
This is an appeal taken ijy Lucena Burnett, widow of deceased, and by Robert B. Gaylord and Robert B. Gaylord, Jr., her assignees, from an order settling final account and directing distribution of the above-entitled estate. W. I. Burnett died August 5, 1929, at the age of eighty-five. He was survived by his widow, Lucena Burnett, four sons, a daughter, and two grandchildren, who were children ...
Views: 0
This is an appeal by plaintiffs from a judg- ment in favor of the defendants and also in favor of the interveners. Plaintiffs are some of the beneficiaries under the will of Charles H. Roberts, deceased. Defendant Elizabeth Clare Roberts is the widow of said deceased and a beneficiary under said will. Defendants Charles Sims and Earl J. Wherry are also beneficiaries under said will and were named ...
Views: 6
Plaintiff sued for declaratory relief as to the respective rights of himself and defendant Hyman Gorelnilc concerning the division of profits in connection with business operations of the two on the theory that they were operating as partners or joint adventurers. The trial resulted in a judgment that plaintiff was not entitled to any relief. The controversies between the parties arise out of a...
Views: 6
By means of certiorari, A. fi. O'Brien and other duly appointed and qualified prison directors, seek to review and annul the proceedings instituted under article X, section 1, of the Constitution of California, which resulted in their removal from office by the governor. The respondent moved to quash this proceeding on the ground that the executive act of the governor in dismissing the officers...
Views: 13
Plaintiff appeals from a judgment denying her any relief in an action for divorce. Plaintiff and defendant married in 1915. They separated in 1936. Thereafter defendant went to live in the State of Nevada where he resided for a period slightly in excess of that required to obtain a divorce. While so residing in Nevada, defendant there filed an action for divorce and plaintiff employed an attorn...
Views: 2
For a number of years the plaintiff had been engaged in the sale of ice in the City of Santa Monica through distributors who. were paid a salary and commission. The defendants, Rossier, Matheson and Matheson, as copartners, were selling ice out of Culver City under the trade name of Pure Ice Company. The defendants, Jacobs, Sr., Jacobs, Jr., and Tanner, were employees of plaintiff. In March, 19...
Views: 3
This action was instituted by plaintiffs and respondents Thomas E. Walker, Leon Walker, and Clara Mae Walker, minors, by and through their mother, Roxie Walker, now Roxie Coree, as guardian ad litem, to recover for the death of their father, Thomas W. Walker, through the alleged negligence of Filbert Joe Etcheverry and Mariana Etcheverry, defendants and appellants. An amended complaint was file...
Views: 2
Plaintiffs, husband and wife, brought this action to quiet title to two gypsum mining claims in Ventura County as against rights asserted by defendants in connection with their twenty year lease of the property. The in brief form alleges that plaintiffs are the owners and entitled to the possession of the premises, real estate and claims, and that defendants claim an interest therein adverse to...
Views: 2
The defendant was charged with grand theft on the theory that he had embezzled certain sums of money belonging to one Michael J. White. Prior to 1929, the defendant, who is a lawyer, had acted as attorney for White in the probating of his wife’s estate, and had also assisted him in obtaining a pension based upon his services in the Spanish American War. It appears without dispute that over a perio...
Views: 6
This is an action for personal injuries received by appellant on or about the 5th day of March, 1938, *490while walking along Ventura Boulevard near its intersection with Vineland Avenue, and is based upon the alleged negligent operation of an automobile by respondent. At the conclusion of appellant’s case respondent moved for a nonsuit which motion was by the court denied. At the conclusion of th...
Views: 0
C. C. Julian was the lessee of two oil and gas leases. He undertook to drill and operate four oil wells on them, setting up a separate trust as to each, being wells one, two and three on one lease, and well eleven on the other. A bank was made passive trustee to hold title and act as depositary and distributor of funds on them. He was active trustee to operate them. He sold participating intere...
Views: 3
This is an appeal taken by intervener, The People of the State of California, from a judgment of the Superior Court of Kings County, in favor of *506 plaintiff Charles W. List and against defendant V. I. Sandell, and intervener. The action was brought by plaintiff, Charles W. List, against defendant, V. I. Sandell, to have the court determine that plaintiff was the owner, and ...
Views: 2
Harvey E. Bailey, Sr., was the owner of a parcel of real property subject to an indebtedness secured by a trust deed on which he was personally liable. He agreed, in writing, to sell the property to Delya Linstrum, agreeing to pay off this incumbrance in accordance with the terms of the trust deed and then to convey the property to *510 her. After his death the full amount of the i...
Views: 2
While petitioner was employed on June 9, 1934, as a nurse in a hospital operated by the county of Los Angeles she became afflicted with poliomyelitis, an injury arising out of and in the course of her employment. She was then 27 years of age. *513Petitioner filed with the Industrial Accident Commission an application for adjustment of her claim against the county for compensation and on January 30...
Views: 0
This is an appeal by defendant from a judgment, after verdict, in favor of plaintiffs in the amount of $3,500. About 2:30 P. M. on July 18, 1938, plaintiffs, husband and wife, entered the restaurant of defendant, walked across a light colored terrazzo floor to stools located upon a black colored terrazzo platform which was 8 to 10 inches above the floor level. Plaintiff Minnie Mae mounted ...
Views: 2
This appeal is from a judgment in favor of defendant Takeo Takeuchi, after the sustaining of a demurrer to an amended complaint without leave to amend. It is alleged therein that a state highway runs between Colfax and Emigrant Gap, and at the point of the accident here involved the paved portion of such highway was twenty feet wide; that its course was north and south with a five per cent...
Views: 4
This is an appeal from a judgment entered in favor of the state treasurer, after a demurrer to the complaint had been sustained without leave to amend. From the complaint it appears that plaintiff was a corporation engaged in the insurance business in this state. On August 16, 1937, certain taxes became delinquent as 'provided by section 3668b of the Political Code, which section also provided tha...
Views: 4
The appeal in the above entitled action was from a decree ordering specific performance by the executor, Elmer 0. Hurlbert, of a contract entered into between decedent, Andrus Hurlbert, and his two partners, Vincent G. Keyes, the plaintiff and respondent, and Elmer 0. Hurlbert, the defendant and respondent. By that judgment it was ordered that the defendant executor make, execute and deliver to t...
Views: 2
Plaintiff as assignee of one E. Anderson sued to recover damages from appellant bank for the alleged conversion of sixteen checks. The complaint contains thirty-three counts, sixteen of which allege conversion as a result of unauthorized endorsements, count 17 is for money had and received, while the remaining sixteen counts allege conversion by means of forgeries of one Myer Glazer, a codefend...
Views: 1
Plaintiff commenced this action to recover damages for injuries which he suffered when on November 25, 1938, he was struck by an automobile driven by defendant Grosse and alleged to be owned by defendants Stover. Judgment was rendered in favor of plaintiff against defendant Grosse in the sum of $9,000 but the demurrer of defendants Stover to the third amended complaint was sustained without leave...
Views: 7
Defendant appeals from a judgment of $10,000 pursuant to verdict for personal injuries suffered by plaintiff September 14, 1937, while working as cleaner of a wall. The judgment followed the second trial. The bases of the appeal are: (1) The insufficiency of the evidence; (2) fatal variance between plaintiff’s pleading and proof; (3) error in giving certain instructions; (4) errors in refu...
Views: 5
Maria A. Conley has appealed from a ñnal decree entered in an action to partition certain real property *566 by which the rights of the parties were determined and by which the distribution of funds received from the sale of such property was ordered. Gerald E. Arbuckle has attempted to appeal from a minute order granting in part his petition for adjustment of rents. Four other appeals from var...
Views: 1
Appellant and his codefendant Farrell were accused by information of the crime of arson (count 1) and of burning insured property (count 2). Count 1 is based upon section 447a of the Penal Code while count 2 is based upon section 548 of the Penal Code. Both defendants were convicted. Motion for a new trial was granted as to Farrell but from the order denying his motion and from the judgment appel...
Views: 11
Petitioner was convicted in the Police Court of the City of Vallejo on a complaint charging that *575she did “on or about the 8th day of October, A. D. 1940, at and in the City of Vallejo . . . then and there wilfully and unlawfully steal, take and attempt to carry away from the immediate possession of the lawful owner thereof, merchandise of the value of sixteen dollars. ’ ’ To this complaint ' d...
Views: 1
The petition for writs of prohibition and certiorari is denied. Petitioner seeks by this proceeding to restrain respondent court and judge from any further proceedings in a matter pending before said court and judge until the question of the judge’s qualifications is passed upon as provided in section 170 of the Code of Civil Procedure. That section requires that the statement of a party obje...
Views: 3
This litigation is the outgrowth of an automobile accident which occurred about 8:20 o’clock on the morning of December 28, 1936, at a point about one and one-half miles south of Gorman on the “Ridge Route” highway between Los Angeles and Bakersfield. Plaintiff, Emil Fernholtz, who is the appellant herein, was riding as a guest in an automobile being driven by Fred Hughes, hereinafter referred to ...
Views: 2
This action was brought to recover damages arising out of a collision between an automobile and a horse which Frank Hontou was riding. The latter died as a result of injuries received, and the surviving widow and four children are plaintiffs herein. The trial was by the court, and findings were entered in favor of respondent upon all issues. The appeal is taken from the judgment rendered pursuant...
Views: 2
Plaintiff obtained a judgment against defendants as compensation for damage to its wharves caused by the Japanese Steamship Hakonesan Maru which was being brought to the wharves by defendant Oliegreen, a pilot in the employ of defendant city. It is charged that the pilot was negligent in docking the vessel. On a former appeal, taken by plaintiff from a judgment after a ruling that the complaint...
Views: 7
The defendant was convicted on two separate counts of an information. The first one charged him, under section 480 of the Vehicle Code, with failing to stop his automobile, after it was involved in an accident, to *599 render assistance to a pedestrian who was struck by his machine and instantly killed. The third count charged him with driving his machine on the left side of a roadway at a poin...
Views: 20
Plaintiffs Carl G. Sorensen and Mary M. Sorensen, his wife, brought this action against B. P. Arata and A. Lascy to recover a $500 deposit paid by them to Lascy on the purchase price of certain real property owned by Arata in San Mateo County. Plaintiffs contended that Lascy, a real estate agent, and Arata had falsely represented that the land contained 120,000 square feet, when in fact it contai...
Views: 1
On petition of appellant this court issued an order to show cause why a writ of supersedeas should not be granted, with a temporary stay in the meantime. There-after, respondent moved to dismiss the appeal on the ground that the judgment appealed from had been entered upon consent of appellant. Inasmuch as we are of the opinion that the appeal must be dismissed for the reason that the record sh...
Views: 7
Plaintiffs, as residents and taxpayers of the Topanga School District, brought this action against the defendants, as members of the board of trustees of said school district, seeking to have a certain bond election declared void. The trial court entered its findings and judgment in favor of plaintiffs and from said judgment, defendants appeal. *619 The trial court’s findings of fact read in ...
Views: 1
This is an appeal by the plaintiffs from a judgment of nonsuit entered upon motion of the defendant made at the conclusion of the plaintiffs’ affirmative ease. The plaintiffs are seeking by this action to recover from a political entity, a flood control district, for attorneys’ fees and expenses claimed to have been earned or incurred by them in certain so-called “taxpayers’ suits”. On December 7,...
Views: 5
The respondent, Nettie Ford, was appointed guardian of the person and estate of Alexander C. Ewing and letters of guardianship were issued to her on August 14, 1935. She filed her verified account current on December 30, 1938. Exceptions to the account were filed by appellant and thereafter a hearing was held by the court and the account was approved except as hereinafter noted. The appeal is fro...
Views: 1
Plaintiff, a prune grower of Tehama County, brought this action against the Tehama County Dried Fruit Association and the California Prune and Apricot Growers’ Association (each a non-profit cooperative marketing association) to recover the sum of $448, claimed to be due him for some 16,000 pounds of prunes delivered by him to defendants in 1937. The amended complaint alleges, in substance, that p...
Views: 0
A money judgment was obtained in this action by Mike Coviello, plaintiff and respondent, against defendant and appellant, M. P. Mosesian, and others. On January 5, 1940, the following written stipulation was entered into: “IT IS HEREBY STIPULATED that A. P. Coviello, attorney for Mike Coviello, may take two drafts Nos. 1057 and 1052, in the respective sums of $466.80 and $320.00, drawn against ...
Views: 5
This is an appeal from a judgment by the court awarding damages to respondent for personal injuries. The injuries, resulting from electric shock, were received by the respondent while he was performing work as an employee of The California Milk Products Company. Respondent’s employment with the Products Company consisted in carrying out duties both as fireman and common laborer. Upon the occasion ...
Views: 5
A modified final decree of divorce between the parties hereto was entered on July 14, 1936, wherein defendant was required to make certain monthly payments to plaintiff as alimony, and to pay to plaintiff the sum of $500 for legal expenses. Thereafter defendant, having failed to pay this sum of $500, was cited for contempt, but after a hearing the same was dismissed. On May 27, 1938, a motion for ...
Views: 4
Plaintiffs commenced this action to recover damages for injuries which they suffered when they were struck by plaster falling from a ceiling in their bedroom. The trial court sustained a demurrer to their third amended complaint without leave to amend and they have appealed from the judgment of dismissal. It appears from the allegations of the complaint that plaintiffs on February 1, 1936, rent...
Views: 4
Plaintiff has appealed from a judgment in favor of defendants rendered in an action for libel. From the pleadings and the findings of the trial court, which are supported by the evidence, it appears that defendant Warner Bros. Theatres, Inc., was the owner of the Granada Theatre in the city of Santa Barbara and defendant Ralston was employed as manager of the theatre. Plaintiff owned a lunch an...
Views: 5
The decedent Georgia Anna Hebert, who died intestate as to most of her estate, during her lifetime legally adopted Howard Hugh Hebert as her son. At the time of the adoption the interested parties were residents of the state of Washington and the order of adoption was made by a court of that state having the proper jurisdiction. The adopted son predeceased the decedent, leaving as his sole heirs ...
Views: 4
Joseph E. Christian was injured on August 11, 1939, while in the employ of Otis Elevator Co. There is no question but that the injury arose out of and in the course of his employment. Petitioner is the insurance carrier for 1he employer and seeks to annul an award by the commission in favor of the employee. Christian fell and struck his back and head while hoisting sections of an escalator...
Views: 2
Plaintiff sued for reformation of a policy of insurance. The. trial court sustained a demurrer to plaintiff’s amended complaint and thereafter entered judgment in favor of defendant. Plaintiff appeals from said judgment. On November 6, 1937, defendant issued a policy of automobile insurance to plaintiff describing the automobile therein as a 1933 Ford automobile coupe bearing motor number 18-4470...
Views: 1
On August 27, 1937, the plaintiff filed a complaint in equity against Mervin Miller Incorporated, Ltd., and three individuals alleged to be the sole stockholders. On November 5, 1937, the default of the corporation was en*677tered. On December 17, 1937, the action was dismissed as to the personal defendants. On August 19, 1938, the mo= tion of the corporation to vacate its default was granted. On ...
Views: 1
This is an appeal from an order granting respondent’s motion for a change of venue. The question involved concerns the right of a party substituted as sole defendant to a change of place of trial upon the ground of residence. The action was filed in the Superior Court in and for the City and County of San Francisco by the appellant, Julia Vickerson, against A. Terkel, as administrator with...
Views: 2
This action has been pending either in the courts or before the Industrial Accident Commission for some five years. Three referees of the commission each heard a portion of the testimony. Petitioners now seek to annul the second award of the commission, which was to the effect that they take nothing by reason of their claim for benefits based on the death of Murdoch D. Morrison. Petitioner Charlot...
Views: 0
The petitioner seeks her release on habeas corpus from a commitment for contempt based upon her refusal to answer certain interrogatories. Petitioner’s hus *693 band took out a policy of life insurance on December 16, 1939, with the California Western States Life Insurance Company. He died on February 15, 1940, and petitioner sued the company as beneficiary of the policy. The company answered...
Views: 8
The appeal herein involves a consideration of two actions; the first, an action by Mary A. Pritsehe against Thomas P. McCue wherein plaintiff sued as executrix of the estate of her husband and in which action plaintiff recovered judgment. The second action is based upon the judgment obtained in the said first action, which judgment, it is alleged was distributed to Mary A. Pritsehe by administrati...
Views: 0
This is an action for malicious prosecution, the complaint alleging that the defendant had initiated a criminal action in which this plaintiff was charged with drawing and exhibiting a pistol in violation of section 417 of the Penal Code. A jury returned a verdict in favor of the plaintiff in the amount of $1500, and the defendant has appealed from the ensuing judgment and has attempted to appeal...
Views: 0
In this action for personal injuries the plaintiff recovered a judgment for $482, and the defendant has appealed. The accident happened at the intersection of Magnolia Avenue and Fairfax Avenue in the defendant city. Magnolia Avenue runs north and south and Fairfax Avenue east and west. On the occasion in question the respondent, while proceeding north on the easterly sidewalk of Magnolia Avenu...
Views: 2
Appellant herein, the "named insured" in a policy of automobile liability insurance issued by respondent brought the instant action to recover the expense incurred by him in defending a suit for damages arising out of an auto*705mobile accident as well as the amount of a judgment rendered against him in such suit. At the conclusion of the trial, the court directed the jury to return a verdict for ...
Views: 0
Appellants as plaintiffs instituted this action to recover damages for an alleged conversion of certain shares *713 of bank stock and now appeal from a judgment dismissing the said action as to the respondent bank after a demurrer interposed by the bank to the first amended complaint herein was sustained without leave to amend further. The appeal is prosecuted from the judgment of ...
Views: 6
Following his conviction after a trial before a jury on three counts of robbery, defendant prosecutes this appeal from the order denying his motion for a new trial. Epitomizing the facts as they appear in the record, it was testified at the trial that about 1 o’clock on the morning ■ of Monday, June 17, 1940, a Chinese restaurant located at 11916 Ventura Boulevard in the county of Los Angeles w...
Views: 12
This is an action on the part of plaintiff and respondent Vincil Anderson to recover damages from defendant and appellant for personal injuries incurred by respondent as the result of a collision between an automobile in which respondent was riding and one driven by defendant and appellant. The following is a sufficient statement of the facts for the purpose of a decision upon this appeal....
Views: 1
-Petitioner seeks to review and annul an order of the Industrial Accident Commission denying him compensation on a finding that injuries sustained by him did not arise out of, and in the course of his employment. There were two hearings held by respondent commission. The first terminated in a denial of any relief to petitioner upon the ground that the claim was barred by the statute o...
Views: 3
An appeal by petitioners from a judgment denying their application for a writ of mandate to compel the Retirement Board of the City and County of San Francisco to permit their retirement on pension as lieutenants of the police department. At the time of filing the application, each officer had reached the retirement age, with sufficient years of service to his credit, and had made all necessary...
Views: 3
Plaintiff obtained a judgment against defendants Hugh Evans and Ed. Bischoff. Thereafter supplementary proceedings were commenced and Muriel Evans, the appellant, who was not a party to the action, was ordered by the court to appear and answer “concerning her property”. Plaintiff was attempting to conduct the examination in accordance with section 717 of the Code of Civil Procedure. Muriel Evans ...
Views: 2
Mary Olivero, plaintiff and appellant, brought suit against August Rosano and Mary Rosano, defendants and respondents, to quiet title to certain real property. Defendants and respondents filed a cross-complaint in which they named G. E. Olivero and Mary Olivero, husband and wife, as cross-defendants, and in which they alleged that on November 15, 1934, the Oliveros were indebted to defendants and...
Views: 5
This is an appeal from an order denying a motion of defendants for a change of venue. The action was for damages for failure to properly prepare and deliver certain reconditioned steel pipe or drill stem in *749accordance with an oral contract entered into between the parties hereto. The complaint was filed in the county of San Joaquin in which county the plaintiffs resided and had their place of ...
Views: 2
This was an action to quiet title to three parcels of land. The plaintiff, Knud M. Truelsen, died while this appeal was pending and his executors have been substituted. For convenience, we will refer to Knud M. Truelsen as the plaintiff and respondent. The plaintiff purchased these parcels at a sale under execution which was levied to satisfy a judgment for $35,601.57 which he held against the ...
Views: 4
The appellant herein appeals from a judgment in favor of defendants and respondents entered after a trial of the issues in an action brought by appellant for an alleged conversion of certain automobiles. There is no conflict in the evidence. It appears therefrom that at the time of the transactions which gave rise to this litigation, one J. K. Woods was engaged in the retail used car business in t...
Views: 2
Plaintiffs have appealed from a judgment of dismissal entered by the trial court after granting a motion for nonsuit. Plaintiffs’ complaint was in three counts, alleging negligence on the part of the defendant physician in his treatment of plaintiff Doris Anderson. The complaint sets forth the usual allegations as to the plaintiffs engaging the defendant to attend Mrs. Anderson; that she was preg...
Views: 9
On October 4, 1930, plaintiffs and respondents, entered into a contract to sell to John J. Kovaeevich and David Freedman, certain real property in Kern County. On October 29, 1937, in accordance with said contract, plaintiffs and respondents, deeded said real property to John J. Kovacevich, who had acquired the interest of David Freedman. Title to the real property later passed to Ellen Kovacev...
Views: 2
This appeal is prosecuted from a judgment entered upon an order granting a nonsuit at the conclusion of plaintiffs’ case. There is also an attempted appeal from the order granting such nonsuit. The pertinent facts necessary for an understanding of the issues in this case are that Homer Laughlin was the owner of a certain building in downtown Los Angeles, the ground floor and basement of which was ...
Views: 1
From a judgment following an order granting the motion of the defendants for a nonsuit in an action for an accounting the plaintiff has appealed. The pleadings were copious. On the trial counsel stipulated in open court minutely regarding the issues. The judgment roll in a former action between the same parties was freely used by each of them. After the case had been so presented the defendants m...
Views: 1
This is an appeal from a judgment for damages resulting from a breach of contract on the part of defendant, wherein it agreed to purchase grade A milk produced by plaintiffs on their farm near Bakersfield, in Kern County. The case has been here before (O’Hare v. Peacock Dairies, Inc., 26 Cal. App. (2d) 345 [79 Pac. (2d) 433] ; O’Hare v. Peacock Dairies, Inc., 26 Cal. App. (2d) 753 [79 Pac. (2d) 44...
Views: 1
On June 11, 1927, Jean Cazaurang executed a will leaving nine-tenths of his estate to his second cousin Marie Lees, now Marie Lees Thomas. On January 2, 1929, immediately to the right of and below his signature on that will he wrote that date and provisions leaving $1 to the son of his niece and $1 to his wife, and beneath that he again signed his name. Between his signature to the original will ...
Views: 3
This is an appeal by the plaintiff from the judgment of the Superior Court of the State of California, in and for the County of San Mateo, denying a writ of mandate against the defendant. The plaintiff is the owner of Lots 1, 2 and 3, in Block B of Baywood Blocks, located in the city of San Mateo. Being desirous of erecting a gasoline service station he applied for a permit. Lots 1 and 2 are lo...
Views: 6
Respondent, an elderly lady (85 years of age), on or about February 6, 1936, executed a deed to certain real property to her son, Otto Teel. The deed was delivered to appellant, “The Bank of Eureka”, placed in an envelope with another deed to another son with the following instructions typed upon the envelope containing both deeds: “To be delivered upon my death and in no event to be withdrawn by...
Views: 1
Plaintiff, assignee of the payees of two promissory notes, appeals from a judgment in favor of defendant makers of the notes. The main question presented on appeal is whether the trial court erred in receiving testimony of the contents of a collateral written agreement, which defendants *814 claim was lost. Following the trial of the ease, both defendants died and the executor and administrator...
Views: 2
This case comes before us on a motion to affirm the judgment under the provisions of section 1253 of the Penal Code. The clerk’s transcript on appeal was filed in the office of the clerk of this court on November 2, 1940. No reporter’s transcript has been presented or filed. The ease was placed on the calendar of January 14, 1941. No appearance was made for defendant and no brief has been filed in...
Views: 0
The defendant was granted probation after having been convicted of violations of the Corporate Securities Act. He appealed from an order denying his motion for a new trial. A clerk’s transcript was filed on November 9, 1940, and no reporter’s transcript has been filed. No briefs having been filed and no appearance having been made in behalf of the defendant when the cause came on for hearing on Ja...
Views: 0
The respondent having filed a motion to dismiss the appeal in the above-entitled matter, supported by a certificate of the clerk of the superior court setting forth the facts required by Rule VI of this court, and it appearing that all of the grounds stated in said motion are supported by the certificate and the authorities cited, It is hereby ordered that this appeal be, and the same hereby is, d...
Views: 1
The respondent having filed a motion to dismiss the appeal in the above-entitled matter, supported by a certificate of the clerk of the superior court setting forth the facts required by Rule VI of this court, and it appearing that all of the grounds stated in said motion are supported by the certificate and the authorities cited, It is hereby ordered that this appeal be, and the same hereby is, d...
Views: 0
The respondent having filed a motion to dismiss the appeal in the above-entitled matter, supported by a certificate of the clerk of the Superior Court setting forth the facts required by Rule VI of this court, and it appearing that all of the grounds stated in said motion are supported by the certificate and the authorities cited, It is hereby ordered that this appeal be, and the same hereby is, d...
Views: 0
Appellants were indicted for grand theft and violation of the Corporate Securities Act, and a jury trial resulted in their conviction of one or more of the acts charged. They have taken a joint appeal from the judgment. There were nine counts in the indictment, four charging them with grand theft, and five with violation of the Corporate Securities Act. Appellants Flumerfelt and Ardelle were convi...
Views: 1
pro tern. — Plaintiff appeals from a judgment awarding her the sum of $963.05 and asks that the cause be remanded for a new trial upon the sole question of damages, claiming that “the court erred in finding that the sum of $963.05 was a reasonable sum to be allowed plaintiff for general and special damages, in that there is insufficient evidence to support said finding,” also that error arose when...
Views: 10
This is a motion to dismiss the above entitled appeal on the ground that appellants have voluntarily paid the amount of the judgment rendered against them in *15the trial court, thereby rendering the questions on appeal moot. These are the essential facts: Respondent recovered a judgment against appellants in the principal sum of $2,635.28, together with interest at 7% from June 24, 1938, and cost...
Views: 10
These appeals, transferred from the Supreme Court to this court for decision, pursuant to the provisions of article VI, section 4c of the Constitution of the State of California, are from a decree of the superior court sitting in probate in a proceeding to determine heirship, finding that 1) Horace B. English, Charles H. English, and Dorothy English Sampson are the residuary legatees of deceden...
Views: 6
This is an action to set aside a deed on the ground that it conveyed community real property and that the wife had not joined therein. From a judgment in favor of the defendants the plaintiff has appealed. There is no dispute as to the material facts. The appellant was employed by Doctor T. A. MacKay in his dental office for some eighteen months prior to February 20, 1937. On that date the...
Views: 4
pro tern. — This appeal comes up on the judgment roll alone. The outline of the facts chronologically considered is as follows: Annie Penkalski sued Bassel Penkalski for divorce. On August 26, 1926, the interlocutory decree of divorce was„ entered in favor of Annie and against Bassel. The complaint alleged that the parties owned as community property, lot 35, tract 2871, as per book 33, ...
Views: 4
pro torn. — Mary Sorensen executed an holographic will as follows: “MY LAST WILL Dated Sept 18 —1939 “TO WHOM IT MAY CONCERN “My home goes to C. K. Sorensen as a home for him during his life — after that to go to D. S. Jones — Mrs. Frank Clare *36 George Camp to be divided 3 ways. The home to be kept free from morgages and indebtedness. Taxes to be kept paid and property to be kept ...
Views: 10
46 Cal. App. 2d 39 (1941) THE PEOPLE, Respondent, v. WARREN MARR, Appellant. Crim. No. 613. California Court of Appeals. Fourth Dist. July 14, 1941. Benjamin D. Frantz for Appellant. Earl Warren, Attorney General, and Bayard Rhone, Deputy Attorney General, for Respondent. BARNARD, P. J. The defendant pleaded guilty to two counts of an indictment charging him with violations of the Corporat...
Views: 3
The defendant was charged with escaping from an officer. He pleaded guilty and judgment was pronounced on September 16, 1938. On March 28, 1941, he moved in the trial court to vacate the judgment and this appeal is from the order denying that motion. The information charged that the appellant escaped from a deputy sheriff in the county of Orange on or about the 21st day of October, 1936. The appel...
Views: 1
Defendant appeals from a judgment awarding his wife a divorce on the ground of cruelty. His main contention on this appeal is that, if it be assumed that the evidence supports the findings that he was guilty of acts of cruelty, the evidence, as a matter of law, also establishes that plaintiff was guilty of acts of cruelty towards him, so that, under the doctrine of recrimination, pleaded as a def...
Views: 16
This is an action brought by a group of stockholders on behalf of defendant corporation and “all other share holders” against the corporation and two of its directors, viz., F. L. Owens and Sally Simpson, for an accounting and for the removal of such persons as directors and officers of the corporation, upon the ground, based on information and belief, that those persons had used the assets and pr...
Views: 3
This is an appeal from a judgment pronounced on defendant after his conviction of the crime of grand theft. Defendant argues as his sole ground for reversal of the judgment that the information filed against him does not state facts sufficient to constitute a public offense. He did not question the sufficiency of the information in the trial court. The charging part of the information...
Views: 5
The defendant appeals from a conviction of grand theft, based on the verdict of a jury finding her guilty of having stolen $57 from the person of William B. Mize. Insufficiency of the evidence is the only ground of appeal. The cause was submitted to the jury on the testimony of Mize, the defendant, and a police officer. Mize testified that the defendant stole the money from his hip pocket while...
Views: 11
The plaintiff has appealed from a judgment which was rendered against her in a suit to cancel a deed and contract involving the title to an apartment house in Los Angeles, which instruments were alleged to have been procured by fraud. The complaint alleges that the plaintiff was the owner of the three-story Romanesque Villa Apartments at Number 1309 North Harper Street in Los Angeles, of the value...
Views: 0
pro tem. — This is an appeal by Will H. Perry, one of the judgment debtors, from that judgment from which W. G. Lane and Lane Mortgage Company, a corporation, appealed separately in ease Civil Number 2747, this day decided [ante, p. 73.] Judgment was rendered against Perry for the sum of $7,670.47, $4,000 of which was stayed until the ownership of certain personal property was...
Views: 3
Petition for a writ of review. James Katberg was employed by petitioners, trustees of the Western Pacific Railroad Company, as a car inspector in their Stockton freight yards. On March 7, 1936, while Katberg was working in the yards he was run over and killed by a railroad car. No one knows exactly how the death occurred because there were no witnesses to the accident. Decedent was survive...
Views: 5
From orders denying motions to set aside a sale under execution, to set aside the judgment and to dismiss the action, this appeal is taken. In 1935 an action upon a promissory note was commenced by the predecessor in interest of plaintiff against Oswald Watts, the defendant and appellant herein. Defendant was promptly served with a copy of the summons and complaint, and the original s...
Views: 3
pro tem. — This is an appeal from a judgment of dismissal following an order by the trial court sustaining respondents’ demurrer to appellant’s fifth amended eomplaint without leave to amend. *112The complaint alleged that on September 18, 1936, the Bet' ter Housing Association, a corporation, borrowed $3100 from respondent Railway Federal Savings and Loan Association, predecessor in interest of r...
Views: 0
pro tem. — This is an appeal from a judgment of dismissal following an order sustaining a demurrer to the plaintiff’s second amended complaint. Somewhat condensed and summarized, the second amended complaint recites that in the year 1929 the plaintiff and his then wife, since deceased, borrowed the sum of $6,500 from the defendants, evidenced by a promissory note secured by a trust deed on a one-h...
Views: 2
This is an appeal from a judgment awarding plaintiff $33,244.92, being one-half of the profits found to have accrued from the radio production entitled, “Do You *121 Want to be an Actor?”, which was alleged and found to have been produced by plaintiff and defendant as co-partners. The sole ground urged for the reversal of the judgment, is that the evidence is insufficient to s...
Views: 7
Upon this appeal from a judgment of conviction of the crime of grand theft, after trial before the court without a jury, the sole ground of reversal urged is that the evidence is insufficient — specifically, that the testimony of the complaining witness is so “palpably weak and inherently improbable” as to amount to no substantial evidence at all. This contention cannot be upheld. The complaining ...
Views: 0
This in an appeal from a judgment which enjoined defendants from maintaining a picket around the premises of plaintiffs. In fairness to all parties it should be observed that the complaint was filed on August 15, 1937; the cause was tried on October 18, 1937, and the judgment was filed on February 24, 1938, over two years before the decisions by the Supreme Court of the six cases we will hereafte...
Views: 10
This is an action to foreclose a street improvement bond issued pursuant to the provisions of the “City Boundary Line Act” (Stats. 1912, p. 1018), as amended. The proceedings were initiated by a resolution of intention adopted on March 27, 1927. The bond in question was issued on April 2, 1928. Five of the annual payments provided for in the bond were made and a default having been made in the pay...
Views: 0
Appeal from a judgment of conviction and order denying a new trial. Appellant was charged in an information filed November 28, 1940, with three counts of grand theft, under sec. 484, Penal Code. Count one charged larceny in the sum of $321.95; count two, obtaining a sum in excess of $200 by false pretense; and count three, with procuring complainants to report falsely of their wealth and thereby ...
Views: 19
pro tern. — This is an action to require respondent Eva C. Cagle to account for money, property and things of value received by her by reason of dealings and transactions in regard to a government oil and gas prospecting permit. The superior court (Judge Klette sitting) sustained the demurrer of the defendant Superior Oil Company without leave to amend, and a judgment of dismissal was en...
Views: 16
On August 14, 1940, a complaint was filed in the municipal court against defendant under the name of John Millington, charging him with forgery of a bank check in the sum of $12.50. Defendant was arrested in a department store and was taken to a police station; after the policemen had talked to him the defendant led them to *165 his apartment where they found a fifteen year old girl who had bee...
Views: 10
pro tem. — Petitioner and appellant, Ruth R. Kauke, in this action sought a writ of mandamus to compel *179 the defendants, Lindsay Unified School District and the Board of Trustees thereof, to employ her as a full time elementary school teacher under the provisions of the California School Code relating to teachers’ tenure. The trial court denied the petition and...
Views: 2
Petitioner seeks a peremptory writ of mandate commanding the respondent court to increase the bond required of plaintiffs in the case of Weadon v. Shahen, in the Superior Court of San Bernardino County, wherein plaintiffs sought to restrain the sale of certain real property under execution issued on a judgment in another case. The trial judge fixed the bond on the temporar...
Views: 0
While riding in one of the passenger busses of the defendant, Frederick C. Jorgensen fell or was thrown against the back of a seat. He suffered an injury at the time. About three months later he died. Nannie S. Jorgensen, his widow, and four adult children, commenced this action to recover damages alleging that the injury exacerbated a preexisting ailment and caused the death of the decedent. T...
Views: 13
pro tern. — This is an action to cancel certain deeds, to restrain defendants from making certain demands and committing certain acts, and to require defendants to execute waivers respecting certain real and personal property, a summer resort at Waupaca, Wisconsin. There are also a few articles of personal property located in California, but there is no real controversy respecting that p...
Views: 7
Defendants appeal from a judgment for $5,000 in favor of plaintiff, rendered in an action brought by plaintiff for the death of his fifteen-year-old son, Jackie Hernandez, alleged to have been caused by the negligence of defendants. Defendants urge that the evidence is insufficient, as a matter of law, to show that they were negligent; that the evidence .shows, as a matter of law, that Jackie w...
Views: 10
In this action for personal injuries a jury returned a verdict in favor of the plaintiffs. A judgment notwithstanding the verdict which was then entered was reversed by this court (41 Cal. App. (2d) 382 [106 Pac. (2d) 935]), on the grounds that while it was weak there was some evidence of negligence on the part of the defendant and that *214the question of contributory negligence was one of fact r...
Views: 5
On an information charging the joint commission of seven offenses, appellants were found guilty of burglary with explosives as charged in three counts of the information, of burglary in the second degree on a fourth count, and appellant Bauer alone was found guilty of second degree burglary on a fifth count. Both appellants were found by the jury to have been armed at the time of the commission...
Views: 23
pro tem. — This action was brought by appellant to set aside certain deeds to property conveyed by the deceased, Edna E. Rypka, just prior to her death. The deceased owned the Flower Court Apartments as her separate property and a ranch in Baldwin Park, California, which had been acquired after her marriage to the appellant, and which appellant concedes was also her separate property. It stood of ...
Views: 0
Appellants were charged in an information containing three counts with violations of subdivisions 3, 4 and 6 of section 337a of the Penal Code, in that they received, recorded and accepted bets on horseraces outside the enclosure of a racetrack. Trial was had without a jury and upon stipulation the transcript of the testimony taken at the preliminary hearing was considered by the trial judge, who...
Views: 8
This is an appeal from a judgment rendered in two consolidated cases denying reformation of a contract and awarding the Kiener Corporation damages of $6,500 for conversion of personal property, together with attorneys’ fees in the sum of $7,000. The first suit sought to reform a contract with relation to the custody and use of 27,000 “lead cards” and cabinets, together with trade information th...
Views: 6
This is an appeal from an interlocutory judgment of divorce. The complaint alleged a cause of action based upoij extreme cruelty, including a specific reference to a number of particulars and circumstances. It was also alleged that certain property, consisting of a home, household furniture, some barber shop equipment and a balance due on a promissory note, was.community property. The defendant...
Views: 12
Plaintiff appeals from a judgment entered after a nonsuit had been granted on defendant’s motion. The action was to recover for personal injuries suffered when plaintiff was struck by one of defendant’s streetcars in the city of Los Angeles. On the occasion in question, plaintiff while proceeding easterly on the north sidewalk of Santa Monica Boulevard *250 approached its righ...
Views: 1
This is an appeal from an order setting aside a default and vacating a default judgment which had been entered in favor of the appellant and against the respondent. The action was one for personal injuries in which the drivers and owners of several automobiles were named as defendants. The respondent was not named as a defendant but was served as one of the Jane Does, although the complain...
Views: 5
pro tern. — This is an appeal from a judgment in favor of the plaintiff enjoining the defendants, their deputies, agents and successors in office, from enforcing or executing the provisions of an act of the legislature of the State of California, approved May 31, 1927, known as the “Act Concerning Cosmetology,” (Stats. 1927, page 1711) or of any amendment to said act insofar as the same ...
Views: 4
By this proceeding D. R. Brophy, an attorney at law, seeks to annul an order of the respondent Industrial Accident Commission entered on January 3, 1941, sus*279pending him from practicing before the commission for a period of thirty days. The order further provided that, should petitioner, on a future hearing, continue to refuse to be sworn and answer questions relating to his fitness to practice...
Views: 11
Defendants Stoakes and Osmundsen are partners engaged in the real estate business in Oakland under the name of Highland Realty Co. Defendant Jenkins is a real estate salesman employed by the partnership. Plaintiff, Anita H. Thompson, brought the present action to recover from defendants a secret profit alleged to have been made by them in a real estate transaction in which defendants represented ...
Views: 21
In an action to recover damages for libel, the plaintiff charged that the defendants, pursuant to a conspiracy theretofore entered into, caused to be written and published a false and defamatory statement of one Carl Pustau wherein plaintiff, an attorney-at-law, was accused of corruptly influencing or attempting to influence certain high officers of the United States Government. Upon the trial a ...
Views: 9
-Maude L. O’Brien, a daughter of and one of the legatees under the will of William F. Markham, deceased, prosecutes this appeal from a decree of the Superior Court of Los Angeles County, sitting in the exercise of its powers in probate, denying her petition for partial distribution. The decree in question ordered that appellant should receive the sum of one dollar and no more and adjudged that app...
Views: 0
Petitioner sought by writ of mandate to compel respondent board to disregard certain provisions of the “Rules and Regulations for the Operation of the District Retirement Plans of the Los Angeles City School District, the Los Angeles City High School District,” etc. After a demurrer had been sustained without leave to amend, a judgment of dismissal was entered from which petitioner takes this appe...
Views: 1
-This is an appeal from a judgment in an action for declaratory relief rendered in favor of plaintiff and respondent determining that he is entitled to continue to reeeive certain cash benefit payments from defendant and appellant (hereinafter called the association) during the con*329tinuanee of a disability under which he is suffering. There is no material conflict in any of the essential facts ...
Views: 1
This is an appeal from a judgment, in an action for declaratory relief, under which plaintiff was declared entitled to the continued payment of disability benefits under an insurance policy issued to him by defendant. Defendant was denied the relief it sought of cancellation of that portion of the policy under which plaintiff claimed those benefits, because of alleged misrepresentations, concealme...
Views: 8
This is an action to establish and enforce a trust in favor of the plaintiff with respect to certain real property standing of record in the name of the original defendant, Anita Prussing. The court found in all respects in favor of the plaintiff and this appeal is from *349the judgment which followed. Pending the appeal Anita Prussing died and George L. Bates, as administrator of her estate, has ...
Views: 0
A rehearing was granted in this ease in order to give further consideration to the contention of re*357spondent that there is evidence in the record to support the findings and judgment of the trial court. After again reading the record, we are convinced that the opinion heretofore filed correctly disposes of the appeal. We therefore adopt as the opinion of this court the opinion heretofore prepar...
Views: 0
This is an appeal by defendant and cross-defendant Angelus Motors, Inc., a corporation, from a judgment rendered following a verdict by a jury in favor of the plaintiff and cross-defendant Katherine Helmuth and in favor of cross-defendant and cross-complainant Frank Julio in an action for personal injuries arising out of an automobile accident. The only point raised upon appeal is the question ...
Views: 12
The facts are stated in the opinion filed this date in Helmuth v. Frame, Civil No. 11,603, ante, p. 372 [115 Pac. (2d) 846], wherein Angelus Motors, Inc., a corporation, is the appellant. The Commercial Credit Company, a corporation, did not appear in that appeal. Out of an abundance of caution, plaintiff Helmuth and cross-complainant Julio have taken this appeal from the judgment in favor of the ...
Views: 6
The appellants were jointly indicted with one Lyle Eoss by the grand jury of Shasta County in two counts for the crimes of conspiracy to commit grand theft and conspiracy to commit robbery. The charge of grand theft consisted of the stealing of an account book, checks and cash in excess of the sum of $200, belonging to International Hod Carriers and General Laborers Union of America, Local 961. L...
Views: 19
pro tern. — L. E. Dadmun was employed by Inez Watson to represent her in a law suit. After judgment was given in said law suit Inez Watson agreed in writing to pay Dadmun for his legal services. Dadmun assigned to Percival E. Woods the contract and his interest in the money due thereunder. Inez Watson did not pay the money and Woods brought this action to recover. Inez Watson filed an answer, coun...
Views: 1
Plaintiff, a professional acrobatic dancer, while performing her act at a café owned and operated by defendants, became impaled on a large splinter on the floor; and she brought this action to recover damages for the injuries so received, which she alleged were sustained as a result of defendants’ negligence. Defendants denied the allegations of negligence, and as special defense pleaded contribu...
Views: 11
Defendant was charged in counts I and II of the information with the crimes of robbery and burglary. The information contained three other counts which were dismissed during the trial on motion of the district attorney. A jury returned verdicts of guilty on counts I and II and defendant has appealed from the judgments of conviction and from the order denying his motion for a new trial. It is no...
Views: 15
On October 3, 1929, one James White was indebted to respondent Citizens National Trust and Savings Bank of Los Angeles in the sum of $13,000, which amount was subsequently reduced by payments made thereon to the sum of $4,500. On that date he assigned and transferred certain real and personal property to respondent bank in trust, primarily for the purpose of securing that indebtedness. The trust w...
Views: 2
This appeal involves the denial of the right of a third party claimant to present any evidence in support of his claim. The respondent brought action against defendant George J. Fraties and attached eight trucks in his possession. His brother, E. S. Freitas, who spelled his name differently, filed *432a third party claim with the sheriff alleging that he had purchased the trucks from defendant. In...
Views: 22
This is an appeal from a judgment awarding the plaintiffs $4000 as damages for a malicious tort. The action was tried before the court sitting without a jury. The trial court made findings in favor of the plaintiffs and the appeal is from the judgment entered on those findings. It is the second appeal. (Breznikar v. T. J. Topper Co., 23 Cal. App. (2d) 298 [72 Pac. (2d) 895...
Views: 2
By this proceeding petitioner seeks to have annulled an award of the Industrial Accident Commission granting to respondent Gwen Conner compensation for injuries sustained by her while she was in the employ of petitioner as an attendant at the State Hospital at Camarillo. The facts are not in dispute. Respondent Mrs. Conner lived twenty miles away from the hospital where she was employed. She dr...
Views: 11
pro tern. — Appellant appeals from a judgment in favor of respondents, entered in a quiet title action. Appellant filed an action against a large number of defendants to quiet title to certain oil royalty interest. The complaint set forth that appellant was the owner of the property described therein; that defendants claimed an interest .adverse to appellant; and then alleged further: “That the pl...
Views: 7
pro tem. — This is an appeal from a judgment in favor of plaintiff, entered in a quiet title action after appellant’s demurrer was overruled and he declined to plead further, his default being entered. The only issue involved on this appeal is the ruling of the trial court on the demurrer. The complaint alleged in substance that respondent was the owner of certain real property; that appellan...
Views: 3
Plaintiffs, husband and wife, brought this action to quiet their title to certain real property in Oakland, and to obtain a decree that a note secured by a deed of trust on the property had been discharged. From a judgment for defendants, the trustee under the deed of trust and the administrator of the estate of Mary E. Davis, payee of the note, quieting plaintiffs’ title subject to the deed of t...
Views: 1
To a charge of burglary contained in an information filed by the district attorney of Los Angeles County, defendant entered a plea of not guilty. Trial by jury was duly waived, and the cause was submitted to the trial judge upon the reporter’s transcript of the evidence adduced by the people at the preliminary hearing, which transcript was read aloud in open court by the deputy district attorney....
Views: 21
Plaintiff appeals from a judgment in favor of defendant, William A. Pringle, in an action to recover damages for personal injuries arising out of an automobile accident in which such injuries are alleged to have occurred as a result of the concurrent negligence of respondent herein and various other defendants named in the complaint. After issue had been joined through the filing of answers by al...
Views: 18
The above entitled cases, which are actions to recover damages for injuries resulting from an automobile accident, were tried together before a jury in the superior court and by stipulation of counsel are submitted to this court upon a single record and set of briefs. From judgments in favor of plaintiffs, defendants appeal. The evidence being viewed most favorably to plaintiffs (responden...
Views: 13
The petitioner applied to the Industrial Accident Commission to have a certain order terminating liability of the insurance carrier, for injuries received by petitioner in the course of his employment, vacated on the ground that the same was void. The application was denied and the matter comes before this court for a review of the order of the Industrial Accident Commission denying the petition t...
Views: 0
This is an appeal from a judgment and order appointing the father of the minor in question the guardian of the minor’s person and estate. Appellant is the second husband of the minor’s mother and the stepfather of the minor. The question here involves the right, as between the natural father and the stepfather of the child, to appointment as the child’s guardian, under the circumstances presented...
Views: 12
The plaintiff and appellant instituted an action for refund of taxes against the respondent county of Los Angeles and the city of Burbank to recover the sum of $14,550.88, plus interest, being the total amount of taxes paid by the appellant during the years 1936-1937, 1937-1938, and 1938-1939, on account of the Burbank city tax and the Burbank School District and Metropolitan Water District tax...
Views: 6
-This is an action for specific performance and to compel the conveyance of certain real property upon the payment of the purchase price in accordance with the terms of an option agreement. On July 13, 1938, the defendant gave the plaintiff a written option agreeing to sell this land, subject to a lease to a named oil company, at any time within sixty days from date for $2500, payable in cash. ...
Views: 6
The defendants, who are physicians and surgeons, have appealed from a judgment entered against them in the sum of $6000 in an action in which plaintiff based his complaint upon the malpractice of defendants. Plaintiff was injured on June 18, 1938, while in the course of his employment by the Utility Trailer Manufacturing Company as a body builder and welder. The injury consisted of a deep ...
Views: 14
pro tern,. — This is an appeal from a judgment entered upon a jury’s verdict in a fraud action whereby compensatory damages were awarded against both appellants jointly and exemplary damages in differing amounts against them severally. It is claimed, as the sole ground of appeal, *516that the evidence adduced was insufficient to justify the verdict. Defendant Tye, at the time of the transactions i...
Views: 0
In this proceeding in certiorari petitioner seeks to annul an award of the respondent commission in favor of the respondent Grashel. The petitioner was the insurance carrier for Mrs. Alice Johnson, the owner of a ranch. She entered into a contract with one J. W. Gilstrap by which Gilstrap agreed to furnish a crew and pick a crop of olives growing on her land. Gilstrap agreed to do a first-cla...
Views: 6
Once before this action was before this court for consideration. (Lee v. Small Claims Court, 34 Cal. App. (2d) 1 [92 Pac. (2d) 937].) The facts are quite fully set forth therein. After a reversal of the judgment, service was attempted to be made on P. I. Haddan, Sr., as administrator, by publication. His default was entered and he made no appearance at the time set for the further hearing of the c...
Views: 3
Appellant was found guilty by a jury on two separate charges of receiving stolen goods; and at the time of sentence he was adjudged an habitual criminal and sentenced as such to imprisonment in the state prison. Upon appeal the two convictions were affirmed, but the adjudication that appellant was an habitual criminal was annulled, and the cause was remanded to the trial court with directions to r...
Views: 0
pro torn. — From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover damages for negligence, defendant appeals. For some time prior to November 15, 1938, defendant was furnishing electricity to plaintiff at the latter’s brick plant by means of wires supported on a line of poles running across plaintiff’s property. These wires of defendant were attac...
Views: 0
In an action against the owners of a ship for injuries received on the high seas, the plaintiff recovered a judgment for $1000 which was affirmed on appeal. (Hollinger v. Medina, 39 Cal. App. (2d) 753 [104 Pac. (2d) 91].) The plaintiff then filed a cost bill totaling $171.55. The defendant moved to strike the cost bill on the ground that the plaintiff was not entitled to recover costs and the plai...
Views: 2
46 Cal.App.2d 546 (1941) HAROLD J. JOHNSON, as Administrator, etc., Appellant, v. HOME OWNERS' LOAN CORPORATION (a Corporation) et al., Respondents. Civ. No. 2780. California Court of Appeals. Fourth Dist. Aug. 22, 1941. G. Roy Garnett for Appellant. J. V. McDermott and Ewell D. Moore for Respondents. GRIFFIN, J. On April 5, 1934, Louis Johnson delivered a real estate mortgage to responden...
Views: 1
In this action plaintiffs sought to quiet their title to two pieces of real property claiming that both parcels were the community property of their parents or, in any event, that they were the separate property of their deceased father. The plaintiffs, who are the sons of John W. *553 Marvin and his first wife, brought the action against his second wife personally and as administr...
Views: 9
pro tern. — Defendant was convicted of the crime of rape, and he appeals from the judgment and the order denying his motion for a new trial. He also appeals from an order made after judgment denying his motion to “amplify” the record on appeal. This latter motion was filed five days after the rendition of the judgment and by said motion defendant sought to have certain affidavits, attached to h...
Views: 18
pro tem. — Petitioner seeks a writ of certiorari, questioning the legality of proceedings by which his wife was appointed guardian of his California estate upon her petition filed in August, 1935, alleging that he was an incompetent person. Eeferring to said petition, we find that representations were made therein that petitioner herein was incompetent because of disease, consisting of various phy...
Views: 1
pro tern. — In this case D. H. Coyne has appealed from a judgment ordered by the court in favor of plaintiff, first in the sum of $1,000; also from an order granting a motion for a new and different judgment in the sum of $3,000, as well as from an order to conform judgment to findings; and finally, from the $3,000 judgment. The case arose from certain transactions in connection with oil drilli...
Views: 3
R. Y. Hanlon and Martha G. Hanlon, his wife, Thomas D. Aitken individually and as executor of the will of Alice J. Neal, and Harold E. Haven as trustee for Alice J. Neal, appeal from a judgment in favor of defendant and cross-complainant Western Loan & Building Company reforming certain instruments under which the loan company claims title to certain real property, and quieting its title to suc...
Views: 8
46 Cal. App. 2d 605 (1941) In re STELLA CARBONI, on Habeas Corpus. Crim. No. 2198. California Court of Appeals. First Dist., Div. One. Aug. 27, 1941. Ben B. Jones for Petitioner. *607 Ralph E. Hoyt, District Attorney (Alameda), and J. F. Coakley and Cecil Mosbacher, Deputies District Attorney, for Respondent. PETERS, P. J. Petition for a writ of habeas corpus. Petitioner has been adjudged ...
Views: 12
pro tem. — These two eases were tried together and the appeals are presented on a single typewritten record. In each of them the plaintiff sought to enforce a condition subsequent contained in the respective deeds under which defendants derive title and to quiet title against defendants for violation of such condition. The lots involved, lots 32 and 33, were a part of a subdivision consi...
Views: 1
The defendant was convicted on seven separate counts of an indictment. The first three counts charged him with kidnapping different individuals with intent to rob them. These three counts were subsequently amended, by leave of court, by alleging that the kidnappings were accompanied by bodily injuries suffered by the respective victims. Other counts of which the defendant was convicted charged hi...
Views: 8
Subsequent to the submission of this appeal on the merits, Isaac Lionel Ettlinger, by whom the appeal was taken, died, and on August 28, 1941, on stipulation, the representative of his estate was substituted as party plaintiff and appellant, and it was further stipulated that the rights of the parties did not abate upon the death of the said Isaac Lionel Ettlinger. However, the decedent will be h...
Views: 11
This is a proceeding in mandamus to compel the respondent court to dismiss an action pending therein for failure to bring it to trial within five years after the filing of the complaint. (Code Civ. Proc., see. 583.) The action, brought by the people of the State of California by and through the Department of Public Works to condemn a right of way for highway purposes, was filed ...
Views: 10
Petitioner seeks a writ of mandate to compel the dismissal of an action for failure to bring it to trial within five years. (Code Civ. Proc., sec. 583.) An action for breach of a contract for the sale of frozen peas was filed on April 28, 1936, and summons served on defendant, petitioner herein, on April 30, 1936. A demurrer to the complaint, served on or about May 27, 1936, was sustained ...
Views: 15
This case comes before us on a writ of certiorari issued upon the application of petitioner, Alyce J. Helmick, to review an award made after rehearing by respondent Industrial Accident Commission in favor of respondent Safway Steel Scaffolds Company of California, a corporation (hereinafter referred to as “Scaffolds Company”), on the application of petitioner to the commission for additional benef...
Views: 10
This is an action to have a deed adjudged a mortgage and to quiet title. Briefly the record reveals that John H. Machado was the attorney for John F. Silva in his lifetime, and in a transaction between them the property in question, which was owned by Silva, was conveyed to Florence Dias to secure attorney’s fees for services to be performed by Machado for Silva. The complaint alleged, “plainti...
Views: 5
-This is an action to recover $10,000 for services alleged to have been performed for the defendant bank. A motion for a nonsuit was granted and the plaintiff has appealed from the ensuing judgment. The material facts center around the sale of the land, buildings and equipment of the San Diego Army & Navy Academy, a private military school which for many years had been operated in San Diego. The p...
Views: 1
The plaintiff sued for damages for interference with its business. Before a ruling was had on the defendants’ demurrer it was stricken from the files and they filed their answer. They thereafter made a motion for judgment on the pleadings which was granted upon the sole ground that the complaint did not state a cause of action. The appeal is taken on the judgment roll and presents the single ques...
Views: 15
This appeal comes to us on the judgment roll alone. The appellants sued to eject respondents from certain real property. The respondents set up by way of answer an affirmative defense pleading that they were in possession under an express contract under which appellants sold the premises to them and agreed to construct a residence thereon according to agreed plans and specifications; that respond...
Views: 8
The litigation involved in this appeal relates to the controversies among the owners and lease holders of certain oil bearing properties, and the trustees and unit holders of interests in a business or commercial trust created for the purpose of operating part of the property involved. It was begun by the Bell corporation to restrain the alleged unlawful trespass of these trustees by which they...
Views: 7
46 Cal. App. 2d 694 (1941) GEORGE R. BATHKE, Appellant, v. PAUL RAHN, Respondent. Civ. No. 11731. California Court of Appeals. First Dist., Div. Two. Sept. 3, 1941. Philip O. Solon for Appellant. Myron Harris, William H. Older and John Jewett Earle for Respondent. DOOLING, J., pro tem. This is an appeal from a judgment for defendant entered after the sustaining of a demurrer to a second am...
Views: 11
The defendant went on trial to a jury upon an information charging murder and was found guilty of the crime of manslaughter. His motion for a new trial was denied, and this appeal is taken from the judgment on the verdict and from the order denying a new trial. A former conviction of the defendant of murder in the second degree was before this court on appeal, and the conviction was reversed be...
Views: 15
pro tern. — The defendant was convicted of grand theft. The witness Tollner was a German sailor from the S. S. Columbus at that time interned at Angel Island. He testified that on the morning of October 13, 1940, at about 4 a. m., he was on a street in San Francisco and inquired of a man standing by an automobile how to get to the Three Musketeers. The man directed him and then started to talk ...
Views: 1
Plaintiff appeals from a judgment entered in favor of defendant upon an agreed statement of facts. Plaintiff operates certain airline transportation routes in the United States. In connection with its airlines, it maintains offices for general business traffic and ticket sales in a number of cities. Defendant is a national banking association with its principal office in the city of San Francisco....
Views: 5
Appellant was accused by information of the crime of assault with a deadly weapon. He pleaded not guilty and not guilty by reason of insanity, and expressly waived the appointment of an alienist from the state hospital. Two other alienists were appointed by the court. The jury found appellant guilty of assault with a deadly weapon as charged. Thereafter the trial court ordered the trial to procee...
Views: 19
A jury trial having been waived, the court found appellant guilty of the crime of forgery, as charged in an amended information, which also alleged five prior convictions: the first for forgery; the second, fourth and fifth for issuing checks without sufficient funds, and the third for attempted robbery. Appellant admitted the first, second, third and fifth prior convictions, and the fourth was di...
Views: 9
This is an appeal from an order granting a motion for a new trial in a motor vehicle collision case after the jury had returned a verdict in favor of plaintiff in the sum of $3300. The order did not specify the insufficiency of the evidence as a ground for granting the new trial. Plaintiff presents but one ground for reversal of the order. He states the giving of an instruction proposed by...
Views: 13
pro tern. — Defendants appeal from judgments upon verdicts convicting them of manslaughter and assault by means of force likely to produce great bodily harm, and from orders denying their motions for new trial. Defendant Hancock was jailer and defendant Peirce assistant jailer of the Oakland city jail. The convictions followed the death of one Fred Fernelius who died as a result of head injuries r...
Views: 1
pro tem. — The opinion delivered upon a former appeal herein (30 Cal. App. (2d) 30 [85 Pac. (2d) 546, 86 Pac. (2d) 365]) contains a sufficient statement of the nature of the controversy. In that opinion we held that the trial court should have admitted the decree of foreclosure and the sheriff’s deed as evidence tending to prove defendant’s title. They were muniments in an asserted title. (See Bar...
Views: 10
This action involves a forged promissory note for $25,000 dated March 21, 1938, due ninety days after date with interest at 6% per annum, in favor of George D. Smart and purportedly signed by Louis B. Mayer. On the reverse side of the note was a written guaranty of payment signed by the payee and a certificate of acknowledgment of appellant Buchen, a notary public, to the effect that on March 21,...
Views: 2
Petitioner seeks by writ of mandate to compel the issuance by respondent Clerk of the Superior Court of the State of California, in and for the County of Los Angeles, of a writ of execution in an action now pending in the aforesaid court. By way of return to the alternative writ, respondent has filed a general demurrer challenging the sufficiency of the grounds stated in the petition to authorize...
Views: 4
By this proceeding petitioner seeks a writ of mandate to require the respondent court to hear and determine a contempt proceeding based upon the asserted failure of her former husband to make the monthly payments alleged to be due her under the provisions of a judgment of divorce. In 1934 petitioner’s husband, Frederick Petry, brought an action for divorce against her in the Superior Court of L...
Views: 5
pro tern— This is an appeal from a judgment of dismissal entered upon the court’s sustaining, without leave to amend, a demurrer to a complaint in which ap *763 pellant sought to recover damages for an alleged breach of contract. The written agreement between the parties, dated March 28, 1939, is set out in the complaint. In the preamble respondent is described as first...
Views: 4
An information filed by the district attorney of Los Angeles County charged the defendant with the crime of burglary and alleged his prior conviction of a felony. The prior felony conviction was admitted by the defendant, and following his plea of not guilty to the burglary charge a trial by jury resulted in his conviction of the offense of burglary of the second degree. A motion for a new trial ...
Views: 24
Petitioner herein, self insured employer of respondent Eddie Huffman, sought a writ of review from the order of the Industrial Accident Commission amending a decision after a rehearing, which amendment increased the percentage of permanent disability as a result of which petitioner was required to pay Huffman $13.58 a week for 240 weeks and thereafter as compensation for permanent disability $3.34...
Views: 1
This appeal is from the judgments of conviction and from the order denying defendant’s motion for a new trial. Defendant was accused by information charging him in four counts with violating section 288 of the Penal Code, which makes it a felony for a person wilfully to commit a lewd and lascivious act upon the body of a child under the age of 14 years with the intent of arousing or gratifying th...
Views: 20
Plaintiff appeals from a judgment of nonsuit. Plaintiff and defendants are insurance brokers operating in the San Francisco area. The present action was brought to recover brokers’ commissions on certain fire insurance policies on the public school properties of San Francisco. The commissions on such policies, with the exception of $815, were paid to defendants. Plaintiff contends that he, rath...
Views: 3
Respondents as owners of certain real property situate in Santa Barbara County, on June 1, 1936, entered into an oil and gas lease with appellant Olympic Refining Company, as lessee, which provided in part as follows: “3. The Lessee agrees to start the drilling of a well for oil within six months from the date of this agreement, and to continue the work of drilling such well, after commencing t...
Views: 3
By his complaint plaintiff alleged that he was a licensed real estate broker; that as broker for one Walter Gage, and with the latter’s written authority, he offered to sell to defendant certain real property for $47,500; that defendant informed plaintiff that he desired to purchase the property provided Gage would accept certain real property of defendant as part of the purchase price and provid...
Views: 4
Plaintiff commenced this action to recover damages for injuries which he suffered on December 20, 1939, when he was struck by an automobile driven by defendant Mary D. Irvine. When the evidence had been received the trial court instructed the jury to return a verdict for defendants, stating that plaintiff had failed to prove negligence on the part of defendants and also that plaintiff was guilty o...
Views: 5
pro tern. — This is an action to quiet title to undivided interests in real property together with damages for ouster. By virtue of a three-year lease signed by the administratrix of the mother’s estate and expiring October 31, 1936, appellant entered into and held exclusive possession of the Isom Ranch. The parties to this action are brothers and sisters, and through the probate proceedings of th...
Views: 4
The petition for writ of habeas corpus is denied. There is no showing that any evidence of former jeopardy was introduced before the trial court; in fact, the record of the superior court which is before this court fails to show any such evidence. The date referred to in the petition upon which it is alleged the former jeopardy attached is on or about the date of the preliminary hearing had by pet...
Views: 2
This action was filed June 28, 1938, for the foreclosure of a mortgage given by Hollywood Improvement Co., a corporation, to secure a promissory note dated May 1, 1929, in the sum of $25,000, payable on or before one year after date, and made payable to George L. and Pauline A. Eastman, who subsequently became endorsers of the note. The complaint sets forth fully the various endorsements and de...
Views: 2
The plaintiffs sued to recover a sum of money claimed to be due from the defendant as surety on a bond. Judgment was given for plaintiffs, and defendant appeals. Defendant does not deny liability on the bond, but contends that the judgment was awarded for an amount in excess of its liability, and that as against the correct amount it was entitled to have credited the sum of $1200 theretofore paid ...
Views: 4
First Dist., Div. One....
Views: 2
46 Cal.App.2d 857 (1941) THE PEOPLE, Respondent, v. VIRGINIA LOPEZ, Appellant. Crim. No. 3481. California Court of Appeals. Second Dist., Div. One. Sept. 26, 1941. Donald MacKay and Prentiss Moore for Appellant. Earl Warren, Attorney General, and Gilbert F. Nelson, Deputy Attorney General, for Respondent. YORK, P. J. Appellant Virginia Lopez was charged in an information filed by the distr...
Views: 17
46 Cal.App.2d 859 (1941) THE PEOPLE, Respondent, v. JOE ALBA et al. Appellants. Crim No. 1775. California Court of Appeals. Third Dist. Sept. 26, 1941. Percy Napton for Appellants. Earl Warren, Attorney General, J. Q. Brown, Deputy Attorney General, and Thos. J. McBride for Respondent. THOMPSON, J. The defendants were convicted of the crime of grand theft accomplished by means of fraud as ...
Views: 13
The respondent has moved to dismiss this appeal under the provisions of rule Y, section 1 of the Rules for the Supreme Court and District Courts of Appeal. It appears from the certificate of the clerk of the trial court that the judgment appealed from was entered on October 22, 1940, and that a notice of appeal and request for transcript were served and filed on January 6, 1941, but neither a cler...
Views: 3
pro tem. — The defendant was charged in an amended information with the offense of assault with a deadly weapon. He admitted three prior convictions of a felony. A jury found him guilty of the offense charged and he appeals from the judgment of conviction. The clerk’s and the reporter’s transcripts in the action were filed in the office of the clerk of this court on June 17, 1941, and the case was...
Views: 1
The clerk’s and reporter’s transcripts on this appeal were filed in this court on July 1, 1941. No appearance has been made in this court for the appellant. The matter was regularly placed on the calendar for August 12, 1941, and no one then appearing for the appellant the respondent moved to affirm the judgment under section 1253 of the Penal Code. The motion is granted and the judgment is affirm...
Views: 0
Appellants were jointly charged in an information, in count one with the crime of burglary, and in a second count with the crime of assault with a deadly weapon with intent to commit murder. A verdict of guilty *872resulted as to eaeb defendant on the first count and, as to the second count, each was found guilty of assault with a deadly weapon, an included offense. An appeal followed. The clerk’s...
Views: 0
This is a motion to dismiss this appeal. The certificate of the county clerk shows the following: Notice of entry of judgment was served and filed on May 27, 1941. Notice of appeal was served and filed on June 18, 1941. No order to prepare any transcript has been filed and no proceedings for the preparation of a transcript or bill of exceptions are pending. On August 11, 1941, the trial court term...
Views: 2
April 25, 1941, the transcript on appeal was filed in this court. Thereafter, the time for filing of briefs having elapsed, an order to show cause why the appeal should not be dismissed for want of prosecution was issued, returnable September 24, 1941. On the latter date there was no appearance for appellants, either by brief or otherwise. Therefore, pursuant to the provisions of rule V, sec. 3, R...
Views: 3
May 12, 1941, the transcripts on appeal were filed in this court. Thereafter, the time for filing of briefs having elapsed, an order to show cause why the appeal should not be dismissed was issued, returnable September 24, 1941. On the latter date there was no appearance on behalf of appellant, either by brief or otherwise. Therefore, pursuant to the provisions of section 1253 of the Penal Code, t...
Views: 1
May 22, 1941, the transcripts on appeal were filed in this court. Thereafter, the time for filing briefs having elapsed, an order to show cause why the appeal should not be dismissed was issued, returnable September 24, 1941. On the latter date there was no appearance on behalf of appellant, either by brief or otherwise. *875Therefore, pursuant to the provisions of section 1253 of the Penal Code, ...
Views: 0
On July 17,1941, the transcripts on appeal were filed in this court. Thereafter, the time for filing briefs having elapsed, an order to show cause why the appeal should not be dismissed was issued, returnable September 24, 1941. On the latter date there was no appearance on behalf of appellant, either by brief or otherwise. Therefore, pursuant to the provisions of section 1253 of the Penal Code, t...
Views: 0
July 29, 1941, the transcripts on appeal were filed in this court. Thereafter, the time for filing briefs having elapsed, an order to show cause why the appeal should not be dismissed was issued, returnable September 24, 1941. On the latter date there was no appearance on behalf of appellant, either by brief or .otherwise. Therefore, pursuant to the provisions of section 1253 of the Penal Code, th...
Views: 3
July 31, 1941, the transcripts on appeal were filed in this court. Thereafter, the time for filing briefs having elapsed, an order to show cause why the appeal should not be dismissed was issued, returnable September 24, 1941. On the latter date there was no appearance on behalf of appellant, either by brief or otherwise. Therefore, pursuant to the provisions of section 1253 of the Penal Code, the...
Views: 2
In the instant case, an action by the assignee of a landlord having been filed against the assignee of a tenant to recover certain rental alleged to be due under a *878 lease, the tenant’s assignee undertook to file a cross-complaint asking both for declaratory relief and for certain damages exceeding the amount within the jurisdiction of the municipal court. Thereupon the defendan...
Views: 5
The defendant in an action for divorce appeals from an order modifying the alimony provisions of the interlocutory decree, from an order denying his motion for a reduction of the award, and from the final decree of divorce. Plaintiff was granted an interlocutory decree of divorce on April 4, 1934. The decree carried an award of $65 a month as alimony. In December, 1937, defendant filed a motion...
Views: 9
The plaintiff sued for declaratory relief and for damages for the alleged breach of a written contract. The defendant Security-First National Bank of Los Angeles filed an answer admitting all the allegations of the complaint and joined with the plaintiff in a prayer for the same relief which she sought, the position of the bank being that of an assignee of a portion of the interest in the oil lea...
Views: 12
The defendant was tried before a jury upon an information charging burglary of an oil service station located at 200 Carl Street in San Francisco. From the judgment following a verdict of guilty and from the order denying a new trial he brings this appeal. The oil station was entered and valuable property taken therefrom during the night of June 7th, or early in the morning of the 8th. At about...
Views: 14
This action was brought to recover damages arising out of alleged plagiarism on the part of defendant, of a moving picture scenario which was the composition of plaintiff. A general demurrer to the amended complaint was sustained without leave to amend. This appeal is prosecuted from a judgment of dismissal thereafter entered against plaintiff. The sole question involved is whether or not the a...
Views: 13
This is an appeal from a judgment refusing to reform or terminate a trust. Dora Horn was the widow of Nathan Horn and the mother of Lottie Horn, who was at one time known as Lottie Starrels and now is Lottie Lissauer, and Harry Horn. When Nathan *469 Horn died in 1927, his widow came into possession of approximately $55,000, as the beneficiary of certain policies of life insurance. She was in...
Views: 2
The defendant company appeals from a judgment in favor of the State determining that defendant as surety for the Bailey Brewing Company is liable for taxes assessed by the State Board of Equalization under the California Beverage Tax Act (Stats, of 1933, chap. 178, p. 625), in connection with the sale of beer manufactured by the Bailey Brewing Company and sold by the receiver of that company pursu...
Views: 8
Appeals by plaintiffs Alice R. Cragun and Cal Cragun, wife and husband, and cross-complainant W. C. Davis, from judgments severally entered against them in a personal injury action in favor of defendant and cross-complainant Sigmund Eisner Company, Western, a corporation. Since the rendition of 1he judgment, Myrtle Davis, administratrix of the estate of W. C. Davis, has been substituted as cross-c...
Views: 1
On August 10, 1939, a truck being operated by defendant Kenneth Loyd collided with an automobile being operated by Joaquin Rodriquez. The latter commenced action No. 19,622 to recover damages. Others riding in the automobile with him commenced action No. 19,623 to recover damages. The numbers indicate the records of Monterey County. The actions were tried together. In the first action the trial c...
Views: 5
This action was commenced by Ovie Ruff Jones and Naomi Brantley, husband and mother respectively of Ila Mae Jones, deceased, to recover damages for the wrong *499 ful death of Ila Mae Jones and for personal injuries suffered by plaintiff Ovie Ruff Jones, alleged to have been caused by the negligent operation by the defendants of a motor truck and trailer. A jury returned a verdict ...
Views: 13
Contestants appeal from an order admitting a witnessed will to probate over their objection that it had not been properly executed as required by section 50 of the Probate Code. The other grounds of contest were dismissed at the trial. Proponent is the wife of decedent, whom he married on February 20, 1936. The questioned document is dated April 8, 1936. Contestants are the sister of decedent, ...
Views: 8
Plaintiff brought this action in San Francisco to recover premiums claimed to be due on three policies of workmen’s compensation insurance, issued by plaintiff to defendant for the years 1937, 1938, and 1939, respectively. Defendant moved for a change of place of trial to the county of Los Angeles; and he has appealed from the order denying his motion. Section 395 of the Code of Civil Procedure...
Views: 5
Appeal on the judgment roll alone from a judgment in favor of plaintiffs in the sum of $1617.60, which amount the court found due from defendants to plaintiffs as their share of the proceeds from oil produced by the “Hub No. 1” well at Signal Hill. Defendants had cross-complained for the sum of $65,000 for moneys alleged to have been paid by defendants to and for the benefit of plaintiffs. The cou...
Views: 1
On October 11, 1937, plaintiff filed her original complaint in this action to establish a trust in oil royalties in her favor and to quiet her title to the royalties. A second amended complaint was filed on March 17, 1939, to which general and special demurrers to each of the three causes of action were sustained without leave to amend, after counsel for plaintiff had stated to the trial court ...
Views: 11
The defendant was charged with rape and in second and third counts with violations of section 288 of the Penal Code. He was found guilty on all three counts and has appealed from the judgment and ■ from an order denying his motion for a new trial. The first two counts involve a 10-year-old girl named Barbara and acts alleged to have taken place on April 13, 1940. The third count involves Barbar...
Views: 13
This action was brought to quiet title to several lots in the city of Los Angeles. General and special demurrers to the complaint were filed by defendants, Bank of America National Trust and Savings Association, Capital Company, Sebastian Kraemer, D & B Oil Company, Dawn Oil Company, Arthur C. Fisher, Petroleum Midway Company, and Owen E. Kupfer. The court sustained all of said demurrers withou...
Views: 21
Plaintiff as alleged assignee of a mortgage on a one-half interest in real property situated in San Mateo County brought this action in foreclosure thereof. The trial court found that the assignment was sham and fictitious, was never recorded and that no consideration was given therefor, and gave judgment in favor of defendants and certain cross-complainants, from which judgment plaintiff appeals...
Views: 0
Defendant, upon pleas of guilty, was convicted of two offenses of receiving stolen goods, and also of two prior convictions for which he had served terms in the state prison, both felonies enumerated in § 644 of the Penal Code. By the judgment he was adjudged to be an habitual criminal and sentenced to twelve years to life at Folsom, the sentences on the two offenses to run concurrently. About a ...
Views: 7
W. P. Gardiner being deceased, his will was admitted to probate in the Superior Court of Los Angeles County on May 12, 1900. Having bequeathed his property to a .trustee to hold in trust for the use and benefit of his three children, towit, the petitioner and respondents herein, the decree of distribution was entered January 3, 1902. Following the terms of the will, the decree distributed the r...
Views: 13
The plaintiffs have appealed from a judgment which was rendered against them in a suit for damages against the directors of Lake County Farmers Mutual Fire Insurance Company as a penalty for failure to levy an assessment to pay the loss sustained on account of a fire, pursuant to section 7018 of the Insurance Code of California. The complaint alleges and the court found that the Lake County Far...
Views: 0
The defendant, Allen F. Harnett, for about four years prior to September 30, 1936, was the tenant of a dwelling owned by plaintiff, and on that date the tenancy was extended by the execution of a lease for two years at a monthly rental of $110, which provided also for the payment of attorney’s fees in case action was brought for a breach of the lease. Defendant continued in possession of the pr...
Views: 5
In an information filed by the district attorney of Los Angeles County, Clifford R. Stowell and Leonard McWhorter were accused in four counts of the crime of *581 grand theft and in three counts of violation of the Corporate Securities Act (Stats. 1917, p. 673, and amendments thereto; Deering’s Gen. Laws, Act 3814). Defendant Stowell pleaded guilty to two counts of the information,...
Views: 11
From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover $22,702, the alleged reasonable value of services alleged to have been rendered to defendants, defendant C. N. Erickson appeals. *587The evidence being viewed most favorably to plaintiff (respondent) , the essential facts are: Plaintiff, a physican and surgeon, in 1925 conceived the idea of ma...
Views: 1
From a judgment in favor of plaintiff after trial before the court without a jury in a declaratory relief action by which plaintiff sought to have it declared that he was blanketed into the civil service of respondent city as an “auto machinist”, because of the provisions of section 121 of the charter of respondent city adopted July 1, 1925 (Stats. [1925] 1069), defendants appeal. The essential st...
Views: 5
This is an appeal from an order of the probate court denying appellant’s petition in which she asks the court to direct the payment of $150 per month from the estate of Homer Sager, deceased, to petitioner as the guardian of the person and estate of Clara Sager, an incompetent person. Homer Sager died on January 4, 1940, leaving a will by which he left all of his estate in trust, the income, and i...
Views: 0
Defendant was convicted after trial by jury of violating section 288 of the Penal Code. This appeal is from the judgment and order denying his motion for a new trial. The evidence being viewed most favorably to the people (respondent), the essential facts are: In the spring of 1940 defendant on two separate occasions committed an act prohibited by section 288 of the Penal Code, to wit: He kis...
Views: 23
John W. Easterday appeals from a decree of final distribution entered in the estate of his father. The decedent devised his estate to respondent American Trust Company in trust to pay the net income to his son, the appellant, for life, and upon his death to convert the corpus into money or bonds, to be delivered to descendants of the testator’s predeceased brother, of two predeceased sisters, and ...
Views: 0
This is an appeal from a summary judgment made August 2, 1939, against appellants Easley under section 437c of the Code of Civil Procedure for the sum of $2416.33 and costs, it being contended (1) that the affidavits of respondents filed in connection with their motion for summary judgment are insufficient to support such judgment; (2) that appellants’ affidavit filed in opposition to said moti...
Views: 2
The appellant city appeals from a judgment herein whereby appellant, as defendant, “is perpetually enjoined from causing or permitting the surface waters on Atlantic Avenue or Hill Street, or the intersection of said streets, in the City of .Long Beach, State o£ California, resulting from rainfall, usual in nature and not extraordinary or unprecedented, to flow upon plaintiff's real property at...
Views: 2
This cause comes before us on the application of the above-named petitioner to review an award made by the Industrial Accident Commission in favor of J. A. Crane, Pacific Fidelity Owners, Ltd., and National Automobile Insurance Company, a corporation. The record discloses that petitioner was employed in the capacity of a horse trainer and ranch hand by respondents J. A. Crane and Pacific Fidelity ...
Views: 0
The petition for writ of mandate is denied, for the reason that the petition shows upon its face that it is premature, and that the civil service board is merely holding in abeyance the action which petitioner seems to think it may possibly take. According to the petition herein, the charter of the city contains the provision that,1 ‘ The power of creating classifications of employees in the class...
Views: 2
This action was brought to recover the sum of $669.61, and interest, on account of taxes due under Unemployment Insurance Act, Stats. 1935, chap. 352 [Deering’s Gen. Laws, 1937, Act 8780d], Findings and judgment were *670 in favor of defendants. Plaintiff appeals from the judgment roll alone. The defendant, Arrow Mill Company, is a corporation organized and existing under and ...
Views: 6
The defendant has appealed from a judgment which was rendered against it in a suit on an oral contract to pay plaintiff overriding commissions on wine sold by a third party, and for the balance of the purchase price of plaintiff’s equipment. The appellant contends there is an absolute failure of proof of the “general scope and meaning” of the contract as alleged in the complaint, pursuant to secti...
Views: 6
Plaintiff, a judgment creditor of Frank D. Feliciano, brought this action to have set aside and declared invalid, a declaration of homestead on property in San Luis Obispo filed by Vernie Belle Feliciano, wife of Frank D. Feliciano. Defendants had judgment and plaintiff has appealed. The facts of the case are not in dispute. Mr. and Mrs. Feliciano and their children lived on the property i...
Views: 4
The instant action is one for damage to real property occasioned by the alleged failure of a bulkhead and the consequent deposit upon plaintiff’s land of silt and debris which was carried thereupon from the property of defendant Vidor by the heavy rains of March, 1938. It appears from the record herein that upon the completion of the trial and oral argument on March 1, 1939, the cause was submitte...
Views: 2
By this action plaintiff and appellant sought to have the court define the interest of plaintiff in a certain trust, to declare the trust terminated, for an accounting, and to have distributed to plaintiff an undivided one-tenth interest therein. Upon the death of Francis Ganahl in 1916 a trust was created by his widow and children by conveying the property to the predecessor of the defendant bank...
Views: 5
This is an appeal from an order vacating a prior1 order awarding plaintiff, pending trial of the action, $100 per month for his support, $750 for attorneys’ fees, and $25 for court costs. The record consists of a clerk’s transcript which bears no certificate of the trial judge. It shows that three witnesses were sworn and testified. There is no reporter’s transcript nor bill of exceptions. W ...
Views: 3
This is an appeal from a judgment in an action for divorce which dismissed plaintiff’s action and decreed that the parties were not husband and wife because of a final decree of divorce rendered in the State of Nevada which was held to be “a good, valid, regular and legal decree”. The only question raised by plaintiff, necessary for consideration, is the validity of the ruling on his unsuccessful ...
Views: 2
This is an action to recover damages for personal injuries received in an automobile accident. The appeal is by defendants Mrs. W. B. Weir and her chauffeur Leon Darras from an order granting plaintiff’s motion for a new trial following a jury verdict in their favor. The motion was granted upon the ground of the insufficiency of the evidence to sustain the verdict, the court specifically finding t...
Views: 1
This is an action for damages, based upon false representations. Findings were entered in favor of plaintiff, and judgment was entered against defendants in the sum of $14,258.33. As grounds for reversal, appellants and defendants, urge the following points: That the evidence is insufficient to support the findings, and that the court erred in failing to find upon a set-off in favor of app...
Views: 14
The State appeals from a judgment adverse to it, rendered in an action brought under the State Narcotic Act (Stats. 1929, p. 380, as amended; Deering’s General Laws, 1937, Act No. 5323, now § 11610, et seq., of the Health and Safety Code) for the purpose of forfeiting the interests of all who claimed an interest in a certain 1939 La Salle automobile, on the ground that the automobile had been used...
Views: 10
The plaintiff has appealed from a judgment which was entered against him pursuant to an order sustaining a demurrer to the third amended complaint without leave to amend the pleading. *720 This is a suit to quiet title to 625 shares of the common stock of California Yeast Products Corporation, Ltd., and to declare that the defendant, Lawrence W. Lewis, holds the stock in trust for plaintiff. ...
Views: 12
Appellant was charged, under section 288 of the Penal Code, with three specific acts of lewd and lascivious conduct with a minor child. He was found guilty on all three counts, and from the judgment of conviction prosecutes this appeal. The first count urged for reversal is the refusal of the trial court to grant the motion of defendant for an advisory or directed verdict upon the ground that t...
Views: 13
Plaintiffs sought to quiet title to a right of way over the land of defendant and also sought an injunction to‘restrain the defendant from interfering with plaintiffs’ use and enjoyment of said right of way. A judgment was entered in favor of plaintiffs on October 28, 1937. Thereafter defendant made a motion for a new trial, which motion was granted upon the sole issue of the description of the r...
Views: 6
This is an appeal from an order of the trial court refusing to grant relief from appellants’ failure to file a proposed bill of exceptions within the time allowed by law and refusing to settle appellants’ proposed bill of exceptions filed after the time allowed by law had expired. On March 28, 1938, appellants were served with notice of the order denying their motion for a new trial. Their propose...
Views: 1
As written on the cover of the transcript this is an appeal from an “order denying motion to vacate the judgment filed and entered on July 12, 1938.” The transcript purports to set forth: Notice of Motion to Vacate Judgment; Memorandum of Points and Authorities in Support of Motion to Vacate Judgment; Affidavit in Support of Motion to Vacate Judgment; Affidavit in Opposition to Motion to Vacate J...
Views: 1
The plaintiff in a proceeding in eminent domain appeals from a judgment dismissing the proceeding on motion of the defendant. The motion for dismissal was made pursuant to section 1255a of the Code of Civil Procedure on the ground that the proceedings had been abandoned by the plaintiff. The motion was granted and the defendant was accordingly awarded her costs and disbursements, including atto...
Views: 5
This is an appeal from a judgment against plaintiff and intervener in an action seeking declara *742 tory relief, the rescission or cancellation of conveyances and to quiet title. Max Reiss and Rosa Reiss were married and had lived together for more than twenty-five years prior to Rosa’s death in January, 1936. They accumulated considerable real and personal property during their married life...
Views: 7
This is an appeal from a judgment decreeing the reformation of a written contract. The parties stipulated as to the amount due to the plaintiff if reformation was granted and the only question here raised is as to the validity of the decree granting reformation. The action which was filed on July 8, 1938, relates to a contract dated March 31, 1934, and to a renewal thereof dated about March 1, 193...
Views: 0
This is a petition for a writ of mandate to compel respondents, the Superior Court of Contra Costa County and its clerk, to issue execution upon a judgment. If the writ was improperly refused mandamus is the proper remedy to compel its issuance. (Holtum v. Grief, 144 Cal. 521 [78 Pac. 11]; Sullivan v. Superior Court, 185 Cal. 133 [195 Pac. 1061].) The facts giving rise to this controversy are as ...
Views: 10
Plaintiff sued to quiet title to a lot in Santa Clara County. Defendant filed an answer and a cross-complaint. The cause was tried by the court and judgment was entered in favor of defendant and cross-complainant. Plaintiff appeals from said judgment. Otto Boese and defendant Katherine E. Boese were husband and wife and they acquired the lot during their married life by deed in which both of th...
Views: 8
A jury rendered a verdict in the sum of $25,000 in favor of Ray Pignet, suing as an individual, in a damage action. The same jury returned a separate verdict in the sum of $1,600 in favor of Pignet and his partner, Edward Spencer, doing business as Pacific Flying Service. These verdicts were rendered against appellants, *768 city of Santa Monica and B. R Carter. It appears from respondents’ bri...
Views: 3
Belle Kaminski died leaving an instrument testamentary in character. After a contest initiated by appellant, who is a brother of decedent, the trial court found said instrument to be a valid holographic will, and with the exception of two names appended thereto, that “said document was entirely written, dated and signed by the hand of the testatrix herself. ’ ’ . From the judgment admittin...
Views: 3
From 1) a judgment in favor of plaintiffs in an action to recover damages and for an injunction predicated upon a cause of action alleging unfair competition, and 2) a judgment in favor of defendant Dekker on a cross-complaint to recover the amounts due upon a promissory note and for breach of a contract with plaintiffs Hall, after trial before the court without a jury, defendants appeal. ...
Views: 6
From a judgment of guilty of assault with a deadly weapon after trial by jury defendant appeals. There is also an appeal from an order denying his motion for a new trial. The evidence being viewed most favorably to the people (respondent), the essential facts are: December 13, 1940, about 6:00 o ’clock in the evening, Dr. Hugh Curtis, an optometrist, had just closed his office when defendant ...
Views: 6
This is an action to quiet title to a tract of land based upon an alleged violation of a provision in an oil and gas lease forbidding assigning or subletting without the consent of the lessor. The issues were tried before a jury who returned a verdict for plaintiff. Thereafter defendants moved for judgment notwithstanding the verdict, and the motion was granted. This appeal is from the judgment e...
Views: 2
The Attorney-General has moved to affirm the judgment under the provisions of section 1253 of the Penal Code. The clerk’s and reporter’s transcripts were filed here on April 14, 1941. On April 23, 1941, the attorney for defendant secured an order extending his time to file his opening brief to May 5, 1941. The case was placed on the calendar of May 27, 1941. No appearance was made for defendant an...
Views: 0
This case comes before us on a motion to affirm the judgment under the provisions of section 1253 of the Penal Code. The clerk’s transcript was filed on February 24, 1941, and the reporter’s transcript on April 11, 1941. The case was placed on the calendar of May 27, 1941, for argument. No argument was made and no brief has been filed on behalf of appellant. The motion must be granted. The judgmen...
Views: 1
The appellant was convicted in the Superior Court of Shasta County of the crime of forgery, a felony. The transcript on appeal was filed in this court May 28, 1941. No brief has been filed in behalf of appellant. The cause was regularly placed on the calendar for oral argument *804on June 24, 1941. No appearance was made for appellant at the time the case was called for hearing. Pursuant to the pr...
Views: 0
From a judgment in favor of defendants after trial before the court without a jury in a proceeding to require defendant Civil Service Commissioners to allow him seniority credit from July 1, 1925, to and including December 16, 1935, as a “mechanic” in the Department of Water and Power of the city of Los Angeles, the successor in interest of the Department of Public Service of said city, plaintiff ...
Views: 0
This is a motion to dismiss the appeal under the provisions of rule V, section 1 of the Rules for the Supreme Court and District Courts of Appeal. The clerk’s and reporter’s transcripts were filed in this court on March 25, 1941. No briefs have been filed and no appearance was made on behalf of the appellants in response to the notice of motion to dismiss the appeal. When the motion was heard coun...
Views: 2
45 Cal.App.2d Supp. 811 (1941) THE PEOPLE, Respondent, v. SILAS NOWELL, Appellant. California Court of Appeals. June 6, 1941. Haight, Trippet & Syvertson for Appellant. John F. Dockweiler, District Attorney, and Jere J. Sullivan, Deputy District Attorney, for Respondent. BISHOP, J. One is guilty of reckless driving who drives a motor vehicle "upon a highway in wilful or wanton disregard ...
Views: 6
45 Cal.App.2d Supp. 821 (1941) THE PEOPLE, Respondent, v. IVAN B. McMILLAN, Appellant. California Court of Appeals. June 11, 1941. Harry F. Sewell for Appellant. John F. Dockweiler, District Attorney, and Jere J. Sullivan, Deputy District Attorney, for Respondent. SHAW, P. J. The complaint in this case contains ten counts, which are in pairs, each even numbered count charging an offense on t...
Views: 5
The clerk’s transcript was filed in this court on May 15, 1940, and the reporter’s transcript on June 6, 1940. The cause was placed on the calendar on July 9, 1940, and continued to August 13, 1940, on which date the appellant was granted fifteen days in which to file an opening brief. No brief having been filed the cause was again placed on the calendar for October 8, 1940. No appearance, by brie...
Views: 0

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

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

ⓘ Information Facts

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