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All Reporters → cal-app-lexis → Volume 1948
Opinions in cal-app-lexis Volume 1948
85 Cal.App.2d 1 (1948)
Estate of FRANK H. O'DONNELL, an Incompetent Person. DEPARTMENT OF MENTAL HYGIENE, Appellant,
v.
MAY F. DUNHAM, as Guardian, etc., Respondent.
Civ. No. 13575.
California Court of Appeals. First Dist., Div. One.
Apr. 15, 1948.
Fred N. Howser, Attorney General, Elizabeth Palmer and Miriam E. Wolff, Deputy Attorneys General, for Appellant.
Robert E. Hatch and Theodore Tam...
Views: 5
85 Cal. App. 2d 22 (1948)
JESSE B. CAMERON, Appellant,
v.
LOUISE A. CAMERON, Respondent.
Civ. No. 13664.
California Court of Appeals. First Dist., Div. One.
Apr. 15, 1948.
Anthony S. Devoto for Appellant.
Henry Jacobsen, Jr., for Respondent.
BRAY, J.
Plaintiff husband commenced an action for divorce on the ground of extreme cruelty. Defendant wife cross-complained for separate maintenance....
Views: 8
This is an appeal from a preliminary injunction ordering the California State Board of Pharmacy, the State Board of Public Health, the Director of Public Health, the Board of Medical Examiners of the State of California, the Police Department of the City and County of San Francisco, the Municipal Court of the City and County of San Francisco and the District Attorney of the City and County of San ...
Views: 5
85 Cal. App. 2d 38 (1948)
Estate of ANNA C. AVILA, Deceased. MARY AVILA, Appellant,
v.
MARIA F. SOUZA, Respondent.
Civ. No. 13676.
California Court of Appeals. First Dist., Div. Two.
Apr. 15, 1948.
Fred B. Hart for Appellant.
Weinmann, Rode, Burnhill & Moffitt and Donald K. Quayle for Respondent.
NOURSE, P. J.
This is a proceeding to interpret the provisions of a will reading: "Third: ...
Views: 1
This is an action seeking rescission, for alleged fraud, of a compromise agreement dated October 17, 1944, pursuant to which Myrtie M. Humbird and Carl L. Taylor conveyed to the heirs or devisees of Rex P. Taylor, deceased, certain real and personal property. Also, pursuant to said agreement, the appellant Delia Taylor, widow and sole heir at law of Rex P. Taylor, assigned to Myrtie M. Humbird and...
Views: 1
85 Cal.App.2d 44 (1948)
GILMAN G. RICE, Respondent,
v.
D. E. WATKINS, Appellant.
California Court of Appeals.
Apr. 15, 1948.
George H. Pratt for Appellant.
Hanna & Morton and James M. McRoberts for Respondent.
WOOD, J.
This is an action for dissolution of a partnership and for an accounting. Defendant denied that a partnership agreement had been made. The court, after orally announcing i...
Views: 5
85 Cal. App. 2d 54 (1948)
LORI, LTD., INCORPORATED et al., Appellants,
v.
E. E. WOLFE et al., Defendants; BEN HECHT et al., Respondents.
Civ. No. 15572.
California Court of Appeals. Second Dist., Div. Three.
Apr. 16, 1948.
A. Brigham Rose for Appellants.
Macfarlane, Schaefer & Haun, Henry Schaefer, Jr., and Benjamin J. Goodman for Respondents.
VALLEE, J. pro tem.
Plaintiffs sued defend...
Views: 7
This is an appeal from an order refusing to vacate a prior order or judgment of the superior court. John E. Wright is an individual who was doing business under the name of Central Business Bureau. At all material times Evelyn G. Hall was manager of Central Business Bureau. Central Business Bureau was a judgment creditor of Deer Creek Tungsten Mines, Blake Wilson, David Bushnell and William Morris...
Views: 0
85 Cal. App. 2d 71 (1948)
CARL F. ISAACSON et al., Appellants,
v.
G. D. ROBERTSON & CO., INC., et al., Respondents.
Civ. No. 16105.
California Court of Appeals. Second Dist., Div. One.
Apr. 19, 1948.
Ernest W. Pitney and Robert M. Newell for Appellants.
Chandler & Wright for Respondents.
WHITE, J.
Plaintiffs brought an action for specific performance of a contract for the sale of real esta...
Views: 2
85 Cal. App. 2d 77 (1948)
KENNETH N. PITT, Appellant,
v.
MABEL W. MALLALIEU, Respondent.
Civ. No. 16184.
California Court of Appeals. Second Dist., Div. Two.
Apr. 19, 1948.
Crawford & Browne for Appellant.
A. A. Rotberg for Respondent. *80
MOORE, P. J.
By this second amended complaint, herein referred to as the "complaint," plaintiff sought to enforce specific performance of his agreem...
Views: 9
Plaintiff, as administrator with the will annexed of the estate of George A. Clark, deceased, brought this action against defendant to secure a winding up of the business of a partnership which had existed between decedent and defendant, who were engaged in the printing and publishing business in Madera, publishing a newspaper known as the Madera Tribune.
George A. Clark died September 7, ...
Views: 4
85 Cal. App. 2d 96 (1948)
ANNA CLO SMITH et al., Appellants,
v.
SCHULER-KNOX COMPANY (a Corporation) et al., Respondents.
Civ. No. 7442.
California Court of Appeals. Third Dist.,
Apr. 19, 1948.
H. R. Whiting, Morgan V. Spicer and W. W. Sanderson for Appellants.
Carlton & Shadwell for Respondents.
THOMPSON, J.
The plaintiffs have appealed from a judgment which was rendered against them ...
Views: 0
85 Cal. App. 2d 104 (1948)
WILLIAM A. CALDWELL, Respondent,
v.
CARLOS H. HARVEY, Appellant.
Civ. No. 7488.
California Court of Appeals. Third Dist.
Apr. 19, 1948.
Thomas Marlor and Anthony Chargin for Appellant.
Maul, Hughes & Maul and Thomas Maul for Respondent.
ADAMS, P. J.
This is a motion filed in this court on December 8, 1947, to dismiss an appeal from a judgment which had been e...
Views: 2
The appeal in this action was taken from the following proceedings in the trial court:
1. A judgment entered in the action on December 23, 1946, in favor of the defendants and respondents and against the plaintiffs and appellants.
2. An order made on December 24, 1946, in which the court denied plaintiffs’ motion to fix bond on appeal.
3. An order made on the 24th day of December, 1946, in which t...
Views: 0
85 Cal.App.2d 112 (1948)
HENRY S. REID et al., Appellants,
v.
R. M. JOHNSON, Respondent.
Civ. No. 16211.
California Court of Appeals. Second Dist., Div. One.
Apr. 20, 1948.
Harold M. Davidson and Aubry Miller for Appellants.
Snyder, Fletcher & Glaister and Louis T. Fletcher for Respondent.
BARTLETT, J. pro tem.
This is an appeal by the plaintiffs in an action brought to gain possession of ...
Views: 7
85 Cal.App.2d 119 (1948)
ADOLPH STARK, Appellant,
v.
ROSE MINTZ et al., Respondents.
Civ. No. 16231.
California Court of Appeals. Second Dist., Div. One.
Apr. 20, 1948.
Elon G. Galusha for Appellant.
Norman A. Obrand for Respondents.
BARTLETT, J. pro tem.
The action is one to vacate a portion of a divorce decree rendered 14 years ago, insofar as that decree made disposition of certain real...
Views: 0
This is an appeal by plaintiff from a judgment on a jury verdict in favor of defendant in a personal injury action. The complaint charges that on July 26, 1946, defendant negligently drove an automobile into collision with plaintiff, a pedestrian, at the intersection of Highway 6 and Inyo Street, in Mojave, Kern County. Defendant denied generally the allegations and pleaded contributory negligence...
Views: 2
85 Cal. App. 2d 127 (1948)
THE PEOPLE, Respondent,
v.
FRED ARCIA, Appellant.
Crim. No. 710.
California Court of Appeals. Fourth Dist.
Apr. 20, 1948.
William F Reed for Appellant.
Fred N. Howser, Attorney General, and Henry A. Dietz, Deputy Attorney General, for Respondent.
BARNARD, P. J.
The defendant was charged with a violation of section 288 of the Penal Code. He was found guilty by a j...
Views: 10
85 Cal. App. 2d 130 (1948)
THE PEOPLE, Respondent,
v.
VERN STODDARD, Appellant.
Crim. No. 2502.
California Court of Appeals. First Dist., Div. One.
Apr. 21, 1948.
Lawrence A. Cowen for Appellant.
Fred N. Howser, Attorney General, and Benjamin B. Knight, Deputy Attorney General, for Respondent.
WARD, J.
This is an appeal from a judgment of conviction entitled "Forgery of Endorsement" with t...
Views: 16
85 Cal. App. 2d 140 (1948)
INNES FOOD EQUIPMENT COMPANY (a Corporation), Respondent,
v.
SANGUINETTI FRUIT COMPANY et al., Appellants.
Civ. No. 3712.
California Court of Appeals. Fourth Dist.
Apr. 21, 1948.
Calvin H. Conron, Jr., for Appellants.
Siemon, Maas & Siemon, Alfred Siemon, Walter L. Maas, Jr., and Bennett Siemon for Respondent.
GRIFFIN, J.
This is an appeal by defendants from ...
Views: 0
85 Cal. App. 2d 146 (1948)
HINCHMAN, ROLPH & LANDIS (a Copartnership), Respondent,
v.
IRA GOLDING et al., Appellants.
Civ. No. 13601.
California Court of Appeals. First Dist., Div. One.
Apr. 22, 1948.
Morris M. Grupp for Appellants.
A. Brooks Berlin and Alvin A. Lobree for Respondent.
WARD, J.
This is an appeal from a judgment ordering that plaintiff Hinchman, Rolph & Landis, a cop...
Views: 0
85 Cal.App.2d 151 (1948)
NELLIE SWALL WRIGHT et al., Petitioners,
v.
THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Respondents.
Civ. No. 13744.
California Court of Appeals. First Dist., Div. Two.
Apr. 22, 1948.
Earl C. Berger for Petitioners.
Jos. A. Brown and Harry Gottesfeld for Respondents.
DOOLING, J.
Petitioners herein both individually and as executrices of the l...
Views: 11
Plaintiff appeals from that portion of a decree of divorce granted defendant on her cross-complaint ordering him to pay $110 monthly for the support of the two minor children of the parties aged 3% and 5% respectively. *156 Viewing the evidence in the light most favorable to defendant (respondent) the essential facts are: Plaintiff is earning a minimum of $240 per month. In defendant’s cros...
Views: 9
85 Cal. App. 2d 157 (1948)
RUBEN E. CAPERTON, Respondent,
v.
BEN MAST et al., Appellants.
Civ. No. 7447.
California Court of Appeals. Third Dist.
Apr. 23, 1948.
Geary & Tauzer and A. Dal Thomson for Appellants.
J. A. Ratchford for Respondent.
SCHOTTKY, J. pro tem.
In a trial by the court without a jury, respondent recovered judgment for damages to his Ford automobile, his house trailer...
Views: 2
The defendant appeals from an order granting a preliminary injunction and from a judgment and decree containing a permanent injunction in a suit brought to stop unfair competition.
The plaintiff, Joe Milani, entered the taxicab business in San Rafael in 1925. In 1933, he took over a business in that city known as Yellow Cab Company. Later on his son Frank joined him as a partner. They operate six ...
Views: 0
85 Cal. App. 2d 168 (1948)
ALVIN E. OAKES et al., Respondents,
v.
W. E. BAKER, Appellant.
Civ. No. 7445.
California Court of Appeals. Third Dist.
Apr. 26, 1948.
Peters & Peters for Appellant.
Curtiss E. Wetter and Rawlins Coffman for Respondents. *169
ADAMS, P. J.
This action was prosecuted by Alvin E. Oakes and Lula E. Oakes, his wife, on their own behalf, and as guardians ad litem fo...
Views: 6
The questions presented for determination by this court are whether the evidence supports the findings of the commission (1) that applicant’s present mental condition resulted from her industrial injury; (2) that she was incompetent or insane when she signed a compromise and release agreement; and (3) that the employer, on or about July 1, 1944, failed to provide her with necessary medical treatme...
Views: 1
85 Cal. App. 2d 182 (1948)
THE PEOPLE, Respondent,
v.
THOMAS W. DANIELS et al., Appellants.
Crim. No. 2487.
California Court of Appeals. First Dist., Div. One.
Apr. 27, 1948.
Busick & Busick for Appellants.
Fred N. Howser, Attorney General, David K. Lener, Deputy Attorney General, Edmund G. Brown, District Attorney, and Norman Elkington, Assistant District Attorney for Respondent.
PETER...
Views: 13
85 Cal. App. 2d 202 (1948)
N. N. KHOURY, Appellant,
v.
FRANK F. BARHAM et al., as Executors, etc., Respondents.
Civ. No. 15984.
California Court of Appeals. Second Dist., Div. Three.
Apr. 27, 1948.
Harry G. Mabry, Raymond Tremaine and Jerry Giesler for Appellant.
A. G. Ritter for Respondents.
VALLEE, J. pro tem.
Appeal by plaintiff from a judgment for defendants in a suit in quasi- specifi...
Views: 10
Appeal by plaintiff from a judgment for defendants, The Atchison, Topeka & Santa Fe Railway Company (referred to as “Santa Fe”), and United States Gypsum Company (referred to as “Gypsum Company”), entered upon the granting of their respective motions for a judgment of nonsuit in an action for damages for personal injuries. Plaintiff has dismissed his appeal from the judgment in favor of the Santa ...
Views: 6
85 Cal. App. 2d 219 (1948)
In re FRED HALAMUDA, a Minor. ARTHUR A. FLAKOLL, as Chief Probation Officer, etc., Respondent,
v.
FRED HALAMUDA et al., Appellants.
Civ. No. 3654.
California Court of Appeals. Fourth Dist.
Apr. 27, 1948.
Charles E. Burch, Jr., for Appellants.
James Don Keller, District Attorney and Bertram McLess, Jr., Deputy District Attorney, for Respondent.
MARKS, J.
This is a...
Views: 19
In an information filed by the district attorney of Los Angeles County, defendant was charged with four counts of bigamy, a felony, and with prior convictions of felonies. Defendant admitted the three prior convictions, and on motion of the district attorney count 2 of the information was dismissed. The court sitting without a jury found defendant guilty of bigamy, as charged in counts 1, 3 and 4 ...
Views: 3
85 Cal. App. 2d 230 (1948)
JANET TOOKE, Respondent,
v.
GEORGE S. ALLEN, Appellant.
Civ. No. 16014.
California Court of Appeals. Second Dist., Div. Three.
Apr. 28, 1948.
Joseph D. Taylor and Paul Taylor for Appellant.
Frank C. Weller and Thomas S. Tobin for Respondent.
SHINN, Acting P. J.
On March 1, 1942, plaintiff was and for some six years had been a tenant in an apartment house in Los A...
Views: 9
85 Cal. App. 2d 240 (1948)
THE PEOPLE, Respondent,
v.
LEROY L. JOHNSON et al., Defendants; HENRY EWING, Appellant.
Crim. No. 4193.
California Court of Appeals. Second Dist., Div. Three.
Apr. 28, 1948.
Walter L. Gordon, Jr., for Appellant.
Fred N. Howser, Attorney General, and Henry A. Dietz, Deputy Attorney General, for Respondent.
SHINN, Acting P. J.
In a jury trial Leroy L. Johnson and H...
Views: 9
Respondent has moved the court to dismiss the appeal herein on the ground that the orders appealed from are not appealable. Simultaneously, appellant' presents its petition for a writ of supersedeas “staying all proceedings including the taking of an account of defendant’s books pending the final determination of the appeal.” The bases of the motion for dismissal are that the judgment is interlocu...
Views: 0
Respondent, on February 13, 1948, filed in this court a motion to dismiss the appeal taken by defendant from a judgment entered September 25, 1947. The certificate of the clerk of the trial court, which is relied upon in support of the Motion, shows that notice of appeal was filed November 20th, notice to prepare transcript filed December 1st, estimate of cost of preparing transcript given to cou...
Views: 1
The defendant was charged, under section 11500 of the Health and Safety Code, with the unlawful *254 possession of marijuana cigarettes. He pleaded guilty, and was sentenced to state prison. He subsequently claimed that he was induced to waive counsel and to plead guilty by the fraudulent representations of the narcotic officers that if he did so he would be imprisoned in the county jail, only,...
Views: 6
85 Cal. App. 2d 261 (1948)
THE PEOPLE, Respondent,
v.
T. G. THOMPSON, Appellant.
Crim. No. 2065.
California Court of Appeals. Third Dist.
Apr. 29, 1948.
Hardin Barry for Appellant.
Fred N. Howser, Attorney General, and Doris H. Maier, Deputy Attorney General, for Respondent.
ADAMS, P. J.
Appellant, who was a justice of the peace in Westwood Township in Lassen County, was charged in an indi...
Views: 4
The principal question involved in this appeal is whether the trial court abused its discretion in dismissing a personal injury action on the ground that plaintiff, in failing to bring the matter to trial within two years after action filed, did not exercise due diligence.
The history of the case follows: The complaint was filed June 10,1944. A demurrer thereafter filed was overruled, and ...
Views: 11
This is an appeal from a decree of partial distribution rendered in the estate of Lottie C. Rudman, deceased. Upon the hearing had in connection with the petition for partial distribution and the objections thereto, the parties stipulated as to all of the facts. From that stipulation we learn the following: The property ordered distributed by this decree consisted of cash derived from the sale ...
Views: 8
Defendants were owners of a 20-unit apartment court, consisting of five two-story apartment buildings in each of which there were four apartments—two on the ground floor and two on the second floor. Plaintiff was employed by defendants on January 15, 1945, as manager of the apartment court, and as such manager one of her duties was to clean the sidewalks on the premises. Her compensation as man...
Views: 11
85 Cal. App. 2d 284 (1948)
In re HAROLD LAMEY, on Habeas Corpus.
Crim. No. 2051.
California Court of Appeals. Third Dist.
Apr. 30, 1948.
Thos. J. Macbride for Petitioner.
Fred N. Howser, Attorney General, and Doris Maier, Deputy Attorney General, for Respondent.
ADAMS, P. J.
[1] Petitioner, in 1932, was charged in an information filed in Los Angeles County with two counts of robbery, and w...
Views: 14
This is an appeal by defendant from a judgment pursuant to a verdict of the jury finding him guilty of a violation of section 496bb of the Penal Code, and from an order denying his motion for a new trial. The second amended indictment under which the defendant was convicted specifically charged that on or about November 27, 1946, he “did wilfully, unlawfully, and feloniously conceal, withhold, ...
Views: 9
This is an action by four insurance companies to recover the amounts which they paid under their respective insurance policies to their assured, Aero Tool Company, on account of a fire which damaged the plant of the assured, and for which fire plaintiffs contend that defendant was responsible.
The complaint contains twelve counts, three on behalf of each plaintiff. For purposes of consider...
Views: 10
In an information filed by the District Attorney of Los Angeles County defendant was accused in count 1 of the offense of issuing a check without sufficient funds or credit, with intent to defraud (Pen. Code, §476a), and in count 2 he was charged with the crime of grand theft. Trial by jury was duly waived and the cause was submitted to the court on the transcript of the testimony adduced at the ...
Views: 6
Plaintiff appeals from a judgment, order denying a new trial and an order denying application of plaintiff to disqualify Honorable Warren Stockton, as judge of the Superior Court of Kern County.
Plaintiff now concedes that the latter two orders are not appealable and that the attempted appeal therefrom should be dismissed. (Code. Civ. Proc., §§ 936, 963.)
Count 1 of .the complaint all...
Views: 2
85 Cal.App.2d 335 (1948)
BERTHA B. SITKEI, Appellant,
v.
HELEN M. FRIMEL et al., Respondents.
Civ. No. 16217.
California Court of Appeals. Second Dist., Div. Two.
May 4, 1948.
Sprague & Sparks and Richard W. Sprague for Appellant.
Hahn, Ross & Goldstone and E. L. Saunders for Respondents.
WILSON, J.
Appeal from an order granting motion for new trial.
This is an action for partition of rea...
Views: 9
This appeal is from an order granting plaintiff’s motion to set aside an order dismissing the action and to restore the cause to the trial calendar. The action is to recover damages for alleged negligence and carelessness on the part of defendant in extracting one of plaintiff’s teeth. The complaint was filed on July 23, 1946. On August 15, defendant filed a demand requiring security for costs,...
Views: 0
85 Cal. App. 2d 348 (1948)
THE PEOPLE, Respondent,
v.
ROBERT CHELSEA PUTER, Appellant.
Crim. No. 4195.
California Court of Appeals. Second Dist., Div. Two.
May 4, 1948.
Robert Chelsea Puter, in pro. per., for Appellant.
Fred N. Howser, Attorney General, and James A. Doherty, Deputy Attorney General, for Respondent.
WILSON, J.
Appellant was charged in three informations with a total of elev...
Views: 10
85 Cal. App. 2d 352 (1948)
BRADFORD LYLE BROADWELL, a Minor, etc., et al., Appellants,
v.
CLAUDE L. RYERSON et al., Respondents.
Civ. No. 15910.
California Court of Appeals. Second Dist., Div. Three.
May 4, 1948.
Russell H. Pray, Wm. C. Price and Delmar W. Doddridge for Appellants.
Joseph A. Ball and Clarence S. Hunt for Respondents.
SHINN, Acting P. J.
This is an action brought by the gua...
Views: 1
Defendant was charged by the information with the crime of assault with a deadly weapon, a felony. Trial by jury was waived. Defendant having been convicted and sentenced to serve a term of six months in the county jail appeals from the judgment. Defendant concedes in his opening brief that the evidence in practically every particular is conflicting, that a judgment will not be disturbed if suppor...
Views: 0
85 Cal. App. 2d 361 (1948)
JOSEPH HOWARD, Appellant,
v.
THE STATE OF CALIFORNIA et al., Respondents.
Civ. No. 16049.
California Court of Appeals. Second Dist., Div. Three.
May 4, 1948.
William J. Clark and David Aaron for Appellant.
Fred N. Howser, Attorney General, Bayard Rhone, Deputy Attorney General, Harold W. Kennedy, County Counsel, Edward H. Gaylord, Deputy County Counsel, Ray L. Ches...
Views: 10
On April 3, 1947, plaintiff and respondent Marie Schletewitz, commenced an action for divorce against defendant and appellant Carl Schletewitz, aged 73, alleging extreme cruelty, and on that same day defendant was served with a copy of complaint and summons. He failed to appear, and on May 29, 1947, his default was entered and the action was tried as a default matter. On June 3, 1947, the interlo...
Views: 4
The admitted facts of this case are as follows: “The respondent Donald James Hitchcock, while a minor, was injured on June 11, 1941. He received medical treatment until the spring of 1943 and compensation from June 11, 1941, until February 13, 1942. He received an additional sum of $995.53 paid on an informal permanent disability rating dated August 4, 1943. The last foot apparatus was furnished t...
Views: 4
This is an action to recover on a claim based upon an alleged oral contract to make a will. The property left by the deceased was reduced to cash amounting to $50,827.61 and the plaintiff filed an amended claim in the estate for that amount, which was rejected. The plaintiff then brought this “Action to Impress a Trust, Specific Performance and on a Claim.” After the filing of a second amended co...
Views: 2
This is an action brought to recover the agreed purchase price of a crop of watermelons which plaintiffs allege were sold to defendants for $2,200 and for which defendants failed and refused to pay. Plaintiffs had judgment for $1,712.90, which is $2,200 less $487.10, the net amount received by plaintiffs for the sale of part of the melons after defendants had refused to harvest them. Plaintiffs...
Views: 2
This is an appeal from an order of the superior court denying appellant’s motion for a “writ of coram nobis.” The controversy grows out of a marriage and subsequent divorce. Chronologically the following facts appear: The petitioner married respondent, whose age at the time appears in the record to have been 17 years, on August 5, 1936; they separated on August 8, 1936; as issue of the marriage...
Views: 2
Plaintiff appeals from the judgment in an action in equity. The action is based on an alleged agreement between appellant and respondent which arose, as recited in appellant’s brief, from the following circumstances: “This action was instituted by the plaintiff and appellant under a suit in equity to establish an undivided one-half interest in certain real property belonging to the defendant and r...
Views: 1
85 Cal. App. 2d 407 (1948)
C. D. DORN et al., Appellants,
v.
ARTHUR F. GOETZ et al., Respondents.
Civ. No. 13722.
California Court of Appeals. First Dist., Div. One
May 11, 1948.
C. D. Dorn, in pro. per., for Appellants.
Hoffmann & Draper for Respondents.
BRAY, J.
Plaintiffs brought suit for declaratory relief, and particularly for a judgment to the effect that, by governmental regulat...
Views: 1
From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover damages for the breach of written contracts covering the lease of certain motor vehicle equipment, defendant appeals.
Disregarding conflicting evidence the record discloses that prior to 1942 plaintiff was engaged in the trucking business on a small scale, owning two trucks and trailer...
Views: 4
These appeals are from: (1) an order modifying the provisions of a final decree of divorce relating to the custody of children (2d Civ. No. 16140), (2) an order fixing the sum of $250 as the amount of plaintiff’s attorneys’ fees, costs, and expenses in opposing the order to show cause which initiated the above mentioned modification order (2d Civ. No. 16140), and (3) an order allowing plaintiff (...
Views: 14
Petitioner seeks to annul an order of the Industrial Accident Commission awarding compensation to an injured employee predicated upon the theory that the employee’s injury was proximately caused by the serious and wilful misconduct of the employer. The essential facts are these: On October 16, 1943, William Sharp, while employed as a shipwright by the California Shipbuilding Corporation, sustained...
Views: 2
Plaintiff, in this action against the beneficiaries and the executor under the will of her stepfather Herman Golles, seeks, by her first cause of action, to establish a trust as to one-half of the distributable estate, and, by her second cause of action, to quiet title to an undivided one-half of said distributable estate. Judgment was for defendants, and plaintiff appeals from the judgment. *...
Views: 13
This appeal is from a judgment entered after a hearing of an account current rendered by the guardian whereby the court disapproved portions of the account. After a hearing on the account first filed the court
*445
ordered an audit to be made, following which the guardian filed a supplemental and consolidated seventh account current with schedules attached. After several hearings a...
Views: 3
Appellant and two others, Boulad and Mathews, were jointly charged with (1) having in their possession and (2) having transported a preparation of heroin, in violation of section 11500 of the Health and Safety Code. Defendants pleaded not guilty and waived a jury trial. The court adjudged appellant guilty as charged in both counts. Appellant made a motion for a new trial which was denied. The a...
Views: 11
The widow of Joseph M. Atwell appeals from an order of the probate court fixing the inheritance tax upon his estate. Atwell died testate on September 30, 1945. His widow is the sole beneficiary named in his will. There is no dispute as to the facts.
The question for decision is whether the limited deduction allowable under the Inheritance Tax Law on account of the
*456
federal...
Views: 3
This is an appeal from a judgment quieting title to certain leasehold interests in land situated in the Athens-Roseerans oil field in Los Angeles County. On November 1, 1943, plaintiffs executed two similar community oil and gas 20-year leases with Shell Oil Company. The leases were in substance and effect the same, as one of them referred to and incorporated in it the material provisions of th...
Views: 0
85 Cal. App. 2d 473 (1948)
DAVID WALDER et al., Petitioners,
v.
INDUSTRIAL ACCIDENT COMMISSION and HORACE FISH, Respondents.
Civ. No. 16385.
California Court of Appeals. Second Dist., Div. Two.
May 14, 1948.
Wm. A. Wittman and Charles S. Buck for Petitioners.
T. Groezinger and John A. Rowe, Jr., for Respondents.
MOORE, P. J.
Petitioners seeks to annul an order of respondent commission dire...
Views: 0
Appeals are herein presented from three orders denying defendant’s motions to vacate and set aside a default judgment and to correct and modify said judgment.
In 1942, the respondent and appellant herein were ceremonially married in Nevada. Thereafter they lived together
*478
as husband and wife. On February 19, 1946, respondent filed a complaint in the superior court in San F...
Views: 8
Two appeals are here presented: one from a final decree of divorce entered on March 11, 1947, nunc pro tunc as of January 25,1925, in the action entitled Fred Gibson Armstrong v. Marie Hansen Armstrong; and the other from an order allowing temporary alimony, attorney’s fees and costs to defendant in the action entitled Fred G. Armstrong v. Mary S. Armstrong. Fred Gibson Armstrong marr...
Views: 3
The petitioner seeks by prohibition to restrain the trial of the issues raised by a cross-complaint filed in a suit pending in the respondent court. That suit, brought by petitioner against his wife, Theresa Lichtenstein, and Marin Title Guaranty Company for declaratory relief, arose out of the following situation: a dispute developed respecting a savings account of $9,000 or thereabouts, standing...
Views: 1
Petitioner herein was the workmen’s compensation insurance carrier for Northrop Aircraft, Incorporated, employer of respondent Blanche G. Wimmer at the time that she sustained an injury arising out of and in the course of her employment. The employee’s injury was incurred in July, 1943. In May of 1944, she filed an application for adjustment of claim, alleging that her injury was sustained in the ...
Views: 6
This is an appeal from a judgment of dismissal predicated upon the sustaining, without leave to amend, of a demurrer to plaintiff’s complaint by which it was sought to obtain an injunction restraining defendants from expending funds of the city of Los Angeles in conducting “police block *499 ades,” that is, blocking off designated areas of the city of Los Angeles and stopping all persons and au...
Views: 12
Della M. Nicholson, defendant and cross-complainant, appeals from an order denying her motion to vacate an interlocutory decree of divorce. The ground of the motion was that she was absent from the trial because she had been advised and believed that the court would grant a motion for continuance upon a showing that she was ill in Denver and had been advised by a physician not to make a trip to L...
Views: 8
On March 24, 1945, Marguerite Burns, Fritzi Ann Lalis and Olive V. Dunn, owned certain real property in the town of Atascadero, San Luis Obispo County, subject to a life estate in their father, John E. Doran. On that day they leased the premises for five years to John P. Sousa, to be used and occupied in carrying on a cafe, on-sale and off-sale liquor business which had theretofore been conducted ...
Views: 0
Defendant Bessie Owen appeals from orders sustaining without leave to amend the demurrer of plaintiff, Alice R. Kennedy, to defendant’s cross-complaint, striking out the cross-complaint and denying a motion of defendant and cross-complainant for an order bringing in as cross-defendants, William J. Knapp and Louise Allen Knapp. The complaint alleged that on March 15, 1946, one William J. Knapp w...
Views: 3
We have for consideration an appeal from a judgment of conviction by a jury upon an information charging defendant with a misdemeanor violation of section 192(3) (b) of the Penal Code, in that he did wilfully and unlawfully, and with gross negligence, commit an unlawful act in the operation of an automobile and thereby cause the deaths of Erie Ruud and Mrs. Eric Ruud. It is not claimed on the appe...
Views: 0
This is an appeal from a judgment for respondent after his general demurrer to appellant’s second amended complaint had been sustained and appellant had failed to amend within the 10 days allowed by the court.
The second amended complaint contained two causes of action. The first was against William K. and Jean J. Vernon to recover a real estate commission from them amounting to $7,125 for...
Views: 1
85 Cal. App. 2d 529 (1948)
COUNTY OF VENTURA et al., Respondents,
v.
SOUTHERN CALIFORNIA EDISON COMPANY (a Corporation), Appellant.
Civ. No. 15994.
California Court of Appeals. Second Dist., Div. Three.
May 18, 1948.
Gail C. Larkin, E. W. Cunningham and Sheridan, Orr, Bates & Barnes for Appellant.
M. Arthur Waite, District Attorney, and Donald D. Roff, Deputy District Attorney, for Respo...
Views: 6
Defendant was convicted, in a trial by jury, of murder in the second degree, of assault with a deadly weapon, and of assault with intent to commit murder. Three persons were victims of the crimes. The court sentenced defendant on each of the three counts to imprisonment in a state prison for the term prescribed by law, and directed that the sentences run consecutively. The defendant appeals from ...
Views: 12
The decree in this case quiets the title of the plaintiff, as administratrix of the estate of William Otto Emerson, to 400 shares of Pacific Gas and Electric Company stock and 12 shares of American Telephone and Telegraph Company stock, all valued at $14,289 as of the time of decedent’s death, and orders the defendant to deliver to the plaintiff the certificates evidencing the stock. At the sam...
Views: 4
This is an appeal from an order of the probate court settling the amended final account and decreeing final distribution of the estate of Mathilde Hampe, deceased.
The essential facts are these:
Mathilde Hampe died on December 17, 1945, leaving a will dated April 17, 1943, which contained among others the following provisions:
“Fourth. I give, devise and bequeath the following property or sums of ...
Views: 4
85 Cal. App. 2d 559 (1948)
AUSTIN H. MONTGOMERY et al., Appellants,
v.
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), Respondent.
Civ. No. 16285.
California Court of Appeals. Second Dist., Div. Two.
May 19, 1948.
Robert E. McGurl for Appellants.
Hugo A. Steinmeyer, G. L. Berrey and Geo. L. Beckwith for Respondent. *561
WILSON, J.
This is an action ...
Views: 3
Respondents move to dismiss this appeal on the ground that (1) the questions involved have become moot, and (2) appellant has accepted benefits under the judgment, has acquiesced in it, and is therefore estopped to appeal therefrom.
Chronology Here Involved
(1) On August 12, 1946, respondents (plaintiffs herein) filed an action (No. 518224) against appellant (defendant *566herein) and the Bank of ...
Views: 0
85 Cal. App. 2d 568 (1948)
HAMMOND LUMBER COMPANY (a Corporation), Appellant,
v.
THE BOARD OF SUPERVISORS OF HUMBOLDT COUNTY et al., Respondents.
Civ. No. 7479.
California Court of Appeals. Third Dist.
May 19, 1948.
Huber & Goodwin for Appellant.
Carl L. Christensen, Jr., and Emery F. Mitchell for Respondents.
PEEK, J.
This is an appeal from the judgment of the Superior Court of Humbol...
Views: 10
This is a proceeding in mandamus to compel respondent to sign certain Richmond Union High School District bonds in the principal sum. of $3,980,000. At an election held in the district on February 10, 1948, for the purpose of submitting the question of the authorization of these bonds to the voters the vote was 12,050 in favor of the issuance of the bonds and 1,613 against their issuance. The only...
Views: 0
In this action for damages for personal injuries alleged to be the result of defendant’s negligence and *575tried before a jury, a motion for nonsuit was granted; from the judgment that followed plaintiff appeals. It is contended on appeal that plaintiff “introduced sufficient evidence to make out a prima facie case,” hence, the court erred in granting defendant’s motion. The evidence introduced b...
Views: 0
The defendant, Jesus Toledo, was charged with the murder of one Andres Lopez, the crime being alleged to have occurred on February 23, 1947. A jury being waived, the matter was tried by the court upon a stipulation that the cause be submitted on the testimony presented at the preliminary examination, subject to the right to present other evidence. After reading the transcript of the preliminary e...
Views: 7
From a judgment in favor of plaintiff, after
trial before a jury, in an action to recover damages under the Federal Employers’ Liability Act [34 Stats. 65], 45 U.S.C.A. section 51, defendant appeals.
The record discloses the following pertinent facts:
On March 14, 1946, plaintiff was a brakeman employed by defendant and was injured while performing his duties on a lumber spur track at the Bridal V...
Views: 2
85 Cal. App. 2d 588 (1948)
Estate of GIORGIO NATALIE GIORDANO, Deceased. TOM C. CLARK, Attorney General of the United States, Appellant,
v.
ANNA MARIA FINO, Respondent.
Civ. No. 3596.
California Court of Appeals. Fourth Dist.
May 21, 1948.
David L. Bazelon, Assistant Attorney General, James M. Carter, United States Attorney, Clyde C. Downing, Assistant United States Attorney, M. S. Isenbergh,...
Views: 11
From a judgment awarding the minor plaintiff $1,500 for personal injuries sustained in an automobile collision, and awarding the parents of said minor $596.26 on account of medical care and attention for the minor and for repairs to their automobile, defendant prosecutes this appeal. Appellant’s sole contention is that the trial court erred in denying her motion for a nonsuit, because respondent B...
Views: 0
85 Cal. App. 2d 600 (1948)
MILO BARRY, Appellant,
v.
CONTRACTORS STATE LICENSE BOARD, Respondent.
Civ. No. 16044.
California Court of Appeals. Second Dist., Div. Three.
May 24, 1948.
Milo Barry, in pro. per., for Appellant.
Fred N. Howser, Attorney General, and Bayard Rhone, Deputy Attorney General, for Respondent.
SHINN, Acting P. J.
Petitioner brought this action against the Contractors ...
Views: 3
This is an appeal taken by the State of California from a final decree of distribution which distributed
*610
all of the residue of the estate of William Roberts, deceased, to a sister and. two nieces of decedent’s predeceased wife. There is no dispute about the facts. William Roberts died intestate, in January, 1945, leaving neither spouse nor issue. His estate consisted of proper...
Views: 15
85 Cal. App. 2d 617 (1948)
MILDRED ALLEN et al., Respondents,
v.
CLAYTON W. ROBINSON et al., Appellants.
Civ. No. 7457.
California Court of Appeals. Third Dist.
May 24, 1948.
Russell A. Harris for Appellants.
J. B. Freeman for Respondents.
ADAMS, P. J.
This is an appeal from a judgment entered after a jury verdict in favor of plaintiffs Mildred Allen and her 15-year-old daughter, June Alle...
Views: 7
85 Cal. App. 2d 623 (1948)
THE PEOPLE, Respondent,
v.
JOHN ARGUILIDA, Appellant.
Crim. No. 2059.
California Court of Appeals. Third Dist.
May 24, 1948.
Chas. H. Epperson for Appellant.
Fred N. Howser, Attorney General, and Doris Maier, Deputy Attorney General, for Respondent.
ADAMS, P. J.
In an information filed in San Joaquin County, Arguilida was charged with a violation of section *624 ...
Views: 11
This is an appeal from an order denying a motion to enter a final decree of divorce and dismissing the action for divorce. Plaintiff and defendant were married April 7, 1938. They separated about February 1, 1946. There were two children born to them. Plaintiff filed her action for divorce on February 25, 1946. Defendant made default. The interlocutory decree was rendered on March 15, 1946. I...
Views: 2
On February 25, 1946, Judge Twain Michelsen, who then and for some time prior thereto had been presiding over the traffic department of the Municipal Court of San Francisco, filed an affidavit and issued an order to show cause returnable before himself directing the 38 members of the Street and Highway Committee of the San Francisco Chamber of Commerce to show cause why they should not be punishe...
Views: 4
85 Cal. App. 2d 651 (1948)
ERNEST INGOLD, Appellant,
v.
THE MUNICIPAL COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent.
Civ. No. 13497.
California Court of Appeals. First Dist., Div. One.
May 25, 1948.
Henry J. Kleefisch for Appellant.
J. W. Ehrlich, James Martin MacInnis, Victor E. Cappa and Roy A. Sharff for Respondent. *652
PETERS, P. J.
This is a companion case to Turkington, ...
Views: 5
Defendants are the owners in fee of a certain portion of Lot 59, Rancho Santa Paula y Saticoy, in the county of Ventura. Their predecessors in interest had granted to the State of California “a right of way and incidents thereof” for a public highway upon and across a portion of said Lot 59. The area of the easement may be generally described as follows: it extends in a northeasterly and southw...
Views: 13
This is a companion case to that of Snook & Wells, Inc. v. Holmes et al., ante, p. 660 [193 P.2d 487], this day decided. After judgment was entered in that case the plaintiffs herein brought this action. The complaint alleged the general facts as to how the plaintiffs acquired an interest in the oil wells, which facts have been sufficiently summarized in the other case. It is then alleged that sin...
Views: 0
Plaintiff, while employed as a winch operator on the “Coastal Buccaneer,” slipped and fell and seriously injured his hip. He brought this action under the Jones Act (38 Stats. 1185; 46 U.S.C.A. § 688), alleging that the employer had failed to provide him with a safe place in which to work. The cause was tried before a jury, resulting in a $15,000 verdict. From the judgment entered on the verdict, ...
Views: 0
Minnie D. Hilker, widow of William Hilker, deceased, appeals from a judgment of nonsuit in a *681 contest initiated by her for revocation of the probate of her husband’s will. She charged undue influence of Roy E. Hilker in the making of the will, and alleged upon information and belief that the will was not subscribed by decedent or by anyone with his authorization. The latter ground of contes...
Views: 0
85 Cal. App. 2d 686 (1948)
THE PEOPLE, Respondent,
v.
WILLIAM JACK HOUSER, Appellant.
Crim. No. 589.
California Court of Appeals. Fourth Dist.
May 26, 1948.
Rae B. Carter and John T. Fuller for Appellant.
Fred N. Howser, Attorney General, and Wm. E. James, Deputy Attorney General, for Respondent.
GRIFFIN, J.
Defendant was charged in an information with three counts of felony, committed on ...
Views: 9
This is an appeal by defendant State Compensation Insurance Fund (hereinafter referred to as the Fund) from an order denying its motion for a change of venue from Los Angeles County to the city and county of San Francisco.
The complaint herein alleges that a “suit for damages for injuries due to negligence of plaintiffs was filed” by one *699Garcia, their employee, in which judgment was rendered i...
Views: 13
Defendant was charged in an information with the crime of murder following the shooting by him of Richard Carreon on August 24, 1946. He ’was tried twice. In the first trial the jury was deadlocked and the court declared a mistrial. The cause was reset and a new jury sworn which found defendant guilty of manslaughter, a lesser offense and one included in the crime of murder, as charged in the info...
Views: 6
The plaintiffs sued for $15,762.49 claimed to be owing for commissions, both earned and prospective, under a sales agency contract alleged to have been wrongfully terminated, also for an accounting as to unascertained commissions, and for declaratory relief. The answer denies the wrongful termination and pleads an accord and satisfaction. On the filing of the answer defendants moved for a summa...
Views: 2
This is an appeal from a judgment for defendant on the pleadings. The complaint is titled: “Complaint for Damages for breach of contract.” The first two paragraphs read as follows : “I. “That on the 24th day of January, 1935, plaintiff and defendant being then married to each other, entered into a property settlement agreement, a copy of which is hereto attached, made part of this complaint...
Views: 10
Defendants appeal from a judgment in favor of plaintiff, following the verdict of a jury, awarding plaintiff the sum of $6,000 for personal injuries.
The action arose as a result of a quarrel involving physical encounter between plaintiff and the defendant Robert Blanc, a cab driver for defendant Yellow Cab Company.
Plaintiff and his wife hired the Yellow Cab driven by defendant Rober...
Views: 0
This is an appeal by defendants from a judgment for personal injuries entered upon a verdict for plaintiff in the sum of $7,500. The injuries were sustained when plaintiff fell on the newly waxed linoleum floor of a hallway on the premises where she was employed.
At the time of her injury plaintiff was a posting clerk in the offices of the California Insurance Commissioner, a tenant of def...
Views: 17
The present appeal is concerned with the validity of a codicil executed by Elizabeth M. Johnson, deceased, the probate of which was set aside by the trial court on the ground of incompetency and undue influence. The salient facts of the case, as stated in the appellant’s brief, are as follows: “From 1902 until the death of George C. Johnson on April 26, 1932, ... E. A. Miller, whose widow and exec...
Views: 2
Defendant was convicted in a jury trial of violation of section 288 of the Penal Code, and he appeals from the judgment. Appellant’s contention that the evidence was insufficient to support the judgment is not sustainable. The alleged victim, a girl 11 years of age, testified that on April 27, 1947, about 11 a. m., she went with defendant, at his invitation, into an underground pumping station ...
Views: 11
85 Cal. App. 2d 772 (1948)
LOUISE CASTELLO et al., Appellants,
v.
CENTRAL EUREKA MINING COMPANY (a Corporation), Respondent.
Civ. No. 13589.
California Court of Appeals. First Dist., Div. Two.
June 2, 1948.
Samuel S. Stevens, Richard E. Guggenhime, Caspar W. Weinberger, Heller, Ehrman, White & McAuliffe and Henry Attias for Appellants.
Morrison, Hohfeld, Foerster, Shuman & Clark, J. ...
Views: 0
Trans-Oceanic Oil Corporation petitioned the Superior Court of San Barbara County for a writ of mandate to compel the city of Santa Barbara, and its mayor and the members of its city council to annul and rescind their action in revoking a permit for the drilling of an oil well within the city of Santa Barbara, previously issued to it, and to reinstate such permit. A trial was had before the cou...
Views: 13
85 Cal. App. 2d 798 (1948)
SADIE ANTHONY et al., Appellants,
v.
DON G. HOBBIE, Respondent.
Civ. No. 7390.
California Court of Appeals. Third Dist.
June 2, 1948.
J. Oscar Goldstein, P. M. Barceloux and Burton J. Goldstein for Appellants.
Rich, Weis, Carlin & Fuidge and Richard H. Fuidge for Respondent.
PEEK, J.
This is an appeal by plaintiffs from a judgment entered pursuant to a jury v...
Views: 6
Plaintiff filed a quiet title action against her son which was changed by amended complaint to an action praying for a decree that the legal title to certain property was held in trust for her use and benefit. The property was purchased from E. Cittrino on March 28, 1938, title being taken in the name of defendant Martin P. Langer. The complaint alleges ‘ ‘ That the entire consideration for the t...
Views: 2
Appellant sued for damages on account of injuries suffered by her as an invitee on the premises of respondent. As a separate and distinct defense respondent alleged its employment of appellant, her presence on its premises solely by reason of such employment, and “that exclusive jurisdiction lies with the Industrial Accident Commission.” Upon the submission of the cause upon such issue -the- co...
Views: 2
Respondent's petition for rehearing contends that our opinion leaves open the question as to whether in fixing an heir hunter’s fee in a guardianship proceeding it is proper for the trial judge to use a percentage. As pointed out in the main opinion, where there is no express contract, the right to a fee is based primarily upon a showing that the incompetent is a missing person, in the true sense,...
Views: 1
89 Cal.App.2d 1 (1948)
J. G. MOSER, Respondent,
v.
WESTERN HARNESS RACING ASSOCIATION (a Corporation), Appellant.
Civ. No. 16341.
California Court of Appeals. Second Dist., Div. Three.
Dec. 3, 1948.
Oliver B. Schwab and Arthur Livingston for Appellant.
Leonard Wilson and Arnold L. Leader for Respondent.
SHINN, P. J.
Plaintiff recovered a judgment against Western Harness Racing Association,...
Views: 11
This is an appeal from a judgment entered in favor of plaintiffs after a trial by jury in an action for personal injuries and property damage arising out of an automobile collision.
On October 16, 1946, at about 6 o’clock in the evening, plaintiff Ralph F. Osterode was driving plaintiff Charles Dawson’s 1930 Ford coupé on South Main Street near its intersection with Dyer Road in the city of Santa ...
Views: 3
89 Cal.App.2d 21 (1948)
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), Respondent,
v.
J. A. WILLIAMS, Appellant.
Civ. No. 13816.
California Court of Appeals. First Dist., Div. One.
Dec. 6, 1948.
Courtney L. Moore for Appellant.
Erskine, Erskine & Tulley, Morse Erskine and Geo. D. Schilling for Respondent.
PETERS, P. J.
This is an appeal by J. A...
Views: 2
89 Cal.App.2d 32 (1948)
CLAREMONT IMPROVEMENT CLUB, INCORPORATED (a Corporation) et al., Respondents,
v.
DEWITT A. BUCKINGHAM et al., Appellants.
Civ. No. 13802.
California Court of Appeals. First Dist., Div. Two.
Dec. 6, 1948.
Edises, Treuhaft & Condon, Bertram Edises and Geo. R. Vaughans for Appellants.
Hager, Crosby & Crosby and Pedder, Ferguson & Pedder for Respondents.
NOUR...
Views: 16
From a judgment in favor of defendants after trial before the court without a jury in an action for an accounting of an alleged partnership, plaintiffs appeal. There is also a purported appeal from the order denying plaintiff’s motion for a new trial.
*35Facts
Plaintiffs filed an action against defendants seeking to have a certain business declared a partnership and for an accounting. In the compl...
Views: 0
Appeal by defendant Fred R. Salter from a judgment for plaintiff, against said defendant only, in an action to recover the balance of the purchase price of street improvement bonds sold and delivered by plaintiff’s intestate, referred to as Baker, to Salter. Salter died after the entry of the judgment, and the administratrix of his estate was substituted in his place. In conformity with the allega...
Views: 0
H. H. Welsh, an attorney, aged 88 years, died on February 17, 1945. He left an estate valued in excess of $600,000. His will was dated July 21, 1944, and the codicil thereto was dated January 20, 1945. They were both duly admitted to probate. Pétitioners John K. Griffin and Frank L. Pettey qualified as executors, By the terms *45of the will decedent devised to the Regents of the University of Cali...
Views: 0
89 Cal.App.2d 55 (1948)
THE PEOPLE, Respondent,
v.
EDWARD HARMON, Appellant.
Crim. No. 2551.
California Court of Appeals. First Dist., Div. One.
Dec. 7, 1948.
Leslie C. Gillen and Francis C. Perry for Appellant.
Fred N. Howser, Attorney General, David K. Lener, Deputy Attorney General, and A. E. Bagshaw, District Attorney, for Respondent.
WARD, J.
Defendant was convicted of a felony--illeg...
Views: 18
89 Cal.App.2d 63 (1948)
HELEN S. SCHROEDER, Appellant,
v.
HOMER S. WILSON, Individually and as Executor, etc., Respondent.
Civ. Nos. 16611, 16612.
California Court of Appeals.
Dec. 7, 1948.
John J. Varni and W. W. Middlecoff for Appellant.
Robert J. Schmorleitz and Thomas W. Clarke for Respondent.
WILSON, J.
Plaintiff filed two actions in the superior court to quiet title, one to real proper...
Views: 4
89 Cal.App.2d 70 (1948)
RUBIE HILDE BURNS, Respondent,
v.
CALIFORNIA MILK TRANSPORT, INC. (a Corporation), Appellant.
Civ. No. 16388.
California Court of Appeals. Second Dist., Div. Three.
Dec. 7, 1948.
Hunter & Liljestrom for Appellant.
Joseph J. Goodman for Respondent.
SHINN, P. J.
In a jury trial plaintiff recovered judgment for injuries she had received in a collision between an automo...
Views: 11
Plaintiff filed two actions against defendant simultaneously, one for divorce, the other to quiet title to real property. The cases were tried at the same time and on the same evidence. Plaintiff recovered judgment in each case and defendant has appealed. The parties were married in March, 1940, and shortly thereafter opened a joint bank account into which both deposited funds. Property known as t...
Views: 0
89 Cal.App.2d 80 (1948)
DOROTHY LEE BEMIS, Appellant,
v.
KENNETH W. BEMIS, Respondent.
Civ. No. 16278.
California Court of Appeals. Second Dist., Div. Three.
Dec. 8, 1948.
Jerry Giesler, Robert A. Neeb, Jr., and Blase A. Bonpane for Appellant.
F. B. Fernhoff, Hugh B. Rotchford and Donn B. Downen, Jr., for Respondent.
SHINN, P. J.
Plaintiff, Dorothy Lee Bemis, and defendant, Kenneth W. Bemi...
Views: 14
89 Cal.App.2d 93 (1948)
PAUL J. COLLAS, Appellant,
v.
PASADENA CITY LINES, INC. (a Corporation) et al., Respondents.
Civ. No. 16345.
California Court of Appeals. Second Dist., Div. Three.
Dec. 8, 1948.
P. E. Cavaney for Appellant.
Hugh B. Rotchford, Chase, Rotchford, Downen & Chase and Richard T. Drukker for Respondents.
VALLEE, J.
Plaintiff appeals from a judgment entered upon the ver...
Views: 0
89 Cal.App.2d 98 (1948)
EDITH GARRETT, Respondent,
v.
C. W. COOK et al., Appellants.
Civ. No. 7519.
California Court of Appeals. Third Dist.
Dec. 8, 1948.
Floyd Merrill and Whitten Swafford for Appellants.
Buffum & Postlethwaite and E. S. Mitchell for Respondent.
THOMPSON, J.
Defendants and cross-complainants have appealed from a judgment quieting title in plaintiff to 640 acres of land in...
Views: 11
89 Cal.App.2d 105 (1948)
TIGHE E. WOODS, as Housing Expediter, etc., Respondent,
v.
AGNES CORSEY et al., Appellants.
Civ. No. 16370.
California Court of Appeals. Second Dist., Div. Three.
Dec. 9, 1948.
Hiram T. Kellogg for Appellants.
Abe I. Levy, Stephen D. Monahan, Frank L. Hirst and Benjamin Chapman for Respondent.
SHINN, P. J.
Pursuant to the provisions of section 205e of the Emergency...
Views: 4
This is a motion by defendant, under rule 10 of Rules on Appeal, to dismiss the appeal for failure of the plaintiff to file the transcript on appeal within the time allowed, and a countermotion by appellant to be relieved from default on account of failure of the court reporter and court officers to perform their duties with respect to the *116settlement of the transcript to which the defendant ha...
Views: 8
This is a motion to dismiss plaintiff’s appeal from a judgment which was entered on September 8, 1947, and from the order denying plaintiff’s motion for a new trial filed on November 10, 1947. The motion is predicated on rules 4(d) and 10(a) of Rules on Appeal, and is supported by the affidavit of one of the attorneys for respondent together with the certificate of the clerk of the superior court ...
Views: 0
89 Cal.App.2d 123 (1948)
SALLY BLANCHE BUSWELL et al., Respondents,
v.
CITY AND COUNTY OF SAN FRANCISCO, Appellant.
Civ. No. 13855.
California Court of Appeals. First Dist., Div. One.
Dec. 10, 1948.
John J. O'Toole, City Attorney, Edmond P. Bergerot and Geo. E. Baglin, Deputy City Attorneys, for Appellant.
Ingemar E. Hoberg and Hoberg & Finger for Respondents.
BRAY, J.
Appeal by defend...
Views: 11
Plaintiffs, who are nieces of John E. Tersip, deceased, sought by their amended complaint to set aside and cancel a deed by which he purportedly conveyed certain property to defendant Evelyn (Jeanne) Tersip and William J. Tersip, as joint tenants. Plaintiffs alleged that John E. Tersip, at the time of the alleged execution of the deed, was under the influence of drugs; and that the deed was false,...
Views: 0
This is an appeal by plaintiff and cross-defendant, Roseoe Fowler, from a judgment ordering him to vacate a residential property which he had conveyed to defendant and cross-complainant, William A. Case, pursuant to the terms of a written agreement, and also denying Fowler damages claimed by reason of an alleged breach of the agreement by Case.
Fowler Engineering Works, hereinafter referred to as ...
Views: 4
89 Cal.App.2d 147 (1948)
JAKE STOKES et al., Respondents,
v.
WILLIAM A. NEWSOM et al., Appellants.
Civ. No. 7490.
California Court of Appeals. Third Dist.
Dec. 10, 1948.
James W. Harvey and Elmer C. Mower for Appellants.
Griffin & Cardozo for Respondents.
PEEK, J.
This is an appeal by the defendant Newsom from an order denying his motion for a change of venue from Stanislaus County to the ...
Views: 1
Defendant was convicted on three and acquitted on one of the four counts of an information charging him with the violation of section 288 of the Penal Code, From our examination of the record it appears that the trial court properly denied his motion for a new trial and that the judgment of conviction should be affirmed. Two contentions are made by defendant, (1) that the trial court abused its di...
Views: 17
This action involves the possession and ownership of four buildings located on the Fullerton Municipal Airport, which are personal property. *155In November, 1939, Mrs. Blazier obtained a bill of sale to two of these buildings from one James. James’ connection with the buildings in no way appears, and there is no evidence that he had any interest or title which he could convey. At that time Colboc...
Views: 0
89 Cal.App.2d 158 (1948)
THE PEOPLE, Respondent,
v.
MURIEL W. TALLENT, Appellant.
Crim. No. 662.
California Court of Appeals. Fourth Dist.
Dec. 13, 1948.
Raymond E. Hodge for Appellant.
Fred N. Howser, Attorney General, and Dan Kaufmann, Deputy Attorney General, for Respondent. *159
BARNARD, P. J.
The appellant and one Dover were jointly charged with the crime of robbery in that on Februar...
Views: 5
89 Cal.App.2d 162 (1948)
KATHRYN DAVID, Respondent,
v.
LOUIS WARREN GOODMAN, Appellant.
Civ. No. 13521.
California Court of Appeals. First Dist., Div. Two.
Dec. 14, 1948.
J. W. Ehrlich, Roy A. Sharff and John Shortridge for Appellant.
John L. McNab, Robert W. Scott and Raymond B. Haizlip for Respondent.
NOURSE, P. J.
Plaintiff brought her action for the rescission or annulment of a partner...
Views: 7
89 Cal.App.2d 171 (1948)
WALTER HUPFELD, Respondent,
v.
MAL WADLEY et al., Defendants; W. A. STRONG, JR., Appellant.
Civ. No. 16484.
California Court of Appeals. Second Dist., Div. Two.
Dec. 14, 1948.
W. A. Strong for Appellant.
Charles T. Lester and Ralph C. Curren for Respondent.
MOORE, P. J.
Appeal from a judgment in favor of plaintiff for damages resulting from personal injuries.
In N...
Views: 5
89 Cal.App.2d 177 (1948)
MIKE S. LANDFIELD et al., Appellants,
v.
CHARLES EDWARD COHEN et al., Respondents.
Civ. No. 16607.
California Court of Appeals. Second Dist., Div. Two.
Dec. 14, 1948.
Harold D. Geffen for Appellants.
Marvin Wellins for Respondents.
MOORE, P. J.
Having been denied recovery of $4,000 theretofore paid as part of $156,000--the purchase price of certain real property--a...
Views: 5
89 Cal.App.2d 181 (1948)
THE PEOPLE, Respondent,
v.
WALTER JACKSON, Appellant.
Crim. No. 597.
California Court of Appeals. Fourth Dist.
Dec. 15, 1948.
J. M. Lopes for Appellant.
Fred N. Howser, Attorney General, and Dan Kaufmann, Deputy Attorney General, for Respondent. *182
MUSSELL, J.
Defendant appeals from a judgment of conviction of grand theft on a plea of guilty, and from the order d...
Views: 20
89 Cal.App.2d 183 (1948)
CHIN OTT WONG et al., Respondents,
v.
TITLE INSURANCE AND TRUST COMPANY (a Corporation) et al., Appellants.
Civ. No. 16494.
California Court of Appeals. Second Dist., Div. One.
Dec. 16, 1948.
Anthony H. Mauer, Arch H. Vernon, Earl E. Johnson and Gilbert E. Harris for Appellants.
Harry M. Irwin for Respondents.
DORAN, J.
This is an appeal from the judgment.
The act...
Views: 7
Plaintiff and appellant brought this action for $13,830.60, based upon three separate counts for a claimed balance due for leveling and grading certain land consisting of 200 acres near Indio which belonged to defendant and respondent Nussbaum.
The first count is based upon a certain pleaded contract. The second and third counts are based upon the reasonable value of services performed and upon an...
Views: 0
89 Cal.App.2d 194 (1948)
MADGE ROCKS et al., Plaintiffs and Respondents,
v.
LOUIS HAMBURGER et al., Defendants and Respondents; EDWARD W. JONES et al., Cross-complainants and Appellants; BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Cross-defendant and Respondent.
Civ. No. 3864.
California Court of Appeals. Fourth Dist.
Dec. 16, 1948.
Vernon P. Spencer and Philip H. Harris for Cross...
Views: 0
89 Cal.App.2d 199 (1948)
ELVIRA E. FORD, Appellant,
v.
CAREW & ENGLISH (a Corporation) et al., Respondents.
Civ. No. 13734.
California Court of Appeals. First Dist., Div. One.
Dec. 17, 1948.
Melvin M. Belli for Appellant.
Daniel J. O'Brien and Bronson, Bronson & McKinnon for Respondents.
BRAY, J.
Appeal by plaintiff in a personal injury case from a judgment after verdict in favor of defend...
Views: 9
There is before us for consideration an appeal by Erna Bruce from a judgment of divorce granted to George Bruce upon his cross-complaint. Plaintiff, a musician, was married to defendant, a writer of screen plays, on June 11, 1944, and she" separated from him July 30, 1945. By their pleadings each accused the other of extreme cruelty. After a trial in which some 40 witnesses gave testimony covering...
Views: 0
89 Cal.App.2d 214 (1948)
MORRIS FLENNAUGH, Plaintiff and Appellant,
v.
T. J. HEINRICH, Defendant and Appellant.
Civ. No. 7515.
California Court of Appeals. Third Dist.
Dec. 17, 1948.
Porter & Ragland and Everette M. Porter for Plaintiff and Appellant.
Preston, Braucht & George and Howard C. George for Defendant and Appellant. *216
THOMPSON, J.
This is a suit for conversion of two trucks an...
Views: 8
89 Cal.App.2d 224 (1948)
JENNIE HELBING, an Incompetent Person, etc., Appellant,
v.
HAROLD HELBING et al., Respondents.
Civ. No. 13817.
California Court of Appeals. First Dist., Div. Two.
Dec. 20, 1948.
Joseph A. Brown for Appellant.
Sherman & Peters for Respondents.
DOOLING, J.
Plaintiff Jennie Helbing is the mother of defendant Harold Helbing and defendant Neva Helbing is Harold's wife. ...
Views: 9
Action for divorce. Defendant answered, and also filed a cross-complaint alleging that plaintiff was not a fit person to have the custody of their 3-year-old child. Plaintiff answered the cross-complaint and denied the allegation that she was not a fit person to have custody of the child. When the case came on for trial on June 26, 1946, a written stipulation of the parties was filed and it provi...
Views: 7
Plaintiff (cross-defendant) appeals from an order denying her motion, under section 473 of the Code of Civil Procedure, to set aside an interlocutory decree of divorce granted to cross-complainant. Her notice of appeal also states that she appeals from a ruling denying her motion to set aside a stipulation and a default. The record does not show that there was a ruling denying a motion to set asid...
Views: 0
89 Cal.App.2d 243 (1948)
MARGARET TOMKINS, Respondent,
v.
RAYMOND M. TOMKINS, Appellant.
Civ. No. 16409.
California Court of Appeals. Second Dist., Div. Three.
Dec. 20, 1948.
Archie McWilliam and Henry F. Walker for Appellant.
Randles & Randles for Respondent.
VALLEE, J.
Appeal by defendant from a judgment for plaintiff establishing an order of the Superior Court of Cook County, Illino...
Views: 8
Defendant appeals from an order denying his motion to set aside an order striking cost bill on appeal and to allow cost bill to be refilled. Defendant filed and served his memorandum of costs on appeal 45 days after the time prescribed by section 1034 of the Code of Civil Procedure, and the sole question here involved is whether the court abused its discretion in denying his motion for relief unde...
Views: 2
89 Cal.App.2d 256 (1948)
A. L. JUDELSON, Respondent,
v.
AMERICAN METAL BEARING CO. (a Corporation), Appellant.
Civ. No. 16400.
California Court of Appeals. Second Dist., Div. Three.
Dec. 21, 1948.
John Moore Robinson and Robert M. Himrod for Appellant.
Bertram H. Ross for Respondent.
VALLEE, J.
Appeal from a judgment for plaintiff against American Metal Bearing Co. of Texas, a corporation,...
Views: 14
Appellant San Diego Electric Railway Company is a corporation engaged in the transportation of passengers by streetcar and by bus in the city of San Diego. Five of its bus lines extend for short distances beyond the incorporated limits of the city. The State Board of Equalization, hereinafter referred to as the board, imposed motor vehicle transportation license taxes upon the total fares paid by ...
Views: 0
Plaintiff appeals from the judgment entered upon a verdict in favor of defendants, in this action for *273damages for wrongful death of plaintiff’s husband, who died as a result of being struck by an automobile driven by defendant Pratt and by an automobile driven by defendant Fluhrer. She also appeals from an order denying her motion for a new trial. The appeal has been dismissed, upon stipulatio...
Views: 0
89 Cal.App.2d 278 (1948)
ROBERT WECK et al., Respondents,
v.
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT et al., Appellants.
Civ. No. 16424.
California Court of Appeals. Second Dist., Div. Three.
Dec. 22, 1948.
C. W. Cornell and Randolph Karr for Appellants.
B. J. Bradner, William L. Murphey and Stewart, Shaw & Murphey for Respondents.
SHINN, P. J.
This is an appeal by Southern Pacific Compa...
Views: 1
89 Cal.App.2d 284 (1948)
OTTO GEORGE LASKE, Respondent,
v.
LEO LAMPASONA et al., Appellants.
Civ. No. 16432.
California Court of Appeals. Second Dist., Div. Three.
Dec. 22, 1948.
Rinehart, Merriam, Parker & Berg for Appellants.
Joseph A. Sprankle, Jr., for Respondent.
SHINN, P. J.
The appeal is from a judgment in an action for specific performance instituted by the vendor under an agreemen...
Views: 3
89 Cal.App.2d 292 (1948)
MURRELL C. TRAVIS, Appellant,
v.
MARJORIE T. TRAVIS, Respondent.
Civ. No. 16434.
California Court of Appeals. Second Dist., Div. Three.
Dec. 22, 1948.
Walley & Davis for Appellant.
Marion P. Betty for Respondent.
VALLEE, J.
Plaintiff commenced this action in equity on September 22, 1947, to vacate and set aside an interlocutory decree of divorce theretofore granted...
Views: 5
89 Cal.App.2d 296 (1948)
M. M. MILSTEIN, Respondent,
v.
FRED TURNER, Appellant.
Civ. No. 16663.
California Court of Appeals. Second Dist., Div. One.
Dec. 23, 1948.
Walter Gould Lincoln for Appellant.
Joe Wapner for Respondent.
DORAN, J.
The present appeal is from a judgment quieting title in the plaintiff to certain lands in Los Angeles County. The plaintiff Milstein relied on a sheriff's ...
Views: 6
89 Cal.App.2d 300 (1948)
HANDIA E. ADAMS, Appellant,
v.
GRETCHEN M. HEINSCH, Respondent.
Civ. No. 16678.
California Court of Appeals. Second Dist., Div. One.
Dec. 23, 1948.
Alfred F. MacDonald for Appellant.
Gretchen M. Heinsch, in pro. per., for Respondent.
DORAN, J.
According to the findings of fact of the trial court, "Plaintiff, as the new owner of a lot with a 12 room house thereon, a...
Views: 2
The appeals herein involve two actions. In one the defendant pleaded guilty to the information alleging the offense of burglary. In the other the defendant was charged in two counts with “grand theft from the person” and, following a trial by the court was adjudged guilty as charged. Following the plea of guilty to burglary a request to file an application for probation was granted; such permissio...
Views: 0
89 Cal.App.2d 307 (1948)
OLAF WESTMAN et al., Appellants,
v.
CLIFTON'S BROOKDALE, INC. (a Corporation), Respondent.
Civ. No. 16403.
California Court of Appeals. Second Dist., Div. Three.
Dec. 23, 1948.
William K. Young and David Lynn for Appellants.
Sidney A. Moss and Henry F. Walker for Respondent.
VALLEE, J.
In an action to recover damages for personal injuries, plaintiffs appeal from a ...
Views: 10
89 Cal.App.2d 315 (1948)
ROY F. SHEAN, Appellant,
v.
HENRY W. EDMONDS et al., Respondents.
California Court of Appeals.
Dec. 24, 1948.
Crist & Stafford for Appellant.
Gilbert D. Ferrell, District Attorney, A. S. Whitmore, Chief Deputy District Attorney, and Hoffman & Draper for Respondents. *316
WARD, J.
Plaintiff, on behalf of himself and all other taxpayers of San Mateo County, app...
Views: 2
89 Cal.App.2d 326 (1948)
ARTHUR S. CARRUTHERS, Respondent,
v.
CROWN PRODUCTS COMPANY et al., Appellants.
Civ. No. 16487.
California Court of Appeals. Second Dist., Div. Three.
Dec. 24, 1948.
Harry J. Miller for Appellants.
A. J. O'Connor and George J. Hider for Respondent.
VALLEE, J.
Appeal from an order changing the place of trial of the action from the county of Los Angeles to the county...
Views: 3
Hermann Fridrich Sahlender died testate in August of 1945, leaving an estate that has been inventoried at $129,159.17. He left surviving him as his heir at law the respondent, his daughter. His will was executed in September, 1940, and is a lawyer-drafted document. Respondent, when the will was executed, and at the present time, is a childless widow. In 1940, she was 50 years of age. The will devi...
Views: 0
89 Cal.App.2d 356 (1948)
VIOLA THOMPSON, Respondent,
v.
M. SUE HICKMAN, as Executrix, etc., Appellant.
Civ. No. 13903.
California Court of Appeals. First Dist., Div. One.
Dec. 27, 1948.
Bohnett, Hill, Cottrell & Bohnett and Maurice J. Rankin for Appellant.
A. Andreuccetti and John H. Machado for Respondent.
BRAY, J.
Appeal by defendant from a judgment after verdict for $14,205.50 on a ...
Views: 14
Page 1043
89 Cal.App.2d 370 (1948)
LUCILE McNEIL et al., Respondents,
v.
DOROTHY DAYTON DOW, as Administratrix, etc., Appellant.
Civ. No. 16521.
California Court of Appeals. Second Dist., Div. One.
Dec. 28, 1948.
Allan L. Leonard and Henry F. Walker for Appellant.
W. L. Pollard for Respondents.
YORK, P. J.
This is an appeal by the defendant, as administratrix of the estate of Alice Maud Dayton, dece...
Views: 0
Plaintiff and cross-defendant has appealed from a judgment of the superior court refusing to quiet his title to real property against the lien of a street improvement bond held by defendant and decreeing foreclosure of such bond on defendant’s cross-complaint.
The undisputed facts are that plaintiff holds fee title to the real property in question, which title he acquired as a “bona fide p...
Views: 9
Plaintiff has appealed from a judgment of dismissal entered after a demurrer to her amended complaint was sustained without leave to amend.
The action was commenced August 13, 1947. Plaintiff alleged that she and defendant were married in 1940; that in April, 1943, plaintiff brought an action for separate maintenance, in which action an answer was filed by the defendant, a trial of the issues was ...
Views: 0
Two actions for wrongful death and one for personal injuries arising from the same accident were consolidated and tried together to a jury. Verdicts were rendered in favor of defendants in each case. From the judgments following the verdicts plaintiffs have appealed.
The accident occurred shortly after 3 o’clock in the morning of June 19, 1945, where a single track railroad operated by defendant r...
Views: 10
89 Cal.App.2d 419 (1948)
NORMAN SMITH, Respondent,
v.
MORTON J. DEUTSCH et al., Defendants; WAR VETERANS TAXICAB ASSOCIATION, INC. (a Corporation), Appellant.
Civ. No. 16516.
California Court of Appeals. Second Dist., Div. Two.
Dec. 29, 1948.
Syril S. Tipton and Patrick H. Ford for Appellant.
Fink, Rolston, Levinthal & Kent for Respondent.
WILSON, J.
Plaintiff was injured in a collision wh...
Views: 5
This is an action to rescind an agreement to sublease certain premises, and to recover the consideration paid. The plaintiff alleged, and the court found, that plaintiff had entered into the agreement as the result of fraudulent misrepresentations on the part of defendant and his agent. Judgment was entered in favor of plaintiff, and defendant appeals from the judgment.
Appellant contends that the...
Views: 11
89 Cal.App.2d 439 (1948)
JOHN H. BRISCOE et al., Respondents,
v.
PACIFIC ELECTRIC RAILWAY COMPANY (a Corporation), Appellant.
Civ. No. 16453.
California Court of Appeals. Second Dist., Div. Three.
Dec. 29, 1948.
C. W. Cornell, O. O. Collins, Malcolm Archbald and John H. Gordon for Appellant.
Button, Herzog & Butts for Respondents.
VALLEE, J.
Appeal by defendant from two judgments enter...
Views: 9
Page 1050
Frank Cortez Kiles, the father of the minor, Christine Joyce Kiles, murdered the mother of the minor on December 2, 1945, and he is in the penitentiary serving a life sentence. A few days after the death of the mother,' the maternal grandfather of the minor, Edward Soutar, placed the child, who was then 18 months old, in the home of Dalton Carl Gann and Helen Hughes Gann, husband and wife, non-rel...
Views: 5
The three above-entitled actions were consolidated for tial. Plaintiff in each action recovered judgment from which defendant appeals. As. pointed out by appellant, “The question of law, on which the appeals are predicated, is the same in each action so the cases are consolidated in appeal. ’ ’ Appellant recites the facts as follows: 11 "On November 27,1946, the defendant Robert Paul Beaver-s...
Views: 0
89 Cal.App.2d 453 (1948)
GEORGE R. LEWIS et al., Respondents,
v.
McWHIRTER PETROLEUM COMPANY et al., Appellants.
Civ. No. 16435.
California Court of Appeals. Second Dist., Div. Three.
Dec. 30, 1948.
Monta W. Shirley and Orris R. Hedges for Appellants.
Hampton Hutton for Respondents.
SHINN, P. J.
McWhirter Petroleum Company and Van McWhirter, hereinafter referred to as defendant, appeal fro...
Views: 0
Plaintiff and defendant intermarried December 15, 1946, and separated in April, 1947. In her complaint for divorce plaintiff alleged that defendant was the owner of an automobile standing in his name, and that she, plaintiff, was the owner, as her separate property, of Lot 45, Tract 1189, in the city of Los Angeles, and the household furniture located therein. She accused defendant of cruelty, an...
Views: 7
Appeal by defendant Mrs. J. Kaufman, also known as Mrs. M. Kaufman, from a judgment for plaintiff against defendants Edward J. Kaufman and Mrs. J. Kaufman in an action on a promissory note. The complaint alleged that on May 29,1945, defendants executed to plaintiff a promissory note in the sum of $3,000, that defendants have not paid any part of the note except $800. Appellant answered, denying th...
Views: 4
89 Cal.App.2d 467 (1948)
THE PEOPLE, Respondent,
v.
HARROLD FORD, Appellant.
Crim. No. 4260.
California Court of Appeals. Second Dist. Div. Three.
Dec. 30, 1948.
Morris Lavine for Appellant.
Fred N. Howser, Attorney General, and Howard S. Goldin, Deputy Attorney General, for Respondent.
SHINN, P. J.
Defendant was accused of grand theft and was convicted in a jury trial of taking a small pu...
Views: 21
This is an action by plaintiff and appellant to recover damages for the wrongful death of his son who sustained fatal injuries while operating a tractor, owned by the defendant and respondent, upon farm land leased by the *475 plaintiff from the defendant. The complaint alleges that the injuries were the proximate result of a latent defect in the tractor known to the defendant but unknown to th...
Views: 12
This is a proceeding to contest the last will of decedent, Odette Gray, who declared in her will that 22 years previously her husband had deserted her and their son, then 8 months of age, and that she had not heard from him in any manner thereafter. A petition for the probate of the will was filed by the executor in 1944. Upon a hearing the petition was denied for the reason, as found by the co...
Views: 0
Respondent, William J. Steidl, claiming a one-fourteenth interest in the estate of John Steidl, deceased,
*489
filed a petition for a decree determining interests in that estate. To this petition appellants filed their statement of claim of interest and this appeal is from a decree determining that appellants had no interest in the estate and were not entitled to participate in the...
Views: 4
89 Cal.App.2d 496 (1948)
Estate of LAURA G. BROWN, Deceased. ESTHER B. BROWN as Executrix, etc., Respondent,
v.
ARTIE GEORGE COLLINS et al., Appellants.
Civ. No. 16547.
California Court of Appeals. Second Dist., Div. Three.
Dec. 31, 1948.
H. L. Richardson for Appellants.
Newby, Holder & Newby for Respondent.
SHINN, P. J.
Two wills of Laura G. Brown were offered for probate, one a holograph...
Views: 4
Defendants Baker and Novak were convicted, in a jury trial, of robbery in the first degree. Each defendant admitted the allegations of the information that he had been twice convicted of felonies. Each one appeals from the judgment against him and from the order denying his motion for a new trial. Defendant Novak has not filed a brief. Defendant Baker will be referred to as the appellant. Appellan...
Views: 2
This appeal is taken from a judgment on the verdict for the plaintiff awarding damages for injuries sustained in a collision between plaintiff’s motorcycle and defendant’s automobile. The accident occurred at the junction between Peabody Road and Highway 4 at a point where the highway and Peabody Road are mutually an extension of each other in a straight line, and Highway 4 curves slowly in a n...
Views: 6
The instant action is one for damages for wrongful death brought by the father of decedent, a minor. In his complaint, plaintiff named as defendants Dan H. Moorehead and Jane Moorehead, individually and as copartners doing business as Dan Moorehead Construction Company, their employee, James Parrish; the Airline Bus Company, its employees, and several fictitious defendants. Plaintiff alleged th...
Views: 2
The plaintiff and appellant sued as assignee and “on behalf of” a number of depositors in the Pacific States Savings and Loan Company. A list of the various assignors and the amount of their claims was attached as an exhibit and made a part of the complaint.
The actions were consolidated for the purposes of the demurrer, and are treated together throughout.
The complaint is framed in ...
Views: 8
Page 1064
The petitioners herein allege that the quarantine order of the San Joaquin Local Health District by which they are imprisoned and restrained without bail is illegal in that (1) the county health officer does not have reasonable cause to believe that either of them is infected with any of the diseases specified in sections 2554 and 2571 of the Health and Safety Code, and therefore there is no justi...
Views: 0
This is an action to determine the common boundary between two lode mining claims in Riverside County. On November 20, 1934, the plaintiffs located the “Southern Cross No. 4” mining claim on unsurveyed government land. It extended 1,500 feet northerly and southerly and 600 feet in width, being 300 feet on each side of the lode line containing the point of discovery. On December 15, 1934, the plain...
Views: 1
Plaintiffs, husband and wife, sought damages for breach of contract to convey real property. In a trial without a jury, judgment was for defendant and plaintiffs appeal therefrom.
The defendant employed a real estate broker to sell her house and lot. On October 8, 1945, the plaintiffs, and a saleslady who was employed by the broker went to the home of defendant, inspected it and then left....
Views: 1
Appeal from a judgment enjoining defendant from engaging in unfair trade practices.
Plaintiff or its predecessor for more than 23 years has been engaged in a unique business in Los Angeles. According to the evidence, it is now and during the years has been the only concern engaged in a similar business in Los Angeles. The business consists in procuring, digesting and analyzing information ...
Views: 12
This is an appeal from an order granting a new trial in favor of plaintiff in a personal injury action. The motion for a new trial was made upon all of the statutory grounds designated in Code of Civil Procedure, section 657. The record does not disclose the ground or grounds upon which the order was based. During the oral argument counsel for plaintiff designated certain errors considered as grou...
Views: 7
The accident out of which this action arose was apparently the result of the effervescence and ebullition of San Franciscans in their exuberance of joy on Y-J Day, Augúst 14, 1945. Plaintiff (who is not included in the above description), while walking on the sidewalk on Post Street adjoining the St. Francis Hotel, just after stepping out from under the marquee, was struck on the head by a heav...
Views: 1
This is an appeal from a judgment which enjoined defendants from interfering with the free passage of rain and surface waters from plaintiffs’ property flowing across defendants’ property, and required defendants to remove a “fill-in and dam” located on their property. The evidence in this case is not conflicting. The precise problem presented does not seem to have been decided in the exact for...
Views: 4
There appears in the clerk’s record of this action for accounting and an injunction, two notices of appeal filed by plaintiffs W. W. MacDonald and John R. Pom-fret: the first from an interlocutory decree, and the second from the whole of the final judgment. There also appears a notice of appeal by defendant Max Rosenfeld setting forth five designated grounds of appeal.
Plaintiffs’ opening ...
Views: 7
Plaintiff, the respondent, brought this action in ejectment against the defendant, appellant, to recover possession of 1,929.81 acres, more or less, of mining land in Placer County, and for damages for the alleged wrong
*244
ful withholding of possession after demand by the corporation. From a judgment for plaintiff awarding it possession of the property and rental value damages fo...
Views: 2
Page 1073
Dalip Singh Bir, a native of India, died intestate in San Joaquin County on April 18, 1945, and respondent Florence Boyes was appointed and qualified as administratrix of his estate. On April 4,1947, two women named Harnam Kaur and Jiwi, both residents of India, joined in a petition to determine heirship, alleging in their petition: “That your petitioners were, at the time of the death of the d...
Views: 7
Petitioner, Nelty Lefrane Horney, seeks by this proceeding in prohibition to restrain the Superior Court of Santa Clara County from further proceeding in a will contest in the estate of Marie Lefrane now pending in that court. It is the theory of petitioner that the trial court is without jurisdiction to proceed in that contest, except to
*264
dismiss, for the reason that no servic...
Views: 2
By an amended information appellant, George Cassandras, was charged with and convicted by a *274 jury of rape with force or violence alleged to have been committed upon the person of Carmen Brown. He appeals from the order denying his motion for a new trial and from the judgment, contending that there is no evidence that he employed force or violence, and that the trial court committed prejudic...
Views: 16
Appeal by defendant Bisno from a judgment for plaintiff in an action for a real estate broker’s commission. Plaintiff, a licensed real estate broker, was employed by owners of real property, situate in Eureka, California, to effect a sale of the property. The price asked included a commission of $5,000 to plaintiff. Plaintiff interested Bisno in purchasing the property. After some negotiation ...
Views: 7
Defendant appeals from a judgment in favor of plaintiff in this action to quiet title to real property. The complaint alleged that plaintiff was the owner and in possession of the property, that defendant claimed an interest therein adverse to plaintiff, and that the claim was without any right whatever. The defendant denied those allegations, except the one as to the interest claimed by him; and ...
Views: 2
This is an appeal from a judgment for defendant in an action in which plaintiffs sought to recover $1,100 as commission on the sale of a yacht owned by defendant.
L. G-. Swales is a duly licensed yacht broker and O. T. Walkey is a duly licensed yacht salesman working under him.
Wilbur H. Barr was the owner of the yacht Branta, which was anchored at its mooring in Newport Harbor about 1% miles from...
Views: 0
I dissent. The court instructed the jury as follows: “You are instructed that a contract, whether written or oral, is an agreement between two or more parties, competent to contract, upon a lawful subject matter with a legal consideration and a mutuality of agreement and obligation. Such a contract is the one alleged to have been made in this case, and it should be enforced if its terms are establ...
Views: 1
This action was instituted in the justice’s court by appellant "V". Sands for the recovery of unpaid rent under an alleged written lease from him to respondent, Eagle Oil and Refining Company, Incorporated. Respondent denied that the parties entered into said lease and with authorization of the court filed a cross-complaint bringing in appellant J. H. Tarman as a cross-defendant. As amended the...
Views: 7
Jacques de la Montanya, one of the beneficiaries under a testamentary trust provided for in the will of Sarah de la Montanya and made a part of the decree of distribution in that estate, appeals from an order made on April 7, 1947 which plaintiff designates as an order “confirming sale of certain real property therein described belonging to the trust estate, to A. Hirschberg.” Sarah de la Monta...
Views: 5
The plaintiffs and respondents purchased a parcel of tax-deeded property from the State of California on November 27, 1941. They thereafter brought this action to quiet their title to the property. The State of California *331 asserted a lien in the sum of $107.99 against the property for delinquent franchise taxes incurred by the Seske Investment Company in 1932 and 1933, at which time that co...
Views: 16
This is an" action by a stockholder in a mutual water company to compel the delivery of water to him in a certain manner. The defendant corporation was organized in 1912, and since that time has supplied water to its stockholders for domestic use, and for irrigation use upon lands within a certain area, although its name was changed to the present name in 1917. The company has certain wells, pumpi...
Views: 0
Page 1085
The present appeal is denominated one “from the findings of the Court that each of these juveniles were delinquents and from the orders of the Court finding them to be wards of the Juvenile Court.” It is to be noted, however, that although appellants were determined to be wards of the court, there was no finding that any of the minors were juvenile delinquents. On December 17, 1946, petitions s...
Views: 6
This action was brought by plaintiffs against defendants to recover damages for the alleged fraud and deceit of defendants. The cause was tried before a jury, resulting in a verdict of $3,500. Defendants appeal from the judgment entered on that verdict. Appellants do not challenge the sufficiency of the evidence to sustain the implied finding that they were guilty of fraud; in fact, the sole po...
Views: 5
Plaintiff and defendant are both veterinarians. In 1935, defendant sold a veterinary business and pet hospital theretofore conducted by him to one Dr. Haidy. He covenanted not to engage in a similar business within “an area of five miles” from the location sold and this contract ran to the purchaser’s heirs and assigns. Plaintiff later purchased the business from Haidy. Defendant applied to the c...
Views: 1
This is an appeal hy the defendant from a judgment in which it was decreed that the copartnership existing between plaintiff and defendant, uncle and nephew, respectively, by virtue of a written agreement dated September 1, 1945, was terminated by the mutual consent of the parties on December 24, 1945; that an accounting was had on December 26,1945; that plaintiff pay to defendant $741.97; and ...
Views: 2
This is an action by Mary Sanders, individually and as administratrix of the estate of her deceased husband, for damages arising out of an alleged eviction of plaintiff and her husband from an apartment in the city of Los Angeles. The demurrer of defendant George S. Allen to the fifth amended complaint was sustained with leave to amend. Plaintiff declining to amend further, a judgment of dismis...
Views: 2
This is an appeal from a judgment entered in a declaratory relief action brought by the. respondent First Trust and Savings Bank of Pasadena, as trustee, to secure an adjudication as to whether the appellant, Frank B. Costa, or the respondent Pasadena Historical Society was entitled to conveyance of certain real property held by it as trustee under a trust indenture executed by Elma B. Stuart. Fro...
Views: 6
This is an appeal by defendant from a judgment in favor of plaintiff for $1,000 general damages and $850 special damages. The case was tried without a jury. Defendant’s motions for nonsuit and for a new trial were denied.
On the morning of November 23, 1945, appellant Paul Black was driving his Packard sedan southerly from San Francisco on Highway 101, a six-lane paved arterial highway, co...
Views: 11
Plaintiff sued on four checks of $500 each given to plaintiff in payment for chips to be used by defendant in a game of “low ball” or draw poker. Plaintiff was the owner of the premises in which he conducted a gambling establishment. He knew that the checks were given for the purchase of chips, that the chips would be used by the defendant in the game which was then in progress, and that one of h...
Views: 1
This is an appeal by the defendants Walter’s Fur Shop, Walter G. Kurkjian and Charles W. Kurkjian, as individuals and doing business under the firm name and style of Walter’s Fur Shop from an order denying their motion for change of venue from the city and county of San Francisco to the county of Fresno, where they have their residence. The complaint mentions as codefendant G. Giacomini, a *38...
Views: 5
Thomas R. Welch died in April, 1933. His only heirs were his daughter, Vella Johnson, and a grandson, Thomas Kenneth Welch, who was the son of a deceased son. This grandson, who was eight years old at the time of the testator’s death, was killed in a plane crash over Belgium in 1945, while serving in the Army Air Forces. He was married in 1943, and his surviving wife and child are the appellants h...
Views: 1
This is an appeal by plaintiffs from an adverse judgment in an action for unlawful detainer. Plaintiffs are the successors in interest of the original lessors, who leased certain real property in the city of Los Angeles to defendant corporation for a period of five years with an option to renew for an additional five years, which option the defendant exercised. On April 12, 1946, while the lease w...
Views: 1
The defendants were charged with the violation of section 288a of the Penal Code and, in a second count, with the violation of section 286 of that code. A jury found them guilty on both counts and they were sentenced *407 accordingly, the sentences to run consecutively. A motion for a new trial was denied and each defendant has appealed from that order and from the judgment. The defendants, w...
Views: 15
Plaintiff brought this action to recover damages suffered in the flooding of his place of residence in 1945 *415 by the diversion of surface waters from the defendant’s right of way onto the plaintiff’s land. It is undisputed in the evidence that the water flooded under the plaintiff’s home and stood there for a matter of some weeks damaging the furnace. It is likewise without dispute that the ...
Views: 2
This is an appeal from judgments in favor of respondent in two consolidated actions for damages resulting from a collision between a bus operated by respondent and an automobile driven by the appellant Lester D. Lynch, as a result of which Lester D. Lynch was injured and three passengers in his car were killed. The appellants Lucco Ferrula and Mary Ferrula are the parents of a minor daughter, o...
Views: 13
Subdivision 16 of section 202, article XIX, of the charter of the city of Los Angeles provides that when a request “to be reheard” has been filed by a police officer who has been removed from the police department after hearing before a board of rights, “The Chief of Police must consider and decide upon such request . . .,” and that “If good reason or cause appears therefor, the Chief of Police m...
Views: 1
The present controversy arises out of a written option agreement for the sale of certain real property by plaintiff to defendant. The pertinent portions of the agreement provide as follows: "Witnesseth : That for and in consideration of the sum of Two Hundred Fifty Dollars ($250.00) to him in hand paid, the receipt whereof is hereby acknowledged, the party of the first part hereby agrees to hol...
Views: 2
This is an appeal from an order denying the petition of Lena K. Nelson to dismiss the proceedings in the above named estate on the sole ground of lack of jurisdiction of the probate court for the alleged reason that at the time of her death the decedent was not a resident of the State of California but resided at Klamath Falls, Oregon. By the terms of her will and the codicils thereto respondent R...
Views: 0
Defendant, an ex-convict, was convicted of violating the Dangerous Weapons’ Control Law of 1923 (Stats. 1923, p. 695, as amended; 1 Deering’s Gen. Laws, Act 1970) in that he had in his possession and under his custody and control a certain firearm capable of being concealed on his person. Defendant does not challenge the sufficiency of the evidence to justify the verdict, but makes two contention...
Views: 14
Plaintiff brought suit against defendant, a painting contractor engaged in business in San Francisco, for unpaid license taxes for the fiscal years 1943-1944, 1944-1945, and 1945-1946. The question presented here is the validity of that portion of ordinance No. 1.075 of plaintiff city and county, requiring contractor’s licenses. The lower court found it to be invalid and sustained defendant’s d...
Views: 12
This is an appeal by both parties from a judgment which permits the plaintiffs, owners of a store building, to close up one entrance thereto and a portion of a patio *455 therein, against the protests of the defendant Hamner, a tenant. The University Professional Building is located at the corner of Kinross and Broxton Avenues in Westwood Village, and before its completion in 1929, Hamner lease...
Views: 5
This is an appeal from the judgment and from an order denying a motion for a new trial following a verdict of guilty of grand theft. Defendant was charged by information with two offenses of grand theft after a prior conviction of a felony. The prior conviction was admitted; the jury returned a verdict of guilty of count one and not guilty of count two. It is contended on appeal that “the evidence...
Views: 0
Petitioner was charged jointly with one Howard Durham with the crime of robbery (violation of Pen. Code, § 211). At the preliminary examination both defendants were held to answer. The sole question presented here is whether the evidence showed probable cause of the guilt of the petitioner. The sole witness was one George Caulfield. He testified that on Sunday night, October 12, 1947, he was in a ...
Views: 8
The appellant was convicted on a charge of robbery. There are only two matters raised on appeal, the first and most important being that a confession introduced in evidence was not free and voluntary. *472 Appellant contends that six officers kept the defendant in a 6 by 6-foot room for two and a half hours and interrogated him by “third degree methods.” We are asked to say that admission...
Views: 0
This is a motion to dismiss an appeal from an order of the trial court denying plaintiff's motion to dismiss the action before any evidence was offered. This is the single question presented for determination : Is an order denying a motion to dismiss an action before any evidence is offered an appealable order? This question must be answered in the negative for the reason that an order denying a...
Views: 1
From a judgment of guilty of violating section 11500 * of the Health and Safety Code (possession etc. of narcotics) after trial before the court without a jury, defendant appeals. There is also an appeal from an order denying his motion for a new trial. Viewing the evidence in the light most favorable to the People (respondent) the essential facts are: On May 15, 1947, between 10:30 p. m. a...
Views: 14
Motion to dismiss an appeal from a judgment and from an order denying a motion for a new trial. Plaintiffs sued Bekins Van & Storage Company (referred to as “Bekins”) and 14 individual defendants. Bekins answered separately. Eleven of the individual defendants answered jointly. After the cause had been tried the trial judge signed findings of fact and conclusions of law, in which he concluded t...
Views: 5
These are appeals from orders granting the petitions, respectively, in an abandonment, an adoption, and a guardianship proceeding, involving a girl baby born on April 28, 1944, at the Loma Linda Hospital. The attending physician was Dr. Loleta Simpson, a member of the staff of this hospital, and she was assisted by her sister Dr. Winea Simpson, who is the petitioner here. We will refer to them as ...
Views: 0
This is an appeal from a judgment sustaining a demurrer without leave to amend. The complaint is entitled “Complaint for Damages and Claim and Delivery” and alleges that the Housing Authority of the City and County of San Francisco is a public body politic.
The demurrer interposed particularly raises the question of the jurisdiction of the persons and the subject of the action. The purpose...
Views: 12
The defendant was charged with a violation of section 288 of the Penal Code and two prior convictions—one of robbery and one of petty theft. He admitted the prior convictions, waived a trial by jury, and was tried and convicted by the court. He appeals from the judgment and the order denying a new trial. The victim of the offense charged was a little girl 5 years of age. She testified that on...
Views: 11
Plaintiff appeals from a judgment in favor of defendants after trial before the court without a jury in an ejectment action. The evidence being viewed in the light most favorable to defendants (respondents) these are the essential facts: Several years prior to March 4, 1944, defendants were in possession of premises known as “346 and 346% North LaOienega, Los Angeles, California.” This proper...
Views: 7
This is an appeal from a judgment in favor of defendants after trial before the court without a jury in an action to quiet title to a parcel of real property. The evidence being viewed in the light most favorable to defendants (respondents) the essential facts are: Her linda S. Rios, of Mexican descent, came to the United States with her husband from the Republic of Mexico in 1913. The family...
Views: 9
Appellant was convicted in a jury trial of receiving and holding a wager on a horse race, and of a separate offense of recording and registering a wager on a horse race, in violation of subdivisions 3 and 4 of section 337a, Penal Code. He appeals from the judgments, specifying insufficiency of the evidence, erroneous rulings in the admission of evidence, errors in the instructions and alleged mis...
Views: 10
By means of certiorari the petitioner seeks to review an order of the probate court in San Joaquin County, in the estate of Manuel Silva, deceased, refusing to rescind a former approval of two creditors’ claims. The claims were approved by the administratrix, Margaret Buck-master, while she was serving as a representative of the estate. Her letters were subsequently revoked, under section 450 o...
Views: 11
83 Cal.App.2d 534 (1948)
Estate of WILLIAM LLEWELLYN, Deceased. DAVID E. LLEWELLYN, Appellant,
v.
GWENDOLYN M. CHEESEWRIGHT et al., Respondents.
Civ. No. 15789.
California Court of Appeals. Second Dist., Div. One.
Feb. 9, 1948.
Joseph Scott, Edward R. Young, J. Howard Ziemann and Cuthbert J. Scott for Appellant.
Jones, Thompson & Kelly and Irving M. Walker for Respondents. *538
WHITE, J...
Views: 12
Plaintiff appeals from the order granting a motion for change of venue from the county of Los Angeles to the city and county of San Francisco. The complaint, which purported to allege four causes of action based on contract to recover money, named eight defendants (and several defendants under fictitious names). Seven of the named defendants filed a demurrer to the complaint, and at the same ti...
Views: 7
This is an appeal from a judgment rendered pursuant to an order sustaining a demurrer to the complaint without leave to amend the pleading. The suit is for a mandatory injunction to require the State Controller to retain and apply $28,000, collected from the United States government as damages for injury to the buildings and improvements on the land formerly belonging to plaintiff in a “Distressed...
Views: 4
An indictment was filed in Butte County, March 15, 1946, against the defendant, charging him in three counts with contributing to the delinquency of named minors, under section 702 of the Welfare and Institutions Code. It also contained two other counts charging him, under the provisions of section 288a of the Penal Code, with felonies committed on the same minors. March 29th of the same year the ...
Views: 9
Plaintiff and respondent was married to defendant and appellant on March 24, 1942. They were separated on March 18, 1946. On April 11, 1946, plaintiff commenced this action for divorce on the ground of cruelty. Defendant appeared through her attorneys, Jerry Giesler, Esquire, Meyer M. Willner, Esquire, and Messieurs Best, Best & Gabbert. Thereafter, an amended complaint was filed. Defendant ans...
Views: 4
This is an action in equity instituted by the
people of the State of California against all the above-named defendants and appellants and certain of their officers and employees, to restrain them from maintaining, without a permit from the State Board of Public Health, any sewage treatment works, sewers and pipes or conduits, or other pipes or conduits for the treatment or discharge of sew...
Views: 11
Defendant Graham agreed to convey certain real property to. plaintiff. The latter agreed to convey it to intervener. Upon defendant’s failure to make a conveyance plaintiff brought this action to compel specific performance of the agreement. Intervener filed his complaint in intervention praying judgment in his favor for specific performance in the event that plaintiff should be successful in h...
Views: 17
As the facts in this ease unfold there will appear a program, well prepared and almost successful, whereby plaintiff hoped to acquire a valuable property for a paltry sum by following the forms of law but in defiance of the elemental rules of equity and without a simulacrum of justice.
Plaintiff purchased a number of accounts receivable from a bankrupt estate, among them an account against...
Views: 6
On plaintiff’s appeal from a judgment rendered in favor of defendants on their motion for a nonsuit consideration can be given only to the evidence most favorable to plaintiff’s cause of action, to every reasonable inference that may be drawn therefrom and to every presumption that can fairly arise in support of her allegations.
(Weck
v.
*663
Los Angeles County Flood C...
Views: 2
The judgment rendered in favor of plaintiff directing specific performance by defendant of a contract to convey real estate must be reversed.
*667(1) The contract which is in the form of an option provides for the payment of $5,680 in cash less the amount of a trust deed on the property. It appears that approximately $2,500 remained unpaid on the trust deed. The complaint alleges “that plaintiff h...
Views: 14
This is a petition by the Department of Motor Vehicles, California Highway Patrol, for a writ of review seeking a reduction in an award made by respondent to John M. Reed, a member of the Highway Patrol, for injuries admittedly received within the scope of his official employment. The amount of the award was $2,300. It is the contention of the state employing petitioner that the award should be re...
Views: 12
This is a motion to dismiss an appeal arising out of an action to quiet title to real property. The action was brought on June 11, 1946, and an affidavit was filed showing personal service on the defendant on July 1, 1946. The default of the defendant was entered on August 1, 1946, and an order for judgment and a decree quieting title in the plaintiff were filed on August 5, 1946. On January 30...
Views: 0
Anna Kurt died testate on December 6, 1942, and Bank of America National Trust and Savings Association was appointed executor of her will. By the terms of her will she left certain shares of stock standing in her name to her sister Meta Mohr and to certain other persons and made Meta Mohr the residuary beneficiary of one-half of the residue of her estate. Certain real property was held in joint...
Views: 7
This is an action brought by respondent for personal injuries resulting from a collision between a motorcycle operated by her husband, Wayne Chapman, and a truck owned by appellant, Floyd Mason, which was then being driven by defendant Julie Robarge with the owner’s consent. The case was tried without a jury and at its conclusion the court found “That it is true that at the time and place of said...
Views: 0
Action for damages for injury from collision of an automobile and a tank truck with trailer. Plaintiff Smith and his fellow serviceman, Walton, were stationed near Barstow. About 7:30 a. m. on May 8, 1945, they secured a ride from San Bernardino with Lieutenant Dillon, who was driving his automobile from that city to Victorville on Highway 66, which highway runs in a general easterly and westerly ...
Views: 0
Appellant, a beauty shop operator, commenced an action on April 5, 1946 ,to restrain respondent from soliciting appellant’s customers, the names of whom respondent had learned in the course of his employment by appellant. Respondent answered denying that he had solicited appellant’s customers and cross-complained alleging a partnership under a written option agreement and a mutual agreement made ...
Views: 4
By the information in this case, appellant and James Graziano and Frank A. Serio were jointly accused of committing the crime of burglary, a felony in that they, on the 22d day of December, 1946, wilfully entered the store and room of Ben Millman and Eugene Malone in San Pedro with the intent to commit a theft. The defendants J ames Graziano and Frank A. Serio pleaded guilty to the crime of burgl...
Views: 7
Appellant and Winifred Howard were charged with two counts of abortion and appellant was charged in addition with three prior convictions of felonies, one being for conspiracy to commit abortion and the other two for abortions. Both defendants pleaded not guilty; appellant admitted the three prior convictions charged against her. Upon the conclusion of the introduction of evidence count 1 was d...
Views: 22
This is an appeal by the defendant George Middleton only from a judgment quieting title in the several plaintiffs, holders of tax deeds, to several lots in Forbes Subdivision No. 3, city of San Rafael, county of Marin, state of California, formerly assessed to Beatriz Michelena Middleton, appellant’s wife, who died in October, 1943. The situation as to the several plaintiffs and ■ properties, d...
Views: 2
The defendants were charged with robbery, with prior convictions. They admitted the prior convictions, and a jury found them guilty of robbery in the first degree. They have appealed from the judgment and from an order denying their motion for a new trial. About 2 a. m. on the morning of April 18, 1947, two men armed with revolvers came into the card room of a so-called cafe in Fresno, through ...
Views: 13
From a judgment quieting title against a tax deed issued by the city tax collector to the city of Long Beach defendants appeal.
The land involved in the action is Lots 7 and 8 of the Alfalfa Land and Water Company’s tract comprising 10 acres, more or less, in the city of Long Beach. On account of the nonpayment of the assessment for 1924 the property was sold for such delinquent taxes Sept...
Views: 15
From a judgment in favor of plaintiff after trial before a jury in an action to recover damages for personal injuries resulting from plaintiff’s being struck by defendants’ automobile, defendants appeal. The record discloses evidence which supports these facts: Defendant Abe Rosenbloom’s automobile was pushed from a standing position one block east of the intersection of Beverly Boulevard and G...
Views: 11
Isaac Krone departed this life in April, 1946, leaving surviving him his wife Fanny and three children by a former marriage, respondents herein. All proceedings having been duly had in his estate to put it in a condition to be closed, respondents filed their claim of interest declaring that the property of the estate is the separate property of decedent and that appellant was not the lawful wif...
Views: 18
The question for decision is whether this court has jurisdiction over an appeal from an order dismissing an order to show cause in re modification of an interlocutory decree of divorce, the defendant husband having deceased and no order for the substitution of his personal representative having been made, and it appearing that the order for the payment of monthly sums to the plaintiff had been ...
Views: 11
This is an appeal by plaintiff from a judgment that a property settlement agreement between the parties, entered into while they were husband and wife, was not procured by the fraud of defendant wife but was valid, and also declaring that the court was without jurisdiction to render a decision on plaintiff’s cause of action by which he sought a decree that his marriage to defendant was void. The p...
Views: 1
Action to recover real estate commission. Respondent, a real estate broker, hereinafter referred to as plaintiff, brought this action to recover from the defendants and appellants $1,300 on a claimed written agreement of defendants to pay a commission for the sale of real and personal property after the purported sale had been rescinded by the grantor and grantee by mutual consent. Since judgment...
Views: 2
This is an action for damages arising from a collision between a bicycle on which the minor plaintiff was riding and a truck owned and operated by the defendant. A nonsuit was granted and later the court ordered a new trial, from which order the defendants have appealed. The minor plaintiff, who was 8 years old at the time of the accident, testified she was riding a bicycle and was proceeding t...
Views: 3
Defendant failed to file an adequate record on appeal in the above entitled matter. After the original opinion had been filed defendant presented a motion to augment the record. That motion was granted, which requires a modification of the opinion. A petition for rehearing was granted and the matter submitted. After reconsideration of the record as augmented we are convinced that the opinion here...
Views: 0
Plaintiff sued defendant to enforce an ante-nuptial agreement and for divorce on the grounds of extreme cruelty. Defendant, besides answering, cross-complained for divorce on the grounds of both cruelty and desertion. At the trial, the court granted defendant’s motion for a nonsuit on both causes of action. The trial then proceeded on the single cause of action for desertion alleged in the cross-...
Views: 12
Plaintiffs sued in unlawful detainer under an oral lease. Defendants countered with a plea of possession under a written contract of sale and of the performance of all conditions on their part. Judgment followed a trial by the court decreeing that plaintiffs were not entitled to restitution, that no rent was due them, and that they were entitled to no relief. The appeal is on a settled statement....
Views: 5
Plaintiff recovered judgment against defendant upon a book account for rock sold and delivered, from which judgment defendant appeals. Appellant designated certain exhibits to be included in the clerk’s transcript pursuant to rule 5 (a), Rules on Appeal. He also requested a partial reporter’s transcript without stating the points to be raised by him on appeal as required by rule 4 (b), Rules on A...
Views: 8
Appellant was convicted by the ver- dict of a jury of the crime of forcible rape. He appeals from the judgment of conviction and from an order denying his motion for a new trial. The prosecutrix, an unmarried woman of the age of 35 years, testified that she was accosted while walking alone through the Alta Plaza Park in San Francisco on her return from church services shortly before 9 o’clock...
Views: 8
The defendant appeals from a judgment convicting him of violating section 476 of the Vehicle Code. The part of that section here involved reads: “Whenever traffic is controlled by official traffic control signals exhibiting the words ‘Go/ ‘Caution/ or ‘Stop/ or exhibiting different colored lights successively, one at a time, or with arrows, the following colors only shall be used, and said term...
Views: 3
The original complaint herein sought a money judgment for $5,250 on account of an alleged deficiency in the area of land sold by defendants to the plaintiffs. Defendants answered and pleaded three special defenses. At the beginning of the trial after plaintiffs’ first witness was sworn, the court sustained defendants’ objection to the introduction of evidence on the ground that the complaint did ...
Views: 1
The complaint herein recovery of $4,000 as agreed compensation for contractors’ services in the proposed construction of a fruit packing house at Lindsay, California. The then-named plaintiffs included Alfred N. Fadel and Job N. Fadel but at the commencement of the trial the court sustained defendant’s objection to the introduction of evidence as to these plaintiffs. The complaint also sought a de...
Views: 0
This an action for for breach of an agreement to furnish irrigation water. The defendant owned a ranch of over 5,000 acres in the Mendota district. The plaintiffs had a large number of grapevine cuttings and were looking for land on which to plant these and raise rootings. On January 3, 1945, the defendant leased 30 acres of this land for one year to the plaintiffs for this purpose, at a rental of...
Views: 0
is This an action for damages arising out of an automobile accident. On March 27, 1947, summons was served on the defendant and by him turned over to his insurance carrier. On April 1, 1947, a representative of the insurance company, Mr. Owen, called on one of the attorneys for the plaintiff and obtained a written stipulation giving the defendant “to and including” April 26, 1947, in which to appe...
Views: 3
The appellants were accused by information of conspiracy to commit abortions (Pen. Code, §§ 182, 274) and of practicing medicine without a certificate (Bus.
&
Prof. Code, § 2141). There were two trials, each resulting in a disagreement of the jury. The third trial resulted in a verdict of guilty as to all five defendants on both charges, and from the judgment entered thereon this app...
Views: 14
An alternative writ of mandate was issued in this proceeding to test the right to dismiss the complaint in an action by California Employment Commission (formerly Unemployment Reserves Commission), against petitioner herein, Bank of America National Trust and Savings Association, a national banking association. The ground of the petition is that the action was not brought to trial within five y...
Views: 6
On March 22, 1945, the plaintiffs recovered a judgment in Arizona against the defendants, husband and wife, the material part reading as follows:
“The above-entitled matter having been submitted on motions for judgment on the pleadings . . . and the Court finding that judgment should be entered in favor of plaintiffs as
upon a community debt of the defendants incurred by the defendan...
Views: 11
Mary Elizabeth Selb died September 12, 1945, at the age of 93 years, leaving a will dated March 18,1944, in which she named her son, Theodore Selb, executor. Probate of said will was contested by decedent’s daughter, Bertha Elizabeth Morris, on the ground that decedent was not of sound mind when she .executed same and that she was
*48
under the undue influence of her said son. The ...
Views: 7
The herein for declaratory relief arising out of a controversy as to the legal rights of plaintiff and defendants with respect to a written agreement covering the organization and management of a certain welding equipment corporation. Plaintiff alleges that defendants have caused royalties to be withheld from plaintiff and threaten to ignore the agreement. The answer pleaded lack of considerati...
Views: 10
In Frederick J. was accused by indictment of six felony offenses against a young woman. Two prior convictions of felonies were charged, namely, forgery and grand theft, which defendant admitted. *66In a jury trial he was convicted of kidnapping, forcible rape, violation of section 288a of the Penal Code, and simple assault. He was acquitted of a separate charge of rape, of violation of section 286...
Views: 11
This a companion appeal to No. 4010, ante, p. 64 [190 P.2d 286], this day decided. Ref *73 erence is made to the opinion in that appeal for a statement of the offenses of which defendant stands convicted. He is now in prison under sentences upon judgments of conviction of four charges of felonies. He appeals from those judgments and from an order denying his motion for a new trial. The reason...
Views: 13
This is an appeal by plaintiff from certain orders of the trial court; the first conditionally granting defendants’ motion for a new trial, and the second unconditionally granting said motion. Plaintiff is a mining and metallurgical engineer. At the time of defendants’ alleged slander and assault he was employed by a firm of mining and metallurgical and chemical engineering consultants who had ...
Views: 2
This an action for damages for malicious prosecution. The parties occupied adjoining “farming” premises within the city limits of Corona. Mrs. Jones lived alone with her daughter and for some 15 months had kept a dog. About 5 o’clock in the morning of the day in question *97Mrs. Jones and her daughter left the house to do some “chores” and released the dog which had been tied up during the night. ...
Views: 0
This action involves an appeal by plaintiff from a judgment in its favor in an amount less than that to which it claims to be entitled.
On October 20, 1943, defendant A. B. McKinley, by Max McKinley, his agent (later relieved of personal liability) placed with plaintiff, a drilling corporation, an order to drill a water well and install easing at an agreed price of $3,919.45. •This written...
Views: 1
Bonnear brought this action to establish a constructive trust based upon certain facts alleged in the complaint, namely, that defendant Bank of America National Trust & Savings Association was appointed and qualified as executor of the last will and testament of Eva Bonnear; that plaintiff and the deceased were at one time man and wife; that “certain unhappy differences” arose between them whic...
Views: 8
Both and defendant from the order of October 14, 1946, whereby the court denied the motion of plaintiff for a writ of execution to enforce an interlocutory decree of divorce entered on November 20, 1928, requiring defendant to pay to plaintiff $50 per month as alimony, and whereby the court also denied the motions of defendant to quash execution.
Plaintiff’s motion for issuance of executio...
Views: 1
This is an action for personal injuries received as a result of a collision between a motorcycle on which respondent was riding and a ear driven by appellant. At the conclusion of the trial, the court granted a motion for a new trial on the ground, among others, that the verdict and judgment in favor of appellant were not supported by the evidence. At- 7:30 p.m. on December 15, 1945, respondent wa...
Views: 0
Defendant was adjudged guilty by the court, a jury having been duly waived. Defendant was charged by information in the juvenile court with contributing to the delinquency of minors, an alleged violation of section 702 of “Welfare and Institutions Code” in that defendant, on or about February 5, 1947, “did willfully and unlawfully encourage and permit certain minors, to-wit, Edwin J. Willard, Del...
Views: 10
From a judgment in favor of plaintiff after trial before the court without a jury in an action for an accounting, defendant appeals. The essential facts are these: Plaintiff filed a complaint containing two counts, the first to establish a trust, the second for the dissolution of a partnership and an accounting. Defendant filed a general and special demurrer to each count of the complaint, which d...
Views: 1
From a judgment in favor of plaintiff after trial before a jury in an action to recover damages for personal injuries resulting from a collision between a bus owned and operated by defendant and a truck in which plaintiff was riding, defendant appeals.
The evidence being viewed in the light most favorable to plaintiff (respondent), the essential facts are these:
On February 15, 1945, ...
Views: 13
Page 1174
I concur. Iagree with all that is said by Mr. Justice Shinn. The complaint in this action alleged extreme cruelty and, by implication, the existence of community property; and prayed (1) for a divorce, and (2) “that the court reserve jurisdiction to determine the rights of the parties as to community property and her rights to support and maintenance and make such order, judgment and decree with r...
Views: 0
This is an appeal by the Terminix Company, hereafter called appellant, from a judgment denying a peremptory writ of mandate. Appellant initiated these mandamus proceedings in order to obtain court review of the validity of an order of the Contractors’ State License Board, hereafter called respondent, suspending appellant’s contractor’s license for six months and imposing upon it other penalties fo...
Views: 1
Defendant and appellant was charged in two counts with assault with a deadly weapon upon one George Woodhams, and in the third count, with an assault upon him, by means of force likely to produce great bodily injury, by violently striking him about the face. Defendant entered pleas of not guilty. At the conclusion of a jury trial, on motion of the district attorney, counts one and two were dismiss...
Views: 5
The chronology of events in this matter is as follows: August 18, 1942—Phyllis Wilson was granted by default an interlocutory decree of divorce against Del Willson, in the Superior Court of Alameda County. October 30, 1942—Interlocutory decree of divorce entered. August 21, 1943—Three days after one year had expired from the actual granting of the interlocutory decree, but over two mo...
Views: 0
Defendants Hughes, Brighton and Meacham were charged jointly with robbery while armed with a revolver. Each one asserted an alibi as a defense. In a trial by jury they were found guilty as charged. Defendant Hughes appeals from the judgment and the order denying his motion for a new trial. He contends that there is no substantial evidence of his guilt; that the court erred in its instructions; ...
Views: 7
The State Treasurer has appealed from a judgment for plaintiff, refunding income taxes levied against a trustee of an express trust under the Personal Income Tax Act of 1935 (Stats. 1935, p. 1090, ch. 329; 3 Deering’s Gen. Laws, Act 8494; Rev. & Tax. Code, §§ 17001, et seq.), which were paid under protest. Defendant filed a general demurrer to the complaint. The demurrer was overruled and defen...
Views: 1
Petition for a writ of prohibition. Petitioner seeks by this application to prevent the respondent superior court from further proceeding, except to dismiss, an action commenced by the California Employment Stabilization Commission against petitioner for the collection of contributions under the Unemployment Insurance Act [Stats. 1935, p. 1226, as amended; 3 Deering’s Gen. Laws, Act 8780d]. This i...
Views: 4
Petition for a writ of prohibition. Petitioner seeks in this proceeding to prevent respondent superior court from further proceeding, except to dismiss, an action commenced by respondent commission against petitioner. The record discloses the following chronology: August 26, 1941—complaint filed and summons issued. September 5, 1941—complaint and summons served. October 15, 1941—defendant filed a ...
Views: 0
This is an action on a judgment. The Superintendent of Banks of California obtained a judgment in Yolo County against defendants Laura E. Ogden and her son and daughter, Fred R. Ogden and Laura R. Hiatt. Plaintiff purchased the judgment and commenced this action as assignee. Defendants made a motion to dismiss the action, *231 as hereinafter stated, which motion was denied. A judgment by defaul...
Views: 5
Appeal by plaintiffs, the widow, children and business partner of Elmer Norman Wahrenbrock, from a judgment entered upon the granting of a motion for a judgment of nonsuit in an action for damages.
The complaint is in three counts: (1) for wrongful death, (2) for money expended by reason of the alleged wrongful death, (3) for damage to a truck.
Viewing the evidence in the light most f...
Views: 4
The plaintiff and cross-defendants herein have appealed from a judgment in favor of the defendant and cross-complainant quieting title in the defendant to all of Section Twenty Seven (27), Township Twenty Three (23) North, Range Five (5) East, M. D. B. & M., in the county of Butte, State of California, as shown and delineated on the plat of the resurvey of said section approved
*245
...
Views: 1
On March 30, 1938, Elmer Clark and wife executed a deed of trust in the sum of $180,092.03, to secure an obligation to the plaintiff and respondent First National Bank in Santa Ana. It was recorded July 11, 1938. Prior to that time the Title Insurance & Trust Company, predecessor in interest of the Clarks, executed an oil and gas lease dated November 16, 1937, and recorded December 28, 1937, to de...
Views: 2
This is a petition for a writ of prohibition to restrain the respondent police court from further proceeding to prosecute petitioner on a charge of reckless driving, causing bodily injury in alleged violation of section 505(b) of the Vehicle Code. The petition avers that the alleged offense occurred on April 22, 1947; that petitioner pleaded not guilty to the charge on June 7, 1947; that no wri...
Views: 3
Plaintiffs, who are licensed real estate brokers, secured the signature of one Morrow to a uniform agreement of sale whereby Morrow offered to purchase for a total price of $45,000 of which $12,000 was to be paid in cash
“The Almardel (sic) Hotel, swimming pools, complete equipment, including nine acres, and liquor license . . .
“Subject to seller obtaining a liquor license for buyer....
Views: 3
WILSON, J. Appellant filed a petition with the city council of respondent city of Inglewood for a permit to engage in business as a used automobile dealer. After public hearings by the council, at which evidence was offered and received, the permit was denied. Appellant applied to the court for a writ of mandate to compel the granting of his petition. An alternative writ was issued in response ...
Views: 5
Petitioner-appellant commenced an action in the Justice’s Court of Beverly Hills Township, a Class “A” justice’s court, to recover the sum of $1,000 from The Filtex Corporation, organized under the laws of Michigan and qualified to do business in California. The defendant corporation made a motion for a change of venue to the Municipal Court of the City of Los Angeles on the ground that its princi...
Views: 0
This action for personal injuries was tried by the court without a jury. Findings and judgment were entered in favor of plaintiff. Defendant appeals.
Appellant contends that the evidence is insufficient to sustain the findings (1) that his negligence was the direct and proximate cause of respondent’s injuries, and (2) that respondent was not guilty of contributory negligence.
Clark Av...
Views: 8
Appellant was charged with two counts of violation of section 286 of the Penal Code and with two prior convictions of a felony. At first he denied the prior convictions but later admitted them. He was convicted on both counts of violating section 286, and appeals from the judgment of conviction and from the order denying his motion for a new trial. As grounds of appeal he specifies (1) insufficie...
Views: 14
Appellant was charged by "information filed by the district attorney of Los Angeles County with three counts of grand theft and one count of attempted grand theft. The first count charged the theft of $600 from A. Speyer on or about November 25, 1946; the second count *283charged the theft of $1,200 from Roy G. Rabat and Ruth M. Rabat on or about November 27, 1946; the third count charged an attem...
Views: 0
The action herein sought an accounting and dissolution of a partnership. At the conclusion of plaintiff’s ease, a motion for nonsuit was granted. From the judgment that followed, plaintiff appeals. *294Appellant contends that “a prima facie case as to the formation and existence of the partnership was adduced through testimony and documentary evidence”; that, “the right to the relief prayed for wa...
Views: 0
The complaint in the within action contains two causes of action, one for declaratory relief and one for damages for breach of contract. A demurrer, general and special, was sustained. Plaintiff having failed to amend, the action was dismissed under section 581 of the Code of Civil Procedure. Plaintiff appeals from the judgment of dismissal. It is contended on appeal that, “the complaint disclosed...
Views: 0
Plaintiffs appeal from judgments dismissing the above entitled actions pursuant to the provisions of section 583 of the Code of Civil Procedure, upon the ground that the same had not been brought to trial within a period of five years after the commencement thereof.
Because, except for a chronological statement of the pertinent proceedings, the facts in all three cases are in substantial r...
Views: 4
This an appeal from an order denying a motion to vacate the judgment. Appellant appears in propria persona. The action is to quiet title to property in Manhattan Beach alleged to be owned by the estate of Maude K. Nulsen. Appellant also appeared in propria persona as a defendant in the court below. Appellant’s wife, also a defendant, was not represented by counsel at the trial. *307Appellant’s bri...
Views: 2
84 Cal.App.2d 308 (1948)
NATHAN S. HOUSMAN, Appellant,
v.
BOARD OF MEDICAL EXAMINERS et al., Respondents.
Civ. No. 13432.
California Court of Appeals. First Dist., Div. One.
Mar. 11, 1948.
Booth B. Goodman and Lionel Browne for Appellant.
Fred N. Howser, Attorney General, and J. Albert Hutchinson, Deputy Attorney General, for Respondents. *311
BRAY, J.
Subsequent to the filing of our opini...
Views: 16
Plaintiff while crossing Fell Street in San Francisco from the northwesterly corner to the southwesterly corner of Fell and Webster Streets was struck by an automobile owned and operated by defendants. For his injuries thereby caused the court sitting without a jury gave plaintiff a judgment and defendants appeal. Appellants’ sole point is that plaintiff’s evidence proved him guilty of contributor...
Views: 0
This is an action by the plaintiff for specific performance of a contract to sell real estate. The appeal is from a judgment rendered in favor of defendant. There is no averment in the complaint that the contract is just and reasonable as to the other party or that it is supported by an adequate consideration. There is no evidence in the record as to the value of the land or any evidence upon whic...
Views: 0
This is a proceeding to determine heirship, which arose over a controversy between appellant, Jessie M. Erskine, widow of James E. Erskine, deceased, and respondent Frances N. Erskine, his only child by a previous marriage. Frances’s mother and father were married in 1900. The mother died in 1935. Jessie and James Erskine were married in 1941.
In 1937, Helen M. Keller and Mr. Erskine becam...
Views: 0
This is a suit for unlawful detention of a store building at Merced, leased to defendants by an oral agreement for a term of one year, for $200 rental per month. *334After service on defendants of an alleged 30-day notice to terminate the lease, under section 789 of the Civil Code, and a three-day notice pursuant to section 791 of the Civil Code, this suit was commenced for possession of the prope...
Views: 0
Plaintiff appeals from a minute order of the trial court denying her written noticed motion for a final decree of divorce, which motion was made after the expiration of more than one year from the date of the entry of the interlocutory. The facts are uncontradicted and are as follows: On July 23, 1945, plaintiff filed a complaint for divorce against defendant on the ground of extreme cruelty. The ...
Views: 0
Thebasic question to be determined here is whether abstraction or momentary forgetfulness of a known danger constitutes contributory negligence
as a matter of law.
As this is an appeal from a judgment of nonsuit, such judgment can be supported only if, “disregarding conflicting evidence, and giving to plaintiff’s evidence all the value to which it is legally entitled, indulging in ...
Views: 6
Charles T. Ward and Clayton D. Cirveau were charged with robbery. Ward pleaded not guilty and was convicted as charged. Cirveau first pleaded not guilty and then withdrew that plea and entered a plea of guilty. Testimony was taken by the court to establish the degree of robbery as to defendant Cirveau. As to defendant Cirveau the court found the degree to be first degree. Cirveau alone appeals fro...
Views: 0
This is an action for damages for injuries suffered by the minor plaintiff when he was struck by a truck owned by the defendant Haddock and driven by the defendant Harger while on a school ground in Fresno, and for medical and other expenses incurred by the father of the boy. The accident occurred at 4:15 on the afternoon of April 23, 1945, while dirt was being hauled in to fill some low places...
Views: 14
Page 1207
This is an appeal from an order of the Superior Court of Los Angeles County determining the custody of minor children. The mother secured an interlocutory judgment of. divorce on January 15, 1946, in which judgment it was provided “that the sole care, custody and control of the two minor children of the parties is awarded to the plaintiff, subject to the right of reasonable visitation on the part...
Views: 13
Plaintiff instituted this action to recover damages for the alleged wrongful death of her husband, *385Bennie Siegell, which occurred on July 23, 1945, as the result of a collision between an “Army” jeep operated by the deceased, a member of the armed forces of the United States, and a truck operated by the defendant York and owned by the other defendants. By her first amended complaint, plaintiff...
Views: 0
The herein alleges that on February 8, 1944, the appellants Brown engaged the respondent J ones, an attorney at law, to prosecute an action for damages
*391
against one Gerald J. Altfilisch. The damages in question were alleged to have been suffered by Caroline Brown as a result of being struck by an automobile driven by the said Altfilisch. It is further alleged that the responden...
Views: 2
This is an appeal from an order of the superior court admitting an instrument dated March 10, 1947, to probate as the last will of Estella Gardener, deceased. The record on appeal is presented in an agreed statement on appeal to which is attached a photostatic copy of the document. From that agreed statement we quote the following: “The decedent, a woman of seventy-seven years of age, was struc...
Views: 1
Carl August Hoff and Anita Hoff, husband and wife, were convicted in a court trial of the possession of marijuana (Indian hemp) in violation of section 11500, Health and Safety Code, and Anita, Hoff appeals from the judgment. The sole ground of appeal is that the evidence was insufficient in law to prove commission of the offense by appellant. Appellant a night singer; her manager; they lived i...
Views: 9
This action was brought by the heirs of Felix Wilkerson for damages occasioned by his death as a result of a motor vehicle collision. A jury returned a verdict for defendants. A new trial was denied. Negligence of defendant driver and contributory negligence of the deceased were pleaded. The accident happened on March 27, 1946, about 5:30 a. m. at the intersection of Grove and Merrill Avenues i...
Views: 11
Stewart Edward White, the well-known author, died testate. The portions of his will pertinent here are: article III, (h). “All of the remainder of the personal property included in my estate, such as furniture, rugs, manuscripts, mementoes, and articles of historical interest, with the exception of those herein specifically bequeathed and expressly excepting any and all securities, I give and b...
Views: 3
Page 1214
On July 18, Ora Lee Elliston suffered a head injury in an industrial accident. He was hospitalized for a short period and then returned to work. He suffered severe headaches and other ills and was forced to be frequently absent from work. His condition progressively grew worse until in December, 1945, he became completely paralyzed on the left side. The employer and its insurance carrier, while di...
Views: 4
This an action by plaintiff, Eva Wilson, for money had and received, against the defendants to recover from them certain payments which she had made on the purchase price of real estate. There is also a cross-complaint by Clyde J. Broadnax, defendant and respondent, against Ethel M. Moore, the seller of the property in question, to recover a real estate commission. The judgment was in favor of the...
Views: 8
The plaintiffs, all civil service employees of the defendant city and county and employed by it as automotive machinists and mechanics, by this proceeding in mandate, for an injunction and for declaratory relief, sought and secured an adjudication that under section 151.3 of . the city and county charter they are entitled to receive rates of pay for their services identical with that received i...
Views: 11
This is an appeal from a judgment given on the retrial of an action after reversal of a former judgment.
(Penaat
v.
Terwilliger,
23 Cal.2d 865 [147 P.2d 552].) In the first trial a ruling was made that plaintiff’s title was defective in that the required publication in a newspaper of a delinquent tax list appeared in a
supplement
to the newspaper. (Pol. Code, §§...
Views: 5
The plaintiff herein, at the date of filing of the complaint an infant of the age of 9 months, is the son of Ann and Herbert Rudley, who were married in 1940. According to the complaint, “Until the 5'th day of May, 1946, the plaintiff’s father was a devoted parent, faithfully and affectionately discharging the duties and obligations of a father.” Commencing approximately on that date, the defenda...
Views: 5
This is an action for damages for the loss of a tank truck and trailer, which was destroyed by fire about four a. m. on August 21, 1945.
The Shell Oil Company maintained a crude oil pump station near Wasco, consisting of a small building with a boiler room to the east, an engine room to the west, and a small office near the center of its north side. This office had an outside door to the n...
Views: 8
This is an appeal from an order vacating, annulling and setting aside a final decree of divorce. The motion to vacate was made upon an “affidavit of said defendant and cross-complainant, David Karlsson, . . . and upon all the pleadings, records, papers, files and judgments entered and filed in said action.” In addition the testimony of defendant and his attorney was introduced. Louise Luellah K...
Views: 6
Appellants were jointly charged and tried before a jury upon three counts, violation of section 503 of the Vehicle Code, grand theft of an automobile and conspiracy to commit burglary. They were acquitted of grand theft but were convicted upon each of the other two counts. They join in this appeal from the judgment of conviction. In the early morning hours, about 3:30 a. m., three police office...
Views: 18
This is an appeal from an order denying the defendant’s motion for a change of venue. The complaint alleges that the plaintiff and defendant are the parents of three minor children; that for more than a year prior to December, 1945, they all resided in Kern County; that in December, 1945, the defendant deserted and abandoned the plaintiff and said children; that these children have remained wit...
Views: 0
Appeal by defendant from a judgment for plaintiffs in a suit to reform a sublease.
Plaintiffs are lessees under a written lease made July 24, 1941, for a term of 10 years from September 1, 1941, of improved real property in Long Beach. The lease provides for payment as rental of a sum “equal to seven percent (7%) on
*486
all sales and business transacted (as hereinafter define...
Views: 7
This is an appeal by defendants from a judgment requiring them to convey to plaintiffs a parcel of real property for a consideration of $8,500, pursuant to a written contract between the parties.
The agreement was in the form of escrow instructions to Broadway State Bank, dated December 10, 1945, which were duly executed by plaintiffs and defendants, respectively the buyers and the sellers...
Views: 1
The facts in this case are not in dispute. Jesse Laurence died in California on February 12, 1930, leaving a small estate which, after administration by the public administrator, was distributed to decedent’s mother, Julia Candida de Jesus, “residing at Terceira, Azores Islands,” in June, 1931. The estate so distributed consisted of $431.17 in cash. It was never collected by the distributee, bu...
Views: 3
The defendants were charged with burglary in having entered a service station in Santa Ana with the intent to commit theft. They were represented by the public defender and all pleaded not guilty. A verdict of guilty as to each was returned by a jury and various sentences were imposed. The defendant Smith, who admitted a prior conviction, was sentenced to San Quentin and he alone has appealed fro...
Views: 21
Defendant was convicted of the crime of conspiracy to commit robbery and was sentenced to confinement in the penitentiary. After sentence was pronounced he was returned to the court which then found that the robbery involved was in the first degree. Allen Smith Renick, Joseph Rock and defendant were jointly charged with conspiracy to commit robbery. The evidence shows they met on a street in the c...
Views: 7
This raises the same question involved in Sandstrom v. California Horse Racing Board, 31 Cal.2d 401 [189 P.2d 17], namely, the validity of rule 313 of the Rules of Racing of the California Horse Racing Board (tit. 4, Cal. Adm. Code, § 1930) which provides in part: “The trainer shall be the absolute insurer of and responsible for the condition of the horses entered in a race, regardless of the...
Views: 2
This appeal involves the question of whether the trial court abused its discretion in refusing to open up a default, and the question of whether, where two actions involving the same parties and subject matter are filed in the same county, the court has power to proceed in the action secondly filed.
On April 15, 1946, Fred Kromm filed a divorce action against his wife, Ruth Kromm, in San M...
Views: 4
Defendant Graves and one Pinkston were accused of the crime of violation of section 11500 of the Health and Safety Code, in that, on March 31, 1947, they unlawfully had in their possession a preparation of opium. Upon stipulation, the People’s case as to defendant Graves was “submitted on the transcript of testimony taken at the preliminary hearing and the exhibit, which exhibit is admitted in ev...
Views: 12
By his complaint plaintiff sought to have declared his tenancy as a subtenant of defendants in certain business property located in the city of Vallejo, and that defendants be estopped to deny his tenancy during the term of his alleged lease. Defendants answered denying generally the allegations of plaintiff’s complaint, and sought damages and restitution of the premises, as stated in their cross-...
Views: 6
Appellant seeks a reversal of an order appointing the Wells Fargo Bank & Union Trust Company, guardian *543of the estate of Cora Stone Peterson, an incompetent person, upon the ground of the court’s lack of jurisdiction and the ground of insufficient evidentiary support.
Appellant contends that the several requirements of section 1461 of the Probate Code must be strictly followed before jurisdicti...
Views: 0
Appeal from an order appointing Gertrude Burrows guardian of the person of Cora Stone Peterson, entered approximately two months after an order appointing a guardian of the estate, this day affirmed. (In re Guardianship of Peterson, ante, p. 541 [191 P.2d 98].) In view of this court’s ruling that the trial court was vested with jurisdiction throughout the proceedings in the lower court, it is appa...
Views: 5
Plaintiff sued for specific performance of a written contract to sell real property. Judgment of non-suit was entered on the ground that plaintiff had failed to prove a case for specific performance.
The contract called for the payment of $1,000 down (which was paid) and a balance of $6,500 to he paid to a designated title company upon payment of which the seller was to deliver to the same...
Views: 1
Plaintiff sued for specific performance of a written contract to sell real property. Judgment went to defendants. The defendants were an elderly couple who, without independent advice, were persuaded by plaintiff to sign an agreement to sell their home property for $16,000 on a down payment of $1,000, the balance covered by unsecured promissory notes providing.instalment payments over a period ...
Views: 8
The questions for decision are (1) whether letter No. 1 written by respondents expresses their total obligation to appellant; (2) whether it was so modified by their letter No. 2 written seven months later as thereby to enlarge their debt to appellant; (3) whether the court erred in ex-*554eluding appellant’s offer of parol evidence to prove that letter No. 2 was intended as such modification of l...
Views: 2
The question for decision in these consolidated appeals is whether such due diligence had been employed during the five years following entry of judgment as required the trial court in the exercise of a sound discretion to order the issuance of execution some 13 years after, date of judgment. Two judgments were entered by the Superior Court of Los Angeles County in favor of appellant and agains...
Views: 7
Appellant sued for from the death of his son Harold, age 10, alleged to have been
*572
caused by the negligence of respondents. From the judgment based upon a verdict he now demands a reversal on the grounds of (1) insufficiency of the evidence and (2) errors in giving and refusing instructions.
Evidence Sufficient
Lopez was the truck driver for Hernandez. Having arrived ...
Views: 1
This is an action a claim against the estate of decedent Hunt. During a portion of her lifetime the lady was an indigent resident of Los Angeles county, incapacitated by disease or accident and not supported by relatives or friends or by anyone except respondent. While she was so incapacitated and indigent respondent provided her with hospitalization, medical attention, treatments, serums, and ot...
Views: 11
Appellant was accused of grand theft in count 1 of the information, of extortion in count 2 and of attempted extortion in count 3. A jury acquitted him of count 1 which was a charge of grand theft based upon the same facts recited in count 2, but he was convicted of counts 2 and 3. His motion for a new trial having been denied he now appeals on the grounds (1) of the insufficiency of the evidence...
Views: 12
The respondentson this appeal were all employed by the Market Street Railway Company at the time of the acquisition of its system by the city and county of San Francisco on September 29, 1944; and were all “blanketed in” to employment by the city and county as employees of the Municipal Railway, of which the previous Market Street Railway system upon its acquisition became a part. This was done p...
Views: 4
This is an appeal from a judgment for defendant, in an action in declaratory relief to determine the respective rights, duties and liabilities of the parties under a policy of indemnity insurance written by defendant, the insurer, indemnifying plaintiffs, the insured, against loss or claim of damage under certain circumstances.
The general terms of the policy were broad enough to cover the...
Views: 13
Plaintiff’s complaint was filed in Merced County on October 15, 1946, and defendant was duly served *607 in Fresno County on October 17, 1946. On November 18, 1946, more than 30 days after service, default judgment was entered against defendant, and on the following day satisfaction of judgment was entered.. The record discloses no further action of any Mnd until January 27, 1947, when counse...
Views: 4
Defendants, husband and wife, have appealed from a judgment against them, in an action tried before the court without a jury, for the balance due under the terms of a written agreement. In the agreement defendants are described as “First Party,” plaintiff as “Third Party,” Pacific Linen Supply Company, a corporation, as “Second Party,” and Attorney George Appel, who acted as a trustee, as “Fourth ...
Views: 0
This is an appeal by Transport Oil Company, herein called Transport, from a judgment denying it damages against Exeter Oil Company, Ltd., herein called Exeter. The action arose as a consequence of Exeter’s abandonment, in January 1942, of a certain oil leasehold located in the Signal Hill oil field at Long Beach, California, and of Exeter’s agreement to operate the property for Transport.
...
Views: 3
The paternal grandmother of David Theodore White, Jr., was appointed guardian of the person and estate of said minor child, who was 2% years of age. Upon subsequent petition of the mother of the child, which was served on both the guardian and the father of the child, the probate court terminated the guardianship, under section *6261580, subdivision 8, of the Probate Code, and awarded his custody ...
Views: 7
This is an appeal from an order denying a motion for a new trial made under section 953e of the Code of Civil Procedure. The action is one for a divorce on the grounds of extreme cruelty, for a division of community property, and for an allowance for support and maintenance. The court found in favor of the plaintiff, allowed her $3,000 from the community property, and ordered the defendant to p...
Views: 2
This appeal is from a judgment dismissing the action after the trial court had sustained the demurrer of defendant Crocker First National Bank of San Francisco without leave to amend. Defendant I.X.L. Mining . Company is a foreign corporation, was not served with summons and was not before the court.
*639
The amended complaint after first alleging the corporate existence of both d...
Views: 4
Defendant was convicted of murder in the first degree, with recommendation of life imprisonment. This conviction was affirmed in People v. Coston, 82 Cal.App.2d 23 [185 P.2d 632], Thereafter, he moved the superior court to vacate and set aside the judgment of conviction, claiming that the information upon which the conviction was based charged second degree murder only. This contention is mad...
Views: 8
This is an action for divorce. At the time of the trial it was announced in behalf of plaintiff that no evidence would be introduced in support of the complaint. Therefore, the case proceeded to trial upon the issues raised by the cross-complaint filed by the wife and the answer thereto. An interlocutory decree was granted to the wife on the grounds of extreme cruelty and adultery. She appealed f...
Views: 13
This is an appeal by L. E. Jubelt from an order, made on the motion of the intervener, releasing an attachment in an action wherein L. E. Jubelt and Mildred Jubelt, his wife, are plaintiffs, and Garnett Sketers and Grace Sketers, his wife, are defendants. Intervener claims ownership
*654
of the attached property by reason of its transfer to him by defendants.
The complaint fil...
Views: 1
In the first cause of action set forth in the amended complaint, it is alleged that within three years last passed defendants “wilfully, wrongfully and illegally converted to their own use,” certain personal property; together with a demand for the return, and damages in the sum of $20,000 by reason of such conversion. The second cause of action alleged defendants wilfully, wrongfully and illeg...
Views: 2
This is an appeal from the judgment in an action for specific performance.
*664
The complaint alleges in substance that plaintiff agreed to buy and defendant to sell certain real property; that plaintiff performed and that defendant refused to perform. The court found for the defendant and judgment was entered accordingly.
It is contended on appeal that the evidence, “does no...
Views: 1
Thomas McCormack and two others, constituting the Board of Trustees of Reclamation District No. 1000 (a public corporation), instituted this proceeding in behalf of the district, seeking a writ of mandate to compel Ray G. Houston, as County Treasurer and Ex-officio Trustee of the district, to transfer a portion of the moneys now in two certain designated Reserve Funds to the Bond Interest and Bond...
Views: 0
By this proceeding the Board of Supervisors of the County of Merced and the Merced Union High School District seek a writ of mandate to compel respondent, who is the county clerk of Merced County, to sign certain bonds in the sum of $800,000, which bonds were voted at a special election held by the Merced Union High School District on May 16, 1947, for the purpose of securing authorization to iss...
Views: 6
The defendant was convicted of the crime of murder in the second degree, and has appealed from the judgment and the order of the trial court denying his motion for a new trial. Inasmuch as one of the grounds for reversal urged by appellant is the alleged insufficiency of the evidence we have reviewed in detail the facts of the case, as we must, in the light most favorable to the verdict of the ...
Views: 3
On September 11, 1946, the trial court ordered specific performance of a contract for the sale of real property. On January 3, 1946, plaintiff and defendant entered into an agreement in the form of written instructions signed by both and deposited with the title company for the *695sale to plaintiff of certain real property of defendant consisting of 40 acres of orchard and vineyard situated near ...
Views: 0
Plaintiff sued for the unpaid balance on a subcontract. The trial court found that the final payment on the contract was not then due and gave judgment for the defendant. The general or major contract was between the United States Maritime Commission and Kaiser Company, Incorporated and called for the construction of dormitories and a recreation building. The company sublet to another association ...
Views: 2
The defendants have appealed from an order made ex parte May 7, 1947 appointing R. E. Allen, Receiver, and an order made after a hearing on May 9, 1947 continuing the receivership. The complaint is one to
*703
quiet title to 17 acres in Glendora, California on which is located a citrus grove and a private residence. Attached to the defendants’ answer is a contract between Houston A...
Views: 0
On April 28,1947, appellant was convicted by a jury on both counts of an information which charged him, in the first count, of an assault upon the person of one L. T. Releford with a deadly weapon, to wit, a .38 calibre revolver, and, in the second count, with having in his possession the said revolver he previously having been convicted of a felony in the State of Texas and served a term of im...
Views: 12
Appellants, H. W. Roberts, D. E. Roberts and N. D. Spencer, assert ownership of the equipment and business operated under the name of Frozen Food Shop, which they claim to have purchased from Norman D. Twitch-ell and Edward Barrett, Jr., for the sum of $10,000. The controversy is between them and respondent, William Lawson, who holds judgment against Edward Barrett, Sr., under which he has caused...
Views: 0
On the 26th day of September, 1944, at about 5:45 a.m., at a point on U. S. Highway 60, some 13 *723miles east of the city of Riverside, a Hudson car belonging to appellant, Mary Hetherington, and being operated by her husband, Dr. Albert J. Hetherington, in an easterly direction, collided with a Ford car being driven by one James Keesheen in a westerly direction, the left front portions of the tw...
Views: 1
Appellant is the widow of John Arthur Somers, deceased. . The decedent died testate leaving an estate which has been appraised at $78,000. He bequeathed $10,000 to appellant, the principal beneficiary of his will being an adult son by a prior marriage. The only real property in the estate is improved with a building consisting of five apartments and was appraised at $25,000. From the rental of th...
Views: 0
The corporate plaintiff recovered a judgment for $11,069.66 against defendants William Harrah, Margaret Harrah Schroter, John Harrah, Carleton Kinney and Venice Amusement Company in an action for damages arising out of an alleged fraudulent conspiracy perpetrated against the plaintiff by said defendants. The latter have perfected this appeal from such judgment.
It appears from the record h...
Views: 0
This is an appeal by defendant from a judgment in the amount of $2,250, which sum plaintiff had paid to defendant on account of the purchase of a machine which was not furnished or-delivered to plaintiff. A machine was shipped to plaintiff by W. E. Brandt,"of Pittsburgh, but it did not meet the specifications of plaintiff’s order. It was rejected by plaintiff and was sold for a nominal sum to m...
Views: 6
Page 1266
Thelma Hynes, the mother of Darlene Staser, a minor, by means of habeas corpus, seeks the release of said minor after she was adjudged by the Juvenile Court of Sacramento County to be a ward of the court and was placed in the custody of The University Mound Training School of San Francisco.
It is claimed the juvenile court lacked jurisdiction to declare the minor a ward of the court for th...
Views: 8
84 Cal.App.2d 754 (1948)
HOBERT JENSEN, as Executor, etc., Respondent,
v.
ELEANOR JENSEN, Appellant.
Civ. No. 3710.
California Court of Appeals. Fourth Dist.
Apr. 7, 1948.
Martin C. Thuesen, Iener W. Nielsen and William F. Partlow for Appellant.
Chester E. Shepard, Pauline Davis and Dorsey K. Dwelle for Respondent.
BARNARD, P. J.
This is an action to quiet title to a house and lot in Selma...
Views: 3
From an order granting plaintiff’s motion for a new trial in an action to recover damages for personal injuries resulting from a collision between an automobile operated by plaintiff and a passenger train of corporate defendant, defendants appeal. These are the undisputed facts: Plaintiff’s attorney, whose office was located in the courthouse building in Pomona, which building is situated within 2...
Views: 2
This is an action to quiet title of plaintiffs and respondents in and to 410 acres of oil and gas leasehold interests covering 460 acres in the aggregate.
The complaint was filed on June 8, 1946. Defendants and appellants appeared by answer, denied plaintiffs’ ownership and right of possession and set up, as substantiating their claim, that they had a one-half interest, by reason of a part...
Views: 1
Defendants and appellants, brothers, were charged with and were convicted by a jury of the crime of burglary, first degree, with intent to commit rape. On the night of July 30, 1947, Mrs. Bertoldo lived with her husband and two daughters, Virginia, aged 15, and Helen, in a little house in Visalia. About 12 o ’clock midnight, someone came to the kitchen, turned on the light, closed the bedroom d...
Views: 9
84 Cal. App. 2d 783 (1948)
Estate of WALTER SECORD, Deceased. FANNIE SHLIFF SECORD, Appellant,
v.
MURIEL ANN SECORD et al., Respondents.
Civ. No. 13492.
California Court of Appeals. First Dist., Div. Two.
Apr. 12, 1948.
Abraham Setzer for Appellant.
Gregory S. Stout, Macklin Fleming, Heller, Ehrman, White & McAuliffe for Respondents.
OGDEN, J. pro tem.
This is an appeal from an order d...
Views: 15
Appellants were jointly charged and tried before a jury upon two counts, the first charging them with the crime of conspiracy to violate section 347 of the Penal Code and the second charging the completed offense denounced in the same code section. Penal Code, section 347, provides, insofar as it is applicable here, “Every person who wilfully mingles any poison with any food, drink, or medicine, w...
Views: 1
84 Cal. App. 2d 802 (1948)
MARGARET BALASCO, Appellant,
v.
RALPH OSCAR CHICK et al., Respondents.
Civ. No. 15954.
California Court of Appeals. Second Dist., Div. One.
Apr. 12, 1948.
Melvin Simon and Alexander Oster for Appellant.
Forrest A. Betts and Crider, Runkle & Tilson for Respondents.
WHITE, J.
Action for damages on account of alleged negligence. Judgment for defendants, from whi...
Views: 12
Page 1274
This is an appeal from a judgment rendered in favor of the plaintiff for $5,000 on an action brought by him for the breach of the following agreement:
“October 5, 1945
“In consideration of services rendered by Harry Jaffe to the undersigned in connection with the transfer of possession of the Hermoyne Apartments, the subject of Pacific States Savings and Loan Company sales file H-4, t...
Views: 4
Respondent (defendant) Elizabeth C. Copel and moves to dismiss this appeal from an order of the trial court granting said respondent’s motion to set aside her default and permit her to file an answer for the reason that an order setting aside a default before a judgment has been entered is not an appealable order.
This proposition is tenable and is governed by this rule: An order granting a motio...
Views: 0
The principal question here is whether the liability of sureties on an attachment bond continues in whole or in part after the filing of a supersedeas bond on appeal.
On July 10,1944, one Fruns commenced suit in the Superior Court of Santa Clara County against the Albertsworths (plaintiffs herein). That a writ of attachment might issue, defendant indemnity company filed an undertaking in the amoun...
Views: 4
This is an appeal from a judgment of dismissal entered after a demurrer to plaintiff’s complaint was sustained and plaintiff failed to amend within the time allowed. Plaintiff alleges in his complaint: “This plaintiff and his mother, Carrie F. Levi, were the ancient occupants of the following described property. . . . “The said Carrie F. Levi died testate ... on the 3rd day of October, 1942...
Views: 1
In this action in unlawful detainer, plaintiff obtained judgment for possession of the premises and for treble damages in the sum of $945. Plaintiff’s motion for judgment on- the pleadings, as to the issue of possession, was granted. Testimony was received upon the issue of damages. Defendant Williams appeals from the judgment.
Plaintiff commenced the action without having complied with th...
Views: 4
Petition for a writ of prohibition. Petitioners seek in this proceeding to prevent the respondent superior court from further proceeding, except to dismiss, an action commenced by the respondent commission against petitioners. The record discloses the following chronology: November 2, 1943—complaint filed and summons issued, but it was never served. April 14, 1944—the original summons was returned...
Views: 0
Petition for a writ of prohibition. Petitioners seek in this proceeding to prevent respondent *842superior court from further proceeding, except to dismiss, an action commenced by the respondent commission against petitioners. The record discloses the following chronology: October 29,1943—complaint filed and summons issued. April 13, 1944—amended complaint filed and summons issued. April 18,1944—a...
Views: 0
Petition for a writ of prohibition. Petitioners seek in this proceeding to prevent respondent superior court from further proceeding, except to dismiss, an action commenced by respondent commission against petitioners. The record discloses the following chronology: April 7,1944—complaint filed and summons issued. April 18,1944—complaint and summons served. April 27,1944—stipulation extending time ...
Views: 0
This is an action for annulment of marriage. Plaintiff appeals (1) from the paragraph of the judgment which adjudges that plaintiff had made a valid oral gift to defendant of a joint tenancy bank account prior to the commencement of the action, and (2) from an order denying plaintiff’s motion made pursuant to section 663 of the Code of Civil Procedure to vacate that paragraph and to enter judgmen...
Views: 5
Plaintiff-appellant has petitioned this court for a writ of supersedeas to suspend proceedings pursuant to a judgment of the superior court awarding custody of the minor daughter of the parties to defendant-respondent. In October, 1945, an interlocutory decree of divorce was granted to plaintiff and sole custody of the child was awarded to him. He has had custody ever since that date until May 20,...
Views: 0
This action for damages arose out of a collision between an empty Ford truck, owned by the defendant Smith and driven by his employee the defendant Trimble, and a loaded panel truck owned by the plaintiff Robbins and driven by the plaintiff Bragg. For convenience, we will refer to these drivers, respectively, as the defendant and the plaintiff. *12 The collision occurred at about 7:40 a. m. o...
Views: 7
This is an appeal from a judgment decreeing that the northerly 15 feet of property owned by defendants in San Ysidro in San Diego County, is subject to an easement in the plaintiff for egress and ingress as a part of an easement for public street purposes and enjoining defendants from blocking or in any way interfering with the passage of plaintiff or his agents or assigns over the easement. We...
Views: 2
Page 1287
Two actions for rent were- consolidated for trial. The defendant cross-complained to establish a rescission on the ground, among others, of failure of consideration and to recover back $2,500 already paid as rent. Judgment went against plaintiffs and for defendant on the cross-complaint. From this judgment plaintiffs appeal. The parties entered into a written contract of lease on May 14, 1946. ...
Views: 1
this action to quiet title to real property, based on a tax deed, judgment was in favor of plaintiff. Defendants Nolan, who alleged ownership in themselves, appeal from the judgment. The property was duly assessed for taxation in 1932. The taxes so assessed were not paid, and the property was sold by the tax collector to the State of California on September 2, 1933, for nonpayment of such delin...
Views: 3
Page 1289
This action arose out of an accident in which the minor plaintiff, who was 22 months old, was struck by an automobile which was being backed by the defendant Mrs. Smith. The accident occurred about 3 p. m. on January 3, 1946, in the intersection of 42d Street and East Canterbury Drive in San Diego. In a real sense, this is not an intersection but these two streets come together in the form of a...
Views: 3
The defendants, three partners operating a cocktail lounge in Albany, California, known as the “Palm Gardens,” appeal from a judgment awarding plaintiff $4,500 in damages for the breach by defendants of an oral annual year to year lease for certain restaurant premises and facilities located in the cocktail lounge. Defendants also notice an appeal from the order denying their motion for a new tr...
Views: 6
Plaintiff and appellant owns a home in Tiburón. This action was brought by him against the county of Marin and respondent Bagshaw as the member of the board of supervisors of that county having supervision of and responsibility for road work and surface water drainage improvements in the supervisorial district wherein Tiburón is located upon the claim that appellant’s property was damaged by fl...
Views: 0
In this action for damages resulting from alleged negligence in the removal of a tooth, plaintiff appeals from a judgment on verdict in favor of defendant.
Plaintiff’s dentist advised the removal of an impacted wisdom tooth and defendant, a specialist, performed the operation. While plaintiff was under an anaesthetic defendant chiseled away the bone over the tooth, removed the
*55
...
Views: 11
Appeal by plaintiffs from a judgment of nonsuit in an action for damages based upon the termination of a gasoline service station sublease. One Vales owned a lot on Manchester Avenue in Inglewood. Plaintiff, Lawrence A. Jennings, took a five-year lease running from November 1, 1941, on a portion of the lot, a garage building and wash rack, at a rental of $40 per month. Vales built a service sta...
Views: 1
On March 2,1945, Albert H. J oslin entered into a contract to sell to S. B. Satchwell, et al., certain real and personal property for $5,600. A cash payment of $1,500 ivas made, and the balance, together with interest, was to be paid at the rate of $35 per month. These monthly payments were made for a time, same being paid to the Bank of Willits and by the latter to J oslin.
On September 1...
Views: 0
In an automobile accident occurring on Highway 99 a short distance north of Madera on July 24,1946, Roger Davis Green and Richard Francis Rogers were killed. These actions were thereafter instituted by the respective widows and children of said decedents, seeking the recovery of damages from John Uarte, the driver of a Ford sedan, and Golden State Company, Limited, the owner of certain trucking...
Views: 6
Appeal from a judgment of the Superior Court of San Francisco after order sustaining demurrers of respondents city and county of San Francisco and State of California without leave to amend. The main question here is whether the adoption in 1945 of section 175 of the Revenue and Taxation Code repealed by implication section 3637 of that code. Appellant, Henry Wong Him, was the owner of two lots in...
Views: 1
Defendant was charged with the murder of one Robert Harvey Pergerson, and was convicted of the crime of manslaughter, from which conviction, as well as from the order denying a new trial, she appeals, mating two contentions : (1) that certain testimony as to alleged accusatory statements in her presence was inadmissible; (2) that the evidence for the prosecution “is so far outweighed by evidence ...
Views: 7
Three actions in mandate, one in injunction, and one in declaratory relief were consolidated for trial. All involved the question of the power of the defendant board to adopt rules governing the examination and licensing of chiropractors. Three of the plaintiffs sought mandate to admit them to examination though they had not completed the hours of study required by the rules of the board. One s...
Views: 3
Page 1299
Petitioner seeks review of an award of 100 per cent permanent disability for injuries claimed to have occurred to the respondent Holt during the course of his employment.
There is no dispute that the employee suffered a blow on the elbow while applying a wrench, and jerked his head backward and fell to the floor; that he thereafter complained of severe pains in his neck, arm and lower back...
Views: 11
Plaintiff has appealed from a judgment for defendant entered upon the verdict of a jury in an action for damages for personal injuries. The injuries were sustained as the result of an explosion which occurred when the plaintiff lifted the lid of a Coca-Cola vending machine located on the premises of a Union Oil service station where plaintiff was employed as manager. The explosion or eruption w...
Views: 1
Victor C. Emden died on August 31, 1945. Shortly before his death he executed two wills, both of which were offered for probate. The first of these was dated June 30, 1945, and by its provisions the bulk of his estate was left to his
*117
only son, Courtland, the issue of his first marriage, with certain bequests to his nurse, Nita Dubail, and a small bequest to his second wife, Sa...
Views: 0
Petition for a writ of mandate to compel respondent superior court to amend an interlocutory judgment of divorce.
No appearance has been made for the superior court. Helen Sanders LaMar, the real party in interest, has appeared and filed a demurrer to the petition which contains an argument but states no grounds for the demurrer. It will therefore be overruled. She also filed an unverified...
Views: 13
Frank L. Leard and Earl W. Callaway, individually and as copartners, appeal from two orders charging the interest of Clyde E. Callaway in a partnership business operating the “Montana Club and Hotel, Ltd.” at San Francisco, and composed of said appellants, said Clyde E. Callaway and M. Lerner with the payment of the unsatisfied portion of a judgment in favor of respondents Ribero and appointing...
Views: 2
In these two cases (consolidated on appeal for briefs, arguments and decision) the State Board of Equalization appeals from two orders directing the issuance of peremptory writs of mandate.
The order in the Wilkinson case directs the board and its members to refrain from imposing any sentence, suspension or penalty on petitioners. The petition shows that on December 12, 1946, the board made an ord...
Views: 11
Having procured a competent offer to buy certain realty and an acceptance thereof by the owners who had listed the property with the corporate respondent, appellant as selling agent sued to recover his portion of the brokerage paid to the corporation. His suit having been rejected below, he demands a reversal of the judgment on the ground that his task as salesman was finished when the offer of th...
Views: 0
Having executed a writing which bound her to purchase an eight-unit apartment building in Beverly Hills for the sum of $67,500 from defendants Bearce, plaintiff effected a mutual rescission of the agreement of sale. This action was instituted by her for the purpose of enforcing her rescission of (1) the contract of purchase and (2) the compromise and release from that contract. The resulting decre...
Views: 0
The two appeals herein are effectually from the same order: one from the minute entry of the court’s decision; the other from the documentary order modifying the interlocutory judgment of divorce which had been previously entered. Pursuant to a stipulation made then in open court the movable properties and money of the parties were apportioned by the decree. That document provided: “It is furth...
Views: 10
J.An alternative writ of prohibition was granted against respondent court’s further proceeding with an investigation of an accusation which had been made by petitioner Townsend concerning the alteration of a transcript of the evidence theretofore taken in the case of Martin v. Whitlow, No. 31280, in the same court. Upon the petition, the demurrer and answer this court is now to determine whet...
Views: 13
This is an action by the holder of a promissory note secured by deed of trust to recover damages resulting from a breach of a covenant of the trust deed “to protect, preserve and defend said property and the title thereto.' ’ Plaintiff appeals from a judgment of dismissal after order sustaining without leave to amend a demurrer to a fourth amended complaint. The note was for $2,400, payable to ...
Views: 8
This is an action for damages for an alleged breach of a contract of employment. On October 1, 1945, the Swansons took possession of a store and living quarters owned by the Tearneys, under an agreement that they would manage the store for the owners "‘for one year with the option of a longer term, ’ ’ and that the net profits were to be divided equally between them each month. On October 18, 1946...
Views: 2
Appellant sued for personal injuries alleged to have been sustained on June 7,1944, through the negligent operation of the streetcar of the municipal railway on which she was a passenger. The complaint shows that on August 29, 1944, a verified claim for damages was presented to the controller of the city. In its answer the city pleaded that appellant had failed to comply with the provisions of sec...
Views: 1
On February 25, 1945, about 8:30 p.m., Orville H. McCune, accompanied by Mrs. Bernice McCune as the only passenger, attempted to drive a 1940 Chevrolet coupe north across the' tracks of the defendant railway company at the intersection of Huntington Drive and Van Horne Avenue, a railroad grade crossing on the outskirts of the city of Los Angeles. The Chevrolet was struck by a two-car train proceed...
Views: 0
Plaintiff appeals from those portions of an interlocutory judgment granting her a divorce from defendant whereby the court adjudged (1) “that there is no community property belonging to the parties hereto, except two vacant lots in San Fernando, ... of the value of approximately $1,000.00, and that the parties in and by a written agreement of August 31, 1943, adjusted and settled community proper...
Views: 6
Defendant was convicted on three counts of violation of provisions of the Health and Safety Code covering transportation of marihuana, its possession, and the possession of opium and heroin; also on a fourth count, possession of prohibited firearms, capable of being concealed upon the person, by one who had been convicted of a felony. The information further alleged the conviction of a felony, na...
Views: 8
This is an appeal by defendant landlord from a judgment entered upon the verdict of a jury in favor of plaintiff tenants, husband and wife, in an action for damages for personal injuries to the wife caused by the falling of a wall bed in a furnished apartment. The complaint charged that plaintiffs were tenants under a month-to-month tenancy of an apartment which, “among other rooms, includes a ...
Views: 4
Action to foreclose mechanic’s lien and to recover money judgment. Under written agreement plaintiff agreed to build and construct a building or night club for defendants, which building was completed. He filed a complaint in four counts.- Count 1 was for the fair and reasonable value of his services performed and for the material bought for defendants; Counts 2 and 3 are alternative statements...
Views: 10
This is an appeal from a judgment entered in the superior court of the city and county of San Francisco awarding Ruth Stickney Bolden, formerly Ruth Stickney Davies, the sum of $3,675.85 together with interest and costs. The judgment was based upon a previous judgment in a divorce action in favor of plaintiff and against defendant wherein it was decreed that defendant should make certain monthly p...
Views: 0
This is an appeal from an order granting defendant’s motion to set aside a default. Appellant filed an action for divorce on July 25, 1947; summons and complaint were served; default was- entered August 21, 1947; the trial on the default was held September 15, 1947, and judgment entered September-18, 1947; on September 23, 1947, defendant served notice of intention of a motion to set aside the def...
Views: 0
This is an appeal from an order denying a petition to intervene in a divorce action, and also from an order denying a rehearing therein.
*243
The complaint for divorce was filed by plaintiff husband on January 9, 1947, and pleads two causes of action: (1) extreme cruelty prior to separation which is alleged to have occurred on April 3, 1941, and (2) desertion.
The amended ans...
Views: 2
The superior court made an “Order Denying Petition to Levy Execution on Homestead” in a proceeding brought under the provisions of sections 1245 to 1258, inclusive, of the Civil Code. The petitioner therein appeals. The questions raised concern the effect of a certain declaration of homestead upon the property of respondents, who at all times herein mentioned were, and are, husband and wife.
In 19...
Views: 12
This is a quiet title action involving a number of lots in the city of Westmorland.
The plaintiff claims title under various deeds obtained through sales of the lots for nonpayment of assessments levied by the irrigation district. These deeds were taken, respectively, in the years 1935, 1937, 1938, 1939, 1941, 1942 and 1945. In each instance, the deed was given for one year’s *265delinquency, bein...
Views: 0
This is an appeal from the judgment by defendant in an action alleged to be for declaratory relief. The complaint alleges that plaintiff was in the business of “growing, cultivating, harvesting and marketing dates and date by-products which are grown upon real property owned and operated by plaintiff”; that defendant is engaged in the business of “grading, packing, reconditioning, storing, shippin...
Views: 0
The present controversy concerning responsibility for the murder of Mary Annette Struck on April 5, 1943, has been before the courts on several different occasions. The defendant’s first conviction of murder, with punishment fixed at life imprisonment, was reversed in People v. Weatherford, 27 Cal.2d 401 [164 P.2d 753]. After a second trial of the appellant, a similar verdict of guilty was re...
Views: 3
On May 12, 1948, petitioner filed a statement of contest of the election of Fred Bertetta, who on April 20, 1948, was declared by the City Council of Daly City to have been elected a member of said city council over petitioner, the candidate who had received the next highest number of votes. On the same day the respondent ordered a special session for the hearing of the contest to be held on June ...
Views: 0
Appellant was accused by an information in four counts of violating sections 261, 286, and 220, of the Penal Code, and the Deadly Weapons Control Act [Stats. 1923, p. 695; 1 Deering’s Gen. Laws, Act 1970]. Two prior convictions in Illinois were pleaded. He entered pleas of not guilty and denied the prior convictions. The charge of the second prior conviction was dismissed before trial. The jury r...
Views: 15
This is an appeal from the judgment in an action for unlawful detainer.
*289
As recited by appellants,
“a prima facie
case for plaintiff was stipulated to by defendant Joyce. The Court ruled that the pleadings made out a
prima facie
case unless defendant established his affirmative defenses set forth in his answer. To this ruling defendant Joyce acquiesced an...
Views: 6
The plaintiffs sued to recover the value of four rugs stored by Mrs. Page in the defendants’ warehouse.
In November, 1944, defendants’ driver picked up these rugs at plaintiffs’ home. At this time Mrs. Page signed two instruments, copies of which were given to her. The first is a “work order” containing a number of descriptive blank spaces, a few of which are filled in. Near the top of the...
Views: 8
Plaintiffs sued upon an oral contract, described in their complaint as follows: ‘ ‘ That on or about the 18th day of February, 1946, plaintiffs and defendant entered into an oral agreement, whereby defendant agreed to give plaintiffs a sublease and concession of [a portion of No. 327 10th Street, Richmond, California] . . . for a period of three years from the 1st day of April, 1946, to and inc...
Views: 7
Plaintiff, Le Roy J. Thein, brought this action against defendants, Silver Investment Co. and Cecil and Mary Artz for specific performance of an agreement to convey realty. The Artzes filed a disclaimer of any interest in the property. The Silver Investment Company opposed the request for specific performance and cross-complained to quiet its title to the property and to recover its rental value ...
Views: 7
This appeal involves the statutory provision (Veh. Code, § 402) necessary to relieve a person from civil liability as “owner” of a vehicle at the time of an accident, and Vehicle Code, sections 186, 177 and 178, which relate to or modify section 402.
The judgment is based upon two verdicts, one for the sum of $6,000 in favor of plaintiff Philip Weinberg, and the other in the sum of $1,250 ...
Views: 9
Plaintiff was awarded an interlocutory decree of divorce and certain real property, furniture, and alimony. Defendant appeals from those portions of the decree wherein real property and alimony were awarded to plaintiff. He also attempts to appeal from the order denying his motion for a new trial. The interlocutory decree was entered on December 24, 1945. A notice of intention to move for a new tr...
Views: 3
This is an action to partition certain real property (a house and lot) which had been conveyed to the plaintiff and defendant, husband and wife, as joint tenants, and which had been involved in a divorce action between them. Prior to the commencement of this action the defendant herein had commenced an action for divorce, wherein she had alleged that the property was community property, and wherei...
Views: 0
Joseph H. Syverson, herein called appellant, appeals from an order designating and setting apart a probate homestead on certain real property which had been returned in an inventory as property of the estate of Edith E. Dalton, deceased, Syverson’s mother. The order was made in response to a petition filed by Frank A. Dalton, the surviving spouse and administrator of the decedent’s estate. The hom...
Views: 2
On July 14, 1944 an indictment was presented accusing the appellant of soliciting and receiving a $200 bribe for giving out the questions to be asked in an examination for architects’ licenses. A motion to set aside the indictment was made and denied, whereupon a plea of not guilty was entered. At the ensuing trial the jury disagreed. Before the second trial opened appellant again moved, before a ...
Views: 0
Appellant was accused by an information of the crime of arson, defined by section 447a of the Penal Code, to which he pleaded not guilty. At the first trial the jury disagreed. An amended information was filed alleging that he had been convicted of a felony in the State of New York in 1926, and of another felony in 1931 and another in 1939 in Michigan, all three of which he admitted. On the secon...
Views: 14
This is an appeal from the judgment in an action for damages. The complainant alleges that while plaintiff, a child of the age of five years, “was lawfully upon the premises consisting of defendants’ yard,” defendants’ dog bit plaintiff “on and about the mouth, inflicting severe pain, lacerations and wounds to said plaintiff’s face and flesh.” The trial court found for defendants. It is conte...
Views: 3
87 Cal.App.2d 359 (1948)
THE PEOPLE, Respondent,
v.
CURTIS SIMPSON, Appellant.
Crim. No. 4244.
California Court of Appeals. Second Dist., Div. Three.
Sept. 1, 1948.
J. Q. Gilchrist for Appellant.
Fred N. Howser, Attorney General, and Dan Kaufman, Deputy Attorney General, for Respondent.
WOOD, J.
Defendant was charged in count I of an information with the crime of assault with a deadly weap...
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The defendant was accused, in each of seven counts, of the crime of asking and receiving a bribe in violation of section 68 of the Penal Code. It was charged that during the summer of 1947, while he was chief of police of the city of Escondido, he received seven $100 payments from two men upon agreements that he would permit these men, severally, to engage in acts prohibited by section 337a of th...
Views: 15
The defendant herein has appealed from a judgment of $5,000 rendered in favor of the plaintiff following a trial before a jury. The judgment was for damages claimed to have resulted from the explosion of a bottle of Coca-Cola, injuring plaintiff’s right hand. The beverage in question was manufactured, bottled and distributed by the appellant corporation. The bottles which contained the beverage, ...
Views: 9
Page 1340
This is an appeal from a judgment for defendant after trial before the court without a jury. Plaintiff claimed a one-twentieth interest as a copartner with defendant, his father, in a clothing business, and sought an accounting, the imposition of a trust upon assets conveyed by the father to defendant corporation, declaratory relief and a money judgment. Defendant father and defendant corporation ...
Views: 0
In an indictment returned by the Grand Jury of Los Angeles County, the defendants were jointly charged in count I with the crime of robbery, and in count II with the crime of kidnapping for the purpose of robbery, relating to the offense alleged in count I. Defendant Maurice Monte Eeingold filed a motion to quash and set aside the indictment, a motion that the court of its own motion, dismiss t...
Views: 30
This is a suit to recover damages and the reasonable value of personal property consisting of pigs, poultry, grain, household furniture and a truck which were delivered to the defendants pursuant to an agreement to purchase the same at reasonable prices to be fixed by the owners. One month after delivery of the property the plaintiffs fixed the purchase price at $2,500, which defendants refused...
Views: 1
Page 1343
This is an action by plaintiff, the father of defendant, to set aside a deed previously executed by the father and delivered to the son. We find no merit in the appeal of plaintiff from the judgment of the trial court decreeing defendant to be the owner of the ranch property involved subject to a life estate in the plaintiff. By his complaint plaintiff alleged that he was an elderly man of 74 year...
Views: 0
This appeal is taken from an order and judgment discharging Violet M. McCabe as trustee under the
*431
will of Clarence Watson McCabe, deceased, and approving her first and final account as such trustee. This proceeding was brought under section 1121 of the Probate Code to require respondent to render an account as trustee to appellant as beneficiary of the trust.
Clarence Wat...
Views: 5
Plaintiff brought this action to recover damages for personal injuries, naming as defendants C. E. Vorlander, an individual doing business as Reliable Elevator Works,Pacific Gas and Electric Company, and certain fictitious persons. He alleged in his first amended complaint that on July 20, 1943, he was employed by MacDonald & Kahn as a steel worker, and was working upon a building being constru...
Views: 9
This is an appeal by respondents from a judgment of the Superior Court of Sacramento County ordering the issuance of a peremptory writ of mandate commanding respondents to allow the claims of petitioners for payment for overtime worked by them while employed as members of *452 the Highway Patrol of the Department of Motor Vehicles of this state. Petitioner Howard retired from service on April...
Views: 17
This is an appeal by plaintiffs from an order quashing service of summons on defendant Howard W. Maddox. Plaintiffs filed this action for damages for personal injuries alleged to have been sustained in an automobile accident which occurred on February 5, 1944. Service of summons npon the defendant and respondent, Howard W. Maddox, owner and operator of one of the automobiles involved was made i...
Views: 1
Page 1348
I dissent.' The commission found that deceased, while employed at the Winston mine, was “exposed to dust in deleterious amount and contracted the disease of silico-tuberculosis. ” The evidence relied upon to support the conclusion that deceased while so employed was exposed to dust is the testimony of decedent’s daughter that on two or three occasions when she visited her father at the mine, he wa...
Views: 0
Appellant applied to the Superior Court of Los Angeles County for a writ of review to annul an order of the board of supervisors (hereinafter referred to as the board), revoking a permit issued to appellant for the operation of a hog ranch at Meridian Street and Bateman Avenue, in the Duarte district, county of Los Angeles. Following a hearing thereon, judgment was entered in favor of responden...
Views: 6
This is an appeal from the judgment, also from orders refusing to grant a temporary injunction and dissolving temporary restraining orders. A demurrer was sustained to the first amended complaint without leave to amend. The complaint alleges that in November, 1945, plaintiff “executed and delivered” to one Hansberger a certain note and trust deed; that thereafter a second note and trust deed co...
Views: 1
Plaintiff, Louis Carlesimo, brought this action against The Feldheym Company, Incorporated, a corporation, Dave Schwebel, an individual, Jesse Feldheym, an individual, and The Schwebel Company, a copartnership, for damages for the breach of a contract to sell to plaintiff two carloads of tomato paste. The damages were alleged to consist of a $3,125 deposit made by plaintiff, and $14,125 loss of...
Views: 10
This appeal involves an order refusing to set aside an order approving an assignment by Clare Ettlinger *495of a residuary interest in the estate of Isaac L. Ettlinger, deceased, pursuant to Probate Code, section 1020.1. Clare Ettlinger, the appellant, is the decedent’s widow. Under his will she received a “home on Austin Avenue, Atherton, California,” and a one-fourth share in the residue of the ...
Views: 0
This is an appeal from the judgment. The action is for declaratory relief to quiet title and for an aeeount*500ing. The court found for plaintiff and defendant appeals. The record reveals that appellant and respondent were married in 1922; at that time defendant Jessie O’Laverty was 35 years old and plaintiff and respondent David O’Laverty was 67. At the time of trial of the within action David 0 ...
Views: 0
The action herein was instituted by Edward C. Washer, formerly an employee of the Bank of America, to recover damages for libel and slander involved in the admitted publication by the bank through its personnel director and vice-president, A. Fenton, of the following statement:
“We cannot see how this institution could possibly reinstate anybody who has admittedly falsified his expense acc...
Views: 13
Page 1355
Plaintiff commenced this action for divorce upon the ground of extreme cruelty, specifying that defendant gave birth to an illegitimate child on January 21, 1944 (about two years after the marriage). Defendant answered, denying the allegation of the complaint that there was no issue of the marriage, and alleging that there was born to plaintiff and defendant one child who was born on January 21...
Views: 2
In March, 1941, while working as a switch-man in the Union Pacific Railroad yards at Cheyenne, Wyoming, respondent Lawrence Zimmer sustained a fractured left elbow under circumstances concededly giving rise to a cause of action in his favor against his employer, Union Pacific Railroad Company, under the Federal Employers’ Liability Act, (35 Stats. 65 et seq., 45 U.S.C.A. §§51-60). On the second da...
Views: 3
Plaintiff appeals from the judgment and from the order sustaining a demurrer to the second amended complaint without leave to amend. No judgment was made or entered in the above entitled action, and of course there was no judgment from which an appeal could be taken. The trial court made an order sustaining defendants’ demurrer to the second amended complaint without leave to amend. Such an order ...
Views: 0
Citizens National Trust & Savings Bank of Los Angeles, as trustee of its Trust No. 6125, commenced this suit in interpleader against Elves Hawkins, divorced wife of Samnel C. Hawkins, Ruth Hawkins, as executrix of the will of Samuel C. Hawkins, and Regents of the University of California, to compel them to interplead and litigate their several claims to the income of the trust. Elves Hawkins answe...
Views: 2
Defendant was convicted of the offenses of assault with a deadly weapon and mayhem, upon proof of the commission of a single act, namely, the throwing of a heavy water glass which struck the complaining witness, Davis, in the face, and destroyed the sight of his left eye. Separate judgments were rendered; defendant was sentenced to two terms in state prison to run concurrently and he appeals from...
Views: 8
Edith Gallinatti, individually and as executrix of the will of her husband, Mack Gallinatti, appeals from the order denying her motion for a new trial; and from that portion of the judgment rendered in favor of plaintiffs, a copartnership engaged in the financing of loans, decreeing that certain sums of money are secured by a chattel mortgage upon decedent’s interest in the community property con...
Views: 0
Plaintiff brought this action against defendant for a divorce on the grounds of extreme cruelty. The parties were married in Mexico in 1930, and separated in 1947. There were no children.
The complaint alleges the “community property” to be “an automobile, house and lot and miscellaneous household furniture and furnishings. ’ ’ Divorce and equitable division of the community property is so...
Views: 11
Defendant Catherine A. McKenna has appealed from a judgment adverse to her in an action brought by Ruby R. Gotcher to quiet title to real property located in the city of Los Angeles. Defendant John D. Gotcher was not served with summons and did not appear, and at the trial the action was dismissed as to him. The property in question was conveyed by a grant deed from Cornelia Christie, dated Januar...
Views: 0
Louis Schwartz died testate on October 3, 1945. He was survived by his widow, respondent herein, and several children of a previous marriage. The widow and appellant herein, son of the testator by the former marriage, each filed a petition for appointment as administrator with the will annexed. Prom an order granting letters of administration with the will annexed to the widow, and from a furth...
Views: 3
In 1942, plaintiff filed an action No. 38192 in Kern County, for divorce against defendant, and asked custody of the minor child of the parties. All parties lived there at that time. No service of summons was had. On April 26, 1944, while both parties and the child were in Florida, the court there awarded the husband, a divorce from his wife and found that she should be awarded the “exclusive c...
Views: 6
Defendant was charged with the offense of murdering one Fred Buck. He entered a dual plea of not guilty, and not guilty by reason of insanity. Prior to trial, a doubt arose in the mind of the judge as to the sanity of the defendant. He appointed three alienists to examine him. (See Pen. Code, § 1368.) A trial by jury on this issue was not demanded. Defendant personally and through counsel waive...
Views: 10
This appeal was taken from an order which revoked an order admitting to probate as decedent’s last will a letter written, dated and signed by her reading as follows:
“May 19th, 1936 121, Cromwell Road,
S. W. 7.
Dear Mr. Thomas Milan:
Thank you for your kind letter and the cheque. I do not think it is quite fair to you.
However the building & lot will be turned over to you one day—for I haven’t any...
Views: 0
Page 1368
This is an appeal by Speros Karas, executor of the estate of Peter Ganas from a judgment in the total sum of $6,048.03 in favor of plaintiff based upon two causes of action.
The complaint set forth as a first cause of action that at the date of the death of Peter Ganas, November 16, 1945, plaintiff was the sole owner of two savings deposit accounts standing in the name of Peter Ganas; that...
Views: 2
Plaintiff appeals from a judgment in favor of defendants in an action for a real estate broker’s commission. Plaintiff also attempts to appeal from the order denying his motion for a new trial, but, as has been pointed out many times in the decisions, such an order is not appealable.
1
There was a conflict in the testimony as to some of the facts in the case, particularly with refe...
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Appeal by defendant from a judgment for plaintiff in an action for declaratory relief. The case was before the Supreme Court on an appeal from a judgment dismissing the action after an order sustaining a demurrer to the complaint without leave to amend. The judgment was reversed.
(Columbia Pictures Corp.
v.
DeToth,
26 Cal.2d 753 [161 P.2d 217, 162 A.L.R. 747].)
Upon r...
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Appeal by plaintiff from an order granting a motion for a new trial in an action to set aside a chattel mortgage upon certain furniture, furnishings and equipment of Dr. Merle E. Sweeley and used by him in the practice of medicine, securing a note in the sum of $2,500, executed by him and made payable to defendants E. 0. Leake and J. J. Leake, and an assignment executed by Dr. Sweeley to defend...
Views: 4
Appeal from an order modifying a prior order awarding counsel fees to appellants with which to respond to an appeal from an order which awarded support and counsel fees pendente lite. The action was brought by respondent to have the court determine the amount he, as father of an infant born out of wedlock, should pay the infant’s mother for his support and maintenance. On May 7, 1947, an order was...
Views: 7
Appeal from a judgment revoking probate of the will of Joaquina Erro Alegría entered upon a verdict of a jury finding that she was of unsound mind at the time she executed the instrument. Appellants also appeal from an order denying their motion for a judgment of nonsuit, from an order denying their motion for a directed verdict, and from an order denying their motion for judgment
“non ob...
Views: 13
This is an appeal by defendant from the judgment and from an order denying a new trial in an action for unlawful detainer, in which plaintiff was awarded possession of the premises in dispute and defendant was ordered to pay damages amounting to $1,351.36, plus costs, and permanently enjoined from removing or altering certain buildings and premises. The notice of appeal specifies that it is tak...
Views: 2
The instant action was instituted by Esther Hensgen, as special administratrix of the estate of Nicholas Carl Hensgen, deceased; Thelma Hensgen Neal, widow of decedent, and the two minor daughters of decedent and said widow, against Rose Silberman, the alleged second wife of decedent, to recover the proceeds of a life insurance policy, certain cash, bonds and other personal property acquired du...
Views: 17
Appellant Alvin Morgan and Robert Lee Gipson were jointly charged with, the murder of one George Tomsie. Gipson was acquitted. Appellant was convicted of murder in the first degree and on the jury’s recommendation sentenced to life imprisonment. This appeal is from the judgment of conviction. The grounds of appeal stated are that the evidence is insufficient to justify the judgment; that the co...
Views: 16
Plaintiff Raymond Ronald Helmer, adopted son of defendant, and his wife, instituted this action alleging generally that on November 4, 1941, they purchased certain described real property in Fresno and paid the purchase price “out of their own money solely,’’ but took title thereto in the names of defendant and her husband, now deceased, as joint tenants; that defendant holds title to the prope...
Views: 0
In this action for divorce the defendant appeals from an order of the superior court directing him to pay plaintiff the sum of $30 per week as and for alimony pendente lite for the support of herself, and the further sum of $250 for counsel fees, and for $20 costs. It was further ordered that defendant pay to plaintiff all reasonable fees, expenses and charges in relation to the birth of the un...
Views: 7
Page 1379
This is an appeal from a decree quieting the title of respondents to a piece of improved real property in Soledad, 160 feet by 290 feet in area, known as the Soledad Auto Court. On the same record there is presented an appeal from an order made after final judgment in an earlier case. Respondents were the beneficiaries of a deed of trust securing a note for $13,000, standing against the propert...
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Page 1380
Motion to dismiss an appeal. An appeal was taken from an order confirming a sale of property, ruling on objections to a receiver’s report, and directing payment of attorney’s fees and distribution under certain conditions. Paragraph 7 of the order directs that “the amount of fees to be paid ... be fixed by agreement of the parties, subject to the approval of this court.” Paragraph 14 directs the r...
Views: 0
On August 12, 1948, respondents filed in this court a notice of motion to dismiss this appeal, same being supported by a certificate of the clerk of the trial court in accordance with rule 42(a) of the Rules on Appeal. Service of the notice was made upon appellant by the mailing to his attorney at Oakdale, California, on August 9, 1948, of a copy of said notice and supporting papers. Pursuant to s...
Views: 0
In an information filed in Humboldt County defendant was charged with burglary committed on or about December 16, 1947, in that he did “wilfully, unlawfully, feloniously and burglariously enter those certain premises and building known as Shafer’s Hardware Store, located at 2750 ‘E’ Street, in the City of Eureka, County of Humboldt, State of California, and occupied by A. F. Shafer and Frank Kitc...
Views: 5
Appellant sued to quiet title to real propr erty which had been impressed with a lien for street work in a prior judgment foreclosing the lien. The present action is concededly a collateral attack on the prior judgment. The contract for the street work was signed by appellant’s wife and minor daxxghter without (so he alleged in this action for the first time) his knowledge or coixsent. After th...
Views: 11
Plaintiff brought this action against the state superintendent of banks acting as liquidator of the Yokohama Specie Bank, Ltd., to recover from the bank the sum of $20,835.50 allegedly due from the bank to plaintiff as the balance due on his retirement allowance. From a judgment in favor of plaintiff defendant appeals.
It'is admitted that plaintiff worked for the bank, located in San Franc...
Views: 7
This cause comes before us on an agreed statement on appeal (Rule 6, Rules on Appeal). It is a declaratory relief action wherein an attack is made upon the constitutionality of section 21.190 of the Los Angeles Municipal Code, being an amendment to article I, chapter 2 of said code. The section in question imposes a gross receipts tax upon persons engaged in various trades, callings, occupation...
Views: 5
The defendants were jointly indicted in three counts under section 404 of the Penal Code for participating in riots, and in nine counts under section 245 of that code for assaults committed upon different named persons by means likely to produce great bodily injuries, to wit, by the hurling of rocks. They were tried by jury and convicted of all counts, except that William Phillips was acquitted' ...
Views: 9
Four defendants were jointly indicted, tried by a jury and convicted on one count for participating in a riot under section 404 of the Penal Code, and, under section 245 of that code, on several counts of assaults to do great bodily injuries by “throwing rocks” at different named persons. All defendants have appealed. This is a companion suit with that of People v. Bundle and Phillips, ante, p. 73...
Views: 1
This is an appeal from a decree of the superior court approving waiver of accounting and final account and report of the administratrix and final distribution. The decree was based on the final account and petition for distribution filed by the administratrix wherein she alleged that all the property of the estate was community property and that therefore, she in her individual capacity, as widow...
Views: 0
Thomas L. Mangan appeals from that portion of a judgment rendered by the Superior Court of Alameda County adjudging him to be an habitual criminal under section 644(a) of the Penal Code. That section provides that every person who shall be convicted of certain enumerated crimes, including robbery, “who shall have been previously twice convicted upon charges separately brought and tried, and who ...
Views: 4
By deed dated May 21, 1946, plaintiff and defendants, together with one J. 0. Hutton, became the owners of certain placer mining claims located in Plumas County. The purchase price of the property was $12,500, one-fourth thereof being advanced by Hutton and tlie remainder advanced by plaintiff which, according to his complaint, represented his own purchase of a one-fourth interest in the property...
Views: 5
— The defendant was charged by an amended information filed in San Joaquin County, with lascivious conduct, under section 288 of the Penal Code, toward a 12-year-old girl, and with two prior convictions of felonies and imprisonment therefor in the state prison of Oklahoma. On arraignment he pleaded not guilty to the chief offense, but admitted the prior felonies as charged. He was released on bai...
Views: 7
Page 1392
On July 12, 1940, an information was filed in the Superior Court of Shasta County, charging petitioner with a violation of section 288 of the Penal Code in that he had committed a lewd and lascivious act upon a girl 10 years of age. Stone pleaded not guilty, and on August 20, 1940, his attorney filed a petition under sections 5500 and 5501 of the Welfare and Institutions Code seeking to have him ...
Views: 7
This is an appeal from a judgment entered after sustaining a demurrer to an amended complaint without leave to amend. ' The defendant demurred generally on the ground that the complaint did not set forth facts sufficient to constitute a cause of action, and specifically on 29 grounds of uncertainty, unintelligibility and ambiguity. On this appeal attention will be directed solely to the general...
Views: 11
According to the appellant’s brief, “The suits below were in the nature of quiet title and accounting actions to determine conflicting claims to real property, chattels, monies and credits accumulated by deceased, Antonio Mazzenga, and defendant Sadie Rosso (Mazzenga) with whom he was living at the time of his death.” The record discloses that Teresa Iola Mazzenga and the decedent were married at ...
Views: 0
These are appeals from orders of the superior court sitting in probate confirming a sale of real property by a special administrator with general powers, allowing a creditor’s claim, and admitting a will to probate and disallowing a prior will. Etta Kennedy departed this life on October 25, 1946, leaving two writings purporting to be wills. The first, dated January 24, 1945, devised certain rea...
Views: 0
Judgment having denied him commissions allegedly earned as a selling agent of respondents, appellant *800seeks a reversal on the sole ground that the findings do not support the judgment. In 1941, respondent Kilgore operated a real estate brokerage business in Los Angeles County. In that year by a writing he employed appellant as a salesman. In 1943, such writing was amended by a memorandum which ...
Views: 0
July 5, 1945, respondents executed a contract for the sale to appellants of a certain 17 acres of land in Los Angeles County for the sum of $55,000 on payments of “not less than $3,000” on the first days of January and June of each year, with interest on the deferred balance at 6 per
*805
cent per annum.
*
Deeming appellants to be in default, respondents filed their comp...
Views: 2
Petitioner is the husband of Cora L. Stratton, an incompetent person, of whose estate Security-First National Bank of Los Angeles is guardian. The guardian and the petitioner sold two parcels of real property alleged by petitioner to have been community property but the guardian asserted it to have been owned by them as tenants in common. Petitioner presented his amended petitions to the superi...
Views: 1
This cause is now before the court on respondents’ motion for augmentation of the record. Judgment was rendered in favor of defendants and plaintiff has appealed on the judgment roll. Respondents request that the record on appeal be augmented by bringing up certain of the exhibits introduced at the trial, including a contract and vouchers, and the evidence of three witnesses. The motion is made...
Views: 8
Petitioner seeks a peremptory writ of prohibition to command the superior court to desist from hearing a motion to set aside a default judgment previously entered. On March 19, 1948, petitioner filed a complaint naming as defendants “ J. C. Capritti doing business under the fictitious firm name and style of Rose Marie of California, John Doe, Richard Roe, Jane Doe, individually and as copartners d...
Views: 0
From a judgment of conviction of robbery in the first degree after verdict appellant seeks a reversal on account of (1) insufficiency of the evidence, (2) allowing the testimony of a witness given at the preliminary hearing *821 to be read in evidence and (3) comments and questions of the trial judge. While the correctness of the rulings, including the denial of the motion for a new trial, has ...
Views: 20
Appellant was found guilty on two counts of issuing checks drawn upon a bank in which she had neither funds nor arrangement for credit. Her motion for a new trial having been denied the court suspended the imposition of sentence and ordered her to be placed on probation. She has appealed from the “judgment” and the order denying her motion for a new trial. Sentence having been suspended, there ...
Views: 5
Petitioner, a boy about 11% years of age, was charged in the Superior Court of Contra Costa County with the crime of murder. That court, after a hearing had in session as a juvenile court, found that he was guilty of the crime charged and that he came within the provisions of section 700 (m) of the Welfare and Institutions Code. Thereupon the court committed him to the California Youth Authority....
Views: 8
Page 1404
Appeal by plaintiffs and cross-defendants from a judgment in favor of defendant and cross-plaintiff Estella E. Ogier, in an action brought to compel specific performance of an agreement to sell real property. One Huddleson, a tenant of the property under an unrecorded lease, was made a party defendant. Huddleson defaulted.
As to most of the facts there is no dispute. Defendant Ogier (herea...
Views: 6
This is an appeal by plaintiff from a judgment for the defendants after verdict by a jury.
The complaint sets forth a cause of action for an alleged breach of an employment contract whereby defendants employed plaintiff as a broker to dispose of certain packed and unpacked vegetable products in Monterey County. Plaintiff was to act as general manager, but under the “suggestions or directio...
Views: 1
From a judgment after trial before the court without a jury refusing to grant petitioner, Lenore Koebrieh, the custody of Donald Lake Simpson, the minor child of petitioner and Donald Herbert Simpson, she appeals. Chronology In September of 1941, petitioner and Donald Herbert Simpson, contestant, were divorced in the State of New Mexico. There were two children, issue of such marriage, Kathle...
Views: 6
From a judgment of guilty of attempted murder, 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), discloses the following facts: On the evening of September 13, 1947, defendant introduced himself to Mr. Thomas who feigned to ...
Views: 20
Defendant, after trial before the court without a jury, was found guilty of (1) kidnapping for the purpose of robbery (Pen. Code, § 209), and (2) robbery of the first degree (Pen. Code, § 211). The court further found that defendant was armed with a deadly weapon at the time of the commission of each offense. Defendant appeals from the judgments and from the order denying his motion for a new tri...
Views: 19
This appeal involves certain proceeds payable upon the death of Ernest L. Gettman, an employee of the Los Angeles Department of Water and Power, under the provisions of what is referred to as the Water and Power Employees’ Retirement Plan. Claiming the entire amount due under an employees’ death benefit fund and retirement fund, to which the deceased employee had contributed, are the plaintiff,...
Views: 4
Defendant was charged with the offense of murdering one Paul Matthews. A jury trial resulted in a verdict of guilty of murder in the first degree with recommendation of life imprisonment. On September 21, 1947, defendant, while in the United States Army Air Force, was acting as a lifeguard at March Field. In his duties he wore a bathing suit and he had several of them set aside for this purpose...
Views: 13
The second amended complaint in this action alleged that plaintiff acquired from one Fredrickson the right to place 50 colonies of bees on Fredrickson’s property in the Glenn-Colusa Irrigation District; that the district, in order to supply water for irrigation of the lands therein, owned and operated a ditch in which were located a headgate and dam; that immediately prior to August 14, 1947, s...
Views: 1
This is a motion, under rule 42(a) of Rules on Appeal, to dismiss the appeal for failure of the appellant to either pay the clerk’s estimated cost of preparing the transcript, or to make arrangements with the clerk for the payment thereof, as required by rules 4(c) and 5(c) of said Rules on Appeal. The plaintiff was represented on said motion in this court in proper person. The defendant was repre...
Views: 0
Page 1414
Appeal1 from order overruling plaintiff’s objections to a hearing of an action to establish a trust, and to the trial of any issue of fact by Honorable Aylett R. Cotton. On November 16, 1946, plaintiff filed a complaint against defendants in the Superior Court of San Mateo County, to establish a trust in his favor as to an undivided half interest in the estate of Daniel McSweeney, deceased, then i...
Views: 1
Page 1415
Appeal
1
by plaintiff from a judgment in favor of defendants on the pleadings. While the judgment followed a motion for judgment on the pleadings, it is obvious from the record that the judgment was, in effect, one after a demurrer to the second amended complaint was sustained without leave to amend.
*899
The action is for the purpose of establishing a trust in favor of...
Views: 8
Defendants were enjoined from using or occupying a designated parcel of real property in Alameda County, on the ground that the parcel in question was subject to certain restrictions, one of which reads as follows: “No person or persons of the Mexican race, or other than the Caucasian race shall use or occupy any buildings or any lot, except that this covenant shall not prevent occupying by domes...
Views: 1
This appeal was taken from an order denying a motion for change of place of trial.
After the appeal had been perfected the defendant Guy J. Banta died and an order was made in the trial court and here substituting the administratrix of his estate in his stead.
The action is for alleged breach of contract. The motion was made on the ground that the defendant's residence was in the coun...
Views: 2
Plaintiff had a verdict for $5,000 for injuries resulting from an intersection collision between his and defendant’s motor vehicle. Plaintiff was traveling easterly; defendant was traveling northerly. Defendant’s car collided with that of plaintiff in the southeasterly quarter of the intersection causing it to turn over. Plaintiff suffered a fractured left ring finger, injury to the middle left...
Views: 5
The respondent board filed an accusation alleging that appellant on May 22, 1947, and thereafter did on its premises “sell, serve or otherwise dispose of alcoholic beverages, other than beer, for consumption on said premises, over or at a public bar or in a public barroom which was not then and there equipped and maintained for the sale and service of meals to the public, and in which meals were ...
Views: 3
Defendants were convicted on a charge of violating Penal Code section 654.1, and appeal. In brief, that section, added to the code in 1947, makes it unlawful for any person to sell or offer for sale or to negotiate for sale of, transportation of persons on an individual fare basis over public highways of the state, unless the transportation is to be done by a carrier authorized either by the state...
Views: 0
This appeal involves the enforcement of the same judgment entered in favor of Prytz against Silva which was before the District Court of Appeal, Third Appellate Dis*2trict, in Silva v. Superior Court, 83 Cal.App.2d 521 [189 P.2d 314]. A money judgment was entered on June 3, 1940, in favor of Prytz and against Silva and others. On July 4, 1942, Silva died. No proceedings to probate the decedent Sil...
Views: 1
This is an appeal from the judgment. The facts are not disputed. Plaintiff’s action for divorce alleges that “Said defendant is incurably insane, and has been confined to an institution under the provisions of Chapter I, Part I, Division 6, of the Welfare and Institutions Code of the State of California, since April 20, 1943, and continuously for more than three years preceding the filing of th...
Views: 5
This is an appeal from an order denying the application of the executrix for refund of inheritance tax erroneously paid. The record on appeal consists of the clerk’s transcript and a settled statement in lieu of a reporter’s transcript. There is no dispute as to the facts. Briefly, the facts are as follows: Mabel Barnes Harker, the decedent, died October 6, 1946. On April 8, 1947, Edna B. Dow...
Views: 0
The appellant was charged under section 245 of the Penal Code, by an amended information filed in Butte County, with an assault with a deadly weapon, to wit, a knife, and with three prior convictions of felonies and the serving of sentences therefor in state or federal prisons. The first prior felony was for “larceny after trust and grand larceny,” committed in the District of Columbia. The sec...
Views: 7
Appellants’ opening brief states that this is an appeal from a judgment in favor of plaintiff and against defendants foreclosing a mechanic’s lien on a building constructed for defendants in accordance with a contract and plans and specifications, allegedly signed by all of the interested parties, and “from the order denying defendants’ motion for a new trial.” The quoted portion is not supported ...
Views: 0
This is an appeal by defendant Orilla Klett alone from a judgment enjoining the sale of real estate. No reporter’s transcript has been filed and this appeal is prosecuted upon the judgment roll alone.
Defendant Klett, a judgment creditor of plaintiff Edward J. Vieth, delivered a writ of execution to defendant Sheriff Biseailuz with instructions to sell all the right, title and interest of plaintif...
Views: 6
This is an appeal from the judgment. Defendant was charged by information in three counts with (1) grand theft of an automobile; (2) taking the same automobile without the consent of the owner in violation of section 503 of the Vehicle Code, and (3) with grand theft of the automobile tires on the same car. Defendant was adjudged guilty of Count I, to wit, the theft of the ear, and not guilty ...
Views: 19
In an information filed in the Superior Court of Humboldt County defendants were jointly charged in five counts. The first count charged them with a violation of section 209 of the Penal Code. The second count charged a violation of section 217 of the Penal Code, to wit, an assault upon Eugene Shephard with intent to murder him. The third count alleged that defendants took $20 from Shephard witho...
Views: 13
The defendant was charged with having committed burglary on April 15, 1948, by entering a cabin cruiser known as the “M. Seoggin” and located at Newport Beach Harbor, with intent to commit the crime of theft. After trial by the court without a jury he was found guilty of burglary in the second degree. His application for probation was heard and denied, and he has appealed from a judgment by which...
Views: 4
This is an application for a writ of supersedeas to stay the operation of a temporary injunction pending the determination of the defendant’s appeal.
It appears from the record that acting pursuant to sections 9563-9566 of the Business and Professions Code (Stats. 1945, pp. 2847-8) the defendant and appellant State Board of Dry Cleaners established a minimum price scale for the services
...
Views: 0
This is an appeal from an order granting the separate motions for new trial of defendants Yellow Cab Company and Allen Joseph Sitzer, the cab driver; and Clarence Furlong and Rose G. Furlong, after the jury had returned a verdict against them in the sum of $20,000 on account of personal injuries sustained by plaintiff on April 28, 1946, when a yellow cab in which she was a passenger collided with ...
Views: 2
This is an appeal from an order granting a new trial to certain defendants. The action is one for damages for malicious assault, it being alleged that the plaintiff was wrongfully assaulted in a place of amusement by two of the defendants who were then acting as agents and employees of three other defendants who owned the place of business. The action was tried before Judge Thompson, sitting witho...
Views: 1
Plaintiff brought this action to recover certain commissions allegedly earned by him while employed by defendant under a written contract as sales manager and director of public relations. The main question presented is whether the written contract provided for commissions on all contracts secured by the company while plaintiff was employed, or provided for commissions on transactions only where ...
Views: 1
This is an appeal by plaintiffs A. T. Strom and Ethel Strom, husband and wife, from a judgment in favor of defendant, Union Oil Company of California, herein further referred to as Union Oil Company, in an action in unlawful detainer.
When appellants acquired the service station property subject of this action Union Oil Company was lessee under a duly extended lease from the former owners, Mr. and...
Views: 2
Defendant was charged with the crime of manslaughter—the killing without malice of one Eddie Hines. By stipulation he was tried to the court without a jury. He was found guilty as charged and sentenced to state prison. He has appealed from the judgment of conviction and from the orders (1) refusing to set aside temporarily his plea of not guilty for the purpose of moving to quash the commitment, ...
Views: 9
Defendant was charged with grand theft in that he feloniously took $440, the property of one Charles A. Schickel. He pleaded not guilty, was tried to a jury and was found guilty as charged. His motion for a new trial was denied and he was placed on probation for three years. He has appealed from the order denying a new trial, his specified
*101
grounds being that the evidence is in...
Views: 14
Page 1440
Frank Luis died as the result of injuries received in an automobile accident which occurred in a railroad underpass on Highway 99 immediately north of the city of Livingston. An action for damages was instituted by his wife individually, and as guardian ad litem of their 5-year-old son.
The complaint alleged that Luis was fatally injured as a result of the concurring negligence of the appellant Si...
Views: 0
This appeal was taken from a judgment decreeing specific performance of a contract for the sale of a piece of hotel property on Van Ness Avenue in San Francisco.
On December 29, 1945, Louis T. Samuels Company, acting as agent for the seller, negotiated a contract for the sale of the property by appellant Elsa Gattman to respondents for $42,500. The contract acknowledged receipt of a deposi...
Views: 4
After trial before a jury, defendants appeal from a judgment of guilty of assault by means of force likely to produce great bodily injury. The evidence being viewed in the light most favorable to the People (respondent) discloses the following facts: On the 18th of August, 1947, at Huntington Park, defendants and their wives entered a taxicab of the All-American Cab Company. The driver then d...
Views: 6
The plaintiff and cross-defendant has appealed from a judgment of $2,090' which was rendered against him upon the cross-complaint, as damages for failure to accept delivery of a crop of banana squash purchased pursuant to a written contract. The squash were raised by the defendant and sold on contract to the plaintiff at a
*139
stipulated sum per ton. They were harvested and stored...
Views: 1
In an information filed by the District Attorney of Los Angeles County, defendant was accused of the crime of murder.. Following a plea of not guilty and waiver of a trial by jury, the cause proceeded to trial. It was stipulated that the transcript of and exhibits introduced at the preliminary examination could be read and considered by the trial judge, subject to the right of presenting additiona...
Views: 0
By means of a writ of prohibition the petitioner seeks to prevent the Superior Court of Merced County from trying him for the alleged crime of manslaughter for which he was indicted. The cause grew out of an automo *155 bile casualty in which three persons were killed. The defendant named in the indictment was charged, under section 192 of the Penal Code, in three counts, with causing the death...
Views: 5
This is an appeal from an order of the trial court striking from the files appellants’ complaint in intervention. The action in which appellants sought to intervene was commenced by plaintiffs, former employees of the Market Street Railway Company, to determine their rights as employees of the city and county of San Francisco under section 125 of the charter. The questions involved in counts four ...
Views: 0
Page 1447
By habeas corpus petitioner challenges the proceedings under which he was sentenced to life imprisonment on a charge of murder in the first degree. Although various grounds are alleged as a basis for his petition it appears that only one need be considered, to wit: the failure of the trial court to properly inform him of his constitutional rights. Petitioner’s contention in this regard is that he...
Views: 10
Plaintiffs instituted this action against defendants to compel specific performance of a claimed oral agreement to sell certain real property located at Nuevo, in Riverside County. It is alleged that plaintiffs paid defendants $1,000 on account of the purchase price, were let into
*173
possession of the property, and still occupy it under an oral agreement; that defendants refused ...
Views: 1
Defendant having been convicted of statutory rape and violation of section 288a of the Penal Code, appeals from the judgment of conviction and from the order denying his motion for new trial. His contention is that the verdicts of the jury are not supported by the evidence. The information contained six counts: count one charged statutory rape; count two: violation of section 288a of the Penal ...
Views: 4
Plaintiff appeals from an order of non-suit to his action for commissions as a real estate broker. The order was granted on the ground that the cause of action fell within the statute of frauds. (Civ. Code, § 1624, subd. 5.) The defendant Colusa Development Company owned the “0 Sullivan Orchard” located in Colusa County in which the defendant bank was beneficiary under a deed of trust. One Mart...
Views: 1
The defendant was convicted by a jury of the crime of incest, and he presents this appeal from the judgment in pro. per. The complaining witness was his 15-year-old daughter. The sordid details of the daughter’s testimony need not be enlarged upon but, as so often happens in such cases, the testimony of the daughter concerning the alleged offense was not substantially corroborated by any other wi...
Views: 10
This is an action for damages for personal injuries alleged to have been suffered by plaintiff and damage to his automobile resulting from an accident purporting to have been caused by defendant’s negligence.
From a judgment in favor of defendant entered upon a directed verdict plaintiff appeals.
The facts which are not disputed are that defendant employed the Barber-Bridge Drilling C...
Views: 0
This action is based on alleged fraud and misrepresentation of defendant in the sale to plaintiffs of a tract of real property in Riverside County. The price agreed upon was $110 per acre for arable land and $1.00 per acre for hill land. It is charged that defendant represented that the tract contained 500 acres of hill land, whereas in fact there were approximately 900 acres of such land. A pa...
Views: 3
On August 6, 1938, Emma W. Whisenand created a revocable trust with the Security-First National Bank of Los Angeles. The declaration of trust provided for the payment of the income from the trust estate to the trustor during her lifetime and for the disposition of the property upon her death. The trustor died on October 3, 1944, leaving an estate which was subject to federal estate taxes in additi...
Views: 7
The defendant pleaded guilty to a charge of murder. The court found that it was murder in the first degree and this appeal is directed entirely to. the contention that the judgment should be modified by reducing it from one of the first to one of the second degree. The appellant was a girl 13 years old, living with her father and stepmother near Bakersfield. While returning from school on the a...
Views: 6
By count one of an information defendant was charged with attempted grand theft in that on October 13, 1947, he attempted to steal the wallet of Betty Chapman, containing $20, and in count two he was charged with grand theft in that on October 14, 1947, he stole the wallet of Lydia Rossi which contained $275. He was also charged with, and admitted, convictions and service of terms on two prior fe...
Views: 4
Plaintiff appeals from a judgment in favor of defendant. There are two causes of action. In the first, plaintiff, who is the executor of the will of James A. Nicholson, deceased, alleged that on or about February 24, 1945, defendant borrowed $10,000 from the deceased, which he failed to pay on demand. The second cause of action alleges that on or about the same date defendant received from the dec...
Views: 2
The complaint herein alleges that on June 25, 1942, Clinton Chow, plaintiff’s son, applied to defendant company for an endowment life policy which was issued on July 6, 1942. According to the appellant’s brief, the insurer therein “agreed, if the insured should die before the end of said Endowment Period (at age 50), to pay $3,000 to plaintiff; that Clinton died on November 1, 1945”; that defendan...
Views: 3
This is an appeal by the mother of the minor from an order of the superior court, sitting as a juvenile court, declaring Robert LeRoy Sanders free from her custody and control. The minor was born May 28, 1937, and was 20 days less than 10 years old when this order was made. The parents of the minor were divorced in October, 1938, the custody of the minor and an older sister being given to their pa...
Views: 0
This is an appeal by the defendant from a judgment enjoining and restraining him from establishing and maintaining a mortuary and funeral parlor on property *259 owned by him in the town of Oildale, California. In the amended complaint for an injunction it is alleged that defendant is the owner of Lots 1 and 2 in Block 4 of Oildale Annex and plaintiff owns Lots 3 and 4 adjoining; that on or abo...
Views: 4
Defendant was convicted after a trial before a jury of a violation of section 288a of the Penal Code. He appeals from the judgment and from the order denying his motion for new trial. Kenneth Peel, the prosecuting witness, a boy of the age of 15, lived in Romoland, California, and was a student at the Perris Senior High School. He attended a dance in Riverside on the evening of October 20, 1947...
Views: 8
This is an action to recover damages for injuries sustained by plaintiff when he drove his automobile into an open storm drain during a dense fog. Judgment was for defendants. The trial court found that there was no dangerous or defective condition of the highway where plaintiff was injured; and that any injury sustained by plaintiff was caused by his own fault in that he so negligently managed h...
Views: 2
Page 1463
Plaintiff brought this action for a declaration of his rights under the articles of incorporation and bylaws of defendant, seeking a determination that he is entitled to an “associate” membership in defendant and, as such, entitled to certain pension rights. Plaintiff appeals from a judgment determining that he is entitled to none of the claimed rights.
The factual background of this controversy i...
Views: 1
Defendants appeal from a judgment in favor of plaintiff in the sum of $5,500, and costs, in an action brought by plaintiff for the breach of an oral contract by which defendants agreed to pay plaintiff a commission of 5 per cent of the net sales derived by defendants from all orders and manufacturing contracts procured by plaintiff for defendants from the Cannon Electrical Development Company.
...
Views: 7
This is an appeal from the judgment. Defendants’ objection to the introduction of any evidence was sustained; defendants maintained then and now contend that, “the complaint failed to state a cause of action and that there was no proper technical basis for any relief against the defendants. ’ ’ The complaint is for damages for trespass. It alleges in substance, as set forth in appellant’s brief, t...
Views: 0
Appellant, B. B. Nelson, filed his petition for a writ of mandate directed to the members of the State Board of Equalization, commanding them to rescind and set aside a certain regulation of the board, effective March 1, 1947, known as Amended Rule 99 (4 Cal. Adm. Code 99), which rule requires those licensed to sell whiskey or domestic brandy to enter into fair trade contracts for which provision...
Views: 4
The judgment from which the instant appeal is prosecuted declares that certain roads extending across the property of defendants and cross-complainants, Byron and Edith M. Feebler, are not public roads and that the defendants own a small office building located on their land.
For the purposes of our decision the following statement of facts will suffice. Edith W. Danziger owns a small parc...
Views: 3
Page 1468
Defendants, the owner, manager and assistant manager of the Hermoyne Apartments in Los Angeles, appeal from a judgment awarding plaintiff damages for loss of personal property and for personal injuries. The action arose in the following manner.
Prior to October 10, 1945, the Hermoyne Apartments were in the possession and control of the California Building and Loan Commissioner, as administ...
Views: 16
Plaintiff brought this action to quiet his title to real property which is based upon a tax deed from the state. He named as defendants, Charles Gardner, as administrator with the will annexed of the estate of Annie Blanchard, deceased, James H. Stuart and Isis Smith. Defendant Gardner *321did not appear and default judgment was entered against him as administrator. Defendant Stuart answered, deny...
Views: 0
Plaintiffs appeal from an adverse judgment. Plaintiffs entered into a contract to purchase a dress shop owned by defendant. The price was to be $2,300 plus the cost price of the goods on hand. Plaintiffs paid $1,300 on account and, the sale not having been consummated, they sued to recover back this amount pleading a common count for money had and received. Defendant answered and cross-complain...
Views: 4
This case was before this court before. The appeal was based on an order granting a new trial. (Imperial-Yuma Production Credit Assn. v. Shields, 74 Cal.App.2d 932 [169 P.2d 671].) The nature of the proceedings, pleadings *329 and factual background are the same as there related^ The original action was based' on a promissory note for $6,281.12, signed by defendants, upon which there was- a...
Views: 0
Defendant was charged with violating section 501 of the Vehicle Code in that, while driving under the influence of intoxicating liquor he willfully and unlawfully failed, neglected and refused to drive his car upon the right-hand side of a highway, which act is forbidden by law and which proximately caused bodily injury to one C. F. Boyd and one Mildred Davis. After pleading not guilty, defendant...
Views: 22
This is an appeal from a judgment ordering that the issuance of a writ of prohibition be denied on the ‘ ‘ ground that the petitioner has a plain, speedy and adequate remedy in the ordinary course of law by taking an appeal from any adverse judgment” that may be rendered.
The petition for the writ of prohibition sets forth that 10 separate statutory complaints were filed in the Municipal C...
Views: 1
Defendant Ormes was charged in an information with the crime of perjury, in that on December 18, 1945, after being properly sworn, he testified in behalf of one John D. Wade, who was then on trial for the crime of burglary, and that he “did then and there willfully, knowingly, corruptly, falsely and feloniously and contrary to said oath, swear, take oath, say and give in evidence certain evidence...
Views: 5
This is an appeal from a judgment and order denying petition for the probate of a will. The decedent, Irene Sullivan Holmes, died on or about September 21, 1947. On March 3d of that year she executed an holographic will consisting of two separate documents, each of which was signed by her. The estate was divided, one-third to the eldest daughter, one of the petitioners; the sum of $1.00 each to...
Views: 0
Plaintiff sued for damages for breach of contract. The court allowed no damages but gave judgment in *368favor of plaintiff for the return of a $750 deposit. Plaintiff appealed from this judgment.
The action involves the failure of defendants to build and deliver possession to plaintiff of a building as provided in an agreement between the parties dated February 2, 1946. The portions of the agreem...
Views: 7
Petitioner appeals from the denial of his petition for a writ directing the civil service commission of San Francisco and its personnel' director to give petitioner a further medical examination upon the standards set forth in section 145 of the municipal charter. Petitioner is a discharged veteran and was rejected in an examination because of his failure to qualify under the physical standards ad...
Views: 2
Plaintiff appeals from the order granting motion for summary judgment and from the judgment for defendant in an action upon a check issued for a gambling debt.
The complaint is in two counts; in the first appellant sues on a check to “cash” for $12,400 signed by defendant and delivered by him to William Harrah, doing business as Har
*380
rah’s Club in Reno, Nevada, and after r...
Views: 2
After a trial before Judge George W. Schonfeld in the superior court in San Francisco findings were made and an interlocutory decree entered granting plaintiff a divorce from defendant, ordering defendant to pay alimony and awarding certain community property to plaintiff. Defendant appealed from the interlocutory decree and on the appeal the interlocutory decree was ordered modified in the follo...
Views: 4
This is an appeal from a judgment restraining plaintiffs from using the premises known as 136 Georgina Avenue, Santa Monica, for other than a single-family residence, and directing them to remove such additions and alterations to the original structure as were made after its completion.
The second amended complaint filed on August 12, 1944, alleges that on May 23, 1944, a criminal complain...
Views: 7
By an information the defendant was charged with two counts of incest upon the person of his 16-year-old daughter. The jury found him guilty as charged, and from the judgment of conviction he has appealed, contending (1) that the evidence was insufficient to prove the complaining witness to be his daughter; (2) that the court erred in admitting the evidence of like offenses other than those specif...
Views: 21
J. — The plaintiffs have appealed from a judgment which was rendered against them, pursuant to the verdict of a jury. This is a suit for damages resulting from an automobile collision. A motion for new trial was denied. The only issue on appeal is whether the trial court committed error in refusing the only instruction proffered on the subject of the discretion required to be exercised by one w...
Views: 7
On September 17, 1945, at about 4 -.40 a. m. the plaintiff, Judd A. Reed, was driving his Ford sedan, in which his wife, Pauline Reed, was riding as a passenger, in a southerly direction on Olive-Orange Road, located in Orange County. At a point approximately one mile south of Olive and just north of the intersection of Taft Avenue, plaintiff collided with a truck operated by defendant Donato C...
Views: 0
These appeals are from judgments for defendants after orders sustaining demurrers without leave to amend. In the first action plaintiffs allege in their amended complaint that plaintiff Howell purchased a steer from one Mr. Dink and that plaintiffs Howell and Fairchild entered into an agreement whereby Fairchild was to slaughter the steer upon •premises owned by Howell; that Howell is a residen...
Views: 5
This is an equitable action for damages for delaying payment of the purchase price for property sold in a probate proceeding. *432The property consisted of a citrus grove with certain personal property used in connection therewith. Pursuant to a notice of sale the defendants offered $275,000 for this property on October 21, 1944, and on the same day the plaintiffs accepted the bid and filed a retu...
Views: 1
Appeal from a judgment on the pleadings in favor of plaintiffs.
This action was brought for an injunction and declaratory relief to obtain an adjudication that rule 55 of the State Board of Equalization, pertaining to out-of-state manufacturers of beer who ship' their product into the state, is void. (This rule is now known as No. 128, California Administrative Code, ch. 1, tit. 4, and wil...
Views: 8
The decedent, George E. Howe, and appellant, Myra B. Howe, were married in July, 1932. George E. Howe died testate on December 5, 1944, the appraised value of the estate being in excess of $400,000. The inventories, however, failed to disclose what portions of the estate were separate and community property. On March 28, 1947, appellant filed a petition to determine heirship; the executor, on app...
Views: 3
The present action was instituted by relator L. L. Wagner in the name of the People of the State of California for the purpose of setting aside an order of the City Council of Pomona, vacating for public purposes a portion of Commercial Street in the city of Pomona lying between Gibbs and Palomares Streets.
Commercial Street runs in an easterly and westerly direction, dead-ending with Rebecca Stre...
Views: 0
Plaintiffs, A. V. Riviello, Joe D. Riviello and Pat Augustine, own and operate as partners a barber shop in San Francisco. They work as barbers in their own shop, and, in addition, hire as assistants other barbers who are members of defendant local. The defendants are Local 148 of the Journeymen Barbers, Hairdressers and Cosmetologists’ International Union of America, and its secretary-treasure...
Views: 9
Plaintiff appeals from a judgment that she take nothing as to defendant Rhodes which was entered after the demurrer of the latter to the first amended complaint had been sustained without leave to amend.
By the instant action, plaintiff seeks to cancel four deeds purportedly executed and delivered by her intestate, Mary H. Lyons, to defendant Corrine Rhodes, it being alleged in the first a...
Views: 15
The defendant was charged with violating section 476a of the Penal Code in that on January 19, 1948, he fraudulently issued a bad check to the Kona Inn in Palm Springs, and in that he issued two other bad cheeks on *523 January 17,1948, in payment for merchandise. A jury found him guilty on all three counts and he was sentenced to imprisonment in the county road camp. He appeals from the judgme...
Views: 10
Appellant sued to set aside an order for the adoption of his daughter by respondent Alethea Anne Howell (a maternal aunt of the child) and Harry Edward Howell, her husband. A general and special demurrer to the first amended complaint by the respondents Edith M. Williams, Harry Edward Howell and Alethea Anne Howell was sustained without leave to amend. Respondent State Department of Social Welfare...
Views: 9
This is a petition for a writ of prohibition to prevent respondents from proceeding further under two orders, the one directing petitioner under penalty of contempt of court to answer all questions put to him on the taking of a deposition in an action for an accounting instituted against him by Alexandrine Verdier, his wife, the other directing the taking of the deposition of the witness Verna ...
Views: 6
Page 1497
Plaintiff and cross-defendant appeals from an order denying his motion to set aside an interlocutory decree of divorce.
An action for divorce- on the ground of extreme cruelty was filed by plaintiff on June 18,1945. The complaint alleged that plaintiff and defendant were married in Los Angeles County, California, on February 5, 1945; that they separated on June 1, 1945; that there were two...
Views: 11
Page 1498
Plaintiff appeals from the interlocutory judgment of divorce in favor of defendant and cross-complainant, and “from the motion denying a new trial.” Plaintiff and defendant were married in March, 1940, and separated in June, 1946. On January 7, 1947, plaintiff commenced an action for divorce and alleged as the ground therefor extreme cruelty on the part of defendant. He also alleged, among othe...
Views: 9
Appellant was convicted at a trial by court of a violation of section 288 of the Penal Code. Imposition of sentence was stayed and appellant was placed on probation *552for five years. Thereafter, probation was revoked and appellant was sentenced to state prison for the term prescribed by law. He appeals from the judgment of conviction, urging insufficiency of the evidence to establish guilt. At t...
Views: 2
This is an appeal by defendants Standard Engineering Corporation, a corporation, Leibert & Caletti, a copartnership, Jack Leibert, Carlo Caletti and Elmer Asbell, and cross-complainant Standard Engineering Corporation, from the whole of the judgment rendered in favor of plaintiff
*557
and cross-defendant William G. Rutherford after verdict by a jury, wherein plaintiff was awarded $...
Views: 1
Petitioner seeks a writ of review to annul an award of respondent commission.
Respondent Barrera was employed as a carman’s helper in petitioner’s Bay Shore shops near San Francisco. Petitioner has shops also at Sacramento, Los Angeles, Portland, Ogden, El Paso and Sparks, for the repair of its equipment used in the seven western states in which it operates.
Between 12 and 15 gondola cars were und...
Views: 1
This is an appeal by plaintiff from a judgment entered on the verdict of the jury in open court in favor of defendants, in an action to recover damages for personal injuries sustained by plaintiff when he was struck by defendants’ automobile. The only question raised on this appeal is whether the court committed prejudicial error in its refusal to give to the jury instructions requested by plai...
Views: 11
The only question necessary to be decided in this case is whether the judgment setting aside, on the grounds of fraud and misrepresentation, the property settlement agreement entered into between plaintiff and defendant is sustained by the evidence. Plaintiff and defendant married in January, 1923, and separated in May, 1941. After separation the parties began negotiations through their respect...
Views: 13
In an action in respondent court petitioner recovered a money judgment against respondent Adrian E. Cameron. Pursuant to section 2422 of the Civil Code she applied to the court for an order charging the interest of respondent Cameron in a partnership known as Motor Rim and Wheel Service of which he was a half owner. On November 7, 1947, her motion was granted and a charging order was made. On Janu...
Views: 0
This is an appeal from an order denying plaintiff’s application for the issuance of a writ of execution pursuant to section 685, Code of Civil Procedure, after five years had elapsed from the date of the entry of judgment in plaintiff’s favor. The record discloses that judgment was entered against defendants February 14, 1933, for the sum of $8,925.26, and in favor of plaintiff’s assignor. On Octo...
Views: 1
On March 26, 1947, after trial before the court without a jury defendant was found guilty of grand theft from the person. Defendant thereupon waived time for *602sentence, and no legal cause appearing why judgment should not be pronounced, the court pronounced judgment and sentenced defendant to be confined in the state prison for the term prescribed by law. Defendant did not make a motion for a n...
Views: 12
The complaint for divorce herein, alleging extreme cruelty in general terms, was filed on July 19, 1947. A demurrer which specified, among other things, that the complaint was uncertain was sustained on July 29, 1947, with leave to amend within 15 days. At the time the complaint was filed, an order was issued requiring the defendant to show cause on August 4th why he should not pay reasonable sum...
Views: 2
This is an action for damages arising out of a collision between an automobile driven by the plaintiff and a truck owned by the defendants Ralph De Palma and Charles De Palma, and driven by the defendant Butler. The collision occurred at 7:30 p. m. on February 15, 1946, on Highway 99, about 2 miles east of Banning. This was a divided highway with two lanes for traffic in each direction. The plaint...
Views: 0
This is an appeal from a judgment for defendant and from an order denying new trial in an action for injunction and damages. Plaintiffs own approximately 470 acres of land situate in a mountain canyon in the county of Riverside, and defendant owns 80 acres adjoining on the east. Defendant acquired his property in 1927, and until July of 1946, used a roadway over a portion of the property now ow...
Views: 5
There are two appeals, both from the judgment and decree in favor of plaintiff Helen Peterson, in a
*620
quiet-title action. One appeal is by defendants and cross-complainants John Edward Wilson and Constance Patricia
Wilson;
the other is by defendant and cross-complainant Russell T. Ainsworth.
The complaint is in three counts. The first count is in the usual form o...
Views: 14
This is an appeal from a judgment of the superior court in a certiorari proceeding refusing to annul an order of the respondent board of civil service commissioners which sustained the discharge of appellant from a position in the classified city service.
Statement of Facts
Prior to June 10, 1946, appellant occupied a position in the classified service of the city of Los Angeles as senior sanitati...
Views: 8
Plaintiffs appeal from an order granting a motion for a new trial after judgment had been entered in their favor in an action instituted to recover damages resulting from an automobile accident. Chronology 1. May 5, 1943, judgment was entered in favor of plaintiff Evelyn Paddock Smith for the sum of $2,500, and in favor of plaintiff Charles B. Paddock for the sum of $3,000 against defendants....
Views: 6
Petitioners have applied for a writ of prohibition to prohibit the superior court from enforcing by execution an order made in a proceeding instituted under the provisions of sections 6121 and 6132 of the Probate Code. Facts 1. December 1, 1945, John Earl Riggan died leaving surviving his sister, Florence Vesely, petitioner herein. At the time of his death decedent was the registered owner of a Fo...
Views: 4
Plaintiffs, husband and wife, brought this action against defendants, husband and wife, for damages alleged to have been suffered by reason of alleged false representations as to the condition of title to certain real property sold to plaintiffs. Judgment was for defendants and plaintiffs appeal. The material and relevant allegations of the complaint are the following: that defendants owned a p...
Views: 3
Plaintiff appeals from an order modifying interlocutory and final decree of divorce.. On September 21, 1946, plaintiff was ordered to show cause in the Superior Court of Orange County why the court should not make an order modifying, vacating or terminating the order for alimony contained in an interlocutory and final judgment of divorce. The evidence and proceedings are set forth in an engrossed ...
Views: 7
Plaintiff and appellant appealed from an adverse judgment in a suit to quiet title to certain property in San Bernardino County. She is the widow of Simon Kuenzel, who died in 1940. The acreage involved was taken up as a homestead. A patent was issued to that land in 1921. Under probate proceedings the property was set aside to the plaintiff widow on August 24, 1942. Defendant and respondent Ma...
Views: 7
Plaintiff Emily Stober was riding in an automobile owned by defendant and appellant Helen Halsey and driven by defendant Ed Johnson. She alleged that Johnson, while proceeding in a southerly direction in Brea
*661
Canyon, was driving while under the influence of intoxicating liquor and was guilty of wilful misconduct resulting in an accident causing certain personal permanent injur...
Views: 6
Page 1518
This is an appeal from a judgment dismissing an order to show cause directed to defendant Albert H. Knox. The foregoing order to show cause commanded said defendant to appear before the court to show cause why he should not be required to pay plaintiff reasonable sums for attorney’s fees, court costs and for the support and maintenance of said plaintiff and the minor children of the parties dur...
Views: 9
In an action for damages for the conversion of corporate stock, defendants had judgment and plaintiffs appeal.
In March, 1938, Arthur Morley executed as trustee an instrument denominated a “trust indenture,” acknowledging the receipt in trust of deeds to certain real property, and naming Oliver 0. Clark “and such other persons” as Oliver 0. Clark might “from time to time designate” as beneficiarie...
Views: 0
This is an appeal from the judgment. On the day of trial one of defendant’s attorneys “moved the court for permission to withdraw”; said motion which theretofore had been duly noticed, was denied. A motion for a continuance by defendant was also denied. The sole issue on appeal is whether the denial by the court of the above-mentioned motions amounted to an abuse of discretion. Appellant argues, “...
Views: 3
Page 1521
Lester C. Mann, now deceased, and Maxine E. Mann (true name Neff), without benefit of marriage vows, began living together as husband and wife in 1928. During the period of their cohabitation they acquired real property which they owned as joint tenants. Two children were born to them. Fearing that their fondness for intoxicating liquor might lead to the loss of their property and the resultant...
Views: 3
This is an appeal by defendants from a judgment in favor of plaintiffs decreeing the foreclosure of a chattel mortgage executed by defendants on the furniture and fixtures of a restaurant.
Plaintiffs, who are mother and son, were the owners and operators of a restaurant known as “Mother LaClair’s Chicken Pie Shop. ’’ They listed the business for sale with a broker and in June, 1945, defend...
Views: 6
By a deed executed May 4, 1920, the real property in question in this proceeding was conveyed to Bertha C. Davis and Augustus L. Davis, her husband, as joint tenants. Bertha passed away in April, 1926. Augustus died intestate in November, 1946, leaving no issue and no surviving spouse.
*705
Appellant is the surviving sister of Augustus and Ms only heir at law. Respondents are the s...
Views: 2
88 Cal.App.2d 708 (1948)
CATHERINE E. LAZZAREVICH, Plaintiff and Appellant,
v.
JOHN LAZZAREVICH, Defendant and Appellant.
Civ. No. 16262.
California Court of Appeals. Second Dist., Div. Three.
Nov. 19, 1948.
Howard B. Henshey and Clarence Thomason for Plaintiff and Appellant.
Eugene L. Wolver for Defendant and Appellant.
VALLEE, J.
Two appeals are pending in this nonjury case from a judgme...
Views: 12
Plaintiff appeals from an order denying her application for modification of the provisions of an interlocutory decree of divorce ordering defendant to pay $65 per month for her support and maintenance until her death or remarriage, as set forth in the property settlement approved by the court. Plaintiff filed her complaint for divorce on June 13, 1936. The default of defendant was entered on th...
Views: 6
On August 1, 1943, Olive B. Burr entered into a lease with Joseph L. Ryan and his wife, Edith Ryan, which leased to the Ryans, for a term of five years, certain real property known as the Mast Ranch. It was provided in said lease that the Ryans should make all necessary and desired repairs of the leased premises including renovation, repair and painting .of the dwelling thereon; that they shoul...
Views: 0
The defendants filed a motion to dismiss the appeal in this case, under rule 42(a) of Rules on Appeal, for failure to prosecute the appeal with due diligence, and specifically because the appellant failed to procure the prepa*733ration and filing of the transcript on appeal within the time allowed by rule 4, or at all. The appeal to the Supreme Court was transferred to this court. In support of th...
Views: 0
In an information filed in Sacramento County on November 26, 1947, appellant was charged with a violation of section 4531 of the Penal Code, in that on June 20, 1943, while a prisoner committed to the state prison at Folsom for a term less than life, and while at work outside the prison under the surveillance of prison guards, he escaped therefrom; and to toll the statute of limitations it was fu...
Views: 10
Joe Marchesotti, an alleged undisclosed principal in a farming partnership, has appealed from a joint judgment rendered against him and the administrators of the estate of James Tozzi, deceased, his former partner in the enterprise. The suit is for money received from plaintiff, the broker of said partnership, for its benefit. The money was
*740
paid on drafts drawn by “James Tozzi...
Views: 1
The defendant, a Negro, was tried with a jury and convicted of grand theft of a purse containing $257, from the person of Fred Hunt. A motion for new trial was denied. From the judgment of conviction of grand theft the defendant has appealed. The defendant was represented at the trial and upon the motion for new trial by an attorney of his own selection. But he personally gave notice of appeal and...
Views: 9
I concur. I agree that the evidence supports the implied finding of the jury that Homey at the time of the accident was the agent of appellant, acting within the course and scope of his employment, and that the damages are not excessive as a matter of law. I therefore concur with everything said in the majority *759opinion. Bnt there is an additional reason why appellant is in no legal position to...
Views: 0
Appeal from a judgment decreeing that respondent is the owner of a bank account in the sum of $3,432.77 standing in his name as trustee.
The sole question involved is whether certain decrees and orders in a divorce proceeding between respondent and his *761then insane wife awarded any moneys to said wife as her separate property.
Appellant is the administratrix of the estate of Marie Crivello, dec...
Views: 6
On March 17, 1940, Annie Martinez, age 20, was killed. Her husband, Louis Martinez, was charged with her murder. He first pleaded not guilty, but later, in open court, and in the presence of his then attorney, he requested and secured leave to withdraw the plea of not guilty, and pleaded guilty to “murder as charged in the information. ’ ’ On June 18,1940, the court fixed the degree as murder of ...
Views: 12
This is a quiet-title action involving the ownership of a mountain lot in San Bernardino County.
In 1923, the defendant Harthan was part owner of a tract of land which had been subdivided into lots which were being sold for cabin sites. Title to the property was in the defendant Harthan at all times material here although she held as a trustee until the year 1942, when she became sole owne...
Views: 0
About September 20, 1945, plaintiff J. C. Wooton, doing business as the J. C. Wooton Development Company, entered into a written agreement with defendants J. O. and J. M. Dorr, a copartnership, whereby plaintiff would deliver to defendants, who were engaged in building log cabins, etc., in the Big Bear District, certain building materials consisting of specially designed logs which plaintiff was o...
Views: 0
Appellants sued to quiet title to several lots in Redwood City and to annul a deed under which respondents Callan claim title to the same property. The decree was in favor of said respondents on their cross-complaint. A new trial was denied and this appeal was taken. The deed under which respondents Callan claim the property was executed and recorded later than the appellants’ deed to the same pro...
Views: 0
This is an appeal from an order denying petition for probate of a letter offered as a codicil to a will. The trial court held that the letter was not written with testamentary intent and was not intended as a codicil to the will.
Edwin L. Sack died December 14, 1945, leaving a holographic will dated June 16, 1931, in which he left two rings to a friend, Dr. Eeiter, and the rest of his esta...
Views: 0
Plaintiffs appeal from a judgment denying recovery of damages for personal injuries. Twelve-year-old Germaine Perbost is joined as coplaintiff by her guardian
ad litem.
At the time of the injury Germaine was attending respondents’ private school. Ingress to and egress from its premises was along a narrow paved walk elevated about 2 feet above and parallel to a driveway. Students us...
Views: 19
Appeal from an order dismissing with prejudice an action for divorce.
*806
Appellant having sued on the ground of mental cruelty, called respondent as witness, and after the latter had testified and certain documentary evidence had been received, rested. Appellant having testified on behalf of respondent and sundry exhibits having been introduced by the latter the trial was contin...
Views: 4
Petitioner seeks a writ to prohibit the superior court from proceeding to determine the need for the appointment of a guardian of her person and estate. In July, 1946, her brother, Charles Bobst, filed his petition with the clerk of respondent for the appointment of a guardian on the ground of petitioner’s incompetency. The citation having been published, the court proceeded to make and enter its...
Views: 2
Plaintiff appeals on the judgment roll contending that the findings entitle him to judgment for $7,101.92 with interest, instead of the $306.52 awarded by the court. The logic of appellant is insurmountable. On November 23, 1946, the parties executed a “Preorganization Agreement” whereby (1) they would form a corporation to operate a café and bar in a hotel at San Diego and (2) appellant would act...
Views: 0
The alternative writ of mandate having heretofore issued commanding respondent to hear, consider and determine the general demurrer to the complaint against petitioner in action 548179 on respondent’s docket, or to show cause why it should not do so, respondent has filed a demurrer to the instant petition. By such demurrer only two contentions are presented, viz., (1) a writ of mandate may issue o...
Views: 1
Page 1543
Appellants were accused by information of robbery by the use of force. Having been convicted of rob bery in the first degree they appeal from the judgment of conviction and from the order denying their motion for a new trial. They make six assignments of error. The Evidence Is Sufficient There is no lack of proof to support the verdict. At 1:10 a. m., February 11, 1948, the witness Skidmore...
Views: 22
In this action for specific performance or for damages if specific performance cannot be decreed, the court found, among other things, that at all times mentioned herein the defendant and his wife, Anna M. Bidwell, were the owners of the real property involved herein and that said property was at said times their community property; that on March 23, 1946, the plaintiffs and defendant (the husban...
Views: 1
Plaintiffs appeal from a judgment entered upon the sustaining of a demurrer to their third amended complaint, which is in two counts. They were given leave to amend. They declined to do so. Judgment followed dismissing the action. The action is one to impose a constructive trust on real property devised to defendant by the will of her husband, Zelza D. Barrow, deceased, the plaintiffs being the ch...
Views: 4
Defendant was charged with the crime of manslaughter. The information alleged, and defendant admitted, two prior convictions of felonies. The jury returned a verdict of guilty. Defendant appeals from the judgment. The appellant contends, in substance, that the evidence was insufficient to sustain the judgment; that the court committed prejudicial error in failing to declare a mistrial; and that ce...
Views: 3
88 Cal.App.2d 857 (1948)
CARNATION COMPANY (a Corporation), Respondent,
v.
EL REY CHEESE COMPANY et al., Appellants.
Civ. No. 13863.
California Court of Appeals. First Dist., Div. Two.
Nov. 29, 1948.
E. Hagan, in pro. per., for Appellants.
Ernest J. Livengood for Respondent.
GOODELL, J.
This is an appeal from an order denying a motion for change of place of trial.
Section 395, Code of Civ...
Views: 6
According to the appellant’s brief, plaintiff and defendant were married November 24, 1930, and separated February 5,1943. The parties have two minor daughters, aged about 14 and 11 years. The appellant husband served in the United States Army from June 21, 1941 to March 4, 1947. Respondent wife filed the present divorce action December 9, 1943, alleging extreme cruelty, and an interlocutory judgm...
Views: 1
This is an appeal from the judgment. The complaint alleges in substance that defendant was the owner of a restaurant; that plaintiff and defendant entered into a contract “partly written and partly oral, wherein and whereby the plaintiff was to manage and operate,” said restaurant for a period of one year; that plaintiff was to pay defendant 7% per cent of the gross receipts and in addition to dep...
Views: 0
Defendant, Paul Burns, was charged by information and convicted by a jury of the offense denounced by Penal Code, section 273d, in that "on or about the 7th day of October, 1947,” he did "wilfully, unlawfully and feloniously make an assault and inflict a corporal injury upon Joy Burns, who was then and there the wife of the said Paul Burns, and that the said assault did result in a traumatic injur...
Views: 0
This is an action to foreclose a mechanic’s lien for materials and labor furnished and performed. The parties entered into a written contract for certain work for a price of $2,746.92. By a verbal agreement, other work of the value of $256.44 was performed. The work consisted of building the walls of a house, partly from concrete and partly with concrete blocks, certain concrete steps and a small ...
Views: 0
Page 1552
This is an appeal from a decree of specific performance. By a lease dated September 5, 1945, the appellants Minor as lessors rented to respondents Bell as lessees a dwelling house, excluding a basement apartment, for one year at $90 per month. The lease contained the following provisions giving respondents an option to purchase the property. “Thirty days before termination of this lease an opti...
Views: 9
88 Cal.App.2d 883 (1948)
THE PEOPLE, Respondent,
v.
DANIEL McCARTHY, Appellant.
Crim. No. 2524.
California Court of Appeals. First Dist., Div. Two.
Nov. 30, 1948.
Nathan C. Coghlan for Appellant.
Fred N. Howser, Attorney General, and David K. Lener, Deputy Attorney General, for Respondent. *884
GOODELL, J.
Appellant was accused by an information in three counts of the violation of subdivis...
Views: 14
88 Cal.App.2d 891 (1948)
JAMES H. ALBERTS et al., Respondents,
v.
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA (a Corporation), Appellant.
Civ. No. 16332.
California Court of Appeals. Second Dist., Div. Three.
Nov. 30, 1948.
Forrest A. Betts for Appellant.
Sidney Fischgrund for Respondents.
VALLEE, J.
Appeal by defendant American Casualty Company of Reading, Pennsylvania, referred to...
Views: 9
From a judgment in favor of defendants after trial before the court without a jury in an action for: (1) an accounting, (2) damages based upon such accounting, and (3) an injunction against defendants to prohibit unfair competition, plaintiff appeals. Facts On June 24, 1936, defendant Frank A. Pachmayr sold his interest in the Frank A. Pachmayr Company to L. E. Mershon, plaintiff’s predecesso...
Views: 1
88 Cal.App.2d 904 (1948)
CHARLES S. DARDEN, Respondent,
v.
ARTHUR L. REESE et al., Appellants.
Civ. No. 16175.
California Court of Appeals. Second Dist., Div. Three.
Dec. 1, 1948.
Harold B. Pool for Appellants.
Bodkin, Breslin & Luddy, Henry G. Bodkin and Peter E. Giannini for Respondent.
SHINN, P. J.
Action to set aside an execution sale of corporate stock in which the sale was vacated by...
Views: 2
Wilbur Adams and Herman H. Garner, plaintiffs and appellants, are the owners of land in the city of Pomona, improved with a citrus grove, which they acquired in 1925. Defendants and respondents, Smith and First National Bank of Pomona as trustee, are the owners of a citrus grove which was acquired by Fred J. Smith, deceased, in 1885, and which lies immediately west of the grove of plaintiffs. A...
Views: 3
Plaintiff appeals from a minute order granting the defendant’s motion for a judgment of nonsuit at the close of plaintiff’s case in an action in equity against the answering defendant, Martha Lee Rice, as executrix of the estate of Henrietta Clemons, deceased, to establish, after the death of the alleged trustee, a resulting trust in an undivided one-half interest in a parcel of improved real e...
Views: 4
88 Cal.App.2d 919 (1948)
PAULINE RIOS, as Administratrix, etc., Appellant,
v.
JOHN BROWN BENNETT, JR., et al., Respondents.
Civ. No. 3843.
California Court of Appeals. Fourth Dist.
Dec. 1, 1948.
Novack & Haberkorn for Appellant.
Spray, Davis & Gould for Respondents.
MUSSELL, J.
This is an action for damages for the wrongful death of a pedestrian in an automobile accident.
The decedent, Jo...
Views: 3
88 Cal.App.2d 925 (1948)
NORA E. HOLDER et al., Respondents,
v.
KEY SYSTEM (a Corporation) et al., Appellants.
Civ. No. 13837.
California Court of Appeals. First Dist., Div. One.
Dec. 2, 1948.
Donahue, Richards, Rowell & Gallagher for Appellants.
Johnson, Ricksen & Johnson for Respondents.
PETERS, P. J.
The widow, adult son and adult daughter of John Holder brought this action against the ...
Views: 19
88 Cal.App.2d 941 (1948)
JOHN J. CONNELL, Respondent,
v.
HENRY CLARK et al., Appellants.
Civ. No. 16479.
California Court of Appeals. Second Dist., Div. Two.
Dec. 2, 1948.
William K. Young for Appellant Clark.
Syril S. Tipton and Patrick H. Ford for Appellant Colonial Insurance Company.
Marvin Wellins and Don L. Gilman for Respondent.
WILSON, J.
This appeal is from a judgment awarding pla...
Views: 16
Prom an order granting defendant Blossom’s motion to dismiss an amended complaint filed against him in his representative capacity as executor of the estate of Harriet Chilcote, deceased, plaintiff appeals. Pacts Plaintiff filed an amended complaint naming as defendants, Ralph P. Blossom, individually, and Ralph P. Blossom, as executor of the estate of Harriet Chilcote, deceased. The pleading...
Views: 1
Petitioner is defendant in an action in the superior court for an accounting under two contracts with
*954
L. B. Utter, now deceased. The action was brought by Lulu L. Utter, as administratrix of his estate. The plaintiff in that action obtained the issuance of a subpoena duces tecum directing the president of petitioner, defendant in the superior court action, to produce the recor...
Views: 4
88 Cal.App.2d 956 (1948)
Estate of ALCIE C. GRACE, Deceased. GRACE MULTHAUP, Appellant,
v.
RUBY HORN, Respondent.
Civ. No. 13908.
California Court of Appeals. First Dist., Div. One.
Dec. 3, 1948.
Stephen D. Maffini for Appellant.
Cecil Mosbacher for Respondent.
BRAY, J.
Appeal by Grace Multhaup from an order revoking letters of administration previously issued to her in the estate of Alcie...
Views: 3
88 Cal.App.2d 967 (1948)
THE PEOPLE, Respondent,
v.
CUSTER M. COYLE, Appellant.
Crim. No. 2479.
California Court of Appeals. First Dist., Div. One.
Dec. 3, 1948.
Custer M. Coyle, in pro per., for Appellant.
Fred N. Howser, Attorney General, and David K. Lener, Deputy Attorney General, for Respondent.
BRAY, J.
In this action there are three matters before this court: (1) appeal from an orde...
Views: 7
88 Cal.App.2d 979 (1948)
ARCHIE L. PALMER et al., Appellants,
v.
HARRY K. WOLFF et al., Respondents.
Civ. No. 13599.
California Court of Appeals. First Dist., Div. Two.
Dec. 3, 1948.
Milton Marks, Morris Lowenthal and Charles Becker for Appellants.
John J. O'Toole, City Attorney, and Jack G. McBride, Deputy City Attorney, for Respondents.
NOURSE, P. J.
Plaintiffs, Palmer and Cane, appeal f...
Views: 1
From a judgment of guilty of assault with intent to commit rape, after trial before a jury, defendant appeals. The testimony introduced on behalf of the People disclosed that at about 10 p. m. one evening late in September, 1947, Norma Joyce Sweetwater and Arthur Mae Fulton, aged 13 and 11, respectively, returned from a show at Clearwater, to Norma’s home. They remained there until Norma’s pare...
Views: 10
88 Cal.App.2d 988 (1948)
DAN CROWLEY et al., Appellants,
v.
BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES et al., Respondents.
Civ. No. 16263.
California Court of Appeals. Second Dist., Div. Three.
Dec. 3, 1948.
Irwin M. Fulop and Holbrook & Tarr for Appellants.
Harold W. Kennedy, County Counsel, and Charles C. Stanley, Jr., Deputy County Counsel, for Respondents.
SHINN, P. J.
This is ...
Views: 5
88 Cal.App.2d 1001 (1948)
FRANK R. SIPE, Appellant,
v.
CATHERINE A. McKENNA et al., Respondents.
Civ. No. 16324.
California Court of Appeals. Second Dist., Div. Three.
Dec. 3, 1948.
Robt. E. Rosskopf for Appellant.
Catherine A. McKenna, in pro. per., and J. Irving McKenna for Respondents.
VALLEE, J.
Suit in equity to set aside a judgment on the ground of extrinsic fraud. The judgment follo...
Views: 5
In form the complaint herein follows the original allegations of Rutherford v. Standard Engineering Corp., ante, p. 554 [199 P.2d 354], with variations as to territory, dates and amounts. The same deletions made in the Rutherford case were not requested in the Wilson ease. Plaintiff Wilson permitted the complaint to stand with the single change of striking out the allegation that a bank had agreed...
Views: 0
The substance of the allegations of the complaint herein, though amended at the trial, is similar to that of the two preceding cases, Rutherford v. Standard Engineering Corp., ante, p. 554 [199 P.2d 354] and Wilson v. Standard Engineering Corp., ante, p. 1007 [199 P.2d 363]. However, the complaint is in two counts instead of four, and the alter ego theory is referred to in one count directly, and ...
Views: 0
Two separate actions are here involved— one against a corporation, herein referred to as respondent, the other against the partnership comprised of the two stockholders of the corporation. The latter entity had been engaged in the insurance brokerage business since 1929 when it was organized as “Gillis, Emett and Chandler” and so continued to February, 1939, when “Gillis” was dropped from the cor...
Views: 0
86 Cal. App. 2d 13 (1948)
GREGORY A. DOBSON, Appellant,
v.
DOROTHY DOBSON, Respondent.
Civ. No. 16208.
California Court of Appeals. Second Dist., Div. Two.
June 3, 1948.
John O. Akin for Appellant.
No appearance for Respondent.
McCOMB, J.
From a decree denying plaintiff's application for an annulment of his marriage he appeals.
The undisputed facts are these:
Plaintiff and defendant part...
Views: 7
Page 1574
Appellant, Mark Hopkins, Incorporated, appeals from an adverse judgment in an action brought against the California Employment Stabilization Commission to recover $4,061.59 paid under protest, in accordance with section 45.10 of the California Unemployment Insurance Act [Stats. 1935, p. 1226 as amended; 3 Deering’s Gen. Laws, Act 8780d], which sum represented contributions, interest and penalties...
Views: 10
By the original complaint filed in this action, insofar as its allegations are pertinent to this appeal, plaintiffs sought to recover from defendant damages for the conversion of certain personal property of the value of $654.50 which it was alleged defendant had sold to plaintiffs. On the day of the trial the complaint was amended without objection, by adding a count which recited that defenda...
Views: 1
The defendant was charged by two counts of an information filed in Merced County with separate assaults upon different named individuals with a deadly weapon, to wit, a knife. Both charges grew out of the same affray. The first count charged him with assaulting William Solomon. The second count charged an assault upon Columbus Glynn. All parties concerned in the affray were Negroes. The defendant...
Views: 7
This is an appeal by the paternal grandfather of Gary Allen Jones, a minor, from an order appointing respondent, the mother of said minor, the guardian of his person and estate and denying appellant’s petition for letters of guardianship. The minor was born in 1943. In 1946, Kenneth George Jones, the father of the minor, secured an interlocutory decree of divorce from the respondent by which *37...
Views: 6
From a judgment predicated upon the sustaining, without leave to amend, of defendants’ demurrer to plaintiff’s third amended complaint, plaintiff appeals.
Plaintiff filed a complaint for specific performance against defendants seeking title to certain land, alleging that Emma M. Miller delivered to plaintiff an instrument in writing for the sale of the land, which read as follows:
“ ‘...
Views: 0
Respondents move to dismiss this appeal upon the ground that it was not taken within the time permitted by rule 3(a), Rules on Appeal (22 Cal.2d 2), and therefore that this court is without jurisdiction to entertain the same. Chronology I. October 24, 1947, judgment was entered in favor of respondents. II. October 30, 1947, respondents mailed to appellant’s attorneys, whose offices were in the sam...
Views: 3
This is an appeal by Evelyn Jeanne Tersip from an order revoking letters of administration theretofore granted to her as administratrix of the estate of William J. Tersip, deceased, removing her as administratrix and ordering her to produce and file any and all wills of said decedent, if any there be. The order was made after hearing had upon a petition filed by one Paul Hensley, a nominee of a...
Views: 1
Appeal by the State Controller (upon an agreed statement) from an order of the superior court fixing inheritance tax.
Charles W. Slack died December 20, 1945. The inheritance tax appraiser appointed by the probate court appraised the net taxable value of his estate as of the date of death at $882,789.87. Applying the federal estate tax rates and exemptions to this valuation, the appraiser ...
Views: 5
This is an appeal from the judgment in a divorce action. The action, which was commenced by the wife, was based on alleged extreme cruelty; the complaint further alleged that there was no community property. The answer “denies generally and specifically each and every allegation contained therein” and alleges affirmatively that “the parties hereto own, as community property, improved real property...
Views: 1
Plaintiff appeals from a judgment in favor of defendants predicated upon the sustaining of defendants’ demurrer to the first amended complaint.
It was alleged in plaintiff’s complaint, as amended, that he was a second cousin of Bobert Pitcairn, deceased; that prior to decedent’s death, his mother, who was an affluent person, had an altercation with her son and threatened to disinherit him....
Views: 1
Petitioner, one of the beneficiaries of a testamentary trust, appeals from an order denying his petition for instructions to the trustee. In accordance with the terms of the will of Spencer M. Munson, the decree of distribution in his estate directed the trustee as follows: to pay to Maude McEwen, during her lifetime, the sum of $125 per month; to pay the balance of the income from the trust estat...
Views: 0
A general and special demurrer to plaintiff’s second amended complaint was sustained with leave to amend the pleading within 10 days. The plaintiff elected to stand on his pleading and failed to amend it. Judgment of dismissal of the action was accordingly rendered. From that judgment the plaintiff has appealed. This is a suit for reformation, under section 3399 of the Civil Code, of a written ...
Views: 6
Albert P. Spies executed his last will and testament March 7, 1930. It left testator’s entire estate to his wife. She predeceased him on December 10, 1944, and the will contained no appropriate provision for the disposal of his estate to his survivors. On January 12, 1945, he wrote,
*89
dated and signed with his own hand the following instrument;
“Jan. 12—45
Mr. James Yat...
Views: 7
Petitioner seeks a writ of mandate to compel respondents to execute a warrant for the payment of certain moneys claimed to be due under its contract with the city of Los Angeles. Respondents are the chief accounting employee and secretary of the Board of Public Works of the city of Los Angeles, Dan O. Hoye, city controller, and the city of Los Angeles. Prior to February 11, 1948, the Board of Publ...
Views: 0
Plaintiff brought this action on his own behalf and on behalf of others alleged to be similarly situated against Wayne R. Allen, county manager of Los Angeles County, and other county officers, seeking a declaration that he is a permanent employee of a county fire protection district, subject to discharge only in the manner provided by the county charter for the discharge of permanent county emplo...
Views: 1
Defendant Elmer G. Hook appeals from a judgment for damages for the loss of plaintiffs’ property through fire allegedly caused by the negligence of defendant. Plaintiffs, copartners, doing business as M. E. Gray Company, maintain a place of business in Huntington Park, where they sell pipe, plumbing supplies and other materials. Defendant operates a machine shop next door. The building, 50 feet...
Views: 2
By information, the defendants were charged with the crime of robbery while armed with a deadly *109 weapon, to wit, a sawed-off .22 caliber rifle. Defendants pleaded guilty to the charge of robbery but denied having been armed, and waived a jury trial on that issue. By leave of court, an application for probation was filed by each defendant. At the close of the hearing which was had on the app...
Views: 19
Page 1592
The mother of Fridolin J. Dargo, a minor, and the minor, appeal from an order of the juvenile court redeclaring the minor a ward of the juvenile court under section 700, subdivision (m) of the Juvenile Court Law [Welf. & Inst. Code], and recommitting the minor to the Youth Authority for further institutional training.
A petition to have the minor declared a ward of the juvenile court under...
Views: 1
This action was instituted by plaintiff and appellant against defendants and respondents under the provisions of 35 Stats. 65, title 45, U.S.C.A. ch. 2, § 51 et seq. (Federal Employers’ Liability Act) for claimed injuries occurring to plaintiff while defendant company was engaged in interstate commerce. Damages claimed amounted to $30,500. Defendants denied generally the allegations of the complai...
Views: 0
This is an appeal from a judgment recovered against defendants for a commission growing out of a contract for the sale of real property. Defendants were the owners of the real property involved, and listed it for sale with plaintiff real estate brokers at the price of $22,000. The written agreement which forms the basis of this action was entered into on October 28, 1946. Receipt of the sum o...
Views: 7
The respondent herein instituted the present action for the purpose of quieting title to Lots 6 and 7 of Block 27 in the city of Long Beach, acquired by way of two tax deeds issued by the city on August 31, 1945. The appellants are the record owners of these lots, and contest the .validity of respondent’s tax title. On August. 11, 1945, the property in question had been conveyed by the Los Angele...
Views: 2
This is an action to recover damages for fraud and to set aside the interlocutory decree of divorce obtained by plaintiff against defendant. A demurrer to the complaint was sustained without leave to amend. Judgment for defendant was entered from which plaintiff appeals. The pleaded facts in plaintiff’s first cause of action are: That in reliance on the fraudulent representations of defendant t...
Views: 6
Dee Spann, sole legatee under the alleged will of Martha Elizabeth Trefren, appeals from a judgment denying probate to said will based upon findings of the jury (1) that said Martha Elizabeth Trefren was not of sound and disposing mind at the time said will was executed, and (2) that she was induced to sign said will by means* of undue influence. Upon this appeal proponent contends that there i...
Views: 6
Separate appeals by separate defendants have been taken from the single judgment entered in this case, the first of which, designated number 7404, is that of Jennie A. McArthur, this day decided, post, p. 161 [194 P.2d 561]. The within appeal designated number 7416 is that of defendants J. Ben Brown, Cleone Brown Thompson, and Elsie T. Hawson as executrix of the estate of Henry Hawson, deceased, w...
Views: 0
This is a companion appeal by Jennie A. McArthur from the judgment referred to in case number 7416, ante, page 153 [194 P.2d 554], to which reference is made for a statement of the pleadings. Appellant McArthur by her answers to the complaint and cross-complaint denied generally the allegations of each and affirmatively alleged that one Ira L, Goodrich, for a valuable consideration, sold to her on...
Views: 0
Rudy Zogarts and Josephine Barry brought separate actions on promissory notes, dated January 2, 1945, against the makers, Walter E. Smith and Thelma I. Smith. The Zogarts note was for $7,200 and stated “this note is payable only out of eight and one-third per cent (8%%) of the net profits of that certain partnership known as Keystone Tool & Supply Company hereafter to be organized by and betwee...
Views: 0
Petitioner herein filed a petition for a writ of certiorari whereby she sought to have annulled a writ of habeas corpus and all proceedings connected therewith in a habeas corpus matter heard in the Superior Court of San Joaquin County. A writ was issued by this court commanding the respondent superior court to certify and return to this court a complete record of the proceedings in said habeas c...
Views: 8
Page 1602
The petitioner seeks a discharge upon a writ of habeas corpus. It appears from the record that on October 20, 1947, the petitioner was arraigned in the Justice’s Court of Orange Township, County of Orange, on a charge of battery and that he pleaded guilty thereto, waiving time for plea and sentence. An order was then entered on that date, as appears from the justice’s docket, ordering ..and adjud...
Views: 12
This is an action for malicious prosecution based upon a proceeding under Welfare and Institutions Code, sections 5000-5160 for the commitment of plaintiff as a mentally ill person. Plaintiff appeals (1) from the judgment entered on the verdict in favor of defendant Matthew A. Quinn (sued as Matt Quinn) and against plaintiff; (2) from the order granting the motions of the Board of Trustees of Lela...
Views: 7
Page 1604
Petitioner, Industrial Indemnity Exchange, seeks review and annulment of a death benefit award to the widow and minor children of Arnold Mullen, deceased. The petition presents the single ground whether the facts support respondent commission’s finding that the injury “arose out of” and “occurred in the course of” the employment.
The undisputed evidence is: The Roberts Dairy owned and operated two...
Views: 5
Petition for writ of mandate to compel the trial court to dismiss an action pursuant to Code of Civil Procedure, section 583 for failure to bring the ease to trial within five years after the filing of the complaint. The complaint was filed January 14, 1942. A motion was made on October 30, 1947, to dismiss the action which was denied by the respondent court on November 5, 1947.
Under Code...
Views: 3
Page 1606
The petitioner was convicted of a violation of ordinance No. 304 of the city of Emeryville, providing as follows: “Section 1. Whenever the free passage of any street or sidewalk in the Town of Emeryville shall be obstructed by a crowd, the persons composing such crowd shall disperse or move on when directed to do so by a police officer. It shall *209 be unlawful for any person to refuse to so...
Views: 7
This is an appeal by plaintiffs from an adverse judgment entered upon the verdict of a jury in an action for damages for forcible entry and forcible detainer. Viewing the evidence, as we must on appeal, in the light most favorable to the prevailing party, it appears that in March, 1946, defendant Mildred Courington (then Mildred Smith) purchased a house at 1318 9th Street, Santa Monica. She mov...
Views: 0
Page 1608
Petitioner was charged by verified complaint and information filed in the Justice’s Court of the City and County of Denver, State of Colorado, with a felony in that on or about March 1,1948, in the city of Los Angeles, State of California, he unlawfully conspired with three other persons named in the information to aid in the commission of the crime of grand larceny, a felony, in the city and cou...
Views: 7
This is an appeal from a judgment ordering that plaintiff recover judgment against defendants in the sum of $5,968.40, plus interest and cost; that defendants hold title to property on Hampshire Street in trust for plaintiff “and the plaintiff has and holds a lien against said property to secure the payment of the indebtedness existing between said plaintiff and the said defendants . . . and th...
Views: 9
Petitioner, Moran Towing and Transportation Company, a corporation organized under the laws of New York, was sued for the wrongful death of one Fred *241Schwecke. The corporation having withdrawn from the state, service was made on the secretary of state pursuant to Corporations Code, section 6504 (formerly Civ. Code, §406a). Petitioner appeared specially on a motion to quash and its motion was de...
Views: 0
This is an action to enforce a trust. Defendant California Paras individually, and as the executrix of the estate of her husband William Paras, appeals from a judgment in favor of plaintiff John Dalakis for $2,350, plus interest and costs. Primarily the appeal involves the question of the sufficiency of the evidence to uphold the findings, and a determination of the nature and character of a tr...
Views: 1
Benjamin Flanery, plaintiff and appellant, filed a complaint, to quiet title to certain real estate in Willowbrook in Los Angeles County, against the respondents, Charles W. Mudd and Ruth Truth Mudd, husband and wife, alleging that respondents were in possession of the property and, in addition to praying that his title be quieted, asked for the ouster of the respondents. The respondents denied h...
Views: 8
Page 1613
This is an appeal by defendant Anna Mohr from a judgment in favor of plaintiffs decreeing specific performance of an escrow agreement.
On October 5, 1945, respondents deposited with one Harry E. Clem, a real estate broker, $250 as an initial payment and agreed to purchase certain realty owned by appellant for the sum of $7,500; payable $1,250 in cash and the balance by deed of trust and no...
Views: 9
The record discloses that Lucile Goins Davis died testate on February 28, 1944,- leaving a surviving husband, Clifton E. Davis, and a daughter by a previous marriage, appellant herein. The appeal questions the validity of orders and judgments setting apart a probate homestead for the benefit of the husband, and assigning to said husband certain exempt, community, personal property. After decedent...
Views: 0
Appellants, as vendors, and respondents, as vendees, entered into an option agreement on November 1, 1944, for the sale of appellants’ equity in certain real property in Los Angeles County for the sum of $4,000. Bespondents paid $1,500 upon the execution of the agreement under the terms of which they assumed a prior encumbrance upon the property of $1,770.25, payable in monthly installments of ...
Views: 4
Page 1616
This is an appeal from a judgment for defendants in an action to quiet title to a mining claim situated in the county of Imperial. The complaint contains an allegation of ownership and right to the possession of the Swallow Placer Mining Claim described therein. It contains a general allegation that defendants claim some right, title, interest, estate or lien in or to the real property adverse ...
Views: 0
Defendant appeals from the judgments of conviction in sixteen actions against him comprising seven counts of rape, section 261 of the Penal Code, four counts of assault to commit rape, section 220 of the Penal Code, one count of assault with a deadly weapon, section 245 of the Penal Code, 10 counts of robbery, section 211, Penal Code, and 10 counts of burglary, section 459, Penal Code, in relatio...
Views: 29
This is an appeal by plaintiff from what we conclude to have been a proper order granting defendant’s motion to dismiss the action under the provisions of section 583 of the Code of Civil Procedure on the ground that it had not been brought to trial within five years.
The record discloses that the complaint which was filed on December 15, 1941, was followed by an amended complaint filed on June 10...
Views: 1
This is an action for damages arising from a collision between an automobile and a bus. The plaintiffs owned a house at the northeast corner of the intersection of Webster and Thirty-first Streets in San Diego. On the afternoon of June 15, 1945, an automobile driven by the defendant Chapman and a bus owned by the defendant corporation and driven by the defendant Tillery, collided in this intersect...
Views: 0
Appellants Sawdays are the owners of a tract of land lying west of and adjacent to state Highway 99 north of the city of El Centro. This property consists of 600 acres and has approximately 2,000 feet frontage on the highway. Respondent sought to condemn a right of way in fee and access rights for freeway purposes affecting the property over which an easement for a public highway already existe...
Views: 6
Appeal from a judgment of the superior court on an order sustaining without leave to amend the defendants’ demurrer to the complaint, and from an order after judgment dissolving an injunction.
The facts as alleged in the complaint are as follows: Michael Dolan died testate on August 2, 1946, and plaintiff was duly appointed administrator of his estate. In each of the four years, 1943 to 19...
Views: 5
This appeal is from an order made April 8,1947, reducing on defendant’s application the amount of alimony awarded plaintiff in an interlocutory decree of divorce from $150 to $100 a month. The record discloses that on November 26, 1946, an interlocutory decree of divorce was granted in favor of plaintiff in which she was awarded $150 a month for the support and mfliritp.Tia.noe of herself and t...
Views: 14
This is an appeal by nieces and nephews of Antonio Moramareo, deceased, namely, children of his deceased brother, Frank,. from a judgment denying their petition for revocation of a document which the court had previously admitted to probate, upon findings that it was the will of decedent which had been duly executed by him, was in existence at the time of his death but had been lost or unintent...
Views: 5
Plaintiffs have. appealed from a judgment of dismissal of their action, which was rendered pursuant to an order granting a nonsuit at the close of their evidence. The suit was brought against the estate of Frank Cedric Schott, deeeásed, for damages to real and personal property, resulting *341 from the alleged negligence of the deceased while he was engaged in repairing a butane gas tank. The g...
Views: 11
Plaintiff brought two actions seeking to quiet his title to an easement for a ditch across defendants’ lands, which ditch he alleged had been destroyed in part by defendants. He also prayed that defendants be compelled to restore the portions of said ditch which they had destroyed, that they be enjoined from interfering with same, and that he be awarded damages for injuries resulting from the a...
Views: 5
The complaint alleges that plaintiff and defendant, while living together as husband and wife, acquired, by their joint efforts, specified real and personal properties which they own as tenants in common, and which are in the possession of the defendant; that she thereafter married another man and, upon demand, refuses to convey or deliver any of said property to plaintiff. The plaintiff prays ...
Views: 13
This is an appeal from a judgment :on the pleadings entered in favor of the plaintiffs. The sole question presented is whether a material issue was raised by the answer of the defendant Port. The action is one to foreclose a contract of sale and quiet title. The complaint, filed on December 2, 1946, alleged that the plaintiffs were the owners of the property in question; that on April 15 1945, the...
Views: 0
This is an action to foreclose a lien: The complaint contains the following allegations:
Paragraph I alleges that certain persons are sued under fictitious names.
Paragraph' II alleges that the defendant Bank of America National Trust and Savings Association is a national banking association.
Paragraph III alleges that the defendants Ulrich and Jorgenson are the owners of certain described real es...
Views: 0
From a judgment in favor of plaintiff after a trial before the court without a jury in an action for damages (a) for conversion, (b) for unfair competition, and (c) to enjoin defendant from making automobile cranes or engine stands which are of the same construction as those heretofore manufactured under a contract by defendant for plaintiff, defendant appeals.
The evidence being viewed in the lig...
Views: 0
This is an appeal from a judgment for defendants in an action brought by the city of National City, a municipal corporation, to eject defendants from certain real property and to enjoin them from occupying or using the said land.
The complaint alleges that at the time the present action was commenced, and for many years prior thereto, the land in question was a public street within the pla...
Views: 0
Page 1632
Plaintiff appeals from a judgment in favor of defendants quieting title to certain property in San Mateo County. The property is described in the complaint, with an allegation of ownership in fee simple in plaintiff, and that defendants claim some title or interest therein adverse to plaintiff. There is a prayer that defendants set forth the nature of such claim; also that plaintiff’s title he ...
Views: 9
Appeal by plaintiffs from a judgment of the superior court on an order sustaining, without leave to amend, defendant’s demurrer—both general and special in form—to the second amended complaint. The court also granted defendant’s motion to strike such second amended complaint.
Wlule there are many questions raised, this appeal resolves itself mainly into the question—when legatees under a w...
Views: 1
This is an appeal by the plaintiffs from judgments of dismissal entered after sustaining the separate demurrers of the defendants to plaintiffs’ second amended complaint without leave to amend.
There are three causes of action alleged in the complaint. In the first cause it is alleged in substance that in March, 1945, the plaintiffs purchased certain real property, described' therein, from the def...
Views: 5
Defendants were charged by a second amended information with the crime of robbery, committed while armed with a deadly weapon, to wit: a revolver. Defendant Morton was also charged with two prior convictions of felonies and defendant Downs with one prior conviction *414for which they served terms of imprisonment in a state prison. Both admitted the prior convictions and pleaded not guilty to the o...
Views: 0
The decedent, Effie Jarrett Randall, died on March 31, 1945, leaving a will dated January 24, 1945, which was duly admitted to probate. After certain specific legacies the will contains the following provision: “The residue I want the Christian Church of Santa Monica and the Catholic Church of Santa Monica to have to be used to care for worthy sick old people who have no means.” It was stipulated ...
Views: 0
Plaintiff sued appellant Fox Belmont Theatre Corporation and its manager, Scot H. Brown, for damages allegedly resulting from personal injuries suffered by reason of the negligent conduct of defendants. The jury returned a verdict against plaintiff in favor of defendant Brown but in favor of plaintiff against the corporation which appeals from the ensuing judgment. On the night of the accident ...
Views: 13
No judgment of dismissal having been entered, plaintiff brings this appeal from the minute order for a judgment of nonsuit.
For more than 27 years appellant and its predecessors in interest operated a box lunch and catering business and manufactured and sold food products and box lunches to employees of industrial establishments. In September, 1945, it employed respondent Black as one of its drive...
Views: 4
Appellant was convicted of eight felonies: two for grand theft, counts I and VIII; six for violating the Corporate Securities Act, counts IX and III to VII inclusive. As grounds for reversal of the judgments and the order denying a new trial it is now contended that (1) “the evidence was insufficient to support the judgment of conviction”; (2) “the court erred by admitting evidence of other sales...
Views: 18
Harold W. Smith died testate in California on October 7, 1944. By his will, executed in North Carolina in July of 1941 while he was a resident of that state, he devised his entire estate, appraised at a little over $17,000, to his then newly-acquired wife whom he had married in June, 1941, in North Carolina. The couple came to California in November, 1941. The will of decedent was admitted to prob...
Views: 0
This is a companion case to Estate of Smith, 1 Civ. 13459, ante, p. 456 [195 P.2d 842], this day *475decided, and the law stated in that opinion need not be here again set forth. In the instant case the respondent is the daughter of the deceased, and the appellant is his brother. Admittedly, if respondent is entitled to inherit as a daughter, she is entitled to the estate to the exclusion of the a...
Views: 0
The plaintiff, Lillian R. Dandini, and the defendant, A. 0. Dandini, were married in 1932. In 1946, plaintiff secured a decree of separate maintenance, and an award of $150 per month. Subsequently, defendant, while in arrears in his payments on this' award, secured a Nevada divorce from plaintiff, and was contemplating remarriage. Plaintiff thereupon secured a default judgment against defendant, d...
Views: 2
The respondent filed a petition for a writ of mandate to compel his reinstatement as a deputy sheriff, after his dismissal from that position.
The appellants filed a general demurrer. The order which overruled the demurrer directed a peremptory writ to issue. The judgment which was then entered directed “that any alleged order of the Civil Service Commission dismissing or denying the appeal or any...
Views: 11
Respondent sued appellant for libel and recovered a judgment for $1,000 general damages, $1,000 exemplary damages, and costs. A motion for new trial was denied and this appeal was taken.
From 1942 until 1946, the litigants were partners in a business which dealt in articles and devices used by magicians. During appellant’s absence at the war respondent carried on the business. After appell...
Views: 5
Action for specific performance or for damages if specific performance cannot be decreed. Plaintiffs appeal from the judgment in favor of defendant.
On September 8, 1943, plaintiffs and defendant entered into a written agreement, in the form of escrow instructions, whereby defendant agreed to sell to plaintiffs certain real property for $11,500, and whereby plaintiffs agreed to buy from de...
Views: 5
Defendant appeals from an interlocutory judgment which awarded plaintiff a divorce, $50 a month for her support until the further order of the court, and $30 a month for support of the child of the parties. Although he seeks a reversal of the judgment on several grounds, we are convinced from a study of the entire record that he feels especially aggrieved by the provision of the judgment awarding...
Views: 3
This is an appeal from a judgment in favor of plaintiffs, entered on the verdict of a jury, awarding damages for the death of Henry P. Cavagnaro, husband of one of the plaintiffs and father of the other two. Cavagnaro’s death was caused by a fire truck belonging to defendant which ran over him while he was in an intersection directing traffic in the vicinity of a fire in the city of Napa.
...
Views: 5
This is an appeal in a divorce action from that part of the judgment of the trial court awarding and disposing of the community property and from an order denying plaintiff’s motion for an order allowing her counsel fees on appeal.
Plaintiff, Gladys Rozzi, and defendant, Gildo Rozzi, were married in June, 1934, and separated October, 1944. On June 29, 1945, plaintiff filed her first amended compla...
Views: 2
To this application for a writ of mandate no return has been made by respondent. The application rests on the verified pleadings which must be taken as admitted for failure of respondent to controvert them. An action was commenced in the superior court against these petitioners on September 30, 1942. Their verified answer was filed on November 13,1942. On March 4,1947, the plaintiff in the action ...
Views: 3
Petitioner seeks a writ of mandate to require the superior court to set for trial a cause appealed after trial in the justice’s court.
Following an adverse judgment entered in the justice’s court on April 1, 1947, petitioner herein, on April 28, 1947, gave notice of appeal to the superior court, paid the required fees, and filed the required undertaking. On May 17, 1947, the justice’s court filed ...
Views: 0
Petitioners appeal from the order denying their petition to intervene in a proceeding in which the liquidator of the San Francisco and Los Angeles offices of the above bank petitioned for leave to pay an 80 per cent dividend on claims against those offices, and from the order granting such petition of the liquidator.
From the petition of the liquidator it appears that the Yokohama Specie B...
Views: 2
Page 1653
This is an appeal from that portion of the judgment herein rendered awarding plaintiff the sum of $15,000 as damages for the alleged breach of a supplemental leasing agreement, by the terms of which defendants covenanted to build an addition to and make certain alterations in an existing garage building then occupied by plaintiff as defendants’ lessee.
The award of damages was predicated u...
Views: 7
I dissent. I agree with what is said in the main opinion with the exception of the conclusion, which is erroneous and unsupported by the reasoning of the opinion. Certainly the fine was good to the extent of $200, and the holding that it was not entirely void is unassailable. It would follow, as a matter of course, that since appellant has not paid $200 of the fine she would not be entitled to be ...
Views: 0
This is an appeal from an interlocutory judgment in favor of plaintiff Gordon ordering the accounting, partition and sale of real property owned by said plaintiff and defendant as tenants in common. The complaint alleges that upon the death of Laura L. Dickinson on September 18, 1940, the property here involved descended to appellant Evalyn M. Nichols and to Jean Louise Hayward Black in equal s...
Views: 6
On October 14, 1947, appellant Edwards and one Abbott F. McConnell were charged with robbery committed in San Joaquin County on October 3, 1947. Subsequently, and on November 12, 1947, an amended information was filed in which Edwards was charged with two priors, the first, “auto theft,” alleged to have been committed in Kansas in 1928, followed by imprisonment in the State Industrial Reformatory...
Views: 5
From a judgment of dismissal after order sustaining a demurrer without leave to amend as to two causes of action set forth in the complaint, plaintiffs appeal.
Bach cause of action is based upon the same alleged derelictions and negligence of defendants in their claimed unreasonable delay in acting upon an application of the deceased, Julius H. Smith, for a policy of life insurance.
I...
Views: 6
This is an action to quiet title, for ejectment, and for damages for withholding possession of the property. The plaintiffs listed 10 acres of land with a real estate agent for sale. On February 21, 1946, the defendants agreed to *594 purchase this property for $7,500, and signed “an offer to purchase” in the ordinary form. The plaintiffs signed the usual acceptance on the same form, with an ...
Views: 4
Plaintiff appeals from a judgment entered against her on a verdict of the jury rendered in favor of the defendants pursuant to direction of the court.
Epitomizing the facts as they appear in the record, it appears that defendant Royal Realty Company is a California corporation (hereinafter referred to as “the company”), and at all times here pertinent, was the owner of certain property at ...
Views: 8
This is an appeal from a judgment of dismissal entered after a demurrer to plaintiff’s complaint was sustained, the plaintiff declining to amend. *633The contents of the complaint, so far as is necessary to set forth here, are as follows: That Carrie F. Levi died testate in Los Angeles County and Agnes Levi was appointed special administratrix of her estate on February 15, 1943, and thereafter, on...
Views: 1
“This is an action for the wrongful death of John Hubert Perry and is brought by his widow and two minor children. The complaint alleges that on August 24, 1945, in the County of Los Angeles, California, the deceased, while employed as a rigger, met his death as the proximate result of the negligent operation of a crane by the defendants. The answer denies any negligence upon the part of defendant...
Views: 6
Two appeals are taken by R. J. Schiffmann, a residuary legatee under the will of his mother, Isabella J. Schiffmann, deceased. One is from an order instructing the executor, the other from a decree of distribution, but the appeals raise the same questions.
Isabella J. Schiffmann, testatrix, died on June 21, 1934, leaving an estate appraised at $498,243.25. She was survived by three children, Minni...
Views: 0
From a judgment of guilty of violating section 11500 * of the Health and Safety Code (possession etc. of narcotics), after trial before a jury, defendant appeals. There is also an appeal from an order denying his motion for a new trial. The record discloses these essential facts: On April 6, 1947, at approximately 4:30 a.m. Officer John A. Tidyman of the Los Angeles Police Department follow...
Views: 10
This is a representative suit brought by the stockholders on behalf of Mutual Water Company of El Jar-din Tract, a corporation, organized for the purpose of securing a supply of water and distributing the same proportionately among its shareholders for use upon lands owned by them within certain defined boundaries. Shares in Mutual Water Company were made appurtenant to the land, one share to eac...
Views: 10
Defendants have appealed from a judgment against them after trial before the court without a jury in an action to quiet title to certain trucks and trailers and for declaratory relief.
Defendant Hill operated a trucking business in Los Angeles. In May, 1946, he advertised in a newspaper substantially as follows: “Bobtails plus five year contract permanent, better than wages. Hill Transport...
Views: 2
Plaintiffs appeal from a judgment in their favor, after trial before a jury, in an action to recover damages for injuries resulting from an automobile accident. Questions Presented for Review First: Was the sum awarded each of the plaintiffs as damages ty the verdict of the jury and judgment thereon inadequate? *671 This question cannot be considered by us for the reason that the rule i...
Views: 9
These appeals are from an order granting defendants’ motion to dismiss an action, for alleged conspiracy to defraud, after plaintiffs failed to amend their complaint within 10 days as allowed by the trial court upon sustaining defendants’ demurrer to the complaint.
Facts
(1) September 14, 1946, H. L. Lynch, individually, and as trustee of the Motor Fuel Association of Arizona, fil...
Views: 5
This is a petition for a writ of mandate to compel the clerk of the Superior Court of Los Angeles County to honor an order of said court directing him to pay to petitioner a sum of money which he has on deposit. The facts are these: Petitioner was plaintiff in a superior court action and during the pendency thereof, pursuant to stipulation, $1,980.70 was deposited with the clerk of the superi...
Views: 0
This is an action for declaratory judgment which affects the rights of all of the owners of lots in Tract 9038, in the county of Los Angeles, a residential subdivision comprising some 93 lots. The action was instituted by C. C. Horton, one of the lot owners. He has since deceased and Prances D. Horton has been appointed as executrix. An order of substitution has been applied for and made, but our ...
Views: 1
Plaintiff appeals from a judgment in his favor awarding him $1,000 as compensation in an action to recover attorney’s fees of the alleged value of $18,000. The case was tried before the court without a jury. History of the Litigation The action was commenced by plaintiff March 7, 1939, to recover from defendants the sum of $18,000 allegedly due for attorney’s fees. After a trial before the co...
Views: 1
This is an action to recover $2,500 which was paid by plaintiff to defendant as part of the purchase price of real property, upon the understanding that said amount might be retained by defendant as liquidated damages in the event plaintiff did not complete an escrow. Judgment was for defendant, and plaintiff appeals.
On July 14, 1944, defendant signed escrow instructions, No. 72-12228, wh...
Views: 0
The State of California brought suit against the defendant, a foreign corporation, for franchise taxes due and payable for the years 1935 and 1936, pursuant to the provisions of the Bank and Corporation Franchise Tax Act. (Stats. 1929, p. 19, and amends.; 3 Deering’s Gen. Laws, p. 3010, Act 8488.) The amended complaint was couched in two counts. The trial court adopted findings favorable to pla...
Views: 4
Appeal from a judgment denying a peremptory writ of mandate to compel respondents to grant a disability pension.
Appellant became a member of the Long Beach Police Department on July 16, 1928. During his incumbency, to wit, on August 19, 1942, he sustained an injury in the course of, and arising out of, his employment, resulting in his partial, permanent, physical disability. He continued to be a ...
Views: 10
The question for decision is whether the motion to he relieved of a default is defeated by former final orders relative thereto.
On July 10, 1942, respondents commenced an action (case No. 478,480) to declare an abandonment and to quiet title under a lease executed on May 29, 1924, between respondent lessors and appellant’s assignors. No service of summons was made on appellant until Febru...
Views: 7
The judgment entered was in treble damages by reason of appellant’s forcible entry and forcible detainer. (Code Civ. Proc., §§ 1159, 1160.) The action was tried by the court without a jury. Appellant demands a reversal upon the grounds (1) that the findings of forcible entry and forcible detainer were not supported by evidence and (2) that the court denied him a patient hearing and a fair trial. ...
Views: 5
February 20, 1947, Mae Raymond was in the employ of petitioner’s insured, Rothschild & Kaufman Company, whose factory was located at 931 East Pico Street in Los Angeles. While sitting at and operating a power machine for her employer an explosion occurred at an electroplating establishment across the street at 922. Her machine was stationed about a foot from the west wall of her employer’s buil...
Views: 2
This action arose out of an injury sustained by the respondent while roller skating at appellants’ Hollywood Boiler Bowl on the evening of March 4, 1946. Plaintiff’s cause of action was predicated on allegations of negligence in failing to “secure sufficient or any supervision or protection for the plaintiff”; more specifically, in failing to have a sufficient number of guards present to prevent r...
Views: 0
This is an appeal by plaintiff from a judgment entered against him after the court had sustained defendant’s demurrer to the second amended complaint without leave to amend, in an action for declaratory relief.
Said second amended complaint alleges that on May 14, 1946, by virtue of a written contract, defendant agreed to sell and plaintiff agreed to buy 1,800 cases of beer, delivery to be made in...
Views: 0
This appeal is from an order denying defendant’s motion for an allowance of attorneys’ fees in an action for annulment of marriage, the appeal from the judgment in which has been affirmed in an opinion this day filed * (Cal.App.), [195 P.2d 901]. When the trial of the cause began on September 10, 1946, defendant made an oral motion, without previous notice, for an allowance of attorneys’ fees...
Views: 2
This is an appeal from a judgment of dismissal following plaintiffs’ failure to amend after a demurrer to their second amended complaint had been sustained.
Plaintiffs contend that the court erred in sustaining the demurrers to the original complaint, to the amended complaint
*752
and to the second amended complaint. Insofar as the demurrers to the first two of these pleading...
Views: 5
Petition to review and annul two orders of the Industrial Accident Commission, the first of which denied petitioner any award of compensation for permanent disability, and the second of which denied him any additional compensation based upon his claim that his injury had been caused by the serious and wilful misconduct of the employer. Having in mind the rule that this court is not permitted to...
Views: 7
Plaintiff brought this action seeking a declaratory judgment that she is the holder of a valid and subsisting sublease upon certain real property in the city of Los Angeles, is rightfully in possession and entitled to remain in possession for the duration of the term of the lease. Roy Campbell, for himself and as trustee, filed a cross-complaint praying for restitution of the premises and damag...
Views: 1
The plaintiff and the defendant Vaughan are chiropractic physicians. On September 1, 1946, they entered into a conditional sales contract under which Dr. Fowler agreed to sell his lease to seven rooms in a certain building to Dr. Vaughan, together with the furniture and equipment therein, and with the right to retain Dr. Fowler’s name on the door for two years and to continue professional relatio...
Views: 0
The defendants were jointly charged with a violation of section 265 of the Penal Code in that on February 27, 1948, they had unlawfully taken the complaining witness against her will and had by force, menace and duress compelled her to be defiled. In a second count they were charged, under subdivision 4 of section 261, with raping the same girl. About 10 p. m. on February 28, 1948, the complain...
Views: 9
This is an appeal by the plaintiff Dallman Supply Company (referred to hereinafter as Dallman) and by defendant A. W. Sweet from an order granting the motion of defendant Royal Air Conditioning Equipment Company (here
*782
inafter referred to as Royal) for a change of venue from the county of Sacramento where the action was commenced and where the defendant Sweet resides, to Los An...
Views: 0
The defendant was charged with a violation of section 11170 of the Health and Safety Code in that on July 3, 1947, she feloniously attempted to obtain narcotics by fraud, deceit and misrepresentation. In a second count she was charged with conspiring with an unknown person to feloniously obtain narcotics by such means. A jury having been waived, she was tried by the court and found guilty on both...
Views: 6
In an information filed by the District Attorney of Los Angeles County, defendants were charged with the crime of murder. After the entry of not guilty pleas and waiver of trial by jury, the cause proceeded to trial before the court. Both defendants were found guilty of the crime of manslaughter, a lesser and necessarily included offense. Following the denial of their motion for a new trial, judg...
Views: 8
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, defendant appeals. CHBONbLOGY (1) In 1927, Cornelius Kallmeyer was the owner of a tract of land containing 10 acres designated as Lots A, B, C, and D. This property was subject to an indebtedness of $5,000, represented by Mr. Kallmeyer's promissory note paya...
Views: 0
This is an appeal from a judgment in an action for specific performance in which it was decreed that plaintiffs take nothing by their action and that the action be dismissed. Defendant was the owner of real estate in the city of San Diego. On March 30, 1943, she signed a written option giving Ralph Shattuck the right to purchase the property for $3,500. In the option defendant acknowledged the ...
Views: 0
This is an ordinary quiet title action, each of the parties seeking to quiet his title to an unimproved lot in the city of San Diego. The plaintiff’s claim of title rests upon a tax deed dated September 24, 1946, and based upon a tax delinquency for the year 1935. The defendant claims title through a treasurer’s deed dated April 19, 1944, and based upon the foreclosure of a street bond dated Augu...
Views: 1
This matter is before us on an appeal by defendant from (1) that portion of the judgment awarding to plaintiff, as her share of community property, certain parcels of land allegedly acquired by defendant through the exchange of various separate properties which he owned prior to marriage, and which, it is claimed, were separately con
*819
verted into the two parcels here in questio...
Views: 4
Page 1693
This is an action for alleged wrongful death brought by appellant as the mother and sole surviving heir of one Carl Brown, an adult, who, while crossing East El Camino Avenue in North Sacramento shortly after midnight on the morning of May 16, 1945, was struck and killed by a car being driven by defendant Prank Pat. Defendant’s answer denied negligence and alleged contributory negligence. Plainti...
Views: 1
This is an appeal from a decree quieting respondents.’ title to a parcel of real property in San Francisco. The property described in the complaint is 34 feet, 4% inches by 157 feet, 6 inches in area, fronting on the northerly side of Lombard Street, and extending northerly. Appellant by his answer denies respondents’ title to an undivided one-quarter interest in the northern-most 20 feet of...
Views: 1
The defendant owned what was known as the Golden Chariot Mine which was located in February, 1871, in an unsurveyed mountain area in San Diego County. The location notice described it as extending 100 feet on each side of a line running 500 feet northerly and 700 feet southerly from the discovery hole. In October, 1940, the defendant leased this mine to the plaintiff with an option to purchase. Th...
Views: 0
This is an appeal from a judgment for the defendants in an action for specific performance or damages in the alternative. Briefly the facts are as follows: Milton Currier purportedly executed the following document: “When I sell my ranch I’ll give Thomsons the first right to buy at 6.00 per acre if they take Sky Ranch.” The appellants purchased the Sky Ranch and paid a full consideration ther...
Views: 1
This is an action for damages based on an alleged eviction. The complaint alleges that, “defendants promised and agreed and executed to plaintiff herein an oral lease, wherein and whereby Apartment 4 of the apartment house located at 2128 South Western Avenue was rented for a month to month tenancy at the rental rate of $19.00 for each month;.” That plaintiff paid the rent and occupied the premise...
Views: 0
The defendants Emma Staheli and Victor Staheli were enjoined from using a private roadway across plaintiffs’ land, except for the purpose of traveling thereon to and from their adjoining farm. The injunction prohibits defendants from overburdening their easement to use their private right of way over plaintiffs’ land by inviting greatly increased travel of vehicles by means of which members and c...
Views: 3
This is an appeal by James L. Russell and H. W. Andrews from a judgment decreeing they were general partners in Hacienda Farms Limited, a limited partnership, from February 27 to December 1,1943, and as such were liable as general partners to the creditors of the partnership. Early in 1943, Hacienda Farms Limited was organized as a limited partnership (Civ. Code, §§ 2477 et seq.), with Ricardo ...
Views: 1
Page 1700
Petition for a writ of review. A rehearing was granted in this case to give further consideration to the contention of petitioner that, even though an award was warranted, the award made was excessive. We are satisfied that the opinion heretofore filed correctly disposed of the other issues involved and we therefore adopt the following portions of that opinion as and for the opinion of this court ...
Views: 3
Defendant appeals from an order and judgment of the superior court directing him to pay plaintiff costs and the sum of $500 for attorney’s fees, to defend an appeal perfected by defendant from a judgment denying him a divorce on his cross-complaint. 1 The sole contention is that the court had no evidence before it upon which to base its order. After the appeal from the *873 judgment denying...
Views: 0
Appeal by plaintiff district from that portion of an interlocutory judgment in condemnation which allowed defendant Dorothy Giacometti certain sums as severance dam*877ages, and “which fails to allow the plaintiff any off-set, or deduction from said damages, for the benefits accrued to defendant’s property.’’ The single question presented is—in an action in eminent domain brought by a sanitary dis...
Views: 9
The District Attorney of Contra Costa County brought this action to abate as a public nuisance certain structures and materials located on premises owned by Xoral Oliver and her daughter, Carol Borges. The court adjudged that a certain elevated structure and certain piles of lumber and waste materials on the property constituted a public nuisance, and defendants were directed to remove the same...
Views: 1
Appellants Ben Seidler and Grace Seidler have appealed from that portion of the order settling final account and decree of distribution under will of decedent distributing to Nina Goodspeed certain real property which appellants contend was devised to them by the will.
The provision of decedent’s will which gave rise to the controversy reads as follows: “Third: I hereby give, devise and be...
Views: 5
Plaintiffs-respondents have moved to dismiss the appeal of defendant-appellant Federated Income Properties, Incorporated, a corporation, on the ground that appellant failed to pay the filing fee within 20 days after being notified by the clerk of the Supreme Court to pay the same. (See Rules on Appeal, rule 10(a), 22 Cal.2d 10.)
The motion must be granted on the ground stated but there is ...
Views: 4
Defendant was charged in two counts with having violated section 337a of the Penal Code, in one a violation of subdivision 2 of that section, occupying a room with papers and paraphernalia therein for the purpose of recording and registering bets and purported bets on horse races, and in the other a violation of subdivision 4, recording and registering bets on horse races. He pleaded not guilty t...
Views: 21
This is an action to condemn an 80-foot strip of land, desired for the installation of a drainage ditch, extending across a 15-acre parcel owned by the defendants. This strip, containing 2.31 acres, is near the north end of defendants’ land, leaving another strip, 35 feet wide and containing about one acre, between it and the north property line. For some 25 years a service ditch about 10 feet wid...
Views: 1
The plaintiff!, which owns and operates four moving picture theaters in Modesto, sought an injunction to restrain that city and its officers from enforcing an ordinance, number 772, New Series, adopted pursuant to the authorization of its charter, imposing a license tax of three cents for each ticket of admission sold by any of said theaters.
The complaint1 and amendments thereto allege th...
Views: 12
This is a companion case to Rombotis v. Fink, Civ. No. 16450, ante, p. 378 [201 P.2d 588], in which we have this day filed an opinion. Upon the authority of and for the reasons stated therein, the judgment herein is reversed and the cause remanded with directions to enter judgment for the plaintiff. York, P. J., and Doran, J., concurred. Respondent’s petition for a hearing by the Supreme Court was...
Views: 0
The action grows out of a collision between plaintiff’s dump truck loaded with sand, and defendant Barber’s winch truck and flat-bed trailer loaded with an 8-foot bulldozer operated by defendant Brown. The collision occurred about 3 p. m., March 4,1948, on the Cottonwood Creek Bridge, Highway 94, in San Diego County. Upon this appeal, it is earnestly contended that the record establishes contribut...
Views: 0
The plaintiff recovered a joint judgment against the defendants Ed Fletcher Company, a corporation, and C. M. Davis, on a contract action and so far as material to the determination of the issues in the case the judgment reads as follows: “That plaintiff, L. T. Stowers, have judgment against the defendants, Ed Fletcher Company, a corporation, and C. M. Davis, in the sum of Four Hundred Sixty-Six a...
Views: 0
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