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All Reporters → cal-app-lexis → Volume 1945
Opinions in cal-app-lexis Volume 1945
On July 30, 1930, Marie Lees (Thomas) executed an assignment to Attorney E. W. Brewer, Jr., Gordon Gray, Walter Ames and J. G. Driscoll, Jr., of an undivided 30 per cent of her right, title and interest in the Estate of Jean Cazaurang, deceased, and therein authorized the superior court to make distribution accordingly. On April 5, 1935, Marie Lees (Thomas) substituted A. G. Reily, Esq., as her at...
Views: 0
69 Cal. App. 2d 6 (1945)
THE PEOPLE, Respondent,
v.
GORDON LEE GOULDY, Appellant.
Crim. No. 563.
California Court of Appeals. Fourth Dist.
Apr. 25, 1945.
David E. Peckinpah and Harold M. Child for Appellant.
Robert W. Kenny, Attorney General, Frank Richards, Deputy Attorney General, James M. Theusen, District Attorney, and Robert M. Wash and Clarence L. Kincheloe, Deputies District Attorney,...
Views: 15
This is an appeal from a judgment for defendant in an action to quiet title to certain real and personal property. The plaintiffs are the executors of the estate of Emile Haden, deceased, and the defendant is his widow. The executors are seeking to recover for the estate property which defendant claims as her separate property. Almost all of the property in question was acquired with the communit...
Views: 1
From a judgment in favor of plaintiff after trial before the court without a jury in an action to quiet title to a parcel of real property from the cloud cast thereon by a recorded deed of trust unsatisfied of record, defendant appeals. The evidence being viewed in the light most favorable to the plaintiff (respondent) and pursuant to the rules set forth in Estate of Isenberg, 63 Cal.App.2d 214, 2...
Views: 0
On April 10, 1942, plaintiff and respondent, Winona Marshall, filed an action for divorce against defendant and appellant, Carlos Marshall, in the Superior Court of San Joaquin County, of which county she was then a resident. Summons was served upon defendant in Plumas County on June 4, 1942, and on September 26th of the same year defendant filed an answer and cross-complaint, praying that he be ...
Views: 3
69 Cal. App. 2d 28 (1945)
CAROLINE CONGER, Respondent,
v.
HARRY WHITE et al., Defendants; JAMES M. GORDON, Appellant.
Civ. No. 14679.
California Court of Appeals. Second Dist., Div. Three.
Apr. 30, 1945.
Maurice Gordon for Appellant.
William B. Etheridge for Respondent.
SHINN, J.
Plaintiff won a verdict for $17,003.92 (including $5,000 as exemplary damages) against Harry White and appellan...
Views: 6
69 Cal. App. 2d 44 (1945)
GLYWN S. CHASE, Respondent,
v.
RALEIGH P. TRIMBLE et al., Appellants.
Civ. No. 14729.
California Court of Appeals. Second Dist., Div. Three.
Apr. 30, 1945.
Arthur C. Fisher for Appellants.
Durley & Downes, W. Mark Durley and John H. Todd for Respondent.
DESMOND, P. J.
Plaintiff commenced a quiet-title action on August 11, 1943, against numerous defendants, inc...
Views: 1
69 Cal. App. 2d 51 (1945)
HENRY L. LYNCH, Appellant,
v.
CLAUDE A. WATSON, as Administrator, etc., Respondent.
Civ. No. 14789.
California Court of Appeals. Second Dist., Div. Three.
Apr. 30, 1945.
Henry L. Lynch, in pro. per., for Appellant.
Walter G. Danielson for Respondent.
FOX, J. pro tem.
Defendant contends that the plaintiff filed his notice of appeal from a judgment of dismissal too ...
Views: 3
69 Cal. App. 2d 60 (1945)
JOSEPH J. CORBIN, JR., a Minor, etc. et al., Appellants,
v.
M. MAX BEDEL et al., Respondents.
Civ. No. 12694.
California Court of Appeals. First Dist., Div. One.
May 1, 1945.
Millington, Grover, Comaich & Baumgarten, Wayne R. Millington and John F. O'Sullivan for Appellants.
Bronson, Bronson & McKinnon for Respondents.
KNIGHT, J.
After trial on the merits ...
Views: 5
69 Cal.App.2d 69 (1945)
RICHARD H. ROSENBLATT, Petitioner,
v.
CALIFORNIA STATE BOARD OF PHARMACY, Respondent.
Civ. No. 7148.
California Court of Appeals. Third Dist.
May 1, 1945.
Ernest C. Crowley for Petitioner.
Robert W. Kenny, Attorney General, and Carl W. Wynkoop, Deputy Attorney General, for Respondent.
PEEK, J.
Petitioner herein seeks to compel the respondent State Board of Pharmacy ...
Views: 3
69 Cal.App.2d 80 (1945)
THE PEOPLE, Respondent,
v.
M. A. THOMPSON, Appellant.
Crim. No. 1889.
California Court of Appeals. Third Dist.
May 1, 1945.
Wallace Shepard, R. C. Fleming, E. R. Vaughn and John W. Brannely for Appellant.
Robert W. Kenny, Attorney General, James O. Reavis, Deputy Attorney General, John Quincy Brown, District Attorney, and Albert H. Mundt, Chief Deputy District Attorne...
Views: 10
Defendants have appealed from a judgment in favor of plaintiffs in the sum of $2,950, damages awarded by the court for false representations made by defendants in the exchange of real properties owned by the respective parties. Plaintiffs were the owners of residential rental property in Hawthorne, Los Angeles County. On October 27,1942, they entered into an agreement with defendants for the excha...
Views: 0
In his complaint plaintiff alleges that on October 4, 1941, he and defendant became partners in a concern known as Prize Winner Insecticide and Disinfectant Company, organized for the purpose of manufacturing and selling insecticides; he asked that by court order the partnership be dissolved, the firm’s debts be paid, the surplus, if any, be divided between the two partners; and that the court dec...
Views: 0
69 Cal. App. 2d 100 (1945)
FRANK B. RUSSI, Respondent,
v.
BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION (a National Banking Association), as Executor, etc., Appellant.
Civ. No. 12857.
California Court of Appeals. First Dist., Div. Two.
May 4, 1945.
J. M. Inman for Appellant.
Dreher, McClellan & McCarthy for Respondent.
NOURSE, P. J.
The appellant moves for an order of augmen...
Views: 1
69 Cal. App. 2d 104 (1945)
BATES BOOTH, as Administrator, etc., Appellant,
v.
COUNTY OF LOS ANGELES et al., Respondents.
Civ. No. 14662.
California Court of Appeals. Second Dist., Div. Three.
May 4, 1945.
Don Marlin, Freston & Files and Charles A. Loring for Appellant.
J. H. O'Connor, County Counsel, S. V. O. Prichard, Assistant County Counsel, and A. Curtis Smith, Deputy County Counsel,...
Views: 6
Defendant C. O. Nordin appeals from a supplemental judgment entered in this action on June 26, 1944. Condemnation proceedings were commenced by the State of California on August 1, 1939, against certain defendants, including C. 0. Nordin, Irving R. Deist, Amelia I. Frey and Ervyma M. Low, who were alleged to have an interest in the real property sought to be condemned for state highway purposes. T...
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Plaintiffs brought this action to recover the sum of $1,295.03 on deposit with defendant The Bank of America National Trust and Savings Association. The complaint alleged that plaintiffs, in 1940, had leased to the Greenhorn Dredging Company, a copartnership, what was described as the North Star Mining Claim, being the S% of the SWy4 of the SEy4 and the Sy2 of the Sy2 of the SW% of Section 17, and...
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This is an appeal by defendant from a judgment cancelling a contract, deed and bill of sale, executed by plaintiff on August 26, 1943, and allowing defendant $60 per month for services rendered to plaintiff for one year prior to July 8, 1944, the date of the judgment. Plaintiff was an elderly woman. She was ill and confined to her bed and, as found by the trial court, “that on or about the 26th da...
Views: 0
69 Cal. App. 2d 120 (1945)
E. A. WILTSEE, Respondent,
v.
CALIFORNIA EMPLOYMENT COMMISSION, Appellant.
Civ. No. 12767.
California Court of Appeals. First Dist., Div. One.
May 7, 1945.
Robert W. Kenny, Attorney General, and Clarence A. Linn and Doris H. Maier, Deputies Attorney General, for Appellant.
Joseph C. Meyerstein for Respondent.
PETERS, P. J.
The California Employment Commission, af...
Views: 1
69 Cal. App. 2d 129 (1945)
CHARLES PINON, Appellant,
v.
JOHN POLLARD, Respondent.
Civ. No. 12794.
California Court of Appeals. First Dist., Div. One.
May 7, 1945.
E. C. Mahoney for Appellant.
F. E. Hoffmann for Respondent.
WARD, J.
This is an appeal by plaintiff from an order, judgment and decree vacating and setting aside a judgment entered upon default after service "personally and by pu...
Views: 9
69 Cal. App. 2d 134 (1945)
ANNA KIRACK et al., Respondents,
v.
CITY OF EUREKA, Appellant.
Civ. No. 7121.
California Court of Appeals. Third Dist.
May 8, 1945.
E. S. Mitchell, City Attorney, for Appellant.
Chester Monette and Donald H. Wilkinson for Respondents.
THOMPSON, J.
The city of Eureka has appealed from a judgment of $4,803, which was rendered against it in a suit for damages for pe...
Views: 9
Plaintiff had sued for a large sum of money. She lost, and on his cross-complaint defendant recovered in excess of $25,000. Judgment was entered in January, 1938. Following a denial of her motion for a new trial she filed her notice of appeal in April, 1938. After the appeal the fortunes of the lawsuit were to be controlled by this court in all respects except one. The superior court by virtue of ...
Views: 0
David Robert Robbins has appealed from an order of the probate court by which he was denied distribution of United States War Bonds of the value of $12,000, and by which the will of Carrie W. Marin was given the interpretation that these bonds became a part of the residue of the estate. Carrie W. Marin died on September 4, 1943, leaving her last will dated August 16, 1943. The will had been prepar...
Views: 0
69 Cal. App. 2d 151 (1945)
HERMAN C. ENGEBRECHT, Respondent,
v.
J. W. SHELTON et al., Appellants.
Civ. No. 3157.
California Court of Appeals. Fourth Dist.
May 9, 1945.
Ralph Robinson for Appellants.
Irvine P. Aten and G. L. Aynesworth for Respondent.
MARKS, J.
This is an appeal from a judgment reforming a promissory note and deed of trust.
Plaintiff was the owner of real property in Fresn...
Views: 0
69 Cal. App. 2d 156 (1945)
HERMAN ROBERT ENCINAS, JR., a Minor, etc. et al., Respondents,
v.
LOWTHIAN FREIGHT LINES, INCORPORATED (a Corporation) et al., Appellants.
Civ. No. 12790.
California Court of Appeals. First Dist., Div. One.
May 10, 1945.
Bronson, Bronson & McKinnon and Herbert Chamberlin for Appellants.
Nathan Goldwater and Leo Murcell for Respondents.
DOOLING, J. pro tem.
Re...
Views: 0
69 Cal. App. 2d 164 (1945)
In re WILLIAM EARL HOWARD, on Habeas Corpus.
Crim. No. 1915.
California Court of Appeals. Third Dist.
May 10, 1945.
William Earl Howard, in pro. per., for Petitioner.
Robert W. Kenny, Attorney General, and James O. Reavis, Deputy Attorney General, for Respondent.
PEEK, J.
By his petition for a writ of habeas corpus petitioner alleges that he is now unlawfully imp...
Views: 3
69 Cal. App. 2d 166 (1945)
WEST COAST WINERY, INC. (a Corporation), Respondent,
v.
GOLDEN WEST WINERIES, INC. (a Corporation), Appellant.
Civ. No. 14626.
California Court of Appeals. Second Dist., Div. Three.
May 11, 1945.
C. Loy Mason and Shafer & Grimm for Appellant.
Lane & Lane for Respondent.
FOX, J. pro tem.
In its complaint plaintiff alleged four causes of action. The first c...
Views: 2
69 Cal. App. 2d 171 (1945)
E. S. KENDRICK, Appellant,
v.
SIDNEY L. SCHWARTZ et al., Respondents.
Civ. No. 14796.
California Court of Appeals. Second Dist., Div. Two.
May 14, 1945.
Lyndol L. Young for Appellant.
O'Melveny & Myers, Pierce Works and L. M. Wright for Respondents. *172
WOOD (W. J.), J.
Plaintiff sought to recover a judgment in the sum of $7,440, damages which he claims to h...
Views: 5
69 Cal. App. 2d 176 (1945)
THE PEOPLE, Respondent,
v.
VICTOR G. FERRATO, Appellant.
Crim. No. 3852.
California Court of Appeals. Second Dist., Div. Three.
May 15, 1945.
Gladys Towles Root for Appellant.
Robert W. Kenny, Attorney General, and Everett W. Mattoon, Deputy Attorney General, for Respondent. *177
DESMOND, P. J.
The defendant was convicted by a jury of second degree robbery and ap...
Views: 7
69 Cal. App. 2d 181 (1945)
CALIFORNIA EMPLOYMENT COMMISSION, Appellant,
v.
J. W. SUTTON, Respondent.
Civ. No. 7089.
California Court of Appeals. Third Dist.
May 15, 1945.
Robert W. Kenny, Attorney General, and Clarence A. Linn and Doris H. Maier, Deputies Attorney General, for Appellant.
Rogers & Clark, John H. Painter and John W. Broad for Respondent.
ADAMS, P. J.
Plaintiff brought th...
Views: 1
69 Cal.App.2d 200 (1945)
DOROTHY L. REEH, Appellant,
v.
PAUL REEH, Respondent.
Civ. No. 14603.
California Court of Appeals. Second Dist., Div. Three.
May 16, 1945.
James B. Ogg for Appellant.
E. Llewellyn Overholt for Respondent.
SHINN, J.
This is an appeal by plaintiff from an order made upon the court's own motion, vacating an interlocutory decree of divorce which had been rendered in fa...
Views: 9
69 Cal. App. 2d 207 (1945)
CALIFORNIA PRUNE AND APRICOT GROWERS' ASSOCIATION (a Corporation), Respondent,
v.
THE H. R. NICHOLSON COMPANY (a Corporation), Appellant.
Civ. No. 12804.
California Court of Appeals. First Dist., Div. Two.
May 17, 1945.
Kenneth A. White and Ogden, Crocker & Steelman for Appellant.
Naylor & Lassagne, James M. Naylor and Gerald H. Hagar for Respondent.
STURT...
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Defendant appeals from a judgment upon a verdict in favor of plaintiff for $1,000 damages resulting from an automobile collision. The accident occurred about 4 p. m. on January 31, 1943, in the intersection of Santa Monica Boulevard and Bdgemont Street, in Los Angeles. Santa Monica Boulevard extends in an easterly and westerly direction, is paved, and is 60 feet wide between curbs. There are two s...
Views: 2
69 Cal. App. 2d 231 (1945)
BERTHA SPILLERS, Respondent,
v.
PHILLIP W. SILVER et al., Appellants.
Civ. No. 14735.
California Court of Appeals. Second Dist., Div. Three.
May 17, 1945.
Phillip W. Silver, in pro. per., and Sidney Fischgrund for Appellants.
R. Bruce Murchison, Frank E. Gray and Richard C. Hart for Respondent.
SHINN, J.
In a jury trial plaintiff was awarded damages for injuries ...
Views: 1
69 Cal. App. 2d 237 (1945)
CITY OF SAN DIEGO, Appellant,
v.
PETER VAN WINKLE et al., Respondents.
Civ. No. 3351.
California Court of Appeals. Fourth Dist.
May 17, 1945.
J. F. DuPaul, City Attorney, and Bertrand L. Comparet, Deputy City Attorney, for Appellant.
Luce, Forward, Lee & Kunzel for Respondents.
MARKS, J.
This is an appeal from that portion of a judgment which, during the pres...
Views: 4
69 Cal. App. 2d 246 (1945)
R. R. BUSH OIL COMPANY (a Corporation), Appellant,
v.
BEVERLY-LINCOLN LAND COMPANY (a Corporation), Respondent.
Civ. No. 14592.
California Court of Appeals. Second Dist., Div. Three.
May 18, 1945.
Cree & Brooks and William H. Cree for Appellant.
Burke, Hickson, Burke & Marshall for Respondent.
FOX, J. pro tem.
Respondent owned lots 169 and 170 in Montebel...
Views: 8
The plaintiffs are the surviving wife and daughter, respectively, of W. W. Davidson, who was killed as the result of a collision on January 5, 1941, between the automobile he was driving and an automobile owned by the defendant, Tom Ealey, which was then being driven by one Nelson. By stipulation of counsel at the time of the trial it was agreed that as a result of the negligence of Nelson, Davids...
Views: 3
69 Cal. App. 2d 262 (1945)
NEVADA IRRIGATION DISTRICT, Plaintiff,
v.
HARRY LEON JONES et al., Defendants; MRS. ANN BASTEAR, Respondent; GENEVIEVE JONES, a Minor etc., Appellant.
Civ. No. 7139.
California Court of Appeals. Third Dist.
May 21, 1945.
A. J. Just for Appellant.
James Snell and Chas. F. Metteer for Respondent.
THOMPSON, J.
The cross-defendant, Genevieve Jones, has appealed from ...
Views: 0
An information filed in this case charged defendant in four counts with four different acts of sexual intercourse with a girl aged thirteen years who was not his wife. He was found guilty on all counts, the verdicts recommending imprisonment in the state prison. After judgment defendant filed a motion for a new trial, which was denied. On this appeal he contends that the trial court erred in its i...
Views: 0
69 Cal. App. 2d 280 (1945)
MICHAEL FORNERIS, Appellant,
v.
WILBER L. KRELL et al., Respondents.
Civ. No. 12785.
California Court of Appeals. First Dist., Div. Two.
May 22, 1945.
Carl William Anderson for Appellant.
F. E. Hoffmann for Respondents.
GOODELL, J.
This is an appeal from an order granting defendants' motions to dismiss because of delay in the service of summons.
[1] The complain...
Views: 5
The defendant was charged with the crime of abortion in each of three counts of an indictment. In Count 1, it was charged that on December 17, 1943, he administered a drug to a Mrs. Brown and used an instrument with the intent to procure a miscarriage when it was not necessary to preserve her life. In Count 2 a similar offense was alleged to have been committed on December 27, 1943, in connection...
Views: 11
69 Cal. App. 2d 301 (1945)
THE PEOPLE, Respondent,
v.
EUGENIO CAGIGAS, Appellant.
Crim. No. 492.
California Court of Appeals. Fourth Dist.
May 23, 1945.
Edward B. Patterson for Appellant.
Robert W. Kenny, Attorney General, Frank Richards, Deputy Attorney General, C. G. Halliday, District Attorney, and Don C. Bitler, Deputy District Attorney for Respondent.
MARKS, J.
This is an appeal from ...
Views: 1
69 Cal. App. 2d 304 (1945)
THE PEOPLE, Respondent,
v.
GEORGE HENRY CROWDER, Appellant.
Crim. No. 565.
California Court of Appeals. Fourth Dist.
May 23, 1945.
Henry Schmidt, Dorris & Fleharty and R. W. Henderson for Appellant.
Robert W. Kenny, Attorney General, and Walter L. Bowers, Assistant Attorney General, for Respondent.
GRIFFIN, J.
In December, 1931, defendant and appellant was ch...
Views: 3
This is an appeal by the plaintiff from an order modifying and reducing the monthly payments provided in the prior divorce decree of the parties from $50 to $25 per month.
In 1940 plaintiff filed an action for separate maintenance against defendant. He answered the complaint and also filed a cross-complaint for divorce which plaintiff answered. The case came on for trial on March 10, 1942....
Views: 0
69 Cal. App. 2d 317 (1945)
THE PEOPLE, Respondent,
v.
EDWARD ORECK et al., Appellants.
Crim. No. 2358.
California Court of Appeals. First Dist., Div. One.
May 25, 1945.
Stern & Grupp for Appellants.
Edmund G. Brown, District Attorney, Norman Elkington, Assistant District Attorney, for Respondent.
WARD, J.
The proceeding herein is designated as an "Application for Order Fixing Bail on A...
Views: 5
This is an appeal from a judgment of partition ordering the sale of certain real property and distribution of the proceeds from such sale,, after payment of taxes, expenses of sale, etc., to appellant and respondents as their interests appear. The record discloses that the plaintiff and defendant Shankie each owned an undivided one-half interest in the parcel which was the subject of the partit...
Views: 9
Defendant was charged in an information filed by the district attorney with a violation of section 288 of the Penal Code committed upon a seven-year-old girl. A jury trial having been duly waived, the court found defendant guilty as charged, denied his application for probation and sentenced him to state prison for the term prescribed by law. From the judgment of conviction which was thereafter en...
Views: 8
Plaintiff appeals from an order granting defendant’s motion for a new trial. In a trial without a jury plaintiff had judgment for $2,250, which amount represented one-half of a commission paid to defendant for the lease and sale of certain real property. Defendant’s motion for a new trial was granted on the ground of insufficiency of the evidence to sustain or justify the decision.
Plaintiff and d...
Views: 0
69 Cal.App.2d 341 (1945)
RICHARD FOSTER, a Minor, etc., Appellant,
v.
FRED EINER et al., Defendants; POMERADO UNION SCHOOL DISTRICT, Respondent.
Civ. No. 3356.
California Court of Appeals. Fourth Dist.
May 28, 1945.
Hubbell & Matherly for Appellant.
Tripp, Callaway, Sampson & Dryden for Respondent.
MARKS, J.
This is an appeal from a judgment in favor of the Pomerado Union School District i...
Views: 0
Action for damages for the lowering of the grade of a street.
Plaintiff was the owner of the beneficial interest in four lots in “Overlook Heights” in San Diego. These lots border on a public street known as Dorcas Street (formerly Elenor Street) which furnishes access to plaintiff’s property. The complaint alleges that defendant, on June 20, 1941, without legal authority, and without plai...
Views: 1
This is an action to quiet title to a parcel of land in the city of San Diego. This land had been owned by the plaintiffs for some time prior to July 1, 1936, on which date it was deeded to the state because of nonpayment of taxes for the fiscal year 1930-1931. The plaintiffs are husband and wife but, for convenience, the husband will at times be referred to as the plaintiff. On February 10, 1939,...
Views: 1
action was one seeking to establish a trust for plaintiff in an undivided one-half interest in a parcel of real property in San Francisco, for an accounting of the income therefrom, and for a partition and sale thereof. An interlocutory decree was entered adjudging plaintiff and defendant Skernswell to be each the owner of an undivided one-half interest in the property, subject to a mortgage li...
Views: 5
I concur. On the question of the relationship of officers to stockholders in the purchase of stock, I adhere to the “special facts” doctrine, which may be applied appropriately in this case. Upon this theory, I concur in the order affirming the judgment. A petition for a rehearing was denied June 28, 1945, and the following opinion was thereupon rendered: THE COURT.—Petitioner contends that the co...
Views: 0
69 Cal.App.2d 388 (1945)
ROSA LAGOMARSINO, Respondent,
v.
MARKET STREET RAILWAY COMPANY (a Corporation) et al., Appellants.
Civ. No. 12823.
California Court of Appeals. First Dist., Div. One.
May 29, 1945.
Cyril Appel, Ivores R. Dains and Bronson, Bronson & McKinnon for Appellants.
Shirley, Robb & Saroyan and J. Francis Shirley for Respondent.
WARD, J.
Plaintiff recovered judgment ...
Views: 5
This is an appeal from a summary judgment dismissing a petition for a writ of mandate.
Section 103a of the Oakland Charter provides that if a retired fireman shall die by reason of an injury for which he was pensioned, his pension shall not cease but shall continue and shall be paid to his widow to whom he was married at the time of such injury.
Victor F. Loveland had been retired on ...
Views: 5
This is an appeal from a judgment quieting title to a parcel of real property. On August 29, 1941, an agreement was entered into for the sale by the plaintiffs to the defendant of a piece of real property in Santa Clara County consisting of about nine acres (most of which is a gravel bed) lying within the larger parcel described in the complaint. The defendant entered into possession of the land, ...
Views: 1
Defendant was convicted in a jury trial of the crime of statutory rape, a felony, in two counts. He appeals from the judgment and from the order denying his motion for a new trial. It is not asserted that the evidence was insufficient legally to support the judgment, but it is contended that the court committed prejudicial error in refusing to give a cautionary instruction in the form requested by...
Views: 0
Plaintiff appeals from an order by which a new trial was granted to defendant. The appeal is presented upon an engrossed bill of exceptions which purports to show all the evidence adduced at the trial. From this it appears that on December 25, 1940, appellant Abrams sustained personal injuries as a result of the alleged negligent operation of a motor vehicle by A. Yisser, named as the assured i...
Views: 1
This is an appeal, from a judgment apportioning the water of a drainage and irrigation ditch which was maintained for the benefit of a large tract of land from which the parcels involved in this suit were acquired. The deeds contained no specific reference to the ditch or water rights. It was assumed the water rights were conveyed pursuant to section 1104 of the Civil Code as easements or appurten...
Views: 0
Two misdemeanor proceedings are involved in this controversy. In the first, petitioner L. 0. Casperson was charged with the violation of section 1103 of the Agricultural Code in that he shipped into Sacramento county inedible eggs, while in the second action both L. O. and E. G. Casperson were charged jointly in two counts under said section. First, with shipping inedible eggs into Sacramento C...
Views: 9
The plaintiff, Arthur Stamper, was struck and injured by an automobile owned and driven by the defendant, Frank P. Schemmel. Among the injuries plaintiff received was a compound, comminuted fracture of both bones
*451
of the left leg below the knee; and in the present action a jury awarded him damages in the sum of $2,500. Motion for new trial was denied, and defendant appeals. The...
Views: 0
69 Cal. App. 2d 457 (1945)
SYBIL BELCHER, Appellant,
v.
CITY AND COUNTY OF SAN FRANCISCO, Respondent.
Civ. No. 12818.
California Court of Appeals. First Dist., Div. Two.
June 1, 1945.
Vincent Surr for Appellant.
John J. O'Toole, City Attorney, Albert F. Skelly, Deputy City Attorney, Lawrence S. Mana and Joseph Murphy for Respondent.
GOODELL, J.
This is an appeal from a judgment in favor of...
Views: 2
The Franchise Tax Commissioner appeals from a judgment allowing plaintiff to recover taxes collected under the Bank and Corporation Tax Act (Stats. 1939, p. 2968, § 30) for the years 1938, 1939 and 1940. The construction of section 13 (k) of the act (Stats. 1929, p. 19, as amended by Stats. 1937, p. 2334; Deering’s Gen. Laws, Act 8488) presents the primary question for decision. It provides: “A...
Views: 2
This is an appeal from a judgment in favor of plaintiffs, after trial before the court without a jury, in a declaratory relief action instituted for the purpose of construing a provision in an oil and gas lease.
The undisputed facts are these:
On March 28, 1923, plaintiffs leased to defendant a parcel of land in the city of Long Beach located in the Signal Hill oil field. The lease wa...
Views: 5
On January 27, 1943, defendant was awarded a decree of divorce by default upon his cross-complaint, which charged cruelty. The parties have a boy who at the time of the divorce was twenty-seven months of age. After defendant filed his answer and before his cross-complaint was filed, the parties made an agreement settling their property rights, under which plaintiff was to receive $3,750 within ...
Views: 14
The defendant was tried on an indictment containing three counts. Count I charged him with statutory rape in connection with a girl 16 years old, alleged to have been committed on July 10, 1944. Count II charged him with a violation of section 702 of the Welfare and Institutions Code, alleged to have been committed with the same girl on the same day. Count III charged another violation of said se...
Views: 9
The plaintiff appeals from an order of *497 the superior court denying her motion to change the award of custody of a minor child of the parties. In September, 1934, an interlocutory decree of divorce was granted plaintiff without contest in which the custody of their two-year-old girl was awarded to the defendant father. In June, 1938, the plaintiff moved for an amendment of the decree relat...
Views: 9
The appellants appeal from judgments of conviction on all counts of an indictment containing 10 counts of grand theft, two counts of violation of section 18 of the Corporate Securities Act [Stats. 1917, p. 673, as amended; Deering’s Gen. Laws, Act 3814], and one count of conspiracy (alleging overt acts committed in the course of the conspiracy to effect its object) to defraud persons of money a...
Views: 14
As a part of its decree of divorce the court awarded respondent support money and in addition thereto decreed “that the defendant pay to plaintiff the sum of $3,000, advanced by plaintiff to the defendant. ...” On appeal from the quoted order appellant denies liability for the sums advanced, contends that such demand may not be united with an action for divorce, and pleads the two-year statute ...
Views: 5
Petitioner seeks to effect the annulment of a judgment of contempt entered by respondents on the grounds that the (1) court had no jurisdiction over petitioner or (2) of the action in which the contempt was adjudicated. The facts appear to be undisputed that petitioner was sued for divorce on December 27, 1939. Summons was served upon him but he filed no appearance in the action. On August 30, ...
Views: 1
Appellant was accused by amended information of two felonies, namely: burglary, count 1, and grand theft, count 2. Two prior eonvictidns were charged against him. He pleaded not guilty and denied the prior convictions. Subsequently with the court’s consent he withdrew his first plea, plead guilty to the grand theft charge and admitted having served terms in the California State Prison for two bur...
Views: 8
This is an appeal from an order denying defendant’s motion for a change of venue. Suit was filed in the county of San Luis Obispo upon a check reading as follows:
“90-1379 Millbbae Bbanch 90-1379
Bank of Amebica No. 209
Trust &
National gavingS Association
Millbrae, Calif. Aug 16 1944
Pat to the
Obdeb of Marie Roff_$500 00/
Five Hundred and No/xx_Dollabs
...
Views: 0
Plaintiff, as administrator with the will annexed, sued to recover upon a promissory note delivered by defendant to the decedent. The defendant answered alleging it had an offset against the note in money due from decedent which plaintiff was estopped to deny because of certain acts of the former executor of the estate. The trial court rejected the defense and gave judgment for the full amount ...
Views: 6
From a judgment of guilty of violating section 337a, subdivision 2 of the Penal Code1, after trial before the court without a jury, defendant appeals. The evidence2 being viewed in the light most favorable to the People (respondent), the essential facts are: On April 23, 1944, Los Angeles City Police Officers entered an apartment at 329 South Cloverdale Street. The officers found defendant and his...
Views: 7
This is an appeal by defendants from a judgment rendered by the court sitting without a jury, whereby Bolden B. Roberts and Ruby J. Roberts, his wife, *551 are enjoined and restrained “from permitting Lot 86, Crest-more Tract, in the City and County of Los Angeles, State of California, to be occupied by any person or persons not of the white or Caucasian race, in violation of the terms of the a...
Views: 3
69 Cal.App.2d 560 (1945)
ANN MAY WILCOX, Respondent,
v.
JOSEPH SWAY, Appellant.
Civ. No. 14760.
California Court of Appeals. Second Dist., Div. One.
June 13, 1945.
William K. Young for Appellant.
Arthur A. Jones for Respondent.
WHITE, J.
Joseph Sway prosecutes this appeal from a judgment in favor of Ann Mae Wilcox, plaintiff and respondent, for damages suffered by reason of a collision of ...
Views: 19
Plaintiff, Virgia Benway, brought this action in Merced County, setting up in her complaint that she had, on April 8, 1942, obtained a judgment against defendant in the State of Washington, in the sum of $3,991.66, no part of which had been paid. Defendant fifed an answer denying the allegations of the complaint and setting up as a separate defense that the Washington court did not have jurisdi...
Views: 14
This is an appeal from a judgment entered after sustaining a general demurrer to a second amended complaint with leave to amend. Plaintiff failed to amend his pleading and has prosecuted this appeal.
The action is for damages resulting from water escaping from defendant’s ditch and flooding forty acres of land planted to lettuce.
Defendant is a public corporation organized for the pur...
Views: 9
On May 16, 1935, the parties hereto, who were husband and wife, entered into a written property settlement agreement by the terms of which each was given certain property and the defendant agreed to pay to the plaintiff $100 a month during her lifetime, or until her remarriage.
On August 1, 1942, the plaintiff wife brought this action to cancel and set aside this agreement on the ground th...
Views: 10
This is an appeal from a judgment and order denying defendant’s motion for new trial after his conviction *604 of robbery and the crime denounced by section 286 of the Penal Code. The amended information contained two counts. The first charged defendant with the crime of robbery, alleged to have been committed on December 2, 1944, in Kern County, by taking $50 from the person and possession o...
Views: 6
— Decedent left a last will dated January 3, 1944. Appellant filed a contest thereto, which was heard by the probate court. The court found that the decedent died without issue; that the will was not the result of undue influence, and that a prior will dated March 23, 1943, was not entitled to probate. The prior will named contestant Antoinette Milburn Crawford as the sole beneficiary and appoi...
Views: 2
Decedent and respondent were residents of Los Angeles. On or about October 19, 1943, they went to Tiajuana, Mexico. While there decedent went into an office to see if they could get married; when he came out he told respondent they could get married and then they both went in. *610While in the office they signed papers and answered questions put to them by a Mr. Soriano. Decedent paid this man $23...
Views: 0
The plaintiff Pasadena Playhouse Association, which is an educational institution organized under division I, part IV", title 17 of the Civil Code, in which provision is made for the incorporation of colleges and seminaries of learning, commenced this action to obtain a refund of taxes paid for the tax year 1941-42. Plaintiff bank as trustee commenced a similar action and the two actions were cons...
Views: 0
Plaintiff, Anna J. Blache, brought this action for separate maintenance against Maurice J. Blache (sometimes referred to as Jean J. M. Blache) and Jeanne C. Pedebidou, also known as Jeanne Blache. As a matter of convenience the parties will he referred to as Anna, Maurice and Jeanne. They are the components of a marital triangle constructed by Maurice when he married Jeanne under the mistaken i...
Views: 7
This appeal involves the interpretation of the will of Selma Riemer, deceased, the debatable question being whether the estate devised to her nine-year-old grandson is vested or contingent. This question is presented by the third and fifth paragraphs of the will which read: “THIRD: I hereby give, devise and bequeath to my grandson, Herbert Julius Riemer, my three houses at the Southeast corner of ...
Views: 5
Plaintiffs brought this action for injunction and declaratory relief against the members of the State Board of Equalization to obtain an adjudication that rule 55 of that board applying to out-of-state manufacturers of beer shipping their products into California is void. The lower court sustained the defendants’ demurrer to the complaint without leave to amend, and thereafter entered a judgmen...
Views: 6
Plaintiff, while on a vessel in navigable waters, and while acting in the course and scope of his- employment, received injuries for which he brought this action against his employer under the Jones Act. (46 U.S.C.A. § 688.) This act made applicable to seamen injured in the course of their employment the provisions of the Federal Employers’ Liability Act (45 U.S.C.A. §§ 51-60) which gives to railr...
Views: 0
The plaintiff appeals from an order which set aside the default of defendant and a judgment taken after the default, and which permitted the defendant to file a cross-complaint and bring in a new party. After appellant’s brief was filed the respondent suffered default in this court by failing to file his brief. Notice of default was duly given in accord with rule 17(b), Rules on Appeal, and the ca...
Views: 0
In a trial to a jury the defendant was convicted on two counts of an information—the first charging a violation of section 288 of the Penal Code, the second charging a misdemeanor under section 702 of the Welfare and Institutions Code, and specifically that he did “expose his *666 private parts and place his private parts and hand against the bare body and private parts of Eleanor Lett.” The co...
Views: 5
This action in ejectment was instituted by-plaintiff Frank F. Chapman, against the Sky L’Onda Mutual Water Company to oust that company from three acres of land in San Mateo County, used by the defendant for many years as reservoir sites. Subsequent to the trial Chapman died and his executor and executrix have been substituted as plaintiffs. The defendant claims an easement by adverse possessio...
Views: 1
This appeal is taken from a judgment of nonsuit. Plaintiff, a Negro, received personal injuries in a fall from a moving train upon which he was a passenger. In reciting the evidence we shall be mindful of the rule, so frequently restated that any supporting citation would be superfluous, that we must consider the evidence most favorable tó plaintiff, together with every favorable inference whic...
Views: 6
The appellants herein are the surviving sons, and the respondents the surviving daughters, of Theodore Wierzbicky, deceased. The appeal involves the proper construction of the holographic will of the decedent. The dispositive portion of the will is sufficiently brief to justify our quoting it in full. It reads: “I leave to my daughters Katherine and Annie Wierzbicky share and share alike my sha...
Views: 8
Plaintiff sued upon a rejected claim to recover money advanced and loaned to the decedent and evidenced by a mutual, open and current account. A claim for the sum due was presented to the executor in due form and within time but no action was taken by the executor for more than three years. Thereupon the claimant elected to treat the claim as having been rejected and commenced this suit. The execu...
Views: 0
69 Cal.App.2d 697 (1945)
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), as Executor, etc., Respondent,
v.
GEORGE D. CRAWFORD, Appellant.
Civ. No. 14827.
California Court of Appeals. Second Dist., Div. Three.
June 25, 1945.
George Gardner for Appellant.
John H. Miller and Austin & Austin for Respondent.
SHINN, J.
On August 31, 1943, Charles L. Marti...
Views: 1
This is an appeal from a decree cancelling a deed of gift made by the decedent to the appellant on December 2, 1941.
Margaret T. Brast, a widow, died on December 19, 1941. On June 9, 1941, she had made a will wherein she named the Bank of America as executor, but the bank renounced its right to act and the appellant, Katherine G. Hanlon, a sister of the testatrix, was appointed administratrix with...
Views: 0
Petitioner and appellant was for many years a licensed real estate broker in the State of California. In 1943 the Real Estate Commissioner instituted a proceeding requiring petitioner to show cause why his license as such real estate broker should not be revoked. In this pro *718 ceeding it was found that the petitioner had been president of two corporations which made misrepresentations and fa...
Views: 8
Respondent moves to dismiss this appeal upon the ground that it was not taken within the time permitted by section 939 of the Code of Civil Procedure and therefore this court is without jurisdiction to entertain the same. It is conceded that on January 4, 1945, the judgment was entered from which the purported appeal was taken and that the notice of appeal was not filed until March 8, 1945. No pro...
Views: 0
These are two motions. (1) A motion of appellant to dismiss respondent’s motion upon the ground that the clerk of the superior court did not furnish appellant with an estimate of the cost of preparing a transcript. (2) A motion by respondent to dismiss the appeal upon the ground that appellant has failed within the time provided by law to have prepared and certified to this court a record on appea...
Views: 0
This is an appeal by the defendant in a divorce action from orders concerning alimony payments and attorney fees made several years after the final decree of divorce was granted. The interlocutory decree in this ease was signed on December 16, 1938, after a hearing upon respondent’s complaint for divorce, as to which the appellant defaulted. He is an attorney and was present in court at the time ...
Views: 11
This is a case involving the liability of the owner of an automobile, under section 402 of the Vehicle Code, for the negligence of the driver thereof. About 10:45 o’clock p. m. on April 10, 1943, the plaintiff was injured while crossing a portion of Orange Avenue in the city of Coronado. She had just alighted from a northbound streetcar and while proceeding easterly in a marked crosswalk, towar...
Views: 3
Defendant and appellant Henry Lee Johns was originally charged jointly with defendant Hiram Goodwin with the crime of robbery. It is alleged in the information that on September 10, 1944, they did unlawfully “take personal property, to wit: gasoline ration coupons, and approximately twelve (12.00) Dollars, lawful money of the United States from the person and immediate presence of Doyle W. Copela...
Views: 10
This is an appeal from a decree and order denying the cross-petition of Ruth B. White, as executrix of the will of Ralston L. White, deceased, overruling her objections to the tenth report and account of American Trust Company, trustee, formerly the Savings Union Bank and Trust Company, and directing the trustee to expend one-third of the trust property of the estate of Laura Lyon White, deceased,...
Views: 0
James Y. Baldwin died testate leaving the following survivors: Katherine G. Baldwin, his wife; Andrew E. Baldwin, his son, and Nancy Jane Baldwin, now Munroe, his granddaughter. By the terms of his will he created a trust under which the residue of his estate was distributed to his son, Andrew E. Baldwin, who was named therein as trustee. The instant appeal has been perfected by the granddaughter,...
Views: 0
69 Cal.App.2d 767 (1945)
CALIFORNIA EMPLOYMENT STABILIZATION COMMISSION, Appellant,
v.
THELMA C. HANSEN, Respondent.
Civ. No. 14579.
California Court of Appeals. Second Dist., Div. Three.
June 27, 1945.
Robert W. Kenny, Attorney General, and Clarence A. Linn, Gordon Hughes and Doris H. Maier, Deputies Attorney General, for Appellant.
Nixon A. Lange for Respondent.
FOX, J. pro tem.
Plaintif...
Views: 3
This is an appeal from an order modifying a decree of divorce in regard to the custody of two minor chil*775dren of the parties. The same case was previously before this court (Juri v. Juri, 61 Cal.App.2d 815 [143 P.2d 708]) at which time both plaintiff and defendant had appealed from an order modifying the original interlocutory decree of divorce. The record on that appeal revealed that the origi...
Views: 0
This is an appeal from a judgment pronounced on defendant after he had been convicted of burglarizing three service stations in the city of Indio. He admitted the prior conviction of a felony, The sole question presented is the sufficiency of the evidence to support the verdict and judgment. The burglary of the service stations is established but Draper argues there is no sufficient evidence conn...
Views: 15
Defendant wife appeals from a judgment granting to plaintiff husband an interlocutory decree of divorce on the ground of cruelty. Defendant, a resident of New York State, appeared and filed her cross-complaint in the instant action. The parties intermarried in New York State on September 7, 1940, and they separated on October 9, 1940. It is admitted by both that respondent attempted a reconciliati...
Views: 1
Plaintiff, an elderly lady, commenced this action to recover for injuries which she received when she was crowded from a streetcar operated by defendant. A jury returned a verdict in defendant’s favor and plaintiff has appealed from the resulting judgment. Plaintiff boarded defendant’s southbound streetcar at the corner of Fourth Street and Broadway in the city of Los Angeles about 3:15 p. m. on J...
Views: 0
This is a companion appeal to Civil 14711, ante, p. 478 [159 P.2d 688], this day decided. Defendant took an appeal from an order modifying a decree of divorce with respect to the custody of a minor child and requiring him to pay attorney’s fees and costs to the wife in the proceeding in the trial court. After that appeal was taken, upon application of plaintiff, which was opposed by defendant, the...
Views: 0
Page 729
Petitioner asks for a writ of supersedeas to restrain the enforcement of a judgment of the superior court denying a writ of mandate and thereby sustaining an order of the Contractors’ State License Board of the Department of Professional and Vocational Standards revoking petitioner’s license to engage in the contracting business. Briefly, the facts are that on or about August 23, 1943, a complain...
Views: 9
From a judgment, in a proceeding to determine heirship, adjudicating that appellant had forfeited all interest and rights in the estate of his deceased wife, he appeals. These are the conceded facts: Lilly B. Howard, wife of appellant, died testate November 9, 1938. Her will was duly admitted to probate and an inventory and appraisement was filed. ' On June 9, 1941, the executors of deceden...
Views: 6
This is an action for declaratory relief. Plaintiff, the former wife of defendant, Shipp, seeks an interpretation of a community property and support agreement (hereinafter called the agreement) entered into by said parties on August 2, 1932, and also an interpretation of a declaration of trust entered into at or about the same time by said parties and the California Trust Company, as trustee, for...
Views: 1
From a judgment in favor of defendant after trial before the court without a jury in a proceeding to have defendant declared the father of plaintiff, Thomas Ahlborn Potasz, plaintiff appeals. The evidence being viewed in the light most favorable to defendant (respondent), and pursuant to the rules set forth in Estate of Isenberg, 63 Cal.App.2d 214, 216 et seq. [146 P.2d 424], the material fac...
Views: 0
This action was instituted by plaintiffs to recover from defendant damages for personal injuries sustained by the minor plaintiff while operating a motorcycle which collided with an automobile operated by defendant on a public highway. The complaint is the usual one alleging carelessness and negligence on the part of the defendant. By her answer defendant denied the alleged negligence on her part...
Views: 10
In this action in eminent domain the court in its judgment made no order concerning costs but the clerk inserted in the remittitur which was issued on October 27, 1944, the words “respondents to recover costs on appeal.” We have now before us a motion presented by appellant to recall the remittitur and to strike therefrom the order concerning recovery of costs.
Appellant was made a party defendant...
Views: 0
This appeal presents the question of priority between two assessment liens under the San Francisco Street Improvement Ordinance. It was stipulated that “ordinance No. 4720 (New Series), was enacted under the provisions of Section 33, Chapter II, Article VI of the Charter of the City and County of San Francisco, which said Charter was ratified by a Vote of the said City and County of San Francis...
Views: 8
This is an action to quiet title to an easement and right of way for public street purposes over and upon a strip of land 14 feet wide running along the ocean front in the city of Laguna Beach. This strip is entirely covered by a wooden sidewalk or boardwalk. The entire boardwalk along this ocean front is several blocks in length but the only portion involved in this action is that within the b...
Views: 10
Plaintiff, Southern Pacific Company, appeals from a judgment denying it a refund of taxes assessed against it for the taxable year 1935 under the Bank and Corporation Franchise Tax Act. (Stats. 1929, p. 19, as amended; Deering’s Gen. Laws, 1931, Act 8488, p. 4763; 1933 Supp., p. 2329; 1935 Supp., p. 1929.)
Under the act, taxes for the year 1935 are computed on 1934 income. (§ 4.) In making...
Views: 9
The appellants herein were successful plaintiffs in the action entitled Allen v. California Mutual Building & Loam, Association (hereinafter called the Allen case) and the judgment in their favor was affirmed by the Supreme Court. (22 Cal.2d 474 [139 P.2d 321].) That judgment, so far as material to the question now presented, is here quoted:
“It is further adjudged, decreed and ordered, that each ...
Views: 0
This is an appeal from a judgment that appellant was not the owner of the contents of a safe deposit box, which he alleged he owned by reason of a joint tenancy agreement with the decedent.
Lloyd E. Dean, the appellant, and Martha Dean, the decedent, were married in 1923. In 1931 Mrs. Dean rented a safe deposit box in a bank, and the “signature card,” purporting to state that the box was h...
Views: 6
In an action for damages resulting from a battery, judgment went against defendant in the sum of $1,000 as a compensatory award and $1,000 for punitive damages. Defendant grounds his appeal upon the claims (1) that the evidence is insufficient to support the compensatory relief and (2) that plaintiff, having been the aggressor in the encounter, is not entitled to damages by way of punishment.
...
Views: 10
Plaintiffs commenced this action to recover for personal injuries which they suffered on June 4, 1943, when the automobile in which they were riding was struck by an automobile driven by defendant Dix. They allege that Dix was at the time of the accident the agent of defendant Henderson, doing business as Henderson Livestock Commission Company, acting within the course of his employment. A jury r...
Views: 4
In this action plaintiff sought to have a judgment entered by the Superior Court of Los Angeles County for a sum ordered paid to her for the support of minor children by the Circuit Court of St. Clair County, Michigan, in a divorce action. She alleged that the sum of $6,680 had accrued under the order of the Michigan court. Defendant’s demurrer was sustained without leave to amend and plaintiff h...
Views: 2
The question for decision is whether appellant wilfully misconducted himself while operating his own automobile, accompanied by a favorite friend as his guest. The *124 jury determined that he did not. The appeal is from the order of the court granting a new trial upon the insufficiency of the evidence to support the verdict. No proof other than that embalmed in the record was available. Pr...
Views: 1
The present controversy arose out of a sale of certain lands to plaintiff by defendant Compton-Delevan Irrigation District. Prom the judgment of the trial court in favor of plaintiff, the intervener-appellant Lambert alone has appealed. At the time of the sale in question the district was bankrupt. For several years it had been unable to meet either its principal or interest obligations. Its forme...
Views: 0
This is an action to collect on an open book account from the defendants, both individually and as copartners.
In August, 1939, the defendant Robertson became associated with the defendant McFarland, who then owned and operated a business known as “Standard Markets and Standard Food Stores.” For convenience, this business and any partnership will be referred-to as “Standard Stores.” At that time R...
Views: 0
The petitioner sought a writ of mandate to compel the respondent to issue a writ of execution upon a judgment which was set aside by an order granting a new trial. The petition attacked the validity of the order granting a new trial. The respondent defended the order and raised the separate defense that petitioner had an adequate remedy by appeal. A minute order denying the petition was entered a...
Views: 9
Plaintiffs sued to quiet title to the water of a certain creek or ravine on premises conveyed by Sarah H. Edgington and Hallie Olita Edgington to Ruth Grigsby by deed dated October 5, 1905. They asserted their right under and by virtue of a reservation of water rights in the above mentioned Grigsby deed and their subsequent acquisition of said rights by mesne conveyances. They also claimed righ...
Views: 2
This is an appeal from a decree denying a purported holographic will admission to probate. Appellant *165 Albert E. Loomis, a nephew of decedent, offered the following document for probate as her last will and testament: “Rosslyn Hotels 111 West Fifth Street Los Angeles, California “May 24—1943 “Mr. R. B. Bidwell Atty “Dear Mr. Bidwell: “I am Serious 111 my Dr. asks me to tell you to ...
Views: 1
This is an appeal from a judgment awarding respondent the sum of $1,557.43. The sole defense of appellant is that the action is barred by the statute of limitations. Respondent and appellant, brother and sister, were the beneficiaries under the will of their mother, Gainor G. Aitken, who died October 15, 1937, a resident of the county of Santa Clara, leaving an estate therein. This appellant was a...
Views: 0
Plaintiff brought this action to recover from defendant contributions under the California Unemploy*174ment Insurance Act (Stats. 1935, p. 1226, as amended, Leering’s Gen. Laws, 1937, Act 8780d) together with interest and penalties, upon the basis of wages paid by the association to certain employees during the period from January 1, 1938, to June 30, 1939. At the trial of the case it was agreed b...
Views: 1
PEEK, J. This is an appeal by plaintiffs from a judgment in favor of defendant. Defendant corporation was the owner of certain mining property known as the Gospel Quartz Mine located in Calaveras County, California. On October 20, 1941, D. C. Smith and Ray Hageman, president and vice-president, respectively, of said corporation, granted to plaintiffs the following option: “San Andreas, Octo...
Views: 2
This is an action to recover for the use of certain land during the crop year 1941-1942. The real plaintiffs, the Cockrills, will be referred to as the plaintiffs, and the original defendant, S. Stamoules, will be referred to as the defendant, although he died after judgment and his executor has been substituted. This action involves a crop of barley raised on a certain 150 acres of land. In 19...
Views: 0
The plaintiffs in this case are owner and lessee, respectively, of a lot in the city of Los Angeles, located in a subdivision known as Brentwood Park. Upon this lot there is a small building used by plaintiff-lessee as a real estate office. For several years prior to 1924, a real estate office was maintained upon the property in a building which was removed during that year. There was nothing on ...
Views: 4
Plaintiffs, as partners, brought this action to recover from defendants, also a partnership, the market value of 272 heavy wether lambs. The complaint is in three counts,—the first count sought replevin of the lambs; the second count was for conversion thereof, and the third count was for money had and received. Defendants’ answer controverted most of the allegations of the complaint, and as a ...
Views: 1
Frank Weber, as administrator with the will annexed of the estate of Edward A. Palm, deceased, has appealed from an order revoking his letters on the grounds of mismanagement and possession of interests adverse to the estate. He has also appealed from that portion of an order settling his first and second accounts which relates to the disallowance of interest on two notes secured by trust deeds...
Views: 4
Action to foreclose crop mortgages' and for money had and received. There appears to he little or no variance between counsel for the respective parties as to their statements of facts in the instant case. They do not agree, however, as to the legal effect of those facts. We have examined the entire record and find defendant’s statement to be a full and fair recitation thereof. Therefore, we wi...
Views: 3
In an information filed by the district attorney of Los Angeles County, defendant was accused of a violation of section 11160 of the Health and Safety Code, which, among other things, denounces as a felony the possession of narcotics, except as otherwise in said code provided. Upon her arraignment, defendant moved to set aside the information pursuant to section 995 of the Penal Code, which motio...
Views: 9
Plaintiff commenced this action under the provisions of sections 37, 38 and 44 of the California Unemployment Insurance Act [Stats. 1935, p. 1226, as amended; Deering’s Gen. Laws, Act 8780d] for the collection of contributions, interest and penalties alleged to be due from defendant in the sum of $8,270.84 for the period from January 1, 1936, to September 30, 1939. The trial court found that contr...
Views: 5
The plaintiff has appealed from a judgment rendered in a suit against the son of her deceased husband, to cancel a deed executed by the father prior to his marriage with plaintiff on the grounds of lack of consideration and undue influence. Plaintiff also asked the court to quiet title in her to a one-third interest in the ranch, and also asked for an accounting of the proceeds therefrom. The d...
Views: 7
Robert M. Nelson brought this action against the representatives of the estate of his deceased sister, Elizabeth A. Nelson, to recover damages for the alleged wrongful conversion by her of 42 acres of land on Ryers Island in Solano County. The action was based on allegations to the effect that Nelson reposed great trust and confidence in his sister, and that while he was confined in a hospital ...
Views: 4
This is an appeal from an order allowing respondents the sum of $5,400 for extraordinary legal services. It appears that Louis W. Morrison, the father of appellant, died testate on March 26, 1935, and that the appellant became the executor of his father’s will. Until December, 1939, the executor was represented by the law firm of Golden and Kaufman, and thereafter by Arthur Y. Kaufman who conti...
Views: 0
These two proceedings in mandamus were consolidated for trial and a single judgment was entered in favor of the respective plaintiffs, from which the defendants in each proceeding have appealed.
The proceedings called for a judicial interpretation of one paragraph in each of the 1943 amendments to sections 35 and 36 of the San Francisco Charter. The effect of those amendments was to increa...
Views: 5
This is an appeal by W. Frank Shelley from a decree of distribution by which all of the property which was found to belong to the estate of John Basso, deceased, was determined to be community property and was distributed to his widow, Cattarina Basso. Appellant was in court as the assignee of a 20 per cent interest in a share of the estate claimed by decedent’s daughter, Jennie V. Geisler. Dec...
Views: 2
Earl T. Hull, individually and as surviving partner of the firm of Albert M. Hull and Earl T. Hull, appeals from an order of the Superior Court of Los Angeles County denying his motion for issuance of an execution after five years had elapsed from June 17,1938, the date upon which a final judgment in favor of the partnership was entered. That judgment, based upon a promissory note signed by defend...
Views: 1
This is an action to foreclose a mechanic’s lien. The controversy grows out of the construction of a house on a 20-acre ranch near Strathmore, which is owned by the defendants Fradkin. The lumber company has its head office in Visalia and has branches in several places in Tulare County, including one at Strathmore. One D. E. Thompson was manager of this branch and his son, the defendant Ernie T...
Views: 0
This is an action for damages for personal injuries arising out of an automobile accident. The only question with which we are concerned is as to whether Mrs. Kruzie, who was riding in an automobile driven by Mrs. Sanders, was a “guest” within the meaning of section 403 of the Vehicle Code. On a former appeal (Kruzie v. Sanders, 23 Cal.2d 237 [143 P.2d 704]), the Supreme Court reversed *316a judgm...
Views: 1
On October 23, 1942, Peter and Thomas McDonough filed in the superior court petitions for writs of mandate to compel the state Insurance Commissioner to issue to them licenses as bail permittees. These petitions prayed for a trial de novo before a jury of the issue as to whether petitioners possessed the statutory qualifications required of all such permittees. The petitions allege that in August,...
Views: 5
Petitioner alleges that he is now unlawfully imprisoned, confined and restrained of his liberty by the warden of the penitentiary at Folsom, in that he has served, with the'benefit of credits earned and granted, the maximum *361 term of imprisonment provided by law for the offense with which he was charged, and that the judgment and commitment under which he is held are void upon the face there...
Views: 8
Action for damages for breach of cropping agreement. Defendant corporation, by written agreement dated January 7, 1943, granted plaintiff the right to enter upon a certain ranch owned by it in Fresno County for the purpose of growing crops thereon during the cropping season of 1943. The contract provided generally: (1) that plaintiff shall furnish' labor, materials and all costs of operation an...
Views: 6
Plaintiffs commenced this action to specifically enforce an alleged agreement to sell real property, which agreement was predicated upon certain letters which passed between plaintiffs and Henry J. Lutter during the latter’s lifetime; or to recover damages for the breach of said agreement if, for any reason, specific performance could not be decreed. Named as defendants are the two executors of th...
Views: 0
This is an action for personal injuries sustained by plaintiff when the rear end of his automobile was struck by a car driven by defendant traveling in the same direction. Judgment upon a verdict for defendant was entered and plaintiff appeals. Plaintiff was driving on the highway a few miles south of Lone Pine, Inyo County. He overtook a man and a child walking northerly along the edge of the hi...
Views: 12
This is an appeal by the plaintiffs from a judgment in favor of the defendant in an action for declaratory relief. Plaintiffs leased to defendant, a Japanese, the. second floor of the building located at the northeast corner of First and Los Angeles Streets, in the city of Los Angeles, for the period from February 1, 1940, to January 31, 1944, at a rental of $175 per month. Defendant operated a...
Views: 5
This is a purported appeal from a judgment of dismissal. The record does not show that there was a notice of entry of judgment. A notice of motion for a new trial was served and filed on August 12, 1943. The motion was heard and taken under advisement by the court on September 14, 1943. The court made an order on October 19, 1943, denying the motion for a new trial. The power of the court to pass ...
Views: 2
This appeal is from an order and judgment entered pursuant thereto, modifying a final decree of divorce granted to plaintiff. By the terms of said decree defendant was ordered to pay to plaintiff $100 per month for the support and maintenance of herself and the minor child of the parties for a period of eighteen months, and thereafter to pay to plaintiff $35 per month for the support of said ch...
Views: 6
Arthur T. Boericke, Charles C. Boericke, W. M. Breckenfeld and L. G. Gelinas, stockholders owning 212 of the 405 outstanding shares of Boericke and Runyon Company brought this action under section 315 of the Civil Code against the corporation, J. Harold Weise, Gillette Lane and Margaret Burns, who own between them 51 shares of the corporate stock, to have determined the validity of an election of...
Views: 4
This is an appeal from an order enjoining and restraining defendants from “proceeding with the execution, and from proceeding with any other levy or executions against plaintiff for the satisfaction of the judgment or claims of Andy McGehean against Isadore M. Hoffman,” who is respondent in the within appeal. In a proceeding before the Industrial Accident Commission, in due form, the plaintiff her...
Views: 0
Petitioner herein charges that his confinement is illegal in that he has been held to answer the charge of violation of section 288 of the Penal Code without probable cause for the reason that no violation of said section was shown to have been committed. Attached to his petition is a complete transcript of the proceedings before the committing magistrate. From said transcript it appears that t...
Views: 14
68 Cal.App.2d 426 (1945)
ALBERT E. JARKIEH, Respondent,
v.
EMMA BADAGLIACCO, Appellant.
Civ. No. 12756.
California Court of Appeals. First Dist., Div. One.
Mar. 16, 1945.
Emmett R. Burns, James M. Thomas and James A. Himmel for Appellant.
O'Connor, Neubarth & Moran and Harold H. Cohn for Respondent.
PETERS, P. J.
There are pending before this court several appeals and motions, all conn...
Views: 3
This is an appeal from a judgment ordering the issuance of a peremptory writ of mandate. In October, 1938, the plaintiff was charged before the defendant board with violations of sections 3098 and 3125 of the Business and Professions Code. After hearings, the charges were sustained and on December 19, 1938, orders were made and entered by the board adjudging the plaintiff guilty of the violations ...
Views: 2
The record herein discloses that plaintiff is engaged in the business of tracing assets of judgment debtors and assisting attorneys in the collection of judgments. Also, that defendant Silverstein on July 29, 1937, recovered in the Superior Court of Los Angeles County a judgment for *445$18,983.66 and costs against John A. Woodward, Jr., which judgment was based on a prior judgment against said Wo...
Views: 0
The facts which form the basis of the instant litigation appear to be briefly as follows: On or about March 3, 1940, Robert Stephen Rhea and respondent Fayetta Lenora Rhea were married at Covington, Kentucky; that on September 2, 1941, said respondent filed suit for divorce against Robert Stephen Rhea and the interlocutory decree therein was entered October 3, 1941. Thereafter, during the month...
Views: 9
The defendant in this case acquired by foreclosure of a trust deed an income-producing parcel of real estate which the plaintiff had furnished as security for payment of his promissory note executed on June 16, 1936, in favor of the defendant in the sum of $500. The note was given when plaintiff and defendant separated after living on defendant’s property for some five years in contemplation of ma...
Views: 0
Lillian Buchmayer sued Frank Buchmayer for divorce upon the ground of cruelty. They had been married for three years and seven months at the time of their separation. The defendant answered and filed a cross-complaint for divorce upon the ground of cruelty. By his cross-complaint he also sought to have set aside a deed executed by himself to himself and his wife, which placed in joint tenancy thr...
Views: 5
Contestant, Louis Budway, appeals from a judgment rendered in favor of defendant, Jonathan J. Hollibaugh, in an election contest. Contestant filed with the county clerk a written statement of contest which set forth that at an election held on April 11, 1944, the contestant, defendant and three other persons were candidates for the office of city councilman of the city of Huntington Park, at which...
Views: 1
The defendant has appealed from a judgment rendered pursuant to the verdict of a jury, convicting him of the crime of unlawful possession of, and carrying on his person, a sharp instrument, to wit, a knife, while he was a prisoner in Folsom State Prison, contrary to the provisions of section 4502 of the Penal Code. He also gave written notice of an appeal from “the court’s order denying a motion ...
Views: 18
Appellant Sarah McKellar, by her action, sought to recover from respondents Pendergast, as owners, and respondent Randlett, as manager of an apartment house in the city of Sacramento, damages for personal injuries. The jury returned a verdict in her favor. However, respondents’ motion for a judgment notwithstanding the verdict was granted and judgment for defendants was entered accordingly.
...
Views: 11
A jury convicted defendants of robbery, perpetrated while armed with revolvers. A motion for a new trial was denied. Each has appealed from the judgment and order affecting him, and filed separate briefs in support of his appeal. Each claims that irrelevant evidence, prejudicial to him, was introduced, which resulted in a verdict based upon passion and prejudice. In addition appellant Matas c...
Views: 9
Plaintiff brought this action to dissolve an alleged partnership with the defendant and for an accounting. From a judgment for $2,194.72 in favor of plaintiff, the defendant appeals. *502Plaintiff is a chiropractor licensed to practice in California. The defendant, a layman, is alleged to own the patent rights upon a certain mechanical device, known by the trade name of “Adomolator,” used in the t...
Views: 0
This appeal comes before us on the judgment roll and is taken from a judgment of dismissal of an action brought by plaintiff to recover possession of equipment, usable *506 for gambling purposes (hereinafter referred to as "equipment”), following the sustaining without leave to amend of the demurrer of defendant to plaintiff’s second amended complaint. By such second amended complaint filed h...
Views: 7
This is an action to quiet title to a parcel of land. The action was originally instituted by Margaret J. Waters, widow of Elias Waters, deceased, against Lily Edwards and Roy Waters, children of Elias Waters by a former marriage and his sole heirs at law. Margaret J. Waters died prior to trial, and her sons by a former marriage, William A. White, Albert H. White and George L. White, presented a ...
Views: 0
From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover damages alleged to have been caused by the negligence of defendant in failing to provide proper barriers around an excavation, defendant appeals.
The evidence being viewed in the light most favorable to plaintiff (respondent), the essential facts are;
Defendant, a sewer contractor...
Views: 7
Defendant appeals on the judgment roll alone, from a judgment in favor of plaintiff, after trial before
*525
the court without a jury, in an action to restrain defendant from using his name in a competitive business either alone or in combination with other words.
The undisputed facts are these:
The defendant, whose trade name is Charles H. Hoyt, has been engaged in the b...
Views: 8
The defendants have appealed from a judgment of $30,000, which was rendered against them in a jury case, as damages for personal injuries received as the result of being thrown from a ladder to the bottom of a twenty-five foot concrete shaft in the structure of the Shasta Dam. While the plaintiff was engaged in the performance of his duties as an employee of the United States Bureau of Reclamat...
Views: 15
This action, was brought to recover contributions claimed to be due from defendant as an employer, under the provisions of the California Unemployment Insurance Act. (Stats. 1935, ch. 352, as amended; 3 Deering’s Gen. Laws, Act 8780d.) The facts are not in dispute, the parties having stipulated that on July 22, 1940, defendant entered into a contract in writing to purchase Cralle’s barber shop in ...
Views: 1
Plaintiffs and appellants brought this action for damages against defendants and respondents as a result of an automobile accident occurring about 7:10 p. m. on July 7, 1943, near the intersection of Blackstone and Gettysburg Avenues just north of Fresno. Blackstone Avenue runs due north and south; Gettysburg Avenue runs east and west and intersects Blackstone Avenue at right angles. At the point...
Views: 7
On April 20, 1937, a contract was entered into between William Rosenthal as seller and Boston Iron & Metal Co. as buyer for the sale of 4,000 to 4,500 gross tons of scrap steel at $30 per gross ton, delivered Japan, for shipment
*566
during May, June, July and August, 1937. Three cargoes were shipped, the first from Honolulu and the other two from Oakland, weighing in all, accordin...
Views: 2
This is an appeal from an order of the Superior Court of San Mateo County discharging the respondent from the custody of the Sheriff of the City and County of San Francisco by writ of habeas corpus. Respondent pleaded guilty in the Superior Court in San Francisco to charges of two separate violations of section *57511160 of the Health and Safety Code in actions numbered in that court No. 34351 and...
Views: 8
In this action to recover the deficiency on a note after sale of the property pursuant to the deed of trust given as security for the obligation, the only contentions relied upon for reversal arose out of the court’s rulings upon offers of evidence on the trial of the issues as to the value
*579
of the property at the time of the sale. This is the second appeal, the first judgment ...
Views: 3
Plaintiff instituted this action for declaratory relief and for specific performance of a contract made with her husband for the management of their properties and the conversion of their titles. The case was appealed once before from a judgment adverse to plaintiff (54 Cal.App.2d 326 [128 P.2d 791]). While the court there declared the meaning of controverted clauses of the contract, it denied ...
Views: 7
Petitioner was licensed on November 23, 1938, as a physician and surgeon. On December 2, 1942, a complaint was filed with the Board of Medical Examiners of the State of California in which it was charged that petitioner was guilty of unprofessional conduct as defined by section 2383 of the Business and Professions Code, and more particularly that he had been “convicted of a crime involving moral t...
Views: 6
Two actions having arisen out of the same event are consolidated for the purpose of decision. Appellant Shelby suffered serious injuries while operating Devere’s truck and trailer which with their cargo were almost wholly destroyed as the result of their collision with the switch engine and tender of respondent company operated by the natural defendants. Judgments having been entered against plai...
Views: 2
Defendants have appealed from an order of the superior court granting plaintiff’s motion for the issuance of execution more than five years after the entry of judgment. Plaintiff obtained a judgment on June 13, 1938, against defendant Walter E. Warne in the sum of $8,176.60 for injuries suffered in an automobile accident in which plaintiff was injured. At the same time plaintiff obtained judgme...
Views: 6
Petitioner filed an application for a writ of review in the District Court of Appeal, Second District, seeking the annulment of an order of the Superior Court of Los Angeles County whereby she had been adjudged guilty of contempt of court in removing her minor daughter from the State of California pending an appeal from a court order permitting the child’s removal. Her application was denied by D...
Views: 5
Defendant was charged by information with the violation of section 337a, subdivision 2, of the Penal Code, in that he occupied a room with paraphernalia for the purpose of recording bets upon the result of horse races. He was found guilty by the court sitting without a jury and has appealed from the judgment of conviction. Defendant now contends that the evidence is insufficient to justify the ...
Views: 9
The defendant, Wesley Voice, was found guilty by the court sitting without a jury of the crime of contributing to the delinquency of a girl fourteen years of age. (Welf. & Inst. Code, § 702.) Motion for probation was denied and defendant was sentenced to five months’ imprisonment in
*612
the county jail. This appeal was taken from the judgment of conviction.
The first point ur...
Views: 6
This is an appeal from a judgment and order denying a motion for a new trial following defendant’s conviction by a jury of lewd and lascivious conduct as set forth in Penal Code, section 288. The complainant, a female child of the age of eleven years, and her sister, aged ten, visited defendant’s “shack” in the city of Richmond on an afternoon in the early part of July, 1944, upon the invitatio...
Views: 6
This is an appeal by Frederick Scribner, as trustee, from an order approving and settling the fourth account current and report of Lyndol L. Young, as surviving trustee under the will of Helen Iten Tierney, deceased, and as executor under the will of Katherine C. Iten, deceased co-trustee, and overruling objections and exceptions made thereto by said Frederick Scribner.
The record herein discloses...
Views: 0
In a proceeding under section 1120 of the Probate Code the petitioner had a decree awarding him the sum of $26,000 out of the portion of a testamentary trust awarded to Stanley Henshaw, who is the appellant herein.
Frederick W. Henshaw died testate in June, 1929. By his will he left a large part of his estate in trust to his widow, the remainder, upon her death, to go to his three sons the...
Views: 2
The appellant, a licensed surveyor, filed a petition in the superior court asking for a writ of mandate to compel the County Surveyor and the County Recorder of Los Angeles County to accept for recordation a record of survey of a tract of approximately 10 acres of land situated near Newhall. The trial court sustained a demurrer to the complaint, giving plaintiff permission to amend and “to join B...
Views: 1
By this proceeding petitioner seeks by writ of prohibition to restrain the superior court from enforcing its order granting a new trial in the case of Ruth Brune v. Guy Francis. It is urged that such order was void for the reason that it was made more than sixty days after *644service of written notice of entry of judgment in violation of section 660 of the Code of Civil Procedure. Neither respond...
Views: 7
Petitioner applies to this court for bail pending his appeal from a judgment of conviction of the crime of manslaughter. He asked for and was refused bail by the trial court. The present application is directed to the original jurisdiction of this court. (Pen. Code, §1291; rule 32(b), Rules on Appeal.) Counsel for petitioner and the district attorney stipulated that the evidence offered in the sup...
Views: 13
This is an appeal by defendant from an order of the superior court permitting plaintiff to remove the minor child of the parties from the State of California. ' Plaintiff was granted an interlocutory decree of divorce from defendant on November 27, 1939, and the final decree was entered on December 6, 1940. On those dates both parties were residents of California. On April 9, 1944, plaintiff was m...
Views: 12
Claiming that the defendant’s decedent, H. O. Hanson, did by an alleged gift transfer the same to him, one Frederick B. Brown commenced this action to establish his title and to obtain possession of the funds represented by certain bank books contained in a certain safe deposit box. Later the defendant answered. Still later an order was made substituting Fred B. Hart as plaintiff. The action was ...
Views: 0
The defendant was charged with having violated the provisions of section 337a of the Penal Code,
*667
subdivisions 2, 4 and 6 thereof, on the 6th day of June, 1944, in the city and county of San Francisco. The charges relating to subdivisions 4 and 6 were dismissed and after a plea of not guilty the case proceeded to trial before a jury on the first count alone. The defendant was f...
Views: 12
Appellant was convicted of robbery of the second degree, and his motion for a new trial was denied. He has appealed contending that the trial court erred in allowing certain questions to be asked of him on cross-examination, and in denying his motion for a new trial. On direct examination English testified that he had been in the army and honorably discharged. On his cross-examination the follo...
Views: 13
The appellant and Lowell Bell were jointly charged and convicted of petty theft and prior convictions of felonies. They were tried with a jury. The appellant admitted the prior conviction of felony. A motion for new trial was granted the defendant Bell, but denied as to the appellant, who was thereupon sentenced to state prison for the indeterminate term- prescribed by law. From that judgment a...
Views: 17
The plaintiff, Jean Singleton, sued the defendant, John Singleton, who is her brother, for malicious prosecution and, upon trial before the court sitting without a jury, was given judgment for “$2500 as actual damages, $200 for attorney's fees in criminal proceeding, and $2500 as exemplary and punitive damages,” from which judgment defendant prosecutes this appeal.
The action arose out of ...
Views: 8
Defendant was convicted after trial before the court without a 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 in the light most favorable to the People (respondent), the essential facts are: On August 4, 1944, defendant committed an act prohibited by section 288 of the Penal Code, to wit, he ...
Views: 0
These two companion cases were filed by plaintiff and respondent in the Superior Court of Kings County against defendant and appellant. Both appeals are from orders denying motions for change of venue. They involve the same question and are submitted on one set of briefs.
Case No. 3177 seeks the recovery of money due as a result of a partnership accounting. The complaint alleges generally ...
Views: 11
This is an appeal by plaintiff from a judgment (1) giving the physical custody of the minor son of the parties hereto to the Ambassador Gardens Nursery School for a period of one year, and (2) enjoining plaintiff from removing his minor son from the county of Los Angeles. This appeal is on the judgment roll alone. The undisputed facts are these: Plaintiff instituted the present action to obta...
Views: 6
This appeal is taken from the judgment entered in favor of the defendants upon the order of the trial court sustaining their demurrers to plaintiff’s first amended complaint without leave to amend. By said complaint plaintiff sought to recover the aggregate sum of $111,050.48, alleged to be the amount of damages suffered by her by reason of alleged false imprisonment. The sole question before us ...
Views: 8
68 Cal.App.2d 725 (1945)
GEORGE GARDNER, as Trustee in Bankruptcy, etc., Respondent,
v.
RICH MANUFACTURING COMPANY, LTD. (a Corporation), Appellant.
Civ. No. 14524.
California Court of Appeals. Second Dist., Div. Three.
Apr. 14, 1945.
George W. Manierre and G. M. Cuthbertson for Appellant.
Ernest W. Pitney for Respondents. *729
FOX, J. pro tem.
Defendant appeals from a judgment in favor of...
Views: 3
From a judgment in favor of defendants after trial before a jury in an action to recover damages for the death of plaintiff’s husband alleged to have been caused by the negligence of defendants, plaintiff appeals. The evidence being viewed in the light most favorable to defendants (respondents) and pursuant to the rules set forth in Estate of Isenberg, 63 Cal.App.2d 214, 216 et seq. [146 P.2d...
Views: 1
68 Cal. App. 2d 745 (1945)
MARY E. R. CHAPMAN, Appellant,
v.
TITLE INSURANCE AND TRUST COMPANY (a Corporation) et al., Respondents.
Civ. No. 14719.
California Court of Appeals. Second Dist., Div. Two.
Apr. 17, 1945.
Lin Price for Appellant.
Joseph A. Ball for Respondents.
MOORE, P. J.
In this action sounding in negligence judgment of nonsuit is questioned on the appeal.
Plaintiff fell and...
Views: 5
The question for decision is whether the findings have substantial evidentiary support. On September 7,1943, respondent obtained an interlocutory decree of divorce from appellant with whom she had lived in conjugal amity for some years. Following the entry of that decree appellant instituted this action against her for declaratory relief, claiming that the home in Compton in which the parties had ...
Views: 0
The question for decision is whether the probate court abused its discretion in directing the adminis*756trator to convey property, the sale of which had already been confirmed, and in denying the motion of the administrator to vacate the order of confirmation, substantial evidence having shown that the delay was not due to the neglect or refusal of respondents. On October 7, 1943, the court below...
Views: 0
The question for decision is whether a defendant has the right of appeal from the clerk’s entry in his registry of the dismissal of an action on the request of plaintiff, where no counterclaim or other pleading demanding affirmative relief has been filed.
In the court below defendant filed its motion to strike and a demurrer to the amended complaint for damages alleged to have been suffere...
Views: 1
68 Cal. App. 2d 765 (1945)
LOUISE L. KLINE, Respondent,
v.
M. BARKETT, Appellant.
Civ. No. 14613.
California Court of Appeals. Second Dist., Div. Three.
Apr. 19, 1945.
Gibson, Dunn & Crutcher and Philip C. Sterry for Appellant. *768
Paul Nourse and Pat A. McCormick for Respondent.
WOOD (Parker), J.
Defendant appeals from a judgment upon a verdict in favor of plaintiff for $18,000 damag...
Views: 2
68 Cal. App. 2d 780 (1945)
Estate of EDWARD E. WILCOX, Deceased. ZOA BEATTY, Appellant,
v.
CHARLES W. WILCOX, as Executor, etc., Respondent.
Civ. No. 14644.
California Court of Appeals. Second Dist., Div. Three.
Apr. 19, 1945.
Ben Koenig and Aaron B. Rosenthal for Appellant.
Philbrick McCoy for Respondent.
FOX, J. pro tem.
This is an appeal from an order settling the first and final accoun...
Views: 3
This is an appeal from a judgment for defendant in an action to recover the rental of two highway advertising signs which plaintiff erected for defendant on Highway 99, north and south of Bakersfield. The written contract was dated October 14, 1941, and provided that defendant pay plaintiff $75 per month for thirty-six months for the use of the signs. It contained an acceleration clause in the eve...
Views: 1
This is an action to obtain possession of Section 36, Twp. 14 N., Range 15 East, S. B. B.
&
M., to eject the defendants and enjoin them from entering said lands or claiming ownership therein, and to recover for ores and minerals of the value of $6,000 alleged to have been removed therefrom.
The plaintiff claims title to this section under the act of Congress of March 3, 1853 (10...
Views: 0
68 Cal. App. 2d 798 (1945)
In re LYLE DAVIS, on Habeas Corpus.
Crim. No. 1899.
California Court of Appeals. Third Dist.
Apr. 20, 1945.
Thos. O'Hara for Petitioner.
Robert W. Kenny, Attorney General, James O. Reavis, Deputy Attorney General, John Quincy Brown, District Attorney (Sacramento), and John B. Heinrich, Assistant District Attorney, for Respondent.
ADAMS, P. J.
Petitioner Lyle Davi...
Views: 8
The plaintiff and defendant Beatrice S. Luce are owners in joint tenancy of a parcel of real property. This suit was brought to quiet title, to enforce a constructive trust and to cancel the deed to the property as to defendant’s interest, on the grounds of fraud and failure of consideration. The appeal is from a judgment in defendant’s favor.
The appellant and Addie E. Ampuero, his wife, ...
Views: 4
68 Cal. App. 2d 821 (1945)
THEODORE A. SIMPSON et al., Petitioners,
v.
THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents.
Civ. No. 14797.
California Court of Appeals. Second Dist., Div. One.
Apr. 24, 1945.
Lindstrom & Bartlett and Lecompte Davis for Petitioners.
Katz, Gallagher & Margolis, Willis O. Tyler and Loren Miller for Real Parties in Interest.
DORAN, J.
This petition for...
Views: 2
68 Cal. App. 2d 825 (1945)
ANKA RADISICH, as Administratrix, etc., Respondent,
v.
FRANCO-ITALIAN PACKING COMPANY (a Corporation), Appellant.
Civ. No. 14446.
California Court of Appeals. Second Dist., Div. Three.
Apr. 24, 1945.
Overton, Lyman & Plumb and L. K. Vermille for Appellant. *829
David A. Fall for Respondent.
DESMOND, P. J.
The defendant, Franco-Italian Packing Company, hereina...
Views: 1
68 Cal. App. 2d 843 (1945)
DAVID L. BALL, Respondent,
v.
M. H. STEPHENS, Appellant.
Civ. No. 14602.
California Court of Appeals. Second Dist., Div. Three.
Apr. 24, 1945.
C. P. Kaetzel and M. A. Fitzgerald for Appellant.
Nelson & Castro for Respondent.
SHINN, J.
The judgment in this case declared, "that for more than thirty years immediately preceding the commencement of the above-entit...
Views: 2
68 Cal.App.2d 853 (1945)
THE PEOPLE, Respondent,
v.
ROBERT NOBLE et al., Appellants.
Crim. No. 1816.
California Court of Appeals. Third Dist.
Apr. 24, 1945.
Robert Noble, Ellis O. Jones and F. K. Ferenz, in pro. per., and E. W. Miller for Appellants.
A. L. Wirin and Wayne M. Collins as Amici Curiae on behalf of Appellants.
Robert W. Kenny, Attorney General, and Sherrill Halbert, Deputy Atto...
Views: 1
Page 840
The issues presented in the instant case are in all respects similar to those tendered in the case of West Coast Home Improvement Co. v. Contractors’ State License Board of the Department of Professional amd Vocational Standards, this day decided, ante, p. 1 [155 P.2d 863]. Upon the authority of and for the reasons stated in the cited case, the petition for a writ of supersedeas herein is denied a...
Views: 0
This is a companion case to the case of Estate of Tierney, ante, p. 621 [157 P.2d 411] this day decided, and involves practically the same issues, except that the instant cause has reference to an appeal from an order approving the fifth account current of the guardians of the minor children of decedent Tierney, and overruling objections thereto made by appellant Scribner; while the companion ease...
Views: 0
The appellant Day and one Miramontes were convicted of first degree robbery. The evidence showed that on August 9, 1944, during the noon lunch hour Miramontes entered the office of the Housing Authority in the city of Richmond and at the point of a pistol compelled the two women employees then present to give him the cash on hand in the office. The only evidence connecting appellant with the robb...
Views: 15
Appellants C. S. McKinney and Michael Marcus and defendant Dale Dodd, were jointly charged in count I with the crime of criminal conspiracy to receive stolen property. It is alleged that they did, between certain specified dates, voluntarily conspire with each other and with one C. R. Holloway, Marvin Kelley, John Dunn, and divers other persons now unknown, for their own gain and to prevent the o...
Views: 10
The appellant John Beltowski and one Tony Castropil were jointly accused by information, of robbery. By a separate information one Earl Swanson was charged with the same offense. The three defendants were tried together before a jury and were convicted and sentenced to the state prison. Beltowski is the only defendant who has appealed. On Saturday evening, March 11, 1944, about 8:30, William P....
Views: 17
Plaintiff commenced this action to recover from defendants the sum of $29,350.87, allegedly due as the proceeds of certain checks, payable to plaintiff, and collected by defendant bank from the drawee bank upon the alleged unauthorized endorsement by defendant Cunningham, and to which endorsee the proceeds of said checks were paid.
We do not deem it necessary to a determination of the ques...
Views: 1
Joseph A. Stueker, a member of the California Highway Patrol, met his death on January 7, 1943, while directing traffic at the intersection of San Fernando Road and Sunland Boulevard, in the city of Los Angeles, when his motorcycle was struck by a 1941 Ford dump truck owned by defendant corporation and being operated by defendant McMains. The surviving wife of decedent, individually and as guardi...
Views: 0
This is an appeal from an order denying defendant’s motion for a new trial under section 953e of the Code of Civil Procedure, predicated upon the impossibility of obtaining a phonographic .report of testimony taken on the trial of a divorce case, due to the death of the stenographic reporter; and granting the plaintiff's motion to terminate proceedings to prepare a record on appeal from an inte...
Views: 10
By his petition for a writ of mandate the plaintiff sought to compel the defendant, Board of Police and Pire Commissioners, to retire him from active service in the fire department and to award him a pension under the provisions of subdivision 3 of section 187 of the Long Beach City Charter, upon the ground that he had sustained injuries while acting in the course of his employment as a fireman...
Views: 1
This is an action for damages for personal injuries sustained by plaintiff, a pedestrian, as a result of being struck by an automobile driven by defendant. In a trial without a jury, plaintiff obtained judgment. Defendant appeals from the judgment and contends that plaintiff was guilty of contributory negligence as a matter of law. The accident occurred about 110 feet south of the intersection of ...
Views: 0
This is an appeal from a judgment ordering the issuance of a peremptory writ of mandate to compel the defendants to grant the plaintiff a pension. The plaintiff is the surviving widow of Engebret Larson, a sergeant of the Long Beach Police Department, who was killed in an automobile accident on February 25, 1942, while *61performing the duties of a police officer. Plaintiff and Mr. Larson had been...
Views: 8
On June 28, 1943, in Louisville, Kentucky, J. B. Mahoney, Sr., a resident of Los Angeles, purchased an airplane-travel accident insurance policy from the plaintiff insurance company and mailed it to the beneficiary named therein, J. B. Mahoney, Jr., of Los Angeles, his sixteen-year-old son by a former marriage. Soon after the policy was purchased, the insured boarded an airplane for the purpose o...
Views: 0
Plaintiffs appeal from a judgment entered after the trial court granted defendants’ motion for a directed verdict in their favor upon completion of the testimony offered by both sides. The appeal is presented upon a settled statement in lieu of both a reporter’s and clerk’s transcript pursuant to rule 7(b), Rules on Appeal.
The action sought damages for the wrongful death of Dorothy Farmer...
Views: 3
It was charged in 2 counts of an information that appellant and one Godsey committed robbery, a felony, and that they were armed with a gun at the time of the commission of the alleged offenses. Trial was by jury and appellant was found guilty as to both counts as charged in the information. Godsey was found guilty as to count 1 as charged in the information, and not guilty as to count 2. Two pre...
Views: 11
Prior to 1929 litigation was started over the title to long strips of land ten feet wide, adjoining the two sides of and running parallel to the right of way of the Atchison, Topeka and Santa Pe Railway Company, as it runs through the city of Albany in the county of Alameda; and in 1941 the present action was brought by the respondent, Lila Wagnor, to quiet title to a portion of the strip, 3,000 ...
Views: 2
This is an appeal by defendant from an adverse judgment in an action for an accounting.
The sole issue involved is the right as between the parties, both of whom are licensed medical practitioners, to certain accounts receivable which had accrued during the course of their business association and remained uncollected at the termination thereof. Said association was predicated upon a written contr...
Views: 1
This is an appeal from a judgment after trial by a jury= convicting defendant on four counts of assault on three women, two of said counts being for assault with intent to commit rape and two for ‘ ‘ assault with an instrument likely to produce great bodily harm, an offense included within the charge of intent to commit murder,” and from the order of the court denying defendant’s motion for a n...
Views: 8
At about 6:20 p. m. on the evening of October 14, 1941, Rudolph Lang, Jr., a sixteen-year-old minor employed part time as an attendant at the Signal Oil Station at the southeast corner of Fowler Avenue and Portola Drive in San Francisco, was called upon to repair the tire of an automobile which was then parked on the north side of Portola Drive a short distance west of the Signal station. Lang ...
Views: 9
This is an appeal from an order admitting the will of L. Philippi, deceased, to probate and appointing Mary Tomalino administratrix of the estate with the will annexed. *129L. Philippi, a resident of San Bernardino County, died on August 8, 1943, leaving an estate of the value of upwards of $45,000. Philippi seemed to be a maker of wills, the evidence indicating that he executed four or five betwe...
Views: 0
This is a proceeding to review an award of the Industrial Accident Commission denying corn *137 pensation to the petitioner, Henry C. Williams. After the submission of the cause to this court the original petitioner died and by stipulation his widow, Clara Williams, has been substituted as petitioner herein. The respondent commission found that Williams’ claim for compensation was barred by t...
Views: 1
The plaintiffs sued to foreclose a materialman’s lien in the sum of $262.26. Judgment was entered ¿gainst the original contractor Lascy for the amount of the *143lien, and in favor of the defendants Cochran quieting their title to the real property free from the claim of lien. The defendants contracted with Lascy to build a house on the property for the total cost of $8,500. They secured a loan of...
Views: 0
By means of habeas corpus the petitioner seeks release from imprisonment in Folsom State Prison on the ground that he was erroneously determined to be an habitual criminal under section 644 of the Penal Code since he served imprisonment for one of the prior felonies, of which conviction he pleaded guilty, in the State Reformatory of Kansas, as distinguished from a state prison, as that section req...
Views: 5
Defendant appeals from a judgment of conviction of assault with intent to commit rape. The case was tried without a jury and the sole attack on the judgment is that it is not supported by the evidence. In support of the judgment we must assume that the trial court believed the evidence most favorable to the judgment rendered and drew any reasonable inferences from that. evidence which would suppor...
Views: 20
Plaintiff sued for separate maintenance. Defendant set up as a defense a decree of divorce granted in the State of Nevada. The trial court found this decree valid and entered judgment for the defendant. On this appeal the only real question involved is whether the evidence supports this finding. The evidence leading up to the entry of the Nevada decree *151is widely conflicting, both plaintiff and...
Views: 4
The defendant was convicted on an information charging a violation of section 2, chapter 339, Statutes 1923, as amended by chapter 1098, Statutes 1931, as unlawfully having in his possession and under his control a certain firearm, to wit, a revolver. He has appealed from the judgment and from the order denying a motion for a new trial.
Respondent was tried by a jury and the two arresting officers...
Views: 3
Plaintiff, in an action for declaratory relief, sought an adjudication of the rights existing between the parties to a certain contract. The court sustained a general and special demurrer to a third amended complaint, denied a motion that a fourth amended complaint be filed and ordered the action dismissed. From this judgment of dismissal an appeal is taken.
According to the complaint, the...
Views: 7
The State appeals from an order and judgment of nonsuit in a proceeding instituted by the State to forfeit an automobile pursuant to Health and Safety Code section 11610.
Both the registered owner, Samuel W. Harrison, Jr., and the legal owner, Fidelity Acceptance & Thrift Company, filed answers as claimants and interveners which denied that the automobile was used unlawfully, and as a sepa...
Views: 2
The defendant was tried by a jury on an information charging a violation of subdivision 2 of section 337a of the Penal Code. The jury returned a verdict of guilty and the appeal is taken from the ensuing judgment. The pertinent provisions of the code section under which defendant was tried declared every person guilty of a felony “Who, whether for gain, hire, reward, or gratuitously, or otherwise,...
Views: 5
This is an appeal from an order granting a motion to vacate an interlocutory decree of divorce. Appellant’s brief recites that, “The principal grounds upon which the motion was made were extrinsic fraud and coercion. Further grounds of mistake, inadvertence, excusable neglect and surprise were alleged, but an examination of the respondent’s moving papers disclose that the only grounds relied upon ...
Views: 2
The defendant, William Ashton Riley, was indicted by the Grand Jury of Sonoma County for the crime of murdering Jessie L. Brassill, with whom he had been living for several years on her ranch in Rincon Valley as man and wife. He was convicted by a jury of manslaughter. It is contended, on appeal, that the corpus delicti was not proved and that there is no evidence of the deceased having died as th...
Views: 4
This is an action to renew a judgment recovered by respondent on December 28, 1936, against appellant in the sum of $14,476. The only defense pleaded is a discharge in bankruptcy. From a judgment decreeing that “the liability of the defendant to the plaintiff, as evidenced by the said judgment, duly made and entered on December 28, 1936, as aforesaid, is a liability for a willful and malicious ...
Views: 0
Defendant was charged in count 1 of an information filed by the district attorney with the crime of burglary; in count 2 with assault with a deadly weapon with intent to commit murder, and in count 3 thereof with assault with a deadly weapon, it being charged therein that defendant was armed at the time of the commission of said offenses.
At the conclusion of the trial, the court of its ow...
Views: 9
From a judgment of conviction of robbery in the second degree and from the order denying his motion for a new trial defendant appeals. From the implied findings, supported by the testimony of the complaining witness, one Harlan Smith, it appears that the latter who was a sailor in company with a soldier and two girls met defendant on May 31, 1944, at about one o’clock in the morning on Central ...
Views: 7
By means of habeas corpus the petitioner seeks to obtain his discharge from state prison on the ground that he has served a sentence in excess of the maximum term of ten years for the principal offense of manslaughter of which he was convicted, and that the trial court neglected to determine specifically that he is an habitual criminal under section 644 of the Penal Code, although he pleaded guil...
Views: 6
The defendants have appealed from an order of the Superior Court of Butte County denying their motion to vacate and annul judgments entered against them in the above-entitled action on January 17, 1939, and on May 1, 1939, in a suit for possession of real property. The judgments were affirmed on appeal by this court.
(Bracey
v.
Gray,
49 Cal.App.2d 274 [121 P.2d 770].) It i...
Views: 1
The petitioner, Dorsey Smith, seeks a writ of supersedeas to restrain, pending appeal, the execution of the judgment rendered against him (and other nonappealing defendants) in an action filed by the District Attorney of Los Angeles County to abate an alleged public nuisance under the Red Light Abatement Act (Stats. 1913, p. 20; Deering’s Gen. Laws, 1937, Act 6161). *212The judgment provided, in a...
Views: 1
Plaintiffs appeal from an order granting defendant’s motion, instituted under section 473, Code of Civil Procedure, to set aside a default and default judgment for failure to answer plaintiffs’ complaint and permitting him to plead thereto. In support of the motion three affidavits were filed, together with a copy of a proposed demurrer and a proposed answer on behalf of defendant. A counteraffid...
Views: 12
In this action for the wrongful death of a wife and mother the jury returned a verdict for plaintiff administrator in the sum of $14,000. The trial court denied a motion for new trial and defendants have appealed from the judgment.
It is not claimed on this appeal that the evidence is insufficient to support the jury’s finding of liability. The only grounds of appeal presented by appellant...
Views: 15
Plaintiff was employed as a carpenter by Summerbell Roof Construction Corporation. That company had a subcontract with defendant Goodenough, the general contractor, to construct and install certain trusses to support the roof of a warehouse being built for the Sutter Packing Company by defendant. While installing the trusses plaintiff was injured when one of the posts erected by defendant to su...
Views: 3
Petitioner seeks to have annulled a decision of the Industrial Accident Commission denying him compensation for dermatitis. The denial was based on the finding that petitioner did not contract the disease in the course of his employment; and the major point urged by petitioner for the annulment of the decision is that he was denied due process of law by the refusal of the referee to hear the test...
Views: 7
Plaintiff appeals from a judgment on the pleadings rendered in response to a motion therefor made by respondents.
“ In considering whether the judgment on the pleadings was properly granted, it is but necessary to determine the sufficiency of the complaint upon the same principle as though it had been attacked by general demurrer. In other words, it is only where there is an entire absence...
Views: 1
An interlocutory decree of divorce was entered November 21, 1944, against the defendant on the ground of extreme cruelty. An infant child was awarded to the custody of plaintiff. She was also granted $140 per month for maintenance of the child, and attorney’s fees. Upon notice the defendant on December 19, 1944, moved to set aside the interlocutory decree and his previous default, with leave to a...
Views: 9
The plaintiff has appealed from a judgment dismissing the action following the sustaining of a demurrer to its complaint, and its refusal to amend.
The action, filed on November 19, 1943, was one in equity for the purpose of setting aside and vacating, on the ground of extrinsic fraud, a judgment rendered on December 1, 1942, in the case of Marvin L. Allen, et al., Plaintiffs, v. Californita Water...
Views: 2
This action was brought to recover damages for injuries suffered by plaintiff, referred to in the transcript of evidence as a “cement foreman” though his supervisory work also covered the installation of steel. The verdict of the jury was in favor of defendants. The facts appear as follows: At the place where the accident occurred there were two large basins in which floating dry docks were bei...
Views: 7
Appellant, Sipiron Balenzuela, was charged with burglary and grand theft jointly with Gerald Melone and Ralph Dugger in an information containing two counts. It was alleged that the articles stolen and the premises burglariously entered were the property and home respectively of Dorothie S. Kok and were located in the town of Hillsborough in the county of San Mateo. The three defendants were conv...
Views: 13
The above entitled actions were consolidated for the purpose of trial. From judgments rendered pursuant to orders sustaining demurrers to the complaints without leave to amend the pleadings the plaintiffs have appealed. The complaints attempted to allege causes of action for unpaid, overtime wages for services performed by plaintiffs, under contracts of employment to cut timber for Walter G-. Rob...
Views: 5
In this action an interlocutory decree of divorce was made and entered on April 13, 1943, in favor of *310 Kathleen B. Cory, plaintiff, which decree also awarded the custody of the two small children of the parties to plaintiff. On or about August 5, 1944, on motion of defendant, said interlocutory decree was modified to provide that defendant have the care, custody and control of the boy child...
Views: 9
This proceeding was instituted by the state under section 11610 et seq. of the Health and Safety Code to forfeit the interests of Christine Gibson, the registered owner, and the Pacific Finance Corporation, the legal owner, of a certain 1941 Chrysler Tudor Sedan, on the ground that such vehicle was used unlawfully to conceal, convey, carry or transport marihuana in violation of the provisions o...
Views: 6
Two appeals have been consolidated for hearing, one taken from a judgment following an order sustaining a demurrer to the second amended complaint without leave to amend (No. 12911), the other from an order dissolving an attachment in the same cause (No. 12893). The first cause of action is one on a written contract dated October 18, 1943, but the place of execution is left in confusion because of...
Views: 3
An interlocutory judgment of divorce was entered in favor of respondent on July 1, 1936, whereby appellant was ordered to pay respondent the sum of $25 per month for the support of respondent and the minor child of *324 the parties. Final judgment of divorce was entered on September 4, 1941. On September 17, 1942, respondent filed an affidavit setting forth that nothing had been paid to her on ...
Views: 7
In the cause presented by appeal numbered 3894, the trial court sitting without a jury found defendant guilty of the crime of grand theft and denied his motion for a new trial, as well as his application for probation. Appeal numbered 3893 arises out of a prior conviction of the crime of burglary, wherein proceedings were suspended and defendant was placed on probation for a period of fifteen yea...
Views: 4
Defendant appeals from a judgment in the sum of $2,416 assessed against him by the court in a non-jury trial for violation of the terms of a written lease. It appears that he bases his appeal on insufficiency of the evidence to support the findings and judgment based thereon. By an instrument, dated July 27th, 1940, and signed by both parties, the plaintiff leased to the defendant certain premi...
Views: 1
Plaintiff commenced this action to quiet title to one-third the shares of certain corporate stock to which defendant held legal title. The court sustained defendant’s demurrer to the complaint, and plaintiff filed an amended complaint. Defendant demurred to the amended complaint, and the court sustained the demurrer and gave plaintiff ten days within which to amend. Plaintiff is appealing from an ...
Views: 0
Plaintiffs, claiming title under a tax deed, brought this action to quiet title to a lot in a subdivision located in the city of Compton in Los Angeles County. Defendant, Poinsettia Land Company, the former owner, is the present owner of the property unless plaintiffs’ tax title is valid. The court found that plaintiffs are the owners of the land, thereby determining their tax title to be good, an...
Views: 0
The plaintiff and cross-defendant has appealed from a judgment denying her a right of way claimed to have been acquired by prescription over the land of the defendants and cross-complainants. The important question is whether the evidence is sufficient to sustain the implied finding of the trial court that plaintiff never acquired a prescriptive right to the use of the roadway over defendants’ ...
Views: 4
From the judgment on a verdict of guilty of the crime of rape as charged in the information deféndant has appealed on the grounds: (1) that the evidence was insufficient to justify the verdict; (2) that the verdict was contrary to law; and (3) that the court erred in admitting certain evidence over the objection of the defendant. The prosecuting witness was a child of the age of thirteen years....
Views: 14
This is an appeal from a judgment which quieted the titles of plaintiff Jones and the cross-defendants Lucile L. and LeRoy F. Walden to certain lots south of the city of Laguna Beach in Orange County against the claim of Carrie Tierney-Sinelair to a private easement of way over the Jones and Walden properties. We will hereafter refer to Alice C. Jones as plaintiff; to Carrie Tierney-Sinclair as...
Views: 7
Appeal from a judgment in favor of plaintiffs in an action for concellation of a promissory note and deed of trust and for damages. Respondent Lowery L. Stowe purchased a tract of real property from appellants under the following circumstances: A real estate agent took Stowe to the property. They did not go on the land but stopped on the highway, the agent stating that he did not want to disturb t...
Views: 0
Plaintiffs are the widow and mother, respectively, of Harry M. Ziesemer, who on February 1, 1943, while working in Los Angeles on Miranda Street, met his death in an accident involving a truck and trailer belonging to defendant McCarty, and which was being operated by defendant Lindsey in the course of his employment. The truck was approximately 25 feet in length and the trailer was about 20 fe...
Views: 2
From only that portion of the judgment assessing special damages resulting from the wrongful prosecution of civil suits, defendants appeal. They maintain that there is not sufficient proof of malice, of want of probable cause or of the special damages. The facts undisputedly alleged and found are as follows: About 1923 plaintiffs and defendant Olds formed a partnership which owned and operated ...
Views: 21
71 Cal.App.2d 390 (1945)
ANGELA M. WHITE, Appellant,
v.
McDONALD WHITE, Respondent.
Civ. No. 14949.
California Court of Appeals. Second Dist., Div. Two.
Oct. 29, 1945.
George I. Devor for Appellant.
Gerald E. Kerrin and James C. Bone for Respondent.
MOORE, P. J.
The question for decision is whether the trial court abused its discretion in relieving a husband of the *391 obligation to contr...
Views: 4
No brief having been filed on behalf of respondent herein this appeal is submitted upon appellants’ opening brief pursuant to rule 17b of the Rules on Appeal. For two reasons the judgment must be affirmed.
Appellants instituted this action to enjoin defendant from acting as pastor of the Big Bethel Baptist Church situated in the city of Los Angeles and from interfering with plaintiffs in the admin...
Views: 0
This is an action for damages for assault and battery. The plaintiff, who was an osteopathic physician, had for some time been treating the defendant’s father. The defendant had believed that the plaintiff was attempting to influence his father with respect to changing his will and to having the defendant removed as administrator of the estate of his mother, who had recently died. On April 29, 194...
Views: 0
appeal was taken from an order denying the appellants’ motion to amend and correct the decree of final distribution in this estate. The motion was made over two years after distribution, and at the time (shortly after the death of the testator’s widow) when the respondent trustee was about to deliver to the respondent orphan asylum, that part of the residue of the estate distributed to it by the ...
Views: 5
On June 4, 1941, respondents, as lessors, and appellant, as lessee, entered into a. lease covering the Wade Apartments located at Long Beach, California, for a period of seven years at a stated rental per month. Said lease provided, among other things, the following: “The landlord hereby reserves the right to terminate this lease and the terms thereof, in case of a bona fide sale of said proper...
Views: 2
and appellants herein are the widow and minor children of Engebret Larson, who met his death in a collision between his automobile, driven by himself, and a car owned and operated by one King. They appeal from a judgment after verdict in an action for wrongful death. The fatal accident occurred during a blackout, following air raid warnings, in the city of Long Beach, at about 2:50 a. m. on Februa...
Views: 0
an indictment the defendants were accused of the crimes of attempted rape; robbery, while armed with a deadly weapon; and kidnaping. It was charged therein that defendant Westmire had been convicted twice in California of burglary, a felony, and that defendant Clayton had been convicted twice in California of robbery, a felony. Each defendant pleaded not guilty and admitted the charges of previou...
Views: 3
This is an appeal by defendants from a judgment for plaintiff in an action for fraud. The amount of the verdict was fixed by the jury at $23,491.55, no exemplary damages being assessed.
The plaintiff’s claim was based upon alleged fraudulent misrepresentations in relation to certain construction projects which the plaintiff and defendants had undertaken by reason of two agreements entered ...
Views: 4
Plaintiff, a retired fireman, appeals from a declaratory judgment fixing Ms retirement rights under the provisions of the San Francisco Charter. The action, except for one minor point, was tried upon stipulated facts.
Plaintiff was appointed to the civil service position of fireman in October, 1909, under the then provisions of the charter. In December, 1925, he was appointed captain, whic...
Views: 13
Plaintiffs brought this action to recover damages for the death of their infant son, Louis, aged three years and five months. They have appealed from *465 a judgment in favor of the defendants rendered by the court sitting without a jury. The tragedy occurred a few minutes before noon on June 7, 1944, at the intersection of Meta and Oak Streets in the city of Ventura. Meta Street is U. S. Hig...
Views: 10
Plaintiffs Amiel R. Schaub obtained a judgment annulling a marriage contract between himself -and Ellen Schaub and annulling a deed whereby he conveyed real property to himself and Ellen Schaub as joint tenants. After this appeal was taken, Amiel R. Schaub died and the Security-First National Bank, the administrator of his estate, was substituted as plaintiff. He will be referred to herein as the...
Views: 6
In 1933 Edward A. Palm and Wilhelmina Palm, husband and wife, were possessed of an estate of considerable value, including the entire community interest in a ranch in Sacramento County. On February 3d of that year the spouses executed a promissory note payable to Frank Weber for the sum of $31,152.30, secured by a trust deed on the Sacramento ranch. December 7, 1934, Edward A. Palm died testate, a...
Views: 0
Page 916
These are consolidated appeals from judgments in favor of respondent State Board of Equalization in actions brought- by appellant school districts to recover the amount of taxes paid under protest by virtue of assessments made by said board under the California Retail Sales Tax Act. (Stats. 1933, p. 2599, Deering’s Gen. Laws, Act 8493.)
A summary of the stipulated facts upon which the cause *487wa...
Views: 7
The defendants have appealed from a judgment for specific performance of an option to purchase real property for an agreed price of $8,500.
The appellants contend that the complaint fails to state a cause of action for the reason that there is an absence of allegations that the consideration is adequate, or that the transaction is fair and just as to the defendants. It is also asserted the...
Views: 1
Plaintiffs brought this action to quiet their title to five acres of land planted to cherries in the city of Beaumont, in Riverside County, and to collect damages for its wrongful use. Defendants answered denying plaintiffs’ title and pleading various statutes of limitations. Anna Hunzicker filed a cross-complaint alleging title by adverse possession and seeking to quiet her title to the property...
Views: 0
A rehearing was granted in this case in order to give further consideration to the contentions of appellant, vigorously urged, that the court had misstated, overstated or understated portions of the evidence. A rereading of the record, in the light of these contentions, has convinced us that the opinion heretofore filed correctly states all of the material facts, and that every fact stated in the ...
Views: 0
Defendants appeal from a judgment of conviction of a violation of section 503 of the Vehicle Code. The evidence shows that one Seeman parked his automobile on Valencia Street in San Francisco about seventy-five feet south of the entrance to the apartment house in which he lived. He took the ignition key from the car but did not lock its doors. About 1:30 a. m. two policemen saw this automobile sl...
Views: 3
Respondent, construction company, sold to appellants two lots in the town of Dominguez under the terms of a sale and purchase agreement providing for a down payment and monthly installment payments pursuant to the *527terms of a trust deed which, the buyer assumed and agreed to pay. Appellants had defaulted; the action herein is to recover possession, quiet title and declaratory relief. Defendants...
Views: 0
This is an action for damages for false imprisonment. The jury returned a verdict in favor of the respondent and the appeal is from the judgment entered in conformity therewith.
On August 1, 1941, the respondent Victor J. Nelson, as general contractor, was engaged in constructing an airfield and buildings for the Polaris Flying Academy, located about five miles west of Lancaster, Californi...
Views: 3
In an action brought to enjoin defendants and to abate a nuisance, judgment was rendered in favor of defendants, who within the time allowed by law served and filed their memorandum of costs and disbursements for notary’s fees, witnesses’ fees and mileage amounting to $148.60. Thereafter, plaintiff served and filed its notice of motion to tax costs, which was aimed at striking from defendants’ cos...
Views: 1
Appeal from a judgment in favor of plaintiff in an action based on an ora.1 contract entered into on or about June 1, 1943, whereby respondent agreed to furnish to appellant equipment and labor for the performance of work in installing electric wiring and other equipment on jobs as directed by appellant. The complaint alleges that defendant agreed to pay “the cost of the work done and the reaso...
Views: 6
This is an action for declaratory relief, the purpose of which was to determine the rights of the parties in connection with the termination of a trust.
In 1926, Sydmer Ross and his wife Bertie Ross conveyed certain securities to the First National Bank in Santa Ana under a declaration of trust. The trust agreement provided that the trust should be irrevocable upon the death of either Mr. or Mrs. ...
Views: 0
This is an action- by the People to recover upon an alleged liability for sales taxes under the California Retail Sales Tax Act of 1933, as amended. From a judgment in favor of the defendants the People have appealed. From April 1, 1935, to and including April 30, 1936, defendant Nymer engaged in the sale of tangible personal property at retail in the city of Los Angeles. During this period he fil...
Views: 2
Defendant was accused by information with the crime of burglary while armed with a deadly weapon. A trial by jury was duly waived and a trial by the court resulted in a judgment of guilty, from which defendant appeals. It is contended on appeal that, "the defendant was denied a trial by jury without having duly waived the same in violation of his constitutional rights." • The record reveals t...
Views: 3
On September 10, 1936, plaintiff and appellant made written application to defendant and respondent association for a policy of health and accident insurance. The application, signed by plaintiff, contained, among others, the following questions and answers; “Q. (9) Has any ap*558plication ever been made by you for life, accident, or health insurance been declined? (Answer to each) No-No - No.” “Q...
Views: 1
This is an appeal from a judgment which quieted plaintiff's title to two mining claims, Brandywine No. 1, and Brandywine No. 2, in San Bernardino County.
The case has been here before (Judson v. Herrington, 55 *566Cal.App.2d 476 [130 P.2d 802]). There is no serious difference in the material evidence introduced at the two trials and the issues argued now were covered in the earlier opinion where t...
Views: 0
Plaintiffs sued to recover on a bond of indemnity covering the employees of Nye and Nissen, Inc. and its “financially controlled organizations or enterprises.” The complaint alleged that through defalcations of an em*572ployee of Puget Sound Egg Packers Corp., Ine. (hereinafter referred to as Puget Sound), a loss of over $4,000 was sustained, that due proof of loss was made in accordance with the ...
Views: 1
Plaintiff sued for a divorce on the grounds of desertion and failure to provide, and asked for the custody of the minor child—a boy of about five years of age. The ■ defendant cross-complained on the ground of desertion, and also asked for custody of the minor. The trial court found in favor of plaintiff on both grounds and found the allegations of the cross-complaint to be untrue. Custody of the...
Views: 3
The defendant was tried to a jury on an information charging a violation of subdivision 2 of section 337a of the Penal Code. Upon a verdict of guilty a judgment followed and the defendant’s appeal is taken from the judgment and from an order denying a motion for a new trial. The information charged that on August 16, 1944, defendant kept and occupied a room at 468 Hickory Street with papers and pa...
Views: 4
The defendants were tried to the court, sitting without a jury, upon an information charging the violation of section 337a of the Penal Code. The second and third counts of the information charging the recording and making of bets were dismissed. Both defendants were convicted on the first count charging a violation of subdivision 2 of the section and have separately appealed on the same transcri...
Views: 11
Plaintiffs brought this action against the trustee under a deed of trust to recover damages by reason of its failure or refusal to proceed with the sale of the property described in the conveyance after notice of default and election to sell under the instrument had been recorded and the note and trust deed had been delivered to the trustee. A general demurrer was sustained without leave to ame...
Views: 3
Plaintiffs sued for the cancellation of a note in the sum of $1,040, dated October 11,1934, and a trust deed given as security therefor. The bases of the action were: (1) that the instruments were void because at the time of their execution no disclosure of their existence to the Home Owners’ Loan Corporation was made by defendant; (2) that the execution and delivery on October 29, 1934, of a mort...
Views: 0
On March 14, 1944, defendants were indicted in seven counts for grand theft and in one count for criminal conspiracy to commit grand theft by false pretenses and false promises. Their trial commenced on May 15th and the verdict of guilty on all counts was returned on July 12, 1944. Appellant’s motion in arrest of judgment and for a new trial having been denied he was sentenced on September 8, 1...
Views: 26
Appellant was accused by the district attorney on two counts of burglary with one prior conviction of a felony. Denial of the prior conviction and a plea of not guilty were entered by defendant on October 25, 1944. On December 6, 1944, the district attorney filed an amended information accusing the defendant on two counts of burglary and two counts of receiving stolen property. He was thereby als...
Views: 5
This appeal is taken from a judgment denying the plaintiff an annulment of his marriage to defendant. The complaint charged that the marriage was induced by the fraud of the defendant in that she promised that upon her marriage she would leave her mother’s home and live with plaintiff without any intention of performing her promise, and that in fact she had persistently refused to live with plain...
Views: 10
Appellant and defendant Wade were tried jointly before a jury on an information charging robbery in the first degree. Both were found guilty as charged. From the judgments of conviction and from the orders denying their motions for a new trial the appellant alone prosecutes this appeal. The pertinent evidence disclosed by the record may be summarized as follows: On the night of November 15, 1...
Views: 10
This is an appeal by defendants and cross-complainant from an order denying their motion to be relieved from a stipulation of their former counsel to impound rents from the real property in controversy until final judgment.
Plaintiff sought to quiet title to certain real property in San Francisco consisting of a three-story building with a grocery store on the ground floor. On February 8, ...
Views: 7
The plaintiff sued the defendant church and its president, hut it is not possible to state the nature of his purported cause of action. At the trial in the superior court the defendants failed to appear and the cause was dismissed upon the ground that no cause of action was pleaded. From the papers on file it appears that plaintiff complains of some act, whether overt or hidden, it does not appear...
Views: 3
The information filed in this ease charged in two counts a violation of Penal Code, section 286 (the crime generally referred to as sodomy), and also a violation of section 702 of the Welfare and Institutions Code alleged to have been connected in its commission with the first offense. Defendant was acquitted on the first count and convicted on the second. The latter set forth certain acts, based...
Views: 13
Plaintiffs and appellants brought their action to recover from defendant Hutton, who was their agent, gains and profits alleged to have been made by him in the course of disloyal conduct and breach of duty. The trial resulted in findings in favor of said defendant upon the material issues, and judgment in his favor. Upon the findings, judgment necessarily went in favor of others who were sued for...
Views: 1
In a jury-waived trial defendant was convicted of assault with a deadly weapon upon one Eph Lincoln, and sentenced to serve 90 days in the county jail under the alternative provisions of section 245 of the Penal Code which permit punishment to be imposed for this offense either by fine or incarceration in jail or state prison. She appeals from the judgment, claiming that she acted in self-*686defe...
Views: 0
The two Sanguinetti defendants, under the name G. B. Celli Company, a copartnership, are retailers of foodstuff, including salami and coppe, in San Francisco. Defendant Pardueei, together with five other persons named as defendants, under the name San Francisco Sausage Factory, a copartnership, are wholesalers and manufacturers of sausage, including salami and coppe, in San Francisco. The actio...
Views: 1
Defendants were accused in an information of the crime of robbery, a felony. Defendant Buras admitted the further charge therein that he had been convicted of two felonies, forgery and possession of narcotics. In a jury trial both defendants were found guilty of robbery in the first degree. Defendants’ motion for a new trial was denied. Defendants contend that the evidence is insufficient to sup*7...
Views: 0
This is quiet title action and the plaintiff has appealed from a judgment in favor of the defendants. The appeal is presented on a clerk’s transcript and four original exhibits.
The complaint is in the usual form, alleging that the plaintiff is the owner of certain real property, that the defendants wrongfully claim an interest therein, and that the defendants have abandoned any interest w...
Views: 1
The facts which form the background of the instant litigation are briefly as follows: On or about May 1, 1939, respondent Groves and his brother received from the U. S. Patent office a trade mark authorizing them to use for a period of twenty years the name “Granitize.” On May 24, 1940 the said Groves brothers, as owners of the trade mark and of a secret formula for the manufacture of an automobil...
Views: 0
OGDEN, J. pro tem. This appeal presents the question whether, after the repeal by the Legislature in 1943 of section 500 of the Vehicle Code (negligent homicide), a prosecution lies under section 192 of the Penal Code (manslaughter) where the homicide is caused by the driving of a vehicle. The respondent was charged by information with the crime of manslaughter, the charge being based upon th...
Views: 3
Defendant appeals from an interlocutory decree of divorce entered in favor of plaintiff predicated upon extreme cruelty of defendant.
The evidence being viewed in the light most favorable to the plaintiff (respondent), and pursuant to the rules set forth in
Estate of Isenberg,
63 Cal.App.2d 214, 216 et seq. [146 P.2d 424], the essential facts are:
Defendant on numerous occa...
Views: 8
Plaintiff brought two actions, one to recover franchise taxes and interest paid for the taxable years 1934 to 1939, and the other for such taxes and interest paid for the year 1939. The actions were consolidated for trial. The taxes which were the subject of the controversy were imposed under the “Massachusetts or Business Trust Tax Act” of California (Stats. 1933, ch. 211, p. 708, as amended S...
Views: 4
This is an appeal from a judgment of the superior court granting a writ of mandamus to compel appellants, the city of Daly City and the city council thereof, to restore petitioner James G. Reardon to the office of chief of police and to pay him salary from the date of the purported
*761
removal until the date of judgment, less the amount earned by him in that time.
On June 26,...
Views: 2
In an information filed by the district attorney of Los Angeles County defendants were accused of the crime of burglary. Defendant Platnick was also charged with a prior conviction of the offense of. burglary and the defendant Frabasilio with two prior felony convictions, one for the offense of burglary and the other for petty theft with a prior felony conviction. Motions made by each defendant...
Views: 13
The People have appealed from an order dismissing an information filed against the defendant under section 288 of the Penal Code, on the ground that the preliminary examination fails to show that a public offense has been committed as alleged, or otherwise, or that there is probable cause to believe that the defendant is guilty thereof.
This same case was previously before this court on a ...
Views: 21
Action for damages for the alleged failure of respondent to fulfill a contract whereby it sold and agreed to deliver to appellant a quantity of cotton of a character, grade, and quality and at a price named in the contract, the details of which it is not necessary to amplify.
Appellant alleged that respondent failed to deliver the entire amount of the cotton contracted for, and that the po...
Views: 6
This is an action by appellant, J. L. Garnette, against respondent Carl Mankel, for the wrongful conversion of a power shovel. From the judgment denying the relief sought he has appealed. The record discloses that one Charles Hopper Brown was the lessee of certain mining property in Placer County, California. He executed a sublease to one D. D. Pettigrew, who entered upon the premises and condu...
Views: 1
Plaintiff sued Walkup Drayage and Warehouse Co., and, by leave of court, substituted for Fourth Doe Corporation the Merchants Express Corporation. Both corporations are operated under the same management and both joined in the defense of the action. The suit involves the failure of the defendants as common carriers to deliver under contract sixty-five cases of whiskey of the value of $2,479.75. Th...
Views: 1
This is an appeal from a judgment in favor of Boat and Barge Corporation, a corporation, plaintiff and cross-defendant, and Lawrence B. Gibbs, cross-defendant, and against the defendants and cross-complainants Beverly Finance Company, a corporation, and Stanley W. Smith.
By its complaint plaintiff alleged that on or about June 26, 1943, defendants entered into a written agreement with one Lawrence...
Views: 1
The actions herein were consolidated for trial, having arisen out of the same event, to wit, a collision between a truck and trailer driven by the plaintiff Mangier and owned by the plaintiff Devere, and a train owned and operated by the defendant, Pacific Electric Railway Company. Verdicts were returned in favor of the plaintiffs, and upon motions for new trial, the trial court set aside the verd...
Views: 1
Thomas J. Napier was employed as a carpenter in July, 1943, at Bakersfield, California, by the Superior Oil Company. In May, 1944, while so employed *822he was assisting in lifting a heavy timber when he was seized with a sudden onset of pain across his upper abdomen. This was accompanied by a feeling of nausea. Swelling was observed in the abdominal region in a day or two but this disappeared in ...
Views: 4
Action for unlawful detainer and damages. Defendent and appellant Charles Brather, by written lease dated August 25, 1939, leased, from Bertha Lawrence, the Raleigh Apartment House in San Diego, comprising about 18 apartments, and its furnishings and equipment as inventoried. He went into possession, used one apartment for his own living quarters and rented the balance to tenants. The lease was su...
Views: 0
This appeal involves two prosecutions instituted against the same defendant in the Superior Court of Los Angeles County and the validity of proceedings, judgments and orders made therein. Although the cases were separately tried in the superior court, they are by stipulation consolidated on appeal and presented on one set of briefs. The First Case In this prosecution, instituted by informatio...
Views: 7
From a judgment of guilty of first degree robbery after trial before the court without a jury, defendant appeals. There is also an appeal from the order denying defendant’s motion for a new .trial. *836The evidence being viewed in the light most favorable to the People (respondent), and pursuant to the rules set forth in People v. Pianezzi, 42 Cal.App.2d 265, 269 [108 P.2d 732], the essential fact...
Views: 0
This is a motion to dismiss the appeal on the ground that the notice of appeal was not signed by the attorney of record.
A complaint was filed in the Superior Court of Sacramento County to establish an alleged community interest in real property, and to set aside a property settlement agreement. J. M. Inman appeared of record as the attorney for plaintiff. Rowland and Craven of Sacramento ...
Views: 5
This is an appeal from the judgment following a verdict of guilty. Defendant was charged by information with the violation of section 68 of the Penal Code. The information alleged the offense substantially in the language of the statute. The evidence established that defendant was employed by the California Department of Motor Vehicles as Drivers’ License Examiner at Los Angeles; that, as such ...
Views: 7
From a judgment in favor of defendants after trial before the court without a jury in an action to recover a retail sales tax paid under protest, plaintiff appeals.
The stipulated facts are these:
Plaintiff at all times herein mentioned was engaged in the retail business of men’s and boys’ clothing and supplies in the city of Santa Barbara. Prom April 1, 1940, to March 31, 1943, plain...
Views: 2
From a judgment in favor of plaintiff John W. Wood in the sum of (a) $6,500 general damages and (b) $485 special damages, in an action to recover damages for the wrongful death of said plaintiff’s wife after trial before the court without a jury, defendant appeals.
The evidence being viewed in the light most favorable to plaintiff (respondent), the essential facts are:
Plaintiff John W. Wood’s wif...
Views: 0
Defendant appeals from a judgment in favor of plaintiff in the sum of $9,618 after trial before the court without a jury in an action to recover an alleged balance due on a subcontract. •
The stipulated facts are these:
“First: That the plaintiff, Fielding & Shepley, Inc., a corporation, poured 124,830 square yards of concrete at the project mentioned in the complaint at the contract ...
Views: 0
From a decree quieting title in plaintiff, defendant Ver da B. Kennedy appeals. The evidence being viewed in the light most favorable to plaintiff (respondent), the essential facts are: Mrs. Margaret Bridgford owned a house and lot located at *241516 17th Street, Los Angeles. Her foster daughter, defendant Verda B. Kennedy, married defendant R. M. Kennedy prior to 1919. On July 1, 1937, Mrs. Bridg...
Views: 0
This action was brought by Southern California Freight Lines to recover transportation taxes assessed under the provisions of chapter 339, Statutes of 1933 as amended, and paid under protest. Trial was had by the court sitting without a jury, and resulted in findings and judgment in favor of defendant. Plaintiff is a highway common carrier, as that term is defined in section 2% of the Public Utili...
Views: 8
This is an appeal from a summary judgment entered pursuant to section 437c of the Code of Civil Procedure.
The complaint is based upon a promissory note for $7,650, dated July 2, 1942. The answer denied every allegation of the complaint and, as separate defenses, pleaded lack of consideration and that the defendant had been forced to sign the note as a compromise of an alleged claim throug...
Views: 1
This is an appeal from a judgment for $1,400, being $750 for olives actually delivered to and accepted by defendant, and $650 for olives not picked from the trees and others which he left on the ground.
Plaintiff is the owner of a 40-aere olive orchard near Elsinore, in Riverside County, and defendant owns an olive processing plant in Rialto, in San Bernardino County. The two entered into ...
Views: 1
Respondents, as the assignees of some 2,200 school teachers, brought actions to recover certain sums claimed to be due the teachers. In 1931, pursuant to a stipulation entered into between the parties, a judgment was entered in respondents’ favor, the amount to be *45recovered to be thereafter calculated and determined by an accounting. A referee, Wilbur S. Owensby, was appointed to make the calcu...
Views: 5
This is an appeal by defendants from an order of the superior court granting a petition for a writ of mandate compelling the civil service commissioners of the City and County of San Francisco to admit the petitioner, J. H. Handlon, to an office designated as “G 102 Claims Agent Municipal Railway.” Preliminarily it may be stated that the municipality, the operator of a street railway system und...
Views: 3
72 Cal. App. 2d 60 (1945)
KURLY C. TAYLOR, Respondent,
v.
G. J. SIMS et al., Appellants.
Civ. No. 14939.
California Court of Appeals. Second Dist., Div. Two.
Dec. 5, 1945.
Bryce P. Gibbs and Kenneth K. Scott for Appellants.
Katz, Gallagher & Margolis and John T. McTernan for Respondent.
McCOMB, J.
From a judgment in favor of plaintiff after trial before a jury in an action to recover d...
Views: 2
This is an action for partition of real property. Plaintiff appeals from a judgment denying her any relief and enjoining her from asserting any claim to said property. Plaintiff purchased an account against Fred Hessler and brought an action thereon against him in the Municipal Court of the City of Los Angeles. A default judgment was entered on July 12, 1941. On that same day plaintiff caused t...
Views: 4
From a judgment of guilty of murder in the second degree after trial before a jury, defendant appeals. There is also an appeal from the order denying his motion for a new trial. *73 The evidence being viewed in the light most favorable to the People (respondent), and pursuant to the rules set forth in People v. Newland, 15 Cal.2d 678, 680 [104 P.2d 778], and People v. Pianezzi, 42 Cal...
Views: 6
The appellant was convicted of murder of the first degree with the recommendation by the jury of imprisonment for life. He was sentenced accordingly, and appeals from the judgment of conviction and from the order denying his motion for a new trial.
The indictment contained 22 counts, each based upon the death of a human being. The prosecution was conducted on the theory that 22 murders wer...
Views: 10
72 Cal. App. 2d 101 (1945)
LOIS E. WUEST, Plaintiff and Appellant,
v.
WILLIAM O. WUEST, Defendant and Appellant.
Civ. No. 14946.
California Court of Appeals. Second Dist., Div. Two.
Dec. 7, 1945.
Newby, Holder & Newby for Plaintiff and Appellant.
F. Murray Keslar for Defendant and Appellant.
MOORE, P. J.
Defendant appeals from a judgment of department 33 of the Superior Court of Los An...
Views: 12
From a judgment of dismissal entered pursuant to an order sustaining a demurrer to its second amended complaint plaintiff appeals. The action is one for the specific performance of a contract which plaintiff contends was created by its acceptance of the offer of defendants as follows:
‘ Coldwell, Banker & Company, 523 West Sixth Street, Los Angeles 14, California Gentlemen:
“We, as lessors, propos...
Views: 1
72 Cal. App. 2d 120 (1945)
Guardianship of the Person and Estate of GEORGE BYNUM et al., Minors. MINNIE McVALE, Petitioner and Appellant,
v.
MARCUS BYNUM, Contestant and Appellant; ELMO FIELD, Respondent.
Civ. No. 15112.
California Court of Appeals. Second Dist., Div. Two.
Dec. 7, 1945.
Paul R. Matthews for Petitioner and Appellant.
Elmo L. Morris and Henry W. Wyatt for Contestant and Appell...
Views: 2
Petitioner seeks by writ of mandate to compel the superior court to vacate an order staying execution after his ineffectual attempt to induce the court to set it aside. His contention is that the court had no jurisdiction to make the order complained of. He had procured the execution to be issued pursuant to section 685, Code of Civil Procedure,* which requires the judgment creditor to accompany h...
Views: 0
From a judgment of guilty on two counts of violating section 702 of the Welfare and Institutions Code (contributing to the delinquency of a minor), after trial before the court without a jury, defendant appeals.
The evidence being viewed in the light most favorable to the People (respondent), the essential facts are:
On or about January 12th and 20th, 1945, defendant committed acts of...
Views: 6
Under an interlocutory decree entered in June, 1943, appellant was awarded the custody and care of the three-year-old son of the parties, provided, however, that the father, respondent herein, should have the custody during the months of April, July and November of each year, until further order of the court. In September, 1943, respondent was inducted into the navy, and, on the date of the modif...
Views: 13
By his complaint plaintiff and respondent sought to recover from defendant and appellant certain commissions alleged to be due by reason of the sale of appellant’s ranch property.
On November 2, 1944, the parties executed a written agreement relative to the sale of said ranch. The following day plaintiff advertised the property for sale, and from then until December 8, 1944, when he was im...
Views: 5
The plaintiff has appealed from a judgment which was rendered against it pursuant to an order sustaining a general and special demurrer to the complaint without leave to amend the pleading. The suit was for injunction against an alleged threatened enforcement of payment of registration fees and penalties for temporarily operating six oversized “trae-truks” upon the public highways. After determ...
Views: 1
72 Cal. App. 2d 153 (1945)
ALLEN W. NOBLE, Appellant,
v.
KERTZ AND SONS FEED AND FUEL CO. et al., Respondents.
Civ. No. 12896.
California Court of Appeals. First Dist., Div. One.
Dec. 11, 1945.
Campbell, Hayes & Custer for Appellant.
Emmett R. Burns for Respondents.
PETERS, P. J.
On June 18, 1943, at about 5 p. m., plaintiff was driving his automobile on Garden Avenue, East Palo Alto, ...
Views: 9
The defendant city has appealed from a judgment of dismissal after the sustaining of a demurrer to its amended cross-complaint, without leave to amend.
*162So far as material here, this cross-complaint alleged that in 1927 the city established an assessment district for the purpose of improving some of its streets and caused street improvement bonds to be issued and signed by the city officials, a...
Views: 0
Defendant appeals from (1) an order denying a modification of an interlocutory decree of divorce entered March 1, 1944, (2) a final judgment of divorce entered March 5, 1945, and (3) an order of March 6, 1945, setting aside a final judgment of divorce entered March 5, 1945, and ordering another final judgment of divorce.
The chronology of the material facts here involved is as follows:
On July 14,...
Views: 0
Page 994
On September 26,1944, The Rosicrucian Fellowship, a corporation, filed an action in the Superior Court of Los Angeles County, joining as defendants The Rosicrucian Fellowship Non-Sectarian Church, a corporation, five *172individuals named as directors and incorporators thereof, and The Rosicrucian Probationers Association. On October 13, 1944, Judge Clarence M. Hanson, a member of the bench in Los...
Views: 0
Defendant prosecutes this appeal from a judgment pursuant to the verdict of a jury in an action for damages sustained by plaintiff, a pedestrian, in a collision with a motorbus of defendant. The accident occurred about 6:15 p. m., December 12, 1943, as plaintiff was crossing San Julian Street in Los Angeles. It was almost dark and the headlights and inside lights of the bus were on. Plaintiff was ...
Views: 0
At about 2 o’clock in the morning of June 19, 1944, Johnny Carr entered the Swing Shift Cafe in Los Angeles, armed with a revolver, and shot and killed one Frank Williams. Also struck by a bullet at the same time was one Richard Swanson. Accused of the murder of Williams and of assault with a deadly weapon upon Swanson, defendant was convicted of both offenses in a trial by the court. The court...
Views: 0
Lloyd Dornell was a member of the San Francisco Fire Department for 17 years prior to his death on March 5, 1941. His widow, Elizabeth M. Dornell, applied to the Retirement Board of the San Francisco City and County Employees’ Retirement System for a pension, claiming that her husband’s death was industrial in character and resulted from illness caused by the performance of his duties as fireman. ...
Views: 5
This is an action to foreclose a deed of trust on real property executed by Margaret Hitching Perky in favor of respondent Margaret Steiner to secure a promissory note for $10,000. In the circumstances hereinafter related the deed of trust and note were purportedly assigned to plaintiff by Miss Steiner to secure a loan for $3,000. Prom a judgment cancelling and annulling the assignments and ref...
Views: 7
This opinion is in accordance with the order of this court made and entered at the conclusion of the hearing on defendants’ petition for a writ of supersedeas to stay proceedings pending an appeal from an order of the trial court denying defendants’ motion for a change of venue and plaintiff’s motion to dismiss said appeal.
The record in regard to the petition for a writ of supersedeas dis...
Views: 0
The defendants were jointly charged in two separate actions with offenses against rationing. In one, they were charged with wilfully and unlawfully stealing about 357 gasoline coupons and stamps issued by the United States Government in furtherance of its ration program. In the other they were charged with wilfully and unlawfully acquiring approximately 1366 gallons’ worth of gasoline ration stam...
Views: 7
72 Cal. App. 2d 227 (1945)
THE PEOPLE, Respondent,
v.
FRANCIS VAN WIE, Appellant.
Crim. No. 2366.
California Court of Appeals. First Dist., Div. One.
Dec. 17, 1945.
James A. Toner for Appellant.
Robert W. Kenny, Attorney General, David K. Lener and Miriam E. Wolff, Deputies Attorney General, Edmund G. *230 Brown, District Attorney, and Norman Elkington, Assistant District Attorney, for Respo...
Views: 8
From verdicts of guilty of (1) kidnapping and (2) rape, after trial before a jury, defendant appeals. There is also an appeal from an order denying his motion for a new trial. The evidence being viewed in the light most favorable to the People (respondent), and pursuant to the rules set forth in People v. Pianezzi, 42 Cal.App.2d 265, 269 [108 P.2d 732], the essential facts are: At about 8...
Views: 11
Appellant was charged with violation of section 503 of the Vehicle Code, taking an automobile without the owner’s consent, upon which he was found guilty by the jury. His motion for a new trial was denied, and he appealed from the judgment of conviction and from the order denying said motion. 1. Sufficiency of the evidence to sustain judgment of conviction. Viewing the evidence most favorable to ...
Views: 0
Defendant appeals from a judgment entered on a jury verdict finding him guilty of second degree *249 murder, and from the denial of his motion for a new trial. Soon after the beginning of the late war the defendant left his employment with an oil company and entered the United States Army where he attained the rank of major and was assigned to the duties of oil transportation in the army offi...
Views: 11
This is an appeal by defendant Jennie Miller Stulman from an adverse judgment in an action for declaratory relief.
The contract in question, dated November 19, 1941, was executed by plaintiff D. A. Davis as the first party, defendant Stulman as the second party, defendant Nathaniel A. Davis as the third party, and defendant Estelle Davis as the fourth party. Plaintiff D. A. Davis is the fa...
Views: 10
The question for decision is whether the trial court abused its discretion in denying defendant’s motion to vacate an interlocutory decree of divorce and the preceding order for default, where service of summons was made in a sister state five months and 29 days prior to the decree and the motion was filed more than two months thereafter: Basing his action upon extreme cruelty plaintiff filed his ...
Views: 4
This is a quiet title action involving certain hog feeding pens, fences and a small house and garage situated on land in Orange County belonging to the defendant. The plaintiff claimed ownership of this personal property as being trade fixtures while the defendant claims that these improvements had become a part of the realty. *276It appears that sometime prior to 1931, the defendant leased this a...
Views: 0
72 Cal. App. 2d 279 (1945)
ELIZABETH STEWART, Appellant,
v.
CITY OF RIO VISTA, Respondent.
Civ. No. 7214.
California Court of Appeals. Third Dist.
Dec. 21, 1945.
Sinclair M. Dobbins for Appellant.
Leo C. Dunnell for Respondent.
THOMPSON, J.
The plaintiff has appealed from a judgment which was rendered against her pursuant to an order sustaining a demurrer to her complaint without leave to ...
Views: 6
This is an action for damages for personal injuries and property damage caused by a collision between plaintiff’s automobile and a bus belonging to defendant transportation company. A trial by the court resulted in a judgment for defendant from which plaintiff appeals. The record reveals that defendant, as a common carrier, operated passenger busses in the city of Santa Monica. On September 4, ...
Views: 1
Page 1010
Petitioner and appellant (hereinafter designated as petitioner) filed in the superior court a petition for a writ of mandate directing the defendant and respondent (hereinafter referred to as respondent) to set aside its order and decision revoking the contractor’s license of petitioner, to restore said license to petitioner, and to dismiss the complaint and proceedings thereon pending before res...
Views: 5
Page 1011
In a complaint filed with respondent Contractor’s State License Board, appellant was charged with a violation of sections 7114, 7115, 7116, 7117 and 7118 of the Business and Professions Code. Following a hearing before a duly appointed, and qualified deputy registrar of contractors, appellant was found guilty of violating section 7116 of the above mentioned code and not guilty of all other charges...
Views: 0
This suit was commenced by 24 guests of the Court Hotel to prevent by injunction the termination of their occupancies. The defendant Harris, a resident of Alameda County, moved for a change of place of trial to that county on the ground of residence, and the defendant Bolzendahl, a resident of San Mateo County, joined therein. The motion was denied. After hearing, a preliminary injunction was i...
Views: 8
The defendant is serving a life sentence in the state prison at Folsom, following his conviction of murder in 1919. An appeal was taken from the judgment which resulted in an affirmance on November 8,1920, on motion of the attorney general, the order reciting “there being no brief on file and no appearance on behalf of appellant.” On June 26, 1945, the defendant filed in the superior court a motio...
Views: 0
This is an appeal from an order granting plaintiff’s motion for a new trial on the grounds of errors of law occurring during the trial, and the insufficiency of the evidence to sustain the verdict. Defendants maintained and operated a resort hotel known as Pine View Lodge in the San Bernardino Mountains. Plaintiff and her friends made reservations at the lodge. They reached the hotel on the evenin...
Views: 0
The defendants, as executors of the last will and testament of Bade Babich, deceased, appeal from a judgment in favor of plaintiff on claims against his estate for room rent and work and labor performed for the decedent.
The complaint was framed in four causes of action: (1) For room rent from January 15, 1930, to February 7, 1944, at
*326
the rate of $15 a month pursuant to a...
Views: 7
This is an appeal from an order denying a petition to determine heirship. The appeal is presented wholly on a settled statement under rule 7(b) of the Rules on Appeal.
Marie J. Soulie died on April 4, 1943, leaving the following holographic will:
“Feb-18/43. in case of Death I bequeath $1,000-00 to my Sister in Law—Mrs. Pierre Nombolot of St-Mitchel Flecazeville France, if she is not ...
Views: 7
During the probate of the estate of the decedent several controversies arose between the decedent’s widow and his two children by a former marriage, out of which grew the several appeals herein.
*339
The decedent left a holographic will .reading as follows: “Santa Barbara July 13, 1938 I, Edward Cromwell Miles, do make this as my last will & Testament. It is my wish to leave all m...
Views: 1
This is an action for declaratory relief and for money due as commissions. Defendant appeals from the judgment in favor of plaintiff. Defendant was engaged in the business of selling machinery, tools and equipment for various manufacturers upon a commission basis. The goods were shipped to the customers direct from the manufacturer and after they were delivered the defendant invoiced the custom...
Views: 3
The defendant appeals from a judgment in the sum of $4,133 entered against him in a nonjury case for money due upon a contract, reading as follows: “HALLAM COOLEY AGENCY, California Bank Bldg. Beverly Hills, Calif. Crestview—6161 “Hallam Cooley Agency, Inc. _Date 2/8/35_ California Bank Bldg. Beverly Hills, Calif. Beverly Hills, Calif. ‘ ‘ Gentlemen: “1. I hereby employ you to render your services...
Views: 0
The present action was one for the conversion of 10,703% shares of the capital stock of Fred H. Bixby Company. The action, numbered 463102 in the superior court, was instituted April 11, 1941, and at that time there were on trial two other actions brought by plaintiff, numbered 458012 and 458013, the history of which, so far as pertinent here, is stated in our decision of appeals numbered 14859 an...
Views: 5
We have before us an appeal by Fred H. Bixby, Jr., as beneficiary of a trust in which he placed shares of the capital stock of the Bixby Company owned by him and which was to be irrevocable for 20 years from and after the date of its execution June 8, 1934, from an order of the superior court settling a supplemental report and account of Katharine Bixby Hotchkis, trustee, and allowing $1,500 as...
Views: 0
This appeal is prosecuted by defendants from a judgment which declares that defendant Ava K. Pickling, as administratrix of the estate of Lulu E. Parmer, also known as Lulu E. Lyttle, deceased, holds in trust for plaintiff an undivided one-half interest in a small ranch property situated in the town of El Monte, in Los Angeles County, and directs said defendant to convey said interest to plaintif...
Views: 2
this rescission action plaintiff obtained judgment, and the defendant appeals. During the pendency of *392the appeal, the plaintiff Elizabeth Snyder died and the Title Insurance and Trust Company, a corporation, the executor of her will, has been substituted as plaintiff. Elizabeth Snyder will be referred to herein as the plaintiff.
On April 24, 1942, plaintiff, the owner of an apartment house in ...
Views: 0
This is an appeal from a judgment of nonsuit in an action for personal injuries. Plaintiff was a salesgirl employed by her brother, Louis Sabin, at a store in Hollywood where linens, baby wares and novelties were sold. She went into the display window space, bent over to remove a baby dress from a standard, rested her right hand upon a plate glass window and was removing the dress with her left h...
Views: 9
This is an appeal from a judgment in favor of the defendants notwithstanding a verdict in favor of the plaintiff. The action was brought by a plaintiff out of possession against defendants in possession of real property, and although in the form of a suit to quiet title it possesses “the essential characteristics of the old legal action of ejectment” (Southern Pacific Land Co. v. Dickerson, ...
Views: 5
The appellant Barrett Corbett was accused by information of assault with intent to commit robbery upon the person of George E. Turner. The appellant James Duncan was accused by information of assault with a deadly weapon upon the person of Henry M. Solum. Both defendants pleaded not guilty. By stipulation the eases were consolidated and trial by jury was waived. The court found each of the defenda...
Views: 8
A rehearing was granted in this case in order that we might give further consideration to appellants’ contention that respondent was as a matter of law guilty of contributory negligence proximately contributing to the injuries sustained by him. We therefore adopt as part of bur decision that portion of our previous opinion reading as follows:
“This action was instituted by plaintiff to rec...
Views: 1
This is an appeal from a judgment of the superior court denying appellant’s petition for a writ of mandate. Respondents’ brief under the heading, “Statement of the Case, ’ ’ recites the facts as follows: ‘ ‘ The court below denied the verified petition for a writ of mandate to compel respondents to refund to- petitioner the sum of $351.58 collected as registration fees by respondents for the regis...
Views: 2
70 Cal.App.2d 6 (1945)
CHARLES M. JACKSON et al., Respondents,
v.
FRANK T. HARDY et al., Appellants.
Civ. No. 14631.
California Court of Appeals. Second Dist., Div. Three.
June 29, 1945.
Dudley Robinson for Appellants.
Bauder, Veatch & W. I. Gilbert and Donn B. Downen, Jr. for Respondents.
DESMOND, P. J.
Defendants, Hardy and Law, owners of livestock in the neighborhood of Mojave, appeal f...
Views: 4
Plaintiff brought this action upon a lease of a certain mining claim, executed by her and A. A. Bradley as lessors, and R. V. Kohls as lessee, on July 23, 1941. The complaint was in two counts. The first alleged that plaintiff was, at the time of the execution of the lease, the owner of an undivided five-sixths interest in the mining claim and that A. A. Bradley was the owner of an undivided one-s...
Views: 0
70 Cal.App.2d 28 (1945)
THE PEOPLE, Respondent,
v.
LEONARD A. YOUNG, Appellant.
Crim. No. 1895.
California Court of Appeals. Third Dist.
June 29, 1945.
Manwell & Manwell for Appellant.
Robert W. Kenny, Attorney General, James O. Reavis, Deputy Attorney General, and Richard H. Fuidge, District Attorney, for Respondent.
PEEK, J.
This is an appeal by defendant from a judgment of conviction o...
Views: 5
In this action for damages the jury returned a verdict for plaintiff and against the defendants in the sum of $45,000. The city of San Diego, through its Harbor Department, exercises in the name of the city, the powers and duties prescribed by the charter and other applicable ordinances and laws in managing and controlling the harbor of San Diego and the tidelands adjacent thereto. Through the ...
Views: 0
This is an appeal from a judgment and decree quieting the plaintiff’s title to corporate stock.
The decedent, William Otto Emerson, died intestate on
*53
December 24, 1940, at the age of 85 years. Shortly thereafter the appellant caused to be transferred from decedent’s name into her own and reissued to herself certificates evidencing the ownership of 12 shares of American Tel...
Views: 0
The defendants were charged, in two . counts of an information, with conspiracy to commit theft and with grand theft. The defendant John Doe, who was referred to at the trial as a man named Roberts, seems to have been a mysterious stranger whom none of the others knew and who was never apprehended. The defendants Hines and Davis pleaded guilty. The jury acquitted Geneva Brooks and found James Henr...
Views: 0
70 Cal.App.2d 70 (1945)
ROBERT FLICK, a Minor, etc., et al., Appellants,
v.
DUCEY & ATTWOOD ROCK COMPANY (a Corporation), Respondent.
Civ. No. 14736.
California Court of Appeals. Second Dist., Div. One.
July 5, 1945.
Roland Maxwell for Appellants.
George P. Kinkle and John S. Hunt for Respondent. *73
DORAN, J.
This is an appeal from a judgment in favor of the defendant in an action for...
Views: 5
Page 1037
70 Cal.App.2d 80 (1945)
TOM KYNE, JR., a Minor, etc., Appellant,
v.
TOM KYNE, Respondent.
Civ. No. 12811.
California Court of Appeals. First Dist., Div. One.
July 6, 1945.
Allen Spivock for Appellant.
John T. Rudden, Jr., William P. Clecak and Doyle & Clecak for Respondent.
PETERS, P. J.
By a judgment affirmed by this court (Kyne v. Kyne, 38 Cal.App.2d 122 [100 P.2d 806]) defendant Tom Kyn...
Views: 9
From a judgment in favor of defendants predicated upon the granting of their motion for a judgment on the pleadings, in an action for declaratory relief and accounting between the parties, plaintiff appeals.
So far as material the facts alleged in the complaint are:
On March 6, 1935, plaintiff and defendants entered into a written contract providing that defendants should render servi...
Views: 4
In this action arising out of a collision between an automobile and a truck with trailer a jury awarded the plaintiff $5,000 damages against the driver of the truck and the owners thereof; also found in favor of the plaintiff on a cross-complaint filed by the owners. The appeal is from the judgment in favor of the plaintiff and against the defendants ‘ and from the whole thereof. ’ ’
The a...
Views: 1
These actions were consolidated for trial. They had been instituted for the purpose of enforcing the payment of the balance of a $20,000 promissory note of the Chapman Chinchilla Sales Company, hereinafter referred to as the “Company,” which had pledged to plaintiff certain contracts executed severally by respondents for the purchase of chinchillas. The defendants prevailed below upon the defen...
Views: 4
From a judgment in favor of defendants after trial before the court without jury, in an action to quiet title to personal property, plaintiff appeals.
The evidence being viewed in the light most favorable to defendants (respondents), and pursuant to the rules set forth in Estate of Isenberg, 63 Cal.App.2d 214, 216 et seq. [146 P.2d 424], the essential facts are:
Plaintiff was the mother and defend...
Views: 0
From a judgment of dismissal of her action for partition plaintiff appeals.
The Facts
Appellant and respondent are sisters. As tenants in common they own a parcel of land situate at the intersection of 12th and Figueroa Streets in the city of Los Angeles, in a district devoted primarily to the automotive trade. The improvement of the realty consists of a four-story reinforcedconerete ...
Views: 5
70 Cal.App.2d 126 (1945)
MARY ELIZABETH McMAHON, Respondent,
v.
LEO CHARLES McMAHON, Appellant.
Civ. No. 14888.
California Court of Appeals. Second Dist., Div. Two.
July 10, 1945.
Chris Wilson for Appellant.
Leo Friedman for Respondent.
MOORE, P. J.
The sole question for decision is whether the court abused its discretion in denying defendant's motion to set aside the order of his default....
Views: 3
70 Cal.App.2d 128 (1945)
THE PEOPLE, Respondent,
v.
LLOYD A. KINGSBURY, Appellant.
Crim. No. 3885.
California Court of Appeals. Second Dist., Div. Two.
July 10, 1945.
Gordon M. Gale for Appellant.
Robert W. Kenny, Attorney General, and L. G. Campbell, Deputy Attorney General, for Respondent.
McCOMB, J.
From a judgment of guilty on four counts of grand theft, after trial before a jury, defe...
Views: 9
Appellant was convicted by the court without a jury of the crime of robbery. His felonious act consisted of taking $4,200 from- the possession of one John Dees *133 against his will and by the use of force and by putting his victim in fear by the use of a revolver. The only question for decision is whether the evidence is sufficient to sustain the judgment. Section 211 of the Penal Code thus ...
Views: 5
70 Cal.App.2d 142 (1945)
THE PEOPLE, Respondent,
v.
WILLARD L. WHALEN, Appellant.
Crim. No. 3898.
California Court of Appeals. Second Dist., Div. Three.
July 11, 1945.
S. C. Stoner for Appellant.
Robert W. Kenny, Attorney General, Frank Richards, Deputy Attorney General, Fred N. Howser, District Attorney, and Robert Wheeler, Deputy District Attorney, for Respondent.
SHINN, J.
Defendant was...
Views: 9
Plaintiff sued for a writ of mandate to command the defendants to restore him to membership in defendant lodge with the benefits and privileges to which a member is entitled. The defendants by answer pleaded that the plaintiff was expelled from membership in the lodge as a result of a trial upon charges of misconduct duly filed and heard in accordance with the constitution and by-laws of the lodge...
Views: 4
Defendant Goldstein appeals from a judgment in the sum of $2,697.90 assessed against him in an action baséd upon a breach of warranty. He contends that the evidence is insufficient to sustain the judgment, but having examined the record we find that it is insufficient to sustain the appellant’s contention. *156In the month of November, 1943, appellant advertised Christmas trees at wholesale. Plain...
Views: 1
70 Cal.App.2d 158 (1945)
THE PEOPLE, Respondent,
v.
MARY DOLORES MOORE, Appellant.
Crim. No. 3879.
California Court of Appeals. Second Dist., Div. Three.
July 12, 1945.
William G. Kenney for Appellant.
Robert W. Kenny, Attorney General, and Elizabeth Miller, Deputy Attorney General, for Respondent. *160
FOX, J. pro tem.
This is an appeal by the defendant Moore from a judgment of conviction...
Views: 7
70 Cal.App.2d 166 (1945)
WILLIAM CONWAY et al., Respondents,
v.
MYRL MOORE, as Administratrix, etc., Appellant.
Civ. No. 12798.
California Court of Appeals. First Dist., Div. One.
July 13, 1945.
Waldo F. Postel for Appellant.
John Langer for Respondents.
PETERS, P. J.
The judgment appealed from determines that plaintiffs William Conway and R. C. Conway own a certain parcel of improved real...
Views: 1
70 Cal.App.2d 174 (1945)
ANTHONY KOSLOSKYE, as Administrator, etc., Respondent,
v.
ANNIE CIS et al., Defendants; ENRICO CIS et al., Minors, etc., Appellants.
Civ. No. 12827.
California Court of Appeals. First Dist., Div. One.
July 13, 1945.
J. Elwood Andresen and Eugene T. Nebiolo for Appellants.
Harold F. Sawallisch, Elden C. Friel, Arthur B. Dunne and Dunne & Dunne for Respondent.
PETERS,...
Views: 2
In February, 1941, plaintiff and her two sisters rented a furnished apartment on a monthly basis from defendants. On moving in plaintiff noticed a crack in the porcelain handle of the hot water faucet of the bathtub. In January, 1942, plaintiff suffered a cut in her hand when the handle splintered as she attempted to shut off the water. She has framed her complaint in two causes of action—one b...
Views: 11
70 Cal.App.2d 186 (1945)
In re GEORGE VINCENT CREELY, an Abandoned Child. MABERYL B. OLVERA, Respondent,
v.
GEORGE CREELY, Appellant.
Civ. No. 12844.
California Court of Appeals. First Dist., Div. Two.
July 13, 1945.
Morris Lavine, John Van Aalst and A. Lawson Crawford for Appellant.
No appearance for Respondent.
NOURSE, P. J.
This is an appeal from an order of the Juvenile Department of t...
Views: 2
70 Cal.App.2d 190 (1945)
THE PEOPLE, Respondent,
v.
JULIAN HERNANDEZ, Appellant.
Crim. No. 3899.
California Court of Appeals. Second Dist., Div. One.
July 13, 1945.
Paul Shapiro for Appellant.
Robert W. Kenny, Attorney General, and Carl S. Kegley, Deputy Attorney General, for Respondent.
DORAN, J.
This is an appeal from a judgment of conviction of the offense of assault by means of force l...
Views: 8
From a judgment in favor of plaintiff, after trial before the court with a jury, in an action to recover damages for personal injuries sustained by plaintiff and damages resulting from the death of his wife and minor daughter in an automobile accident, defendant Petersen appeals.
The evidence discloses these facts:
Defendant was engaged in the automobile business in Santa Barbara and he rented an ...
Views: 9
70 Cal.App.2d 199 (1945)
THOMAS COKER, Petitioner,
v.
SUPERIOR COURT OF SANTA BARBARA COUNTY, Respondent.
Civ. No. 15004.
California Court of Appeals. Second Dist., Div. Two.
July 13, 1945.
Fred A. Shaeffer for Petitioner.
Arden T. Jensen for Respondent.
WOOD (W. J.), J.
A writ of habeas corpus was issued by order of the presiding judge of the superior court at Santa Barbara, Honorable Ern...
Views: 6
Plaintiff is in the business of manufacturing and selling a medicinal preparation known as Miacene tablets. He brought this action to enjoin the State Department of Public Health, the City Attorney of Los Angeles, and others from prosecuting him for advertising his product for sale. He appeals from a judgment for defendants after demurrer sustained without leave to amend. .The complaint alleged...
Views: 1
The defendant was charged with the murder of one Lenon Morris. A jury found him guilty with a recommendation of life imprisonment, and he has appealed from the judgment and from an order denying his motion for a new trial. On the evening of October 9, 1944, the appellant and Morris, both negroes, were gambling in a small cabin located about 60 feet to the rear of a saloon in East Bakersfield. They...
Views: 0
Page 1060
The sole contention of petitioner is that his confinement in the State Prison at Folsom, which is predicated upon a plea of guilty to a charge of grand theft, is unlawful in that at no time did he personally enter such a plea, and that therefore the trial court was without jurisdiction to proceed to judgment and sentence against him.
In support of his contention petitioner has filed herein...
Views: 5
This is an appeal from an order holding the trial judge in the case, Honorable William R. McKay, not disqualified to rule on a motion for new trial. The case has been on appeal before. Plaintiff, who is an attorney at law, recovered a judgment of $12,567.32 as the value of legal services rendered to the defendants, and this was reversed on appeal (Rosenfield v. Vosper (1941), 45 Cal.App.2d 36...
Views: 4
This is an appeal from a judgment dismissing the action upon motion of the defendant A. P. Giannini under section 583 of the Code of Civil Procedure because the case had not been brought to trial within five years after the filing of the complaint.
Appellant is the owner of ten shares of the capital stock of
*226
the defendant, Transamerica Corporation. As such stockholder, sh...
Views: 4
70 Cal.App.2d 233 (1945)
RITCHIE CALHOUN, Appellant,
v.
SAMUEL WILSON CALHOUN, Respondent.
Civ. No. 3376.
California Court of Appeals. Fourth Dist.
July 19, 1945.
Clarence Harden and Henry F. Walker for Appellant.
Monroe & McInnis for Respondent.
MARKS, J.
This is an appeal from a judgment which divided the community property of the parties, but failed to require defendant to contribut...
Views: 15
70 Cal.App.2d 238 (1945)
SAM GERSTEIN, Appellant,
v.
HELEN V. SMIRL, Respondent.
Civ. No. 14799.
California Court of Appeals. Second Dist., Div. One.
July 20, 1945.
Mitchell & Gold and Seymour Gold for Appellant.
Parker & Stanbury and Harry D. Parker for Respondent.
WHITE, J.
Plaintiff instituted this action to recover damages allegedly sustained by him in an automobile accident as...
Views: 2
In this action, commenced November 13, 1940, appellant named as defendants James E. Reynolds, Anna P. Reynolds and 20th Century Health Institute, a corporation. The action was dismissed as to defendant Anna P. Reynolds. It was also dismissed as to the corporation on August 24, 1942, by order of the court, because of the discharge of the corporation in bankruptcy.
Appellant sought to recover the su...
Views: 2
Under the provisions of sections 37, 38 and 44 of the California Unemployment Insurance Act, chapter 352, Statutes of 1935, as amended [Deering’s Gen. Laws, Act 8780d], the plaintiff and respondent sought to collect unemployment insurance contributions and interest thereon from defendants and appellants for the period from January 1, 1937, to and including June 30, 1939. On February 8, 1944, su...
Views: 1
The defendant has appealed from an interlocutory judgment which was rendered against him in a suit for an accounting of partnership property in his possession belonging to the plaintiff. The court determined that the plaintiff and defendant had been associated as equal partners in the conducting of a saloon business at Yreka from and after October 6, 1942. The partnership was terminated and the...
Views: 7
The defendant was charged with manslaughter. On April 23, 1945, his demurrer to the information was argued and an order was entered in the minutes sustaining the demurrer with leave to amend within ten days. *262 On April 27, 1945, what purports to be a formal judgment, sustaining the demurrer and granting the plaintiff leave to amend within ten days, was filed and recorded in the book of judgm...
Views: 11
Plaintiff, while employed as a machinist in the roundhouse of defendant railroad company at Yuma, Arizona, and while working on a locomotive of defendant admittedly engaged in interstate commerce, received injuries for which this action was brought. The locomotive was in an
*268
unsafe condition in that the check valve on the boiler was defective causing steam to escape into the pu...
Views: 1
70 Cal.App.2d 279 (1945)
Estate of VICTORIA A. DOUGLASS, Deceased. ELDRIDGE A. DOUGLASS et al., Appellants,
v.
EARL S. DOUGLASS et al., as Coexecutors, etc., Respondents.
Civ. No. 12856.
California Court of Appeals. First Dist., Div. One.
July 26, 1945.
Crist & Beene for Appellants.
Williamson & Wallace for Respondents.
KNIGHT, J.
This appeal was taken by Eldridge A. Douglass and L...
Views: 2
This is an appeal by plaintiff from an order of the superior court dismissing an action pursuant to the provisions of the second paragraph contained in section 581a of the Code of Civil Procedure, which, in part, provides that “all actions . . . must be dismissed . . . if summons has been served, and no answer has been filed, if plaintiff . . . has failed to have judgment entered within three y...
Views: 8
This is an appeal from an order settling an account in the estate of Bessie A. Murray, deceased, instructing the executor, and for a final distribution. The error claimed by appellants, relates to the interpretation of the decedent’s will,—no objection being made to the accounting and other matters referred to in the petition. The question involved, as framed in appellants’ brief, is as follows: ...
Views: 0
By this action plaintiff individually and as executor of the estate of B. B. Campbell, deceased, seeks the removal of the defendants as trustees of that certain trust known as the B. B. Campbell Company. From a judgment in favor of the defendants, plaintiff appeals. This trust was created in 1927 by the decedent, B. B. Campbell. He owned certain oil and gas leases on properties in the Signal Hi...
Views: 3
Plaintiff had judgment for the specific performance of two separate writings, which were construed by the court as agreements of defendant John Malloy to sell and convey to plaintiff two apartment houses, with the furniture contained therein. The court found that the furniture was community property, the real estate the separate property of the husband. John Malloy and Dorothy G. Malloy, his wi...
Views: 7
We have in this case an appeal by John Malloy from a judgment in favor of plaintiff Dixon, the latter being the broker who found a purchaser for Malloy’s property, accepted deposits from the purchaser, and notified the owner thereof under circumstances stated in Holway v. Malloy, ante, p. 317 [160 P.2d 893], this day decided. The judgment in the present case awarded plaintiff the sum of $3,00...
Views: 3
This is an appeal from a judgment settling an amended and supplemental first and final account rendered by the legal representative of a deceased trustee of a testamentary trust; awarding a “lump sum” fee to A. W. Brunton “for services as attorney and administrator of the estate” of the deceased trustee; and distributing the trust estate to the remainder-beneficiaries. Although the notice of appea...
Views: 0
This action was brought by the state to recover taxes claimed to be due from defendant for the years 1937 and 1938, under the Private Car Tax Act (Stats. 1937, p. 621; Deering’s Gen. Laws, 1937, Act 8496). The amended complaint alleged that defendant, an Illinois corporation, during 1937 and 1938 owned private cars which were furnished to shippers for the transportation of property; that defend...
Views: 12
Plaintiff, Bank of America National Trust and Savings Association, which we will hereinafter refer to as the bank, brought this action against Hubert G. Kumle, Donald P. Kumle, Leon Brier and Charles F. Yanciel, doing business under the firm name and style of Battle Mountain Placers, a copartnership, and the partnership itself. Also included as parties defendant were the same individuals with t...
Views: 1
Page 1079
Petition for a writ of review. The commission found that Paul McClure was injured in the course and scope of his employment with Bethlehem Steel Corporation, a self-insured employer, in September, 1942; that he then sustained a dislocated intervertebral disc; that such injury has resulted in 100 per cent permanent disability; that the employee is entitled to such medical treatment as may reasonabl...
Views: 0
Page 1080
On October 17, 1944, Daniel E. Seaquist, employed as a machinist by the Bethlehem Steel Company at its Twentieth Street shipbuilding plant in San Francisco, tripped and fell on a cement walk, fracturing his kneecap. He was 61 years old and had been in the employ of the company two years. On October 23, 1944, he filed an application with the Industrial Accident Commission for compensation, which th...
Views: 12
Daniel W. Lynch died March 17, 1944, leaving a witnessed will dated May, 1940, which was offered for probate. He was unmarried and was survived by a mother, Mary Lynch, six brothers and two sisters. By the terms of his will he devised and bequeathed his entire estate in equal undivided shares to four of his brothers, his mother Mary (erroneously described in the will as a “sister”), and a frien...
Views: 0
Harold L. Loud, an attorney at law, died at Santa Monica, California, on September 27, 1943, and a holographic will dated January 28, 1937, was duly admitted to probate, the decedent’s two brothers, Archie Chester Loud and August Blanke Loud being appointed as executors. The dispositive portions of this will read as follows: “First, I authorize and direct my executor, hereinafter named to pay o...
Views: 3
Plaintiff owned and operated a retail furniture store. Defendant Muir had been employed by him as a truck driver to deliver furniture. Repp & Mott, a corporation, hereinafter called the defendant, operated an auction business in which furniture and other articles, re
*409
eeived from stores and individuals, were sold at public auction on a commission basis. At various times Muir ha...
Views: 0
Respondents by their complaints sought to recover for the alleged wrongful death of their respective husbands and fathers proximately caused by the negligence of appellant. Appellant in its answer to the complaints denied its negligence and charged that the deaths were caused by the contributory negligence of the decedents. The matters were tried before a jury which rendered verdicts for the re...
Views: 13
Petitioner Wolski, aged 55 years, on December 2, 1943, while employed as a logger by respondents Sterling C. Linebaugh and Tena I. Linebaugh, sustained injury arising out of and occurring in the course of said employment, when a chip of wood struck his right eye and completely destroyed the sight thereof. The employers’ insurance carrier was State Compensation Insurance Fund, and both employer and...
Views: 10
This is an appeal by defendants from a judgment rendered in favor of plaintiff in an action for specific performance of an agreement for the exchange of real property. The following grounds are urged in support of a reversal of the judgment:
“1. The evidence does not support the trial court’s finding that the properties of the respondent and of the appellants were of equal value or its conclusion ...
Views: 0
On September 28, 1944, the District Attorney of Los Angeles County, filed a second amended information containing six counts, the first three counts of which charged defendant with the commission on April 11, 1944, of the offenses of kidnapping, rape, and assault by means of force likely to produce great bodily injury upon Mrs. Marion Davis. Counts 4 and 5 charged kidnapping and assault by means o...
Views: 6
70 Cal.App.2d 449 (1945)
THE PEOPLE, Respondent,
v.
TROY PHILLIPS, Appellant.
Crim. No. 1903.
California Court of Appeals. Third Dist.
Aug. 6, 1945.
S.W. Green for Appellant.
Robert W. Kenny, Attorney General, and David K. Lener and James O. Reavis, Deputies Attorney General, for Respondent.
ADAMS, P. J.
In an information filed by the District Attorney of Sacramento County defendant was ch...
Views: 5
In a trial to the court sitting without a jury the plaintiff had a judgment for damages for injuries suffered when struck by defendant’s motor vehicle. When the cause was called for oral argument the defendant moved to take the testimony of a witness who was not present at the trial. Three questions are presented for decision—the sufficiency of the evidence to support the finding of defendant’s ne...
Views: 0
Informations charging defendant with robbery and mayhem were consolidated and tried to a jury which returned verdicts of guilty on both charges. Defendant’s motion for a new trial was ordered denied. He appeals from the judgments and the order. Nelson, the complaining witness, testified that he had known and lived with defendant for about two months at-a farm where they had both been sent after...
Views: 0
Defendant was accused by information of the offense of grand theft. A trial by the court without a jury resulted in a judgment of guilty, from which defendant appeals. According to the testimony of Elizabeth Hanson, the victim of the alleged theft, as related at the preliminary hearing, she met defendant in a cocktail bar some time before the date of the offense under circumstances described as...
Views: 17
This is an appeal from a judgment pronounced on defendant after his conviction of the crime of mayhem, and from an order denying his motion for new trial. The only ground urged for a reversal of the judgment is that the evidence is insufficient to support the verdict. There is a sharp conflict in the evidence on several material points between that offered by the People and that of the witnesses f...
Views: 7
This is a proceeding in certiorari to review an award of the Industrial Accident Commission in favor of the respondent, Katherine Devens. Taking the evidence of Mrs. Devens, which is the most favorable to her ease, the following facts appear: Mrs. Devens was for many years engaged in household domestic service. It was her practice to work by the day or half day in the homes of several employers...
Views: 14
Page 1094
This is an action brought in the name of the widow against the executors of her deceased husband’s estate. While in form it is one for an accounting its real purpose is to establish that all or a large part of the property in the hands of the executors is, in fact, the separate property of the widow.
Augusta Opp and Fred Opp were married in 1880, and lived together in complete harmony for ...
Views: 3
This appeal is prosecuted by the plaintiff from a judgment dismissing the action. The case was regularly set for trial on November 6, 1944, and the judgment of dismissal was ordered on that date following the statement of plaintiff’s counsel that “I am standing on the grounds that I am not ready to go to trial at this time. ’ ’ It was and is appellant’s position that the trial court abused its dis...
Views: 1
This is an appeal by the defendants, county of Los Angeles and city of Los Angeles, from a judgment in favor of plaintiff corporation which grants a refund of taxes paid by it under protest on personal property for the fiscal year 1940-41.
The corporate respondent is engaged in the merchandising of furniture, household goods and wearing apparel, maintaining stocks of such merchandise distr...
Views: 3
Defendant was charged in thirteen counts of an indictment with rape, robbery, burglary, and attempt to commit rape in respect to five different women. On a trial to a jury he was acquitted on the charges alleged in counts one to three inclusive and counts eleven to thirteen inclusive. He was convicted on the charges found in counts four, six to ten inclusive, and guilty of the lesser offense of s...
Views: 6
Page 1098
The plaintiffs Alex Hyde and Mae Sewell commenced an action against the defendants P. 0. Hagen, Margery Hagen, his wife, Robert P. Hagen, his son, and Hagens, Inc., to recover damages for an alleged breach of contract. The defendants answered and the action was tried before the trial court sitting without a jury. The court made findings in favor of the plaintiffs and from the judgment entered ther...
Views: 0
Plaintiff appeals from an adverse judgment in an action to quiet title to real property, the second amended complaint praying that the judgment in the case of Hovey v. Woodd, hereinafter referred to, be declared “void and of no force or effect. ’ ’
It is disclosed by the record herein that respondents Knapp and Heath are attorneys at law and have represented respondent Woodd in various matters sin...
Views: 1
This is an appeal from a judgment granting a decree of divorce to the cross-complainant on the ground of extreme cruelty. Appellant now asserts that the evidence is insufficient to support the findings and that the corroboration is insufficient to comply with the requirements of the law. At the time of their marriage, October 5, 1940, respondent was fifty-three years of age and appellant was fort...
Views: 5
The defendant was charged with murdering Harold Rannells. A jury convicted him of manslaughter. In an affray which occurred in Sacramento, September 9, 1944, between the defendant and Harold Rannells the latter was stabbed in the abdomen, as a result of which he died nine days later. From the judgment of conviction of manslaughter the defendant has appealed. The only contention of the defendant on...
Views: 0
In an indictment filed in the county of Sacramento, defendant was charged, in three counts, with violations of section 288a of the Penal Code. All of the offenses were alleged to have been committed "on or about the month of July, A. D. 1943,” the first with Earl Barnett, and the other two with Richard Hassell. Defendant demurred to the indictment on the grounds that the facts stated in each co...
Views: 10
This proceeding was instituted by the state under section 11610 et seq. of the Health and Safety Code to forfeit the interests of George Morris, the registered owner, the Kelley Kar Company, and the Automobile Investment Company, a partnership, the legal owner, of a certain 1940 Buick Sedan, on the ground that such vehicle was used to unlawfully conceal, convey, carry, or transport marihuana in...
Views: 9
Defendant appeals from a judgment of conviction of second degree robbery and from orders denying his motions to be permitted to withdraw his plea of guilty and to vacate the judgment. There is no merit in these appeals. Defendant and Patricia Hollis, on July 20, 1944, were charged by information with robbery in that on May 23, 1944, they forcibly took from one' Ben Rodriguez $60 in money, an *...
Views: 6
Page 1105
On April 13, 1943, in an action for divorce brought by Kathleen B. Cory against Melvin H. Cory, an interlocutory decree of divorce was granted to plaintiff on the grounds of defendant’s extreme cruelty, defendant having been served with summons and failed to appear. The custody of two minor children of the parties, a boy aged about 5 years and a girl aged ábout 2% years, was awarded to plaintiff....
Views: 14
Plaintiff sued in propria persona to set aside a sale of real property made under a deed of trust, and for damages sustained as a result of such sale. Defendant Gibson who was the purchaser at the trustee’s sale, was adjudged absolute owner of the property, and plaintiff was denied all relief prayed.
The controversy arises out of a promissory note dated November 5, 1941, executed by plaint...
Views: 5
Page 1107
Prom a judgment of guilty of violating section 288 of the Penal Code after trial before a court without a jury, defendant appeals. In his opening brief defendant says: “Briefly summarized the evidence discloses that Carol *584 Morton of the age of five years was invited to defendant’s room, which was on the premises of his employment and where she was visiting. That while there he had her l...
Views: 9
This is an appeal by the intervenors from an order vacating a previous order permitting them to file in the above entitled divorce suit, their complaint in intervention alleging title or an interest in some of the property which is described and involved in the complaint for divorce. After the appeal was submitted the intervenors’ attorneys advised this court their clients had disposed of all thei...
Views: 0
Plaintiff and defendant Jack T. Silver became acquainted in 1942; (defendant Lube Silver is the wife of defendant, Jack T. Silver, and appears in the case because title to certain properties and assets of the partnership hereafter discussed were carried in her name. Reference to defendant hereafter will be to defendant Jack H. Silver). Plaintiff was a real estate broker, defendant was not, but ...
Views: 0
— Action for personal injuries caused by an automobile running down a pedestrian in an intersection. There are two defendants, but one is the owner of the automobile and is sued to recover on her liability under the Vehicle Code for permitting the other defendant, driver of the car, to operate it. Therefore, we will speak of the defendant driver as the defendant. The plaintiff, a “newsboy” 58 year...
Views: 0
This is an appeal by the plaintiffs from a judgment dismissing the action following an order sustaining, without leave to amend, defendants’ demurrer to the first amended complaint.
. It is alleged in the amended complaint that the Los Angeles County Pair (hereinafter referred to as the “predecessor corporation”) and the defendant, Los Angeles County Pair Association (hereinafter referred ...
Views: 10
A writ was issued in the trial court for the purpose of reviewing the proceedings, and order of the Board of Supervisors of Los Angeles County, hereinafter referred to as “the Board,” granting and issuing a permit to respondent Hillside Memorial Park, a corporation, on the 27th day of July, 1943, to establish, maintain and operate a private cemetery. After a hearing on the matter, a judgment was e...
Views: 7
Plaintiff, North Side Property Owners’ Association (hereinafter referred to as the “Association”), a
*612
nonprofit corporation composed of property owners and home owners owning land in the northwest portion of the city of Inglewood, in Los Angeles County, instituted this action to enjoin- defendants from establishing and maintaining a cemetery on certain described land, under a p...
Views: 9
This is an appeal by defendant from a decree of divorce in a default action. It is taken only from the provisions which refused approval of a property settlement agreement and awarded plaintiff one dollar per month for support. The marriage was without issue. Defendant’s contention is that these provisions were in excess of the relief sought by the amended complaint and that they were based upon ...
Views: 7
The defendant was charged with the commission of four felonies: kidnapping, burglary, violation of section 288 of the Penal Code, and rape. A jury found him not guilty of rape but guilty of the three other felonies. He appeals from all the judgments of conviction on the ground *630 that they are contrary to the evidence and also upon claimed errors of law. The People presented evidence tendin...
Views: 10
This cause is before us for the second time. On a prior appeal
(Cafe Apollo Co.
v.
Anselm,
47 Cal.App. 2d 151 [117 P.2d 691]) this court reversed a judgment in favor of plaintiff. Reference is made to the case just cited for a statement of the factual background which gave rise to this litigation. The second trial resulted in judgment for the defendant, from which plaintif...
Views: 4
Plaintiff brought this action to have his ceremonial marriage to defendant annulled on the ground that at the time of said ceremony defendant had a former husband living, and that her marriage to said former husband had not been dissolved by divorce or otherwise. Defendant is a native of Cuba. In December, 1921, she married, in Havana, Karl Hugo Karlsson, a national of Sweden. In 1927, plaintif...
Views: 13
This cause is presented as a petition to review the findings and an award of the Industrial Accident Commission based upon the alleged “serious and wilful misconduct of the employer” wherein it was held that the injury to the applicant for industrial compensation resulted from the failure “to have in place a guard upon the machine upon which applicant was hurt at or near the point where she was...
Views: 7
Appellant was accused by indictment of having committed five felonies, to wit: forgery of a will (Pen. Code, § 470), altering a public document (Govt. Code, § 6200), causing to be filed a forged will (Pen. Code, § 115), offering in evidence a forged will (Pen. Code, § 132), preparing a false and antedated will (Pen. Code, § 134). As a part of the same indictment it was alleged that appellant ha...
Views: 29
This is a suit instituted by a minority stockholder of the defendant Rainbow Mill and Lumber Company, a corporation, under section 404 (B) (1) of the Civil Code, to procure the involuntary dissolution of the corporation on the ground that it had “abandoned its business for more than one year.” The judgment was rendered in the alternative, pursuant to subdivision (E) of that section as amended in 1...
Views: 0
This is an appeal by defendant in an action for claim and delivery involving the sale of an automobile. It is contended that the facts as found compel a finding of ostensible agency in the seller in negotiating a sale of plaintiff’s automobile, and that the trial court erred in not protecting defendant in his claimed title.
Plaintiff loaned the automobile in question to one Stone for perso...
Views: 0
The defendant was accused of violating section 11530 of the Health and Safety Code, which declares that “No person shall knowingly plant, cultivate, cut, harvest, dry, or process any loco weed or cannabis sativa [marihuana] or any part thereof.” He was accused also of having been *717 previously convicted of burglary, in Alameda County, and of having served a sentence therefor in the state pris...
Views: 4
Plaintiff appeals from a judgment entered on an order sustaining the demurrer to plaintiff’s second amended complaint without leave to amend.
The second amended complaint was divided into three causes of action: First, the plaintiff alleged that on or about December 15, 1921, May and H. D. Saville and Amber H. and W. J.
*723
Chase conveyed a certain described piece of property...
Views: 9
Defendant appeals from a judgment in favor of plaintiff, who brought this action as the assignee for collection of the Bradley Truck Company. Plaintiff’s assignor was at all times herein engaged in business as a licensed highway contract carrier under the Highway Carriers’ Act (Stats. 1935, chap. 223, as amended by Stats, of 1937 and 1939, respectively; Deering’s Gen. Laws, Act 5129a, as amended)...
Views: 7
This is an appeal by the plaintiff from an order refusing to allow her moneys to pay alleged attorney fees and costs in defending an appeal which the defendant has taken from a judgment establishing as a judgment in this state a decree rendered by the Second Judicial District Court of the County of Washoe in the State of Nevada in an action brought by the plaintiff to obtain a decree of divorce. T...
Views: 3
The defendant was duly informed against, tried and convicted of violating subdivision 2 of section 337a of the Penal Code. He has appealed from the judgment. Before stating his points it will clarify the case to recite some of the facts. On the 24th day of May, 1944, Thomas M. Cole and Walter V. Heagney, police officers of the city and county of San Francisco, visited the place known as 83 Firs...
Views: 12
After due notice defendants moved for an order transferring the action from the Superior Court at Long Beach to the same court in the city of Los Angeles on the ground of convenience of witnesses. In support of their motion they filed and presented the affidavit of defendant Burgess specifying various items of evidence essential to the *741defense and alleging that all of their witnesses as to suc...
Views: 0
Appellant was charged in an information filed by the District Attorney of Los Angeles County in counts I and III with violations of section 288 of the Penal Code, and in count II with statutory rape. The jury returned verdicts of guilty as to counts I and III, and, having failed to agree upon a verdict as to count II, the court declared a mistrial as to that count and on its own motion dismissed ...
Views: 12
This is an action brought by the widow of C. W. French against the executor of his estate to declare that *756 defendant held in trust for her a life estate in certain real property in Inyo County. Plaintiff and C. W. French were married in Beno, Nevada, on December 18, 1938. They separated on July 22, 1939, and did not thereafter live together. Mr. French died on February 18, 1943. He had on...
Views: 2
From a judgment in favor of defendants predicated upon the granting of their motion for a directed verdict in an action to recover damages for personal injuries, plaintiffs appeal.
On December 17, 1942, at approximately 5 p. m., plaintiff Hable L. Robson, whose husband is her coplaintiff, was in the act of entering the waiting room of the Los Angeles Union Station for the purpose of buying a ticke...
Views: 11
The defendant Jackson and his codefendant Hoover were convicted by a jury of second degree robbery. Jackson appeals upon the grounds that the evidence *765 was insufficient to sustain the judgment, that the court committed error in instructing the jury and also failed to instruct the jury sua sponte on the law pertaining to alibi. The complaining witness Henry M. Strand testified that aroun...
Views: 5
After hearing evidence introduced in a proceeding supplemental to execution, the trial court granted plaintiff’s motion for the appointment of a receiver; and from the order made in that behalf defendant has appealed.
The judgment in the action called for the payment of the sum of $3,168.75 and costs, found to be due on a promissory note. Execution issued and was returned wholly unsatisfie...
Views: 7
Plaintiff sued to recover attorney’s fees and expenditures incidental to an indemnity agreement executed by defendants with plaintiff for the release of an attachment against N. Abraham in another action then pending against that defendant. The cause was tried to the court without a jury upon a stipulation of facts and the testimony of one witness. Plaintiff had judgment for the full amount pra...
Views: 12
The plaintiffs sued for actual and exemplary damages for the alleged unlawful entry of defendant into the residence of plaintiffs. A demurrer to the second amended complaint was sustained; the plaintiffs declined to amend further; and defendant took judgment. We will herein refer to the second amended complaint as the “complaint.” This alleges that the defendant “wrongfully and by force” entere...
Views: 5
This is an appeal from an order denying the appellant’s motion to strike from an interlocutory judgment of divorce, provisions relative to the disposition of certain real property located in Nebraska. It is not contended that the court had no jurisdiction of the land because it was in Nebraska, but appellant maintains that there was no jurisdiction to make the disposition for the reason that the ...
Views: 9
From a judgment in favor of plaintiffs after trial before a jury in an action to recover damages for the wrongful death of plaintiff Charles E. Heglin’s wife, defendant F. C. B. A. Market, Inc. appeals. The evidence* being viewed in the light most favorable to the plaintiffs (respondents), the essential facts are: About 7 p. m., October 7, 1942, a Ford truck owned by defendant F.C.B.A. Market, Inc...
Views: 0
Respondent moves to dismiss the appeals in this and in sixty-one other related cases from separate
*813
orders of the superior court authorizing the commissioner in liquidation of the affairs of the corporation to sell sixty-two parcels of real property owned by the corporation. The appeals have been taken by the corporation as an interested party appearing in response to the sever...
Views: 1
Plaintiff brought this action for declaratory relief joining as defendants Craig Carrier, doing business as Pacific Linen Supply Company, Pacific Gas and Electric Company and the Railroad Commission of the State of California. The appeal is by plaintiff from a judgment that plaintiff take nothing of or from defendant Railroad Commission which followed an order sustaining said defendant’s demurr...
Views: 1
Plaintiffs recovered a judgment in the sum of $1,950 as damages suffered in the loss of their household goods which defendant W. L. Carpenter, doing business under *829 the firm name and style of Argonne Van Lines and Argonne Van and Storage Company, a common carrier, undertook to transport from Mill Valley, California, to Los Angeles. The complaint alleged the contract of carriage, the payment...
Views: 2
Action for damages to real property. Plaintiffs appeal from a judgment for the defendant city rendered by the court sitting without a jury.
Plaintiffs’ house and property are situated on the northeast corner of the intersection of Kirkwood Avenue and Men-dell Street, facing Kirkwood Avenue. The house and lot immediately adjacent on the northwest were owned by Thomas T. Shoaf and were occup...
Views: 3
Plaintiffs appeal from a judgment for defendants entered upon a directed verdict. Defendant, Piombo Bros., is a copartnership engaged in the contracting business and at the time of the occurrence out of which this action arises had a contract to enlarge the San Francisco Airport in San Mateo County. This work required the hauling of material to make a fill and, in addition to using several of t...
Views: 6
This case is a companion to that of Hicks v. Haitian Coffee Company et al., ante, p. 740 [161 P.2d 564], this day decided. The averments in the affidavits .filed on behalf of the respective parties are practically identical with those contained in the affidavits filed in the Hicks case. The order entered is the same. For the reason stated and upon the authorities therein cited the order herein is ...
Views: 0
70 Cal.App.2d Supp. 862 (1945)
THE PEOPLE, Appellant,
v.
RAYMOND A. WALTON, Respondent.
California Court of Appeals.
Aug. 23, 1945.
Fred N. Howser, District Attorney (Los Angeles), and Jere J. Sullivan, Deputy District Attorney, for Appellant.
Morris Lavine and Thomas A. Law for Respondent.
KINCAID, J.
This appeal is by the plaintiff from the judgment of dismissal by the court as to one of t...
Views: 5
70 Cal.App.2d Supp. 872 (1945)
THE PEOPLE, Respondent,
v.
ERNEST GILES, Appellant.
California Court of Appeals.
Aug. 29, 1945.
Edward R. Young and Milan Medigovich for Appellant.
Fred N. Howser, District Attorney (Los Angeles), Jere J. Sullivan and Robert Wheeler, Deputies District Attorney, for Respondent.
BISHOP, J.
The defendant, convicted on a charge of having used force and violence upo...
Views: 9
69 Cal.App.2d Supp. 814 (1945)
THE PEOPLE, Appellant,
v.
WILLIAM POSTMA et al., Respondents.
Civ. A. No. 6001.
California Court of Appeals. Appellate Department, Superior Court, Los Angeles
June 21, 1945.
Fred N. Howser, District Attorney, and J. J. Sullivan and A. Alexander, Deputies District Attorney, for Appellant.
William G. Kenney and William Mayhew for Respondents.
SHAW, P. J.
This i...
Views: 1
69 Cal.App.2d Supp. 819 (1945)
THE PEOPLE, Respondent,
v.
W. J. BEGGS et al., Appellants.
California Court of Appeals.
June 25, 1945.
Redmond & Redmond for Appellants.
Ray L. Chesebro, City Attorney, Donald M. Redwine, Assistant City Attorney, and John L. Bland, Deputy City Attorney, for Respondent.
BISHOP, J.
[1] In three separate complaints three groups of defendants were charged, in c...
Views: 5
Page 1159
67 Cal. App. 2d 428 (1945)
ALFRED KENNETH SCOTT et al., Respondents,
v.
GEORGE RENZ et al., Appellants.
Civ. No. 12742.
California Court of Appeals. First Dist., Div. One.
Jan. 2, 1945.
Bronson, Bronson & McKinnon for Appellants.
James S. Byers, James F. Boccardo and Edwin H. Williams for Respondents.
PETERS, P. J.
This action was brought by plaintiffs to recover damages for the death ...
Views: 10
67 Cal. App. 2d 440 (1945)
VIRGINIA FISKE et al., Appellants,
v.
CORA WILKIE, Respondent.
Civ. No. 14269.
California Court of Appeals. Second Dist., Div. One.
Jan. 2, 1945.
Ratzer & Bridge and Collamer A. Bridge for Appellants.
Michael F. Shannon, Thomas A. Wood and Charles W. Wolfe for Respondent.
WHITE, J.
This is an attempted appeal from an order "sustaining the demurrer of defendan...
Views: 12
67 Cal.App.2d 452 (1945)
RALPH W. EVANS, as Building and Loan Commissioner, etc., Respondent,
v.
COUNTY OF SAN JOAQUIN et al., Appellants.
Civ. No. 7105.
California Court of Appeals. Third Dist.
Jan. 2, 1945.
Chester E. Watson, District Attorney, and Robert N. Blewett, Assistant District Attorney, for Appellants.
Charles H. McDonald for Respondent.
ADAMS, P. J.
On November 29, 1929, the Pa...
Views: 1
67 Cal.App.2d 456 (1945)
INA HINDS et al., Appellants,
v.
I. M. WHEADON et al., Respondents.
Civ. No. 14310.
California Court of Appeals. Second Dist., Div. Three.
Jan. 3, 1945.
Syril S. Tipton for Appellants.
Joseph A. Ball for Respondents.
SHINN, J.
The present action was brought by the widow and minor children of George T. Hinds to recover damages for his death. Decedent was employed by...
Views: 4
67 Cal. App. 2d 467 (1945)
THE PEOPLE, Respondent,
v.
DORAND METRO OHMAN, Appellant.
Crim. No. 3830.
California Court of Appeals. Second Dist., Div. One.
Jan. 4, 1945.
Maurice A. Gleason for Appellant.
Robert W. Kenny, Attorney General, and Everett W. Mattoon, Deputy Attorney General, for Respondent.
WHITE, J.
In an information filed by the District Attorney of Los Angeles County, containi...
Views: 13
Eugene L. Kellner, the appellant, was found guilty of the crime of burglary in the first degree by the court sitting without a jury. On this appeal from the judgment he contends that the evidence is insufficient to sustain the conviction. The evidence establishes that at about 10:30 p. m. on January 29, 1944, the residence of Arthur B. Miner in San Pedro was forcibly entered and about 100 bottles ...
Views: 6
67 Cal. App. 2d 480 (1945)
BOARD OF LAW LIBRARY TRUSTEES OF THE COUNTY OF LOS ANGELES et al., Respondents,
v.
J. M. LOWERY, as County Auditor, etc. et al., Appellants.
Civ. No. 14503.
California Court of Appeals. Second Dist., Div. One.
Jan. 8, 1945.
J. H. O'Connor, County Counsel, S. V. O. Prichard, Assistant County Counsel, and Gerald G. Kelly, Deputy County Counsel, for Appellants.
Paul V...
Views: 7
This is an appeal by plaintiff in an action to recover a specified sum alleged to be due under the terms of a contract between plaintiff and defendant; and a second cause of action was for money had and received. The trial court found for defendant and from the judgment that followed, plaintiff appeals.. Briefly, it appears from the record that respondent was a merchant engaged in the furniture bu...
Views: 0
67 Cal. App. 2d 486 (1945)
LILLIAN J. McALPINE, Appellant,
v.
LOS ANGELES RAILWAY CORPORATION (a Corporation), Respondent.
Civ. No. 14426.
California Court of Appeals. Second Dist., Div. Two.
Jan. 10, 1945.
Clyde C. Downing for Appellant.
Gibson, Dunn & Crutcher and E. H. Chapman for Respondent.
WOOD (W. J.), J.
Plaintiff commenced this action to recover for damages suffered when she w...
Views: 7
On October 13, 1942, the last will and testament of Mary A. Del Fosse was admitted to probate and James B. Hudson, proponent of the will, appointed executor without bond in accordance with its terms. Some months later a contest was filed by two elderly aunts of decedent, her only heirs at law, praying that the probate of the will be set aside. This the court, sitting without a jury, refused to do,...
Views: 0
67 Cal. App. 2d 499 (1945)
JOHN KERSCH, Respondent,
v.
ROY I. TABER, Appellant.
Civ. No. 7100.
California Court of Appeals. Third Dist.
Jan. 11, 1945.
L. N. Lorenzen for Appellant.
C.J. Luttrell and Floyd Merrill for Respondent.
THOMPSON, J.
The plaintiff brought suit in assumpsit for repayment of $1,500 advanced to defendants upon a written contract to purchase from the owners a specified...
Views: 1
This is an action to recover for services alleged to have been performed for the deceased, a claim therefor having been rejected by the administratrix of his estate. It appears, without question, that the plaintiff kept house for the deceased from July, 1929, until he died on December 28, 1943. The complaint alleged that on July 1, 1929, these parties entered into an oral agreement whereby the pla...
Views: 0
This is an appeal by the contestant of a will from an order admitting that will to probate after trial of a will contest before the court sitting without a jury. Laura Schwartz, the deceased, lived at Los Angeles, where she- died on December 18, 1942, at the age of seventy-four years. Her sole surviving heirs at law were two sons, Harold I. Schwartz and Bernerd Schwartz. Both sons were married ...
Views: 12
67 Cal. App. 2d 524 (1945)
RUBY CARTER et al., Appellants,
v.
CITY OF LOS ANGELES et al., Respondents.
Civ. No. 14499.
California Court of Appeals. Second Dist., Div. Two.
Jan. 12, 1945.
Jerrell Babb for Appellants.
Ray L. Chesebro, City Attorney, S. B. Robinson, Chief Assistant City Attorney, Mark A. Hall, Assistant City Attorney, George William Adams, A. L. Lawson and Wendell Mackay, Deput...
Views: 3
This is a proceeding in eminent domain commenced by the People of the State of California acting by and through the Department of Public Works to acquire certain property for the relocation of a state highway. Trial was had by the court without a jury. Defendants and appellants are the fee simple owners of a small tract of land known as Boulder Park, containing about 70 acres, located at the cres...
Views: 9
This is an appeal by Barry Sullivan, one of the defendants, from a temporary injunction restraining him, pending the trial of the instant action in the superior court, from causing to be tried three certain actions which had been instituted by him and others in the justice’s court. The complaint is not in the record but the parties agree that the action is one to determine title and the right o...
Views: 5
This is an appeal by Charles Wellborn from an order quashing a writ of execution and setting aside an execution levy and sale of real property. In 1939 plaintiff herein was awarded a judgment annulling her marriage to Charles Wellborn and adjudging her to be the owner of certain residence property situated in the city of Los Angeles. The defendant was awarded a lien on the property for $1,250, wit...
Views: 7
The Pioneer Provision Company, a manufacturer of meat products, hereinafter referred to as the shipper, employed the defendant, a common carrier by motor trucks, to transport 7,598 pounds of chilled fresh sausage from Los Angeles to Camp Roberts, an army camp near San Luis Obispo. By reason of heavy rainfall which caused the highway to be closed, the defendant did not send the sausage forward i...
Views: 1
Defendant was accused of the crime of murder. A jury found her guilty of murder of the first degree and fixed punishment at life imprisonment. Her motion for a new trial was denied, and she was sentenced to life imprisonment. Defendant appeals from the verdict, from the “judgment” denying her motion for a new trial, and from the sentence. Defendant contends: (1) that the evidence was insufficie...
Views: 12
The executor of the last will of John D. Van Ormer, deceased, has appealed from a judgment reforming a lease of real property and awarding plaintiffs judgment for return of $1,862.50 paid to the deceased as rental advanced pursuant to the terms of the lease, which was to be refunded in the event of sale of the property before the crops were planted. John D. Van Ormer lived at Turlock and owned ...
Views: 4
Plaintiff and defendant’s agent entered into an oral contract of purchase and sale of barley. This agreement was made in Los Angeles. The defendant is a corporation with its principal place of business in Fresno. Being advised of the contract by telephone, the defendant in writing, confirmed the sale on the same day. This confirmation was made at Fresno, and mailed to the plaintiff at Los Angeles....
Views: 2
This is an appeal from a judgment of dismissal following the court’s action in sustaining defendants’ demurrer without leave to amend. The complaint alleges that plaintiff corporation has owned, maintained and operated a retail paint store in the city of Los Angeles as an incident to the business in which such plaintiff is engaged. The store is located on Santa Monica Boulevard in a two story fram...
Views: 0
67 Cal. App. 2d 586 (1945)
WALTER D. TANNER, Appellant,
v.
S. B. SHERMAN, Individually and as Sheriff, etc., Respondent.
Civ. No. 3149.
California Court of Appeals. Fourth Dist.
Jan. 18, 1945.
Clyde E. Cate and Ralph Robinson for Appellant.
Walter C. Haight, District Attorney, and John R. Locke, Jr., Deputy District Attorney, for Respondent.
GRIFFIN, J.
This is an action in claim and deliv...
Views: 5
This is an appeal from a decree denying appellant’s petition to have the estate of Najeeb M. Malouf set aside to her. Appellant is his widow and Viola Malouf is their minor daughter who was made a beneficiary under the will of deceased.
It was found by the trial court that the total value of the estate of deceased did not exceed $2,500, and that appellant’s estate did not exceed $5,000 in ...
Views: 1
Plaintiff and respondent brought this action to partition certain real property under the provisions of *593section 752 et seq. of the Code of Civil Procedure. It is alleged that plaintiff and defendant Redlands Security Company, a corporation, hereinafter referred to as the company, are the owners as tenants in common of the real property described in the complaint; that plaintiff is the owner of...
Views: 0
67 Cal.App.2d 596 (1945)
HOWARD E. LYTLE, Respondent,
v.
G. C. KROENKE et al., Appellants.
Civ. No. 3289.
California Court of Appeals. Fourth Dist.
Jan. 18, 1945.
John R. Barta and Harvey, Rimel & Harvey for Appellants.
Roland Thompson and George E. Bradley for Respondent.
MARKS, J.
This is an appeal from a judgment striking a balance of accounts between plaintiff and defendants and awardi...
Views: 0
This is an appeal from a judgment of dismissal after a demurrer to the first amended complaint had been sustained without leave to amend. The action involves the right of the appellant to share in the income from a trust fund established by the decedent, it being conceded that she
*604
is entitled to one-half of the corpus of the trust estate at the termination of the trust.
H...
Views: 7
By stipulation of the parties to the above entitled actions, which were consolidated by order of the trial court, this appeal is submitted on the record in the Will case, it being agreed that the complaints are identical except as to the names of the parties and the locations of their businesses, and that the same judgment was rendered in both actions.
. Plaintiffs’ amended complaints alle...
Views: 4
Petitioner, in a petition for writ of mandamus before this court,- alleges that he is plaintiff in an action filed in the Superior Court of Sacramento County, against the State Board of Equalization and its members, in which action he “seeks a review by way of trial de novo under the provisions of sections 46 and 47 of the Alcoholic Beverage Control Act of the actions and decisions” of the boar...
Views: 5
In. this proceeding the Industrial Accident Commission made a finding that “John Ross, applicant, while employed as a grape picker, on September 22, 1943, near Modesto, California, by M. J. Freedman and Ed Hasson, then and there engaged in a joint enterprise to their mutual advantage and profit, to wit: the harvesting of grapes on the ranch of and owned by defendant M. J. Freedman; sustained injur...
Views: 0
This is an appeal from an interlocutory decree in an' action for the partition of. real property situated in several counties. An agreed statement constitutes the record on appeal. .The parties appearing in the trial court consisted of plaintiff, Louise C. Maud, a grandchild, and named as defendants, certain grandchildren, the trustees for certain other grandchildren, and two great grandchildre...
Views: 1
The executor of the will of Gus B. Caldwell, deceased, has appealed from three orders of the superior court as follows: (1) an order denying the executor’s petition to vacate an order awarding to the widow a family allowance of $100 per month from the date of death to the date of filing the inventory, amounting to the sum of $630; (2) an order setting apart to the widow, as property exempt from...
Views: 5
The instant appeal was taken from an order interpreting the will of Maria Thramm. The will disposed of the estate which remained after the payment of debts and expenses as follows: “To Mr. Ernst and Walter Thramp now living in Berlin Germany, 37 Steinmetz Str $2000 each and if they be deseased to their heirs. Also my husband’s watch, his mother’s diamoi ring, cuff buttons and old ring should go...
Views: 0
On January 23, 1937, plaintiff and his wife, by “Partial Assignment of Lease” assigned to defendant corporation a certain oil and gas lease dated July 2, 1928, between the United States of America, as lessor, and plaintiff, as lessee. Insofar as said lease pertains to and affects a portion of the lands originally demised under the “Partial Assignment” defendant agreed to make application to the S...
Views: 0
In an information filed on May 18,1942, the defendant was charged with the crime of forgery in that he signed another man’s name to a check payable to himself and cashed the check. On June 3, 1942, he appeared in court with his counsel for the purpose of arraignment. He pleaded not guilty and the setting of the trial was continued to June 8,. 1942. On June 15, 1942, he came into court with his ...
Views: 9
This is the first appeal mentioned in the opinion this day filed in People v. Sauer, ante, p. 664 [155 P. 2d 55]. *674This appeal was taken from the order entered on May 12, 1944, denying appellant’s various motions, the appeal being based on the ground that the court had erred in summarily denying these motions without a proper hearing and without producing the appellant in court, although an ord...
Views: 0
This is an appeal by defendants doing business under the name of Basich Bros., a partnership, from orders of the trial court denying its motion for judgment notwithstanding the verdict and for a new trial, and from the judgment entered by the court pursuant to the verdict of the jury.
The plaintiffs Don Mullanix and Julian C. Berry, by their joint complaint, alleged that about 3:30 o’clock...
Views: 10
Plaintiff brought this action under the admiralty jurisdiction of the superior court to recover damages for injuries alleged to have been sustained when he slipped and fell on a landing or float, owned and maintained by defendants, after he had disembarked from a tug operated by defendants which had transported him from Vallejo to Mare Island, where he was employed by defendants as a pile drive...
Views: 1
On June 15, 1943, plaintiffs were the owners of a homesite lot in the city of Los Angeles. On that day the defendant Harry F. Ulrich by a writing contracted for
*699
the purchase of the property on the following terms, to wit: To pay two notes secured by trust deeds upon the premises in the sums of $1,539.31 and $1,027.33, in installments payable respectively at $17 and $33 per mon...
Views: 7
This is an appeal from a judgment entered after a jury had returned a verdict for defendants in an action for damages resulting from a collision between two motor vehicles in the intersection of Shaw and Brayley Avenues in the county of Fresno shortly after five o’clock in the afternoon of November 23, 1942.
Plaintiffs are husband and wife. They were traveling south on Brayley Avenue in a ...
Views: 9
The appellant, Daisy Rickman, was found guilty by a jury of selling opium in violation of section 11160 of the Health and Safety Code, and as a punishment therefor she was sentenced to imprisonment in the county jail for a term of one year. The opium was purchased from appellant by a woman operator in the employ of the State Narcotic Division, and the sale took place in front of a shoe shining ...
Views: 16
This is an appeal by defendant from a final decree which awarded plaintiff a divorce, and purported to award her a half interest in defendant’s cause of action for personal injuries sustained subsequent to the entry of an interlocutory decree. The attempted division of the cause of action may not be sustained unless the cause of action itself was “property” acquired by the husband after marriag...
Views: 10
Plaintiff brought this action to quiet title to a quarter section of land in Butte County. Defendant Barbara Sullivan appeared, and defendant Webster defaulted. No other defendants were served with process, and the action was dismissed as to them. Mrs. Sullivan, in her answer, claimed an interest in the property described, alleging that on August 23, 1934, while it was owned by Dora B. Webster,...
Views: 4
This is an action to quiet title to real property as against any rights of the defendant arising out of certain contractual relations between her deceased husband, D. R. White, and the plaintiff. D. R. White and the plaintiff executed a written agreement dated January 10, 1938. By way of preamble it recited that the plaintiff owned certain land upon which was an oil well which was not then in prod...
Views: 0
Two suits for the reasonable value of services performed by sisters of Mary Collier, deceased, were consolidated for the purpose of trial. In spite of the fact that the court found the deceased did not agree to pay either of the plaintiffs “the reasonable or any other value for such services,” judgments were rendered in their favor. Sara B. Collier was awarded the sum of $400 and costs, and Lilli...
Views: 4
The respondent demurred to petitioner’s application for a writ, of certiorari, on the ground that it fails to state a cause authorizing the issuance of the writ. The petition alleges that Clarence Stoner brought suit in the Superior Court of Yolo County against his wife Gertrude *761 Stoner, under section 82 of the Civil Code, for annulment of his marriage, on the ground that at the time of s...
Views: 2
This appeal is from a judgment for plaintiff in an action for the conversion of the vessel ‘ ‘ St. Mary. ’ ’ The historical background is set forth in
Balestreiri
v.
Arques,
49 Cal.App.2d 664, 665-666-667 [122 P.2d 277], an action for declaratory relief, in which Balestreiri was named as plaintiff and respondent, and Arques as defendant and appellant. We quote the facts fr...
Views: 8
This is an appeal by the defendant from a judgment in favor of the plaintiff who was the sole beneficiary under a policy of life insurance issued by defendant on the life of Garrett O. Wigell. The action was defended upon the ground that the policy lapsed prior to the death, of the insured and this is the sole issue in the case. The exact *781question is whether there were sums in defendant’s hand...
Views: 6
In an information filed in the Superior Court of Sacramento County defendant was charged with a violation of section 278 of the Penal Code, in that on or about the 1st day of September, 1943, he wilfully, maliciously, forcefully and feloniously took a boy of the .age of 12 years away from his mother with the intent to detain and conceal said child from his parent. He was convicted and now appeals...
Views: 0
Defendant was charged by information with violation of Penal Code section 286. Four prior convictions, three for similar offenses, and one for grand larceny, were also charged. Upon arraignment he admitted the prior convictions, and entered pleas of not guilty and not guilty by reason of insanity. The jury returned verdicts of guilty of ' “an .attempt to violate section 286 of the Penal Code” and...
Views: 15
Plaintiff and defendants were engaged in the business of milling and selling poultry feed. Plaintiff’s place of business was in Los Angeles County; defendants’ place of business in Riverside County. The plaintiff was going out of business in 1942; defendants were advised of it, and the parties negotiated a sale by plaintiff to the defendants of a pellet machine. A pellet machine transforms mash or...
Views: 0
This is an appeal from an order denying a petition for partial distribution. The decedent, Henry H. Cline, died testate on the 17th day of June, 1937. His will dated December 11, 1936, was duly admitted to probate. The third paragraph of said will reads as follows: “I hereby give and bequeath to Madylon M. Brown of Los Angeles, Calif, the sum of Three Thousand ($3,000.00) Dollars, inherited by me ...
Views: 0
Page 1212
Petitioner was adjudged guilty of contempt of court and sentenced to serve five days in the County Jail of Los Angeles County for disobedience of an order, which was made on November 6, 1944, in connection with a divorce action instituted by her against her husband, Rudolph Eisner, requiring her to pay to him the sum of $225, as and for alimony pendente lite and attorney’s fees. By the instant ...
Views: 8
On November 3, 1932, the appellant company issued an automobile liability policy to Helmut Hardt covering a specified automobile. On October 23, 1933, Hardt, while driving the automobile in question, injured William Kingston. In March of 1934 Kingston sued Hardt for the injuries so received. In that action Hardt was defended by appellant company pursuant to the terms of the policy. In June of 1...
Views: 12
Plaintiffs, Helen M. Lowe and Elsa K. Dernkam, who are legatees of certain real property under the will of Josephine Wester, brought this action against Albert J. Ruhlman and others for the purpose of having it determined that Ruhlman’s life estate in the property had terminated by reason of Ruhlman’s alleged breach of a condition subsequent. The trial court determined that there had been no brea...
Views: 11
Page 1215
This is an original application for a writ of habeas corpus on the ground that petitioner is being illegally held in custody. The undisputed facts are these: Petitioner is a parolee from San Quentin Prison. On *836November 24, 1944, he was placed in the custody of the Sheriff of Los Angeles County at the instance of his parole officer. Thereafter at a meeting of the Adult Authority, held at San Fr...
Views: 18
Petitioner, George W. Davis, has been convicted of grand theft. His appeal is now pending. By this application he seeks from this court an order admitting him to bail pending the appeal. Such an application was first made to the trial court, and was there denied.' That court also denied his petition for probation. The application recites the conviction and the taking of the appeal,' and- then all...
Views: 13
From a judgment in favor of defendant after trial before the court without a jury in an action to cancel a deed, plaintiff appeals. The evidence being viewed in the light most favorable to the defendant (respondent), and pursuant to the rules set forth in Estate of Isenberg, 63 Cal.App.2d 214, 216 [146 P.2d 424], the essential facts are: On April 9, 1943, plaintiff deeded a- parcel of real ...
Views: 8
Plaintiff appeals from a judgment rendered in favor of defendants Security-First National Bank of Los Angeles and Assets Corporation. The action was for an accounting and the complaint alleged that a trust relationship existed between plaintiff and the defendants, that defendants had violated certain duties which they owed plaintiff as her trustee and had failed to render an accounting to her, ex...
Views: 15
Plaintiff, a test pilot, brought suit for $2,500 against defendant, a manufacturer of aircraft, as the balance of an agreed price for the testing of a glider which defendant was manufacturing for the Air Corps of the War Department. Plaintiff upon full performance of his contract was to receive $5,000 for his services, he was paid $2,500, and was sued by cross-complaint for the sum of $1,000 whic...
Views: 0
California Employment Commission has appealed from a judgment which was rendered against it in a suit instituted under section 37 of the Unemployment Insurance Act of California (Stats. 1935, p. 1226, as ámended; Deering’s Gen. Laws, 1939, p. 1697, Act 8780d) to collect from the respondent, who was engaged in baling hay on contract with farmers in Yolo County, alleged delinquent assessments levie...
Views: 2
Defendant appeals from a judgment- reforming a property settlement agreement entered into by the parties at a time when they were husband and wife. The agreement which was executed on October 29, 1942, provided for the division of their community property and for the payment of $150 per month by the husband to the wife for the period of three years. The agreement contained the following provisi...
Views: 3
From a judgment in favor of defendants after trial before the court without a jury, in an action for an accounting and dissolution of an alleged joint venture, plaintiff appeals. *879 The evidence being viewed in the light most favorable to the defendants (respondents), and pursuant to the rules set forth in Estate of Isenberg, 63 Cal.App.2d 214, 216 et seq. [146 P.2d 424], the essential fa...
Views: 11
From a judgment of guilty of grand theft, after trial before the court without a jury, defendant appeals. There is also an appeal from the order denying his motion for a new trial. The evidence being viewed in the light most favorable to the People (respondent), the essential facts are: On November 23, 1943, Mr. Karsh left his Cadillac sedan in front of 1388 West Washington Boulevard, Los A...
Views: 12
Defendant appeals from a judgment following a verdict of guilt in a prosecution for assault with a deadly weapon, a .32 automatic pistol, upon the person of one Robert J. Breese. Upon his appeal he challenges the sufficiency of the evidence to establish guilt and complains of error in instructions that were given and in the refusal of an instruction. It is claimed by defendant that there was not ...
Views: 6
Plaintiff appeals from a judgment after order sustaining general and special demurrers to a second amended complaint, without leave to amend. The complaint purports to set forth a cause of action upon a contract claimed to be -within the code provisions that “A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.” (C...
Views: 1
Demurrer to plaintiff’s amended complaint was sustained with leave to amend. Upon failure to amend, after notice, judgment for defendant was made and entered, from which plaintiff appeals. Inasmuch as the decision necessarily turns upon whether a cause of action is stated by the amended complaint, the following is substantially its content: Plaintiff and defendant appear as administrator and execu...
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71 Cal.App.2d 235 (1945)
KEITH LYNN WILSON, a Minor, etc., et al., Respondents,
v.
CITY OF LONG BEACH et al., Appellants.
Civ. No. 14653.
California Court of Appeals. Second Dist., Div. One.
Oct. 22, 1945.
Irving M. Smith, City Attorney, and Frank C. Charvat and Dewey L. Strickler, Deputies City Attorney, for Appellants.
Joseph A. Ball for Respondents.
DORAN, J.
This action was brought to ...
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This is a motion to dismiss the appeal on the ground, among others, that the matter is moot.
Petitioners, Mark F. Jones and Sidney Tannen, filed a petition seeking compensation from the assets of the estate of Rosa Reiss for services alleged to have been rendered by them in the preservation of the assets of said estate. They had represented Moses Reiss, a son of decedent, not as executor or admini...
Views: 0
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