Court Cases Court Cases

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

All Reporters → cal-lexis → Volume 1897

Opinions in cal-lexis Volume 1897

This is an action to recover possession of two small tracts of land. Plaintiffs failed to recover, and now appeal from an order denying their motion for a new trial. Defendant relied upon the statute of limitations, and the trial court found in his favor upon that plea. This" finding of the court is assailed as not supported by the evidence, and the evidence upon that issue is before us. Defendant...
Views: 5
The plaintiff was employed by the defendant in its box factory, and on October 5, 1893, was operating a planing machine, called a pony planer. While so engaged his hand was caught in the knives of the machine and was so injured that it had to be and was amputated. He brought this action to recover damages for his injuries and obtained a verdict for seven thousand five hundred dollars, on which jud...
Views: 5
Mandamus against the defendant, as controller of the state of California, commanding him to draw his warrant in favor of the plaintiff upon the treasurer of said state for the sum of one hundred and sixty-six dollars and sixty-six and two-thirds cents, as salary due plaintiff from. the said state for services as expert to and for the state board of examiners, during the month of July, 1895. An alt...
Views: 9
This appeal is from a judgment upon demurrer to the complaint. The complaint contains averments to the effect that on the fourth day of FTovember} A. D. 1881, plaintiff owned a certain tract of land which was then subject to mortgage liens, then owned by James Phelan. The amount due on said mortgages was $196,-000. The real estate was worth $390,375. The plaintiff and her thirteen children were in...
Views: 7
This action is in mandate. Plaintiff seeks to compel defendant, auditor of Santa Clara county, to draw his warrant upon the county treasurer in favor of plaintiff in the sum of one hundred and forty-one dollars for fees as justice of the peace, to which it is alleged plaintiff is legally entitled. By stipulation the parties agreed upon all matters of fact, and here present, as their controversy, t...
Views: 5
Petitioner tendered to respondent, a justice of the peace of the city and county of San Francisco, the sum of two dollars, and demanded that the justice accept the same as the legal fee for the entry of a judgment, and that he thereupon enter a default judgment in an action commenced in his court. Upon the refusal of the justice, proceedings in mandate were commenced. A general demurrer to the pet...
Views: 4
This is a motion to dismiss the appeal of H. T. Blythe and others from the decree of final distribution in the matter of said estate, upon the ground that appellants are not parties in interest in the proceeding. The appellants are concluded by the decisions of this court upon their other appeals. They are no longer parties in interest. The motion is granted and the appeal dismissed....
Views: 2
This is a motion to dismiss the appeal of the Blythe Company from the decree of final distribution in the matter of the said estate, upon the ground that said company is not a party in interest in the proceeding. Such was the determination of the court as to this appellant in Estate of Blythe, 112 Cal. 689. The appeal is therefore dismissed....
Views: 3
Upon consideration in Bank the opinion heretofore rendered in department is adhered to and adopted. A taxpayer is permitted to maintain an action to restrain the improper diversion or use of the public funds, or to compel an official to do some act whose omission would increase his burden as a taxpayer. In both cases the ultimate object is the same—to escape the imposition of an increased taxation...
Views: 13
Plaintiff, an infant of eighteen months, escaped from the premises of its parents into the public street, and went upon the track of defendant’s electric railway, running thereon, and was knocked down and injured by one of its cars. He brought this action to recover damages for the injury, alleging negligence by defendant in running over him. From a judgment in his favor, and an order denying defe...
Views: 14
The defendant appeals from a judgment inflicting the death penalty for murder and from an order denying his motion for a new trial. Numerous errors are assigned upon the rulings of the trial judge, and it is also contended that the evidence is insufficient to sustain the verdict. The evidence for the prosecution was, in substance, “ that on the morning of April 18, 1895, shortly after midnight, th...
Views: 7
Fairbanks and the National Fire Insurance Company joined in this action to recover damages for the destruction of a certain building by fire, resulting from defendant’s negligence. It was alleged in the complaint that the building was the property of Fairbanks, of the value of eighteen hundred and thirty-five dollars, and insured by the insurance company for nine hundred dollars, which latter sum ...
Views: 5
At the election for directors of the San Francisco & North Pacific Railway Company, which was had at the annual meeting of the stockholders held February 25, 1896, the votes offered by Peter Gundecker, G. E. Wagner, and Sidney V. Smith, in whose names certain shares of stock stood on the books of the corporation, were rejected, and, at the close of the election, the chairman of. the meeting announ...
Views: 8
The annual meeting of stockholders for the election of directors of the San Francisco & North Pacific Railway Company was called to be held on the twenty-first day of January, 1896. On the 16th of January the plaintiffs herein filed their complaint in the superior court of Marin county against the defendants, in which they prayed for an injunction restraining the defendant, Smith, from casting any...
Views: 11
Plaintiffs are copartners in the practice of their profession as architects. They sued in this action to recover the alleged reasonable value of services performed, it is claimed, at defendant’s request, in the preparation of drawings, plans, and specifications for a building defendant had in mind to erect. After verdict and judgment in plaintiff’s favor, the court granted a new trial on the sole ...
Views: 5
This is an application for leave to file a stay bond in this court under the rule of practice es*618tablished in Hill v. Finnigan, 54 Cal. 493. Since the decision of that case the inherent power of this court to make an order to operate as a supersedeas, upon condition that a good bond shall be filed here, has not been questioned, and frequently such orders have been made. But they have not been m...
Views: 3
This is a motion for supersedeas, based upon the following facts: The defendants appealed from a money judgment, and in due time filed a stay bond in sufficient amount and proper form. On November 24, 1896, plaintiff excepted to the sufficiency of the sureties> and defendants gave notice that they would justify before the county clerk on December 4th, at 11 o’clock^ A. m. At that day and hour t...
Views: 4
By the terms of a written lease the plaintiffs in this action let to defendant Luiz for the term of one year, beginning September 1, 1894, a tract of farming and grazing land at the rental of two thousand eight hundred and eighty dollars, payable one-half on said September 1st, and the remainder on April 15, 1895. Among the covenants of the lease, for breach of which the lessors might re-enter, th...
Views: 3
This is an appeal by the plaintiff from a judgment of dismissal of its action for want of prosecution. The action was brought May 28, 1892, to recover three thousand five hundred dollars and interest on a promissory note made by defendant April 3, 1888, payable sixty days after date. Summons issued April 20, 1893, and was served January 4, 1894. Defendant filed his answer February 7, 1894, which, ...
Views: 5
The petitioner was convicted and sentenced to pay a fine, with the alternative of imprisonment, upon a charge of carrying on the business of selling liquors without a license, contrary to the provisions of an ordinance of Colusa county. He claims that his imprisonment is unlawful because the ordinance is void, and he bases this contention upon the decision in the case of Merced County v. Helm, 102...
Views: 5
This is a motion to dismiss an appeal from the judgment, upon the ground of failure to file the transcript within forty days after the appeal was perfected. The motion is resisted upon the ground that there is an unsettled bill of exceptions in the case awaiting the action of» the trial judge. It appears that in the superior court the cause was referred to a court *634commissioner, to take an acco...
Views: 3
This is an application for a partial distribution, made by the widow and children of deceased. J. B. Painter died testate, having by his will made many bequests and devises. Among other things, he gave to his brothers, J. Milton Painter and Theodore P. Painter, his interest in the partnership of Painter & Co., of which firm he had been a member, and also devised to them a certain building in which...
Views: 15
Defendant appeals upon the judgment-roll from a judgment for plaintiff, the point made by appellant being that the demurrer to the first, fifth, and seventh counts of the complaint should have been sustained. The complaint contains several different counts. In each count there is an averment of an indebtedness of the appellant to a certain person upon a contract, and an assignment by such person o...
Views: 4
This is an action to recover from defendant (a corporation), upon three several causes.of action, sums of money aggregating $1,596.65. Plaintiff had judgment for a balance of $1,309.73. Defendant appeals, and the cause comes up on the judgment-roll, without any bill of exceptions. The whole contention arises over plaintiff’s third cause of action. It appears that defendant, the Broadway Insurance ...
Views: 8
Plaintiff brought his action to recover of the defendant damages for injury occasioned to his property by the grading of Van Ness avenue at the crossing of Chestnut street. The work as done dammed a well-defined channel through which surface water was wont to flow, and backed the water upon the land of plaintiff. It was developed upon the trial that a contract had been let, after regular proceedin...
Views: 9
A demurrer to the complaint was sustained and judgment rendered for defendant, and from the judgment plaintiff appeals. On the fifteenth day of April, 1890, the plaintiff executed and delivered to defendant a deed conveying to her a certain described lot or parcel of land. It was duly acknowledged by plaintiff, and was, on said April 15th, duly recorded in the proper county. Upon its face the deed...
Views: 12
Judgment went for plaintiff in the court below, and defendants appeal from an order denying their motion for a new trial. The action is to foreclose two certain chattel mortgages executed by the appellants, Dowdell & Son, to the Bank of St. Helena upon certain wine, to secure two promissory notes given by said appellants to said bank, which were assigned to respondent immediately before the commen...
Views: 9
This is an appeal from a judgment of the superior court in and for the city and county of San Francisco foreclosing a mortgage, executed by the defendant upon certain real estate in said city and county, to secure the payment of a promissory note made by defendant January 17, 1891, for two thousand dollars, payable to the plaintiff Sophie Kahn,' with interest as specified, one year after date. Def...
Views: 11
Appeal from an order changing the place of trial. The motion was made upon the ground that the judge of the court was disqualified by reason of being related within the third degree to one of the attorneys for the defendants. At the hearing of the motion it was made *695to appear that John H. Hudner was the husband of a niece of the Hon. James F. Breen, the judge of the superior court for the coun...
Views: 6
This case is now before us on a motion of the respondent to dismiss the appeal for failure of the appellant to file his points and authorities within the time specified by the rules of this court, and also upon a motion that respondent be allowed damages upon the dismissal of the appeal, upon the ground that the same was taken merely for delay, etc. . *699The motion to dismiss the appeal must clea...
Views: 9
This is an appeal by the defendants from a judgment against them entered on the twenty-eighth day of November, 1895. The facts of the case, as they appear upon the record, *3are as follows: In 1893, the plaintiff commenced this action against the defendants to foreclose a mortgage given by the latter to the/former to secure a promissory note for two thousand dollars, dated April 27, 1892, payable ...
Views: 9
Plaintiff submitted to the defendant a bid for the performance of certain street work, and with the bid deposited its certified checks in the sum of three thousand dollars. Plaintiff was awarded the contract, but, becoming convinced that the proceedings were illegal, it refused to proceed, declined to enter into the contract, and made demand for the return of its checks. Defendant refused to compl...
Views: 1
On November 3,1891, the plaintiff made and delivered to William Frese & Co., a copartnership doing business at San Francisco, a letter of credit directed to Bullock Bros. & Co. of Rangoon, authorizing them to draw on plaintiff, at London, drafts at six months’ sight, for any sum or sums not exceeding in the aggregate £13,000 sterling, for the invoice cost of merchandise to be shipped from Rangoon ...
Views: 1
The defendant was convicted of an attempt to commit burglary in the first degree, and appeals from the judgment and from an order denying his motion for a new trial. His first point is that there was a variance between the proof and the indictment. 1. The indictment charged a burglarious entry of a house situate at Ho. 45 South Park, San Francisco, belonging to John Doe, whose real name is unknown...
Views: 8
This is a controversy without action, submitted upon an agreed statement to the superior court in and for the county of Stanislaus, under the provisions of section 1138 of the Code of Civil Procedure, to determine the legality of a tax imposed upon the plaintiffs and the right of the defendant as. tax collector to enforce payment thereof. By the judgment in the case the validity of the tax and the...
Views: 16
Plaintiff had obtained a judgment in the superior court against one C. E. Packard in an *35action to foreclose a mortgage. Packard prosecuted an appeal to this court, and gave an undertaking for damages and costs and to stay execution, with defendants for sureties. The judgment was affirmed upon appeal, and this action is prosecuted against tlie sureties upon the undertaking. Plaintiff suffered no...
Views: 3
This is an appeal by the defendant from a money judgment, in favor of plaintiff, in the sum of five hundred and twenty-three dollars and eighty-two cents, with interest, etc. The only point made by appellant for a reversal of the judgment is, that the findings are insufficient, because they merely find generally “ that each and all of the allegations of the plaintiff’s complaint are true and are s...
Views: 12
There has been submitted in this case a motion on behalf of the Abstract and Title Company, a corporation, for the substitution of said corporation as defendant and respondent in the place of Melville Archibald; and also a motion by said corporation and the defendant and respondent, Fannie Archibald, to dismiss the appeal herein upon the ground of a failure of appellant to file his points and auth...
Views: 0
The United States brought the present action against the appellant and many other defendants for the condemnation of a strip of land lying between the San Leandro and San Antonio estuaries for the purpose of constructing a tidal canal by which to turn the water from San Leandro Bay or estuary into the head óf San Antonio estuary. The complaint contains a description of the strip of land sought to ...
Views: 3
The superior court rendered a judgment herein which was entered January 18, 1895, by which it was decreed “that the marriage between the said plaintiff and the said defendant be dissolved, and the same is hereby dissolved, and the said parties are, and each of them is, freed and absolutely released from the bonds of matrimony and all obligations thereof; and it is further ordered, adjudged, and de...
Views: 1
Action upon a street assessment. The board of supervisors of San Francisco ordered “ that granite curbs be laid on Francisco street between Mason and Taylor streets where not already laid, and that the roadway thereof be paved with basalt blocks where not already so paved,” and a contract therefor awarded to the plaintiffs was on March 1, 1892, entered into between them and the superintendent of s...
Views: 13
This is an action to recover balance due on a contract for harvesting grain for the defendant. Judgment was for plaintiff, and defendant contends that there should be a deduction of eight hundred dollars from the judgment, on the ground that plaintiff did not harvest the grain in a good and farmer-like manner as he had contracted to do, and the evidence, and a stipu*64lation. made to serve in lieu...
Views: 2
1. The mortgage which is foreclosed herein was given to secure the payment of a promissory note of the defendant, Hart, and contained a clause which provided that in a suit for its foreclosure “ a decree may be had to sell the said premises in the manner prescribed by law, and out of the money arising from such sale to retain the principal and interest, together with the costs and charges of makin...
Views: 5
The record embraces appeals from two orders of the superior court—the first an order fixing the compensation of one Silver as receiver in the action, and the other an order denying an application of the appellant, Grant, to vacate a former order sub*72stituting him as plaintiff in the action in place of the California Bank, the original party plaintiff. Respondents object that the orders are not a...
Views: 2
Defendant was informed against in the county of Sacramento, under a statute approved March 31, 1891, entitled, “ An act to prevent the placing or keeping or leaving of married women in houses of prostitution, and to punish persons therefor.” (Stats. 1891, p. 285.) He pleaded not guilty, and upon a trial was convicted. He thereupon moved in arrest of judgment and also for a new trial, both of which...
Views: 5
The plaintiff brought this action for the foreclosure of a chattel mortgage upon two thousand three hundred and thirty sheep, that had been executed to its assignors. January 18, 1894, by the defendants, *83Erreca and Barrandeguy. In April, 1895, the mortgagors had sold to the defendant, Bruschi, fourteen thousand pounds of wool that had been grown upon the sheep described in the mortgage, after i...
Views: 4
The plaintiff leased from the defendant, Samuels, November 18, 1886, a tract of land in Napa county for the term of three years from May 2, 1887, and entered into possession of said land at the commencement of the term, and at its expiration, May 2, 1890, surrendered the premises to the plaintiff. The lease contained the following agreement: “ It is further mutually covenanted and agreed by and be...
Views: 6
This is an appeal from an order of the court below setting aside a judgment by default, rendered against the defendants, on the ground that the summons was served by publication, and that no copy thereof was served upon the defendants by mail or otherwise, although the defendants were nonresidents of the state, and their residence as shown by the affidavit for publication was known, and although t...
Views: 3
This is an action of ejectment to recover possession of a tract of land situate and being in the county of Santa Barbara; damages for the detention thereof and for the value of the rents and profits. Plaintiff had judgment for possession of the land and four hundred dollars damages. Defendant appeals from the judgment. The only error assigned is based upon the refusal of the court pending the tria...
Views: 3
Plaintiff brought this action against the Southern Pacific Railroad Company to recover damages for personal injuries sustained by him. He pleaded that the defendant was the owner of a certain railroad in the county of Los Angeles, and of its roadway, tracks, and appurtenances; that at the time of the injuries complained of he was employed by the defendant as a brakeman, and that while in the perfo...
Views: 12
The appellant was appointed attorney for the state board of health, by virtue of the provisions of an act authorizing such appointment (Stats. 1891, p. 209), June 13, 1891. July 11, 1895, the governor appointed the relator to succeed the appellant in the said office, and a commission therefor was duly issued to him. After qualifying for the office, the relator presented to the appellant his commis...
Views: 2
Plaintiff was elected district attorney of Los Angeles county at the general election in November, 1892, and entered upon his said office on the second day of January, 1893, that being the first Monday after the first day of January, and his term of office *112expired on the seventh day of January, 1895, that being also the first Monday after the first day of January of that year. The salary was f...
Views: 7
On March 18, 1889, one Staples borrowed of one Montgomery a sum of money; to secure its repayment Staples and S. B. Steele executed their promissory note payable in ninety days to E. W. Steele who indorsed the same to Montgomery; as between Staples and the Steeles they were sureties for him in this transaction. As further security for the loan Staples and his wife executed to Montgomery a mortgage...
Views: 4
The defendant served and filed a notice of appeal from the judgment and from the order denying a new trial, December 3, 1896, and on December 5th filed an undertaking on appeal in the sum of three hundred dollars, and also an undertaking to stay execution upon the judgment. The plaintiffs excepted to the sufficiency of the sureties, and, on December 38th, upon notice that they would justify on tha...
Views: 4
Nine actions for the foreclosure of certain mechanics’ liens, of which one was by the appellant, were commenced in the superior court, and by the order of the court consolidated and thereafter tried. The plaintiffs in the several actions were materialmen, and claimed liens upon certain buildings of the defendants Dusenbery and Stencel for materials which had been furnished by them to one Green, by...
Views: 2
This is a suit in equity brought in the superior court of the city and county of San Francisco to secure the modification of a judgment theretofore entered in that court, upon the ground that it was procured by fraud. The complaint alleges that in March, 1891, the present defendant, the Dyerville Manufacturing Company, brought an action in said superior court against M. Heller & Sons, the plaintif...
Views: 9
This is an appeal by plaintiff from á judgment in favor of defendants, and from an order denying its motion for a new trial. The notice of the motion for a new trial is based alone upon “ insufficiency of the evidence to justify the decision”; and all the questions raised by the appellant rest upon the insufficiency of the evidence. Respondents contend that there can be here no review of the evide...
Views: 5
This action was brought to recover $1,584.69, with interest on $831.48 thereof from July 28, 1893, and interest on the balance thereof from October 9, 1894. The cause was tried before a jury and a verdict returned in favor of plaintiff for $1,694. *142Upon a motion for a new trial the court made an order granting a new trial unless plaintiff should consent to reduce the verdict by $117.45, leaving...
Views: 3
In this case the Department having failed to agree upon a judgment, a .reargument was had in Bank. The defendant was a member of the board of election in the tenth precinct of the thirty-fifth assembly district, in the city and county of San Francisco, at the general election of 1894. The information charges that at such election the defendant and one L. M. Martinet altered the official returns, a...
Views: 8
Plaintiff had verdict and judgment against defendants for eight thousand dollars, as damages suffered by the heirs of his intestate through the death of the latter, resulting from injuries received in a collision between a car of the railroad company, on which he was a passenger, and a wagon of the brewing company, occasioned by the negligence of the defendants. The court below granted defendants ...
Views: 9
Appeals from the judgment and from the order denying a new trial. Plaintiff pleaded that the defendant, the Electric Rapid Transit Company, was a corporation organized and existing under the laws of the state of Kansas, and that it was not a railway, religious, or charitable corpo*172ration. He further alleged a judgment obtained against the corporation in the circuit court of the United States fo...
Views: 6
The defendant, convicted of the murder of Blanche Lament, prosecutes these appeals from the judgment and from the order denying him a new trial. Reviewing the specifications of error in their natural sequence, rather than in the order of their presentation in argument, the first which invite attention are defendant’s challenges to the panel. He contended that the list of trial jurors had not been ...
Views: 23
Ejectment for certain lands in the county of Humboldt. The title to the property in question was vested in William R. Duff in 1863, and upon his death, in 1875, the plaintiffs herein succeeded to his interest in the property as his heirs at law. In 1869 he, by his attorney, conveyed the property to Robert P. Duff, who mortgaged it to Huntoon July 19, 1877. In an action by these plaintiffs against ...
Views: 4
The plaintiff commenced this action on January 29, 1895, to foreclose a mortgage executed by the defendants, M. A. Luce and Adelaide M. Luce, on February 18, 1890, to secure payment of their promissory note for $4,000, made on the same day, and due one year after date. The note bore interest at the rate of thirteen per cent per annum, payable quarterly, and, if not so paid, then to become part of ...
Views: 6
This action was brought to recover damages in the sum of thirty-five thousand dollars for an alleged breach of a written contract between the parties. The jury returned a verdict for plaintiff in the sum of two thousand dollars, for which judgment was entered; and defendant appeals from the judgment and from an order denying his motion for a new trial. The contract out of which the litigation aris...
Views: 9
The defendant was convicted of murder in the second degree, and appeals from the judgment and from an order denying his motion for a new trial. 1. As to the first point made for a reversal, it is sufficient to say that the evidence fully enough shows that Manuel Moreno, the person killed, made his dying declaration under a sense of impending death, and that, *250therefore, the court did not err in...
Views: 10
The Ventura & Ojai Valley Railway Company was incorporated under the laws of this state April 21, 1892. Its capital stock, as provided in its articles of incorporation, was $250,000, divided into 2,500 shares of $100 each. Of this amount only 260 *262shares were subscribed at the commencement of this action. Prior to its incorporation a preliminary agreement therefor had been entered into between ...
Views: 11
One Corkery filed his petition in insolvency. At the time set for the election of an assignee by the creditors, claims in the amount of three thousand nine hundred and forty dollars and thirty-two cents were voted for O’Neill for assignee, and claims in the amount of three thousand seven hundred and five dollars and eighty cents were voted for Fleming for assignee. The total of these two amounts c...
Views: 13
This action was brought to recover damages for an alleged false and fraudulent represénta*268tion made by the defendant to the plaintiffs with respect to a certain lease executed between the parties. The jury found a verdict for the defendant, and judgment was entered accordingly. Plaintiffs appeal from the judgment and from an order denying a motion for a new trial. On December 30, 1893, the defe...
Views: 17
This action was brought June 16, 1894, by H. A. Ford and Edwin Clark to recover damages from J. J. Bushard and Joseph Mesmer for the violation of a written contract entered into by said defendants with the plaintiffs on September 11, 1890, for the sale and delivery by defendants to plaintiffs of say two thousand budded orange trees; five hundred thereof to be of the variety named Mediterranean Swe...
Views: 8
This is an action to foreclose a mortgage. Plaintiff had a decree. Defendants appeal from the judgment and from an order denying their motion for a new trial. The prominent facts are as follows: On the 5th of January, 1891, plaintiff brought an action in the superior court in and for the county of San Diego, to foreclose a mortgage executed by the defendant, Manuel Banegas, to secure the payment o...
Views: 11
Six persons, inclusive of appellant, who were officers of election in and for a certain precinct of *289the city and county of San Francisco at the general election held November 6, 1894, are jointly accused by the indictment in this cause of felony committed in violation of the “Act to promote the purity of elections.” (Stats. 1893, p. 24.) Eagan was tried separately and convicted. 1. It is provi...
Views: 2
An act entitled “An act to secure the wages of persons employed as laborers on threshing-machines,” approved March 12, 1885 (Stats. 1885, p. 109), provides: “ Section 1. Every person performing work or labor of any kind, in, with, about, or upon any threshing-machine, the engine, horse-power, wagons, or appurtenances thereof, while engaged in threshing, shall have a lien upon the same to the exten...
Views: 3
Defendant was convicted of a felony, and prosecutes this appeal from the judgment and order denying a motion for a new trial. 1. The jury were selected to try the defendant at the *297morning session of court, and an adjournment was then taken until 2 o’clock p. m. of the same day, at which, time the introduction of evidence was begun. During the time of adjournment the jurors were not in the cust...
Views: 11
The senate of the state was engaged in an investigation of the conduct of its members un-' der a published charge that some of them, whose names were not given, had taken bribes for aiding in the pas*299sage of a certain bill. The news editor and one of the reporters of the paper which published this charge were called upon to testify in the matter, and refused to answer certain interrogatories pr...
Views: 16
Defendant was charged with the crime of robbery, alleged to have been committed by taking from the person of one Smith a certain gold watch of the value of ninety dollars, one gold chain of the value of thirty dollars, and one gold knife of the value of five dollars. It is further charged that the property belonged to Smith, and that force and intimidation were used in the taking. He was convicted...
Views: 11
This is the contest of a will. The testator died suddenly, while traveling in the east, June 5, 1895. The proponent, with the exception of two trifling bequests, is the sole beneficiary and appellant. She claims to have been the wife of the testator; but this is denied by the contestants, who claim that the relation between her and the testator was illicit. The contest was tried with the aid of a ...
Views: 10
Replevin to recover possession of six hundred and thirty-eight sacks of wheat, or their value *320if possession cannot be bad. Plaintiff had a verdict for five hundred and seventy-one sacks, of the value of five hundred and seventy-one dollars, upon which judgment was entered. Defendant J. B. Blake (the action having been dismissed as to defendant Ballou) appeals from the judgment and from an orde...
Views: 4
This is an action brought by plaintiff to charge the property of the corporation defendant with a lien for certain work done by appellant in cleaning out a tunnel on the mining property of respondent. The action was brought against M. E. Crittenden, E. C. Lyles, and respondent, it being alleged that the labor was performed at the special instance and request of defendants Lyles and Crittenden, and...
Views: 3
This is an action to foreclose a mortgage executed by the defendants, Thomas J. Daley and Sarah M. Daley, his wife, on March 3,1890, to secure payment of two promissory notes of the same date. The notes were signed by both defendants, and each was for the sum of six thousand five hundred dollars, payable two years after date, with interest thereon at the rate of thirteen per cent per annum, payabl...
Views: 4
This is an appeal from a judgment entered upon demurrer to the complaint, and from an order dissolving an injunction. The plaintiffs are husband and wife, and sue to recover certain corporate stock. It is averred in the complaint that the plaintiffs intermarried July 11, 1852, and that on the thirty-first day of July, 1893, they owned the corporate stock, as community property, which on that day t...
Views: 21
These are separate appeals by different defendants from the judgment and from the order denying a new trial. They may be considered and disposed of together. The following facts present, in brief, the matter of plaintiff’s complaint: He is a taxpayer of the county of *352Alameda. Within the time required by law the assessor of the county made his assessment, completed his assessment-book, and duly...
Views: 10
The decedent in his lifetime executed his promissory note to the Hibernia Savings and Loan Society, payable February 10, 1887, together with a mortgage upon certain real estate to secure its payment. *356Prior to the maturity of the note, viz., April 6, 1886, he died, and a document purporting to be his last will and testament, which was presented for probate in April, 1886, was finally rejected J...
Views: 4
Patrick Lawler died September 9,1887, leaving him surviving a widow and certain children, and also leaving a last will and testament, which was admitted to probate by the superior court of Sonoma county October 25, 1887. In his will he appointed his widow, Bridget, and his son, Patrick, executors thereof and declared that his entire estate was community property, and recognized and confirmed the r...
Views: 14
This action was brought to recover the value of certain property alleged to have been transferred to defendants within one month before the com*366mencement of proceedings in insolvency, in violation of the Insolvency Act. In the complaint it is averred that on the nineteenth day of May, 1892, one Charles W. Pick, being insolvent, filed his petition alleging.his insolvency, and praying to be disch...
Views: 1
Plaintiff brought suit against the Richardson-Kimball Company, garnisheed the defendant, on attachment, and afterward recovered judgment against the Richardson-Kimball Company. An execution was issued against the Richardson-Kimball Company upon which plaintiff realized a portion of his debt, but left seven hundred and seventy-seven dollars andthirty-five cents still due and unpaid. At the time the...
Views: 3
This action was brought under the provisions of section 1202 of the Civil Code to correct a defective certificate of the acknowledgment of a deed of conveyance made by a married woman. Judgment was rendered in favor of the plaintiffs, and the present appeal is taken directly from the judgment upon the judgment roll alone, without any bill of exceptions. The ground of the appeal is that in the find...
Views: 8
This appeal is from a judgment by default, and from an order denying defendant’s motion to vacate said judgment and default. The action was commenced in the superior court of Kern county, June 20, 1895, and the summons was *380served upon the defendant at the city and county of San Francisco by the sheriff thereof on the twenty-fourth day of the same month, as shown by the return of said sheriff i...
Views: 12
Action to recover damages alleged to have been sustained by the plaintiff by reason of false and fraudulent representations made by defendant, *383whereby she was induced to purchase from the defendant certain bank stock. A general demurrer to the complaint was sustained, without leave to amend, and judgment was thereupon entered for defendant, and plaintiff appeals therefrom. Plaintiff purchased ...
Views: 0
Defendant was convicted for the embezzlement of a horse of the value of forty dollars, and appeals from the judgment. It is claimed that the trial court committed error in refusing to admit certain evidence offered, upon the plea of “ once in jeopardy.” This evidence showed that defendant had been previously convicted of the offense for which he was then upon trial; that he had appealed to this co...
Views: 1
defendant was convicted of the crime of embezzlement, and has appealed from the order denying his motion for a new trial, and from the final judgment entered against him. The indictment was filed May 29, 1895, and after stating the jurisdictional facts it charged that on or about the twenty-eighth day of May, 1895, the defendant, *390“ being then and there intrusted with and having in his control ...
Views: 3
Appeal from an order refusing to vacate an injunction. The action is in the name of the people, on the information of the attorney general, to restrain the commission of an alleged nuisance, the complaint alleging in substance that defendant, a corporation, maintains and operates a sawmill and box factory on the bank of the Truckee river, at the town of Truckee, in this state, in which it cuts and...
Views: 18
1. The complaint herein sufficiently states a cause of action. It alleges that the plaintiff was “heretofore” the owner and entitled to the immediate possession of certain personal property, and that the *404defendants, “within two years last past,” took possession and control of the property without the consent of the plaintiff, and converted the same to their own use and benefit, to the damage o...
Views: 1
Philip Richards died in 1887, leaving a last will and testament by which he made certain specific legacies, and left the residue of his estate to his brothers, William S. Richards and Francis Richards. He appointed William G. Richards, Francis Richards, and John Bennalack as executors of his will, and gave them power, after the expiration of two years from his death, to sell any portion of his est...
Views: 3
The defendant is a corporation under the laws of this state, and its certificate of incorporation was issued by the secretary of state June 6, 1890. The purposes for which the corporation is formed are stated in its articles to be “ to accumulate funds by the payment of each stockholder in periodical installments, and of investing the same for the mutual benefit and advantage of its stockholders, ...
Views: 3
On January 15, 1895, the plaintiff recovered a judgment in the superior court of Los Angeles county against the Castica Oil Company, a corporation, for the sum of two thousand six hundred and thirty-two dollars and fifty cents, and nine dollars and fifty - cents costs of suit, on which an execution was issued, and returned unsatisfied; and ten days later he commenced this action against the stockh...
Views: 2
The appeal herein is from a judgment of foreclosure entered upon the default of the appellant. It is recited in the judgment that the defendants in the action were severally, personally, and duly served with the summons, together with a copy of the complaint, that the default of the appellant for not answering was duly entered, and that the cause came on regularly for trial by the court upon the c...
Views: 2
This is an appeal from an interlocutory decree in a suit for partition. The point made by the appellants is that the decree does not determine the interest of all the various parties in the premises, and that for this reason it is invalid and should be reversed. The facts found by the court, and admitted by the parties, which are necessary to be noticed, are these: The premises consist of a city l...
Views: 5
Action to foreclose a mortgage executed by R. E. Muncy and Sadie E. Muncy, his wife, to secure the payment of a promissory note for $1,295, made by R. E. Muncy September 7, 1888, and payable on or before two years after date, with interest at ten per cent per annum. Defense, want of consideration, menace, and fraud. Defendants had judgment. Plaintiff appeals from the judgment, and supports his app...
Views: 2
Defendant was charged with the crime of burglary perpetrated on October 9, 1895. When the case was called for trial he moved the court to stay all proceedings against him, and assigned as ground for such motion that he had been regularly committed as an insane person to an asylum for such persons, had not been legally discharged therefrom, and was then insane. The proof was that on November 9, 189...
Views: 11
Certiorari to review an order of the superior court directing a citation to issue to petitioner, the said San Francisco Protestant Orphan Asylum, in a pending proceeding for the revocation of the probate of a will. The facts necessary to be stated are these: Edward Barron died on the twenty-fourth day of November, 1893, leaving an estate worth nearly two million dollars, and a 'will which was prob...
Views: 7
This is an action upon a contract whereby plaintiff agreed to construct a ditch. The defendants are associated farmers of Kern county. The complaint charges them as partners in a certain ditch under the firm name of the Whitney Creek Ditch Company. Plaintiff avers that he and defendants entered into an agreement in writing, whereby he agreed to construct the ditch, for which defendants contracted ...
Views: 2
Motion for a writ of supersedeas. A judgment was rendered in favor of the plaintiff that the defendant within ten days after its entry pay, satisfy, and discharge certain indebtedness existing in favor of the Anglo-Californian Bank, Limited, upon two promissory notes, amounting to five thousand dollars, held by it, and within said date procure a release of the plaintiff’s intestate from liability ...
Views: 2
Motion to dismiss the appeal. Judgment in this action in favor of the plaintiff and against the defendants was rendered July 31, 1895, and entered August 7, 1895. July 6, 1896, the defendants Stroud filed with the clerk of the superior court and served upon Frank H. Short, who had been the attorney of record of the plaintiff, a notice of appeal from said judgment, and also from an order denying a ...
Views: 4
Plaintiff sues to recover three hundred and twelve dollars, which he had on general deposit with the defendant, but which defendant refused to pay upon his order. The defense is that the defendant had paid three drafts guaranteed by plaintiff amounting to four hundred and fifty dollars, which drafts had not been paid by the drawee or drawer, although demand had been made, and that thereupon the ba...
Views: 2
This action is upon a promissory note made by Meyer Greenberg, L. J. Greenberg, and B. Schwartz, dated March 5, 1894, at one year, to order of the plaintiff, for the sum of five thousand dollars, with interest at ten per cent until paid, and at the end thereof, above the signature of the makers it was added: “This note is given to secure overdraft of Greenberg Bros.” The complaint is in the usual ...
Views: 2
Action to enforce an assessment for the expense of constructing a sewer in the city of Los Angeles. A judgment sustaining a demurrer to the complaint was reversed on a former appeal. (White v. Harris, 103 Cal. 528.) After that decision trial was had in the court below, and resulted in favor of defendants. The decision of one of several questions now argued by counsel will suffice for the dispositi...
Views: 3
In this case a judgment was entered in the court below by which it was adjudged: 1. That plaintiff was not entitled to take anything upon the cause of action set forth in his complaint; 2. That defendant, John Cross, do have and recover nothing of and from F. C. Reed, upon the said defendant’s cross-complaint; 3. That defendant recover his costs, amounting to the sum of $19.95. Plaintiff appeals f...
Views: 3
This is an action upon a promissory note for four hundred dollars, executed by the defendant to the plaintiff on December 27,1887, and payable four months after date, with interest. The complaint was filed October 27, 1888. The answer admitted the making of the note, and that plaintiff was the owner and holder thereof, and that no part of the same had been paid. It then sets up facts which it was ...
Views: 3
Respondent asks that the appeal herein be dismissed on the ground that no undertaking on appeal was given, nor was there an order of court dispensing with the undertaking, as authorized by section 946 of the Code of Civil Procedure. Appellant claims that his case comes within the provisions of section 1058 of the Code óf Civil Procedure, which reads as follows: “ Any civil action or proceeding whe...
Views: 4
This action is prosecuted by the plaintiff to quiet title to a certain mining claim called the “Adams mine.” The cause was tried by the court without a jury, and written findings were filed in favor of the defendants. This appeal is from the judgment and from an order denying the plaintiff’s motion for a new trial. Appellant’s first contention is that the court erred in denying plaintiff a trial b...
Views: 6
order in full as made by the court below, omitting the part sustaining the demurrer, was this: “And it appearing to the court that the objection raised by the demurrer to the information may be avoided, leave is granted to the district attorney to file a new information.” This order very clearly shows that the intention of the court was to direct that a new information, curing the suggested defect...
Views: 0
This is an action to recover damages for the failure to convey certain water and water rights, and also to recover damages claimed on account of the defendants entering upon the premises of the plaintiffs, and shutting certain water off from plaintiffs’ land. Plaintiffs bought a certain tract of land and also certain water rights and privileges from defendants, and paid therefor the lump sum of fo...
Views: 3
Writ of mandate. The Teralta Land and Water Company (a corporation), respondent herein, filed its petition, duly verified, in the superior court, in and for the county of San Diego, showing that it was the owner of certain described lands, situate in said county of San Diego, which were sold for delinquent state and county taxes duly levied for the fiscal years 1889-90, 1890-91, and 1891-92, and p...
Views: 12
The appellant is a corporation engaged in conducting a factory for the manufacture of tin cans and other articles. Nora Russell, a minor, and employee, brings this action in the name of her guardian *529ad litem for damages for personal injuries received. The jury found in her favor, and assessed the damages at the sum of two thousand five hundred dollars. The corporation appeals from the judgment...
Views: 15
This is an appeal from the final judgment given in favor of the plaintiff upon foreclosure of certain four mortgages of real estate. The appeal is taken on the ground, as claimed in appellants’ brief, that the clause in each of the notes, secured by the mortgages respectively, relating to interest was illegal and void, in attempting to give a penalty for nonpayment of interest; and that the decree...
Views: 2
Action to quiet title to a parcel of land in the city of Sacramento. On a former appeal it was held that plaintiff’s claim of title by adverse possession was not supported by the facts, and a judgment in her favor was reversed. (McGrath v. Wallace, 85 Cal. 622.) Upon a new trial the plaintiff relied on certain tax titles; it appeared that on December 26, 1864, there was a sale of the land in contr...
Views: 5
This action is brought by plaintiff against Abraham E. Hecht and fourteen other defendants to recover from them, as stockholders in the Pacific Jute Manufacturing Company, a California corporation, *555their proportion of a promissory note made by said corporation to the Farmers and Merchants’ Bank of Los Angeles, dated April 20,1881, for the sum of forty thousand dollars, payable fifteen daj^s af...
Views: 3
Defendant was convicted of murder of the first degree in the killing of his wife, Agnes Hill, and adjudged to suffer death. He appeals from the judgment and an order denying him a new trial, the exceptions urged all being based upon rulings at the trial. 1. To support the defense of insanity relied on by defendant, he introduced evidence tending to ■ show certain peculiarities of temperament, disp...
Views: 17
This action was brought by plaintiff against defendant to recover treble damages for injury done to plaintiff’s land by a fire, alleged to have been kindled by defendant on his land adjoining the land of plaintiff, and to have been so negligently watched and tended that the fire came upon plaintiff’s land, and burned and destroyed pasture, fences, etc. The jury found a verdict for three times the ...
Views: 3
This action is brought by the plaintiff for the purpose of having it declared that defendant holds the undivided one half of a certain tract of land described in the complaint as the trustee of the plaintiff, and to obtain a conveyance thereof by defendant to plaintiff, and an accounting for rents and profits. The court below rendered judgment for plaintiff, from which, and from an order denying a...
Views: 13
Defendant was charged with grand larceny in stealing seventeen dollars from the person of one James Shaw, and convicted. He complains that the evidence did not warrant the verdict. Shaw and the defendant had their beds near together in the open air. Shaw on going to bed removed his trousers, in the pocket of which was the money, and placed them under his head as a pillow; while he slept they were ...
Views: 19
This is a suit to determine a water right. The court below adjudged that the defendant’s right to take and use water out of the stream in controversy, “for all his uses on the land occupied by him,” was “ paramount, to the right of plaintiffs to use said water,” and from that judgment the plaintiffs appeal on the judgment-roll. The findings are in substance as follows: On November 3, 1875, and for...
Views: 8
By this action plaintiff seeks to have a strip of land extending northerly and southerly across what is called Spend's Addition to the city of Stockton declared to be a public highway, and to remove obstructions therefrom. Judgment passed for the defendants, and from this judgment and from the order denying a new trial plaintiff appeals. The determinative question in the case is whether the eviden...
Views: 0
This is an action to foreclose a mortgage upon certain real property, executed by the defendant, Albert Haffenden, to secure payment of his promissory .note for seven thousand dollars. The complaint alleges that the other defendants have or claim some interest in or liens upon"the mortgaged premises, which interests, claims, and liens are all subsequent and subordinate to the lien of plaintiff’s m...
Views: 6
This is an action to foreclose the lien of a street assessment, levied by virtue of a contract for grading and paving in part with basalt and in part with bitumen and for curbing Channel street, in the city of Stockton, from the east line of Hunter street to the west line of California street, etc. The contract was let by the street superintendent of the city of Stockton on the twelfth day of Sept...
Views: 3
This action was brought to recover upon a promissory note made March 16, 1894, by appellant *614and Edwin Morris, for four hundred and fifty-seven dollars and fifty cents, and payable one day after date to Joseph Huber or order, and indorsed to the respondent herein. Morris made default. Appellant Hanke answered the complaint. The answer is in some respects sui generis. It admits making the note, ...
Views: 3
This action was instituted by.the people of the state of California, on the relation of Joseph *618Lind, to abate an alleged public nuisance caused by the discharge of the sewage in the city of San Luis Obispo from the sewer system constructed therein and the vault located at the lower end thereof into the San Luis Obispo creek. The cause was tried by the court, and very full findings of the facts...
Views: 2
The application is for a writ of mandate. A demurrer was interposed to the petition, which was sustained by the court, with leave to plaintiff to amend. Plaintiff declined to amend, and prosecutes this appeal from the judgment of the court entered against him. His petition discloses the following facts: He is an attorney at law, and the defendant Barnum was and is the auditor of the county of Fres...
Views: 4
A demurrer to the complaint was sustained, with leave to amend; and plaintiff declining to amend, judgment was rendered for defendant. From this judgment plaintiff appeals. It is alleged in the complaint that on September 11, 1893, one A. L. Fish entered into a certain contract set forth in the complaint, with the defendant, the city of Sacramento; that thereafter on March 1, 1894, the said Fish d...
Views: 0
This appeal is from the judgment and from an order denying a new trial. *634Plaintiff sued to recover damages for the alleged breach of a written contract, by the terms of which the defendant, Marie A. Curtis, agreed to deliver to plaintiff at its packing house in Fresno all of her Malaga grapes, not less than eighty tons, then growing on her premises, as soon as they should be in a suitable condi...
Views: 3
When this cause was pending in Department, an opinion was prepared by Commissioner Britt, and concurred in by Commissioners Vanclief and Haynes. The case was subsequently ordered into Bank. After a full hearing by the court, and a careful examination of the entire case, we are satisfied that we cannot give better expression of our views than by adopting Commissioner Britt’s opinion, which we accor...
Views: 15
The defendants have been convicted of the crime of robbery, and appeal from a judgment and order denying a motion for a new trial. A new trial is claimed upon the ground of newly discovered evidence. This purported evidence, as shown by affidavits, consists of statements made by the prosecuting witness to various Chinese after the alleged robbery. These statements are to the effect that he, the pr...
Views: 1
The defendant was convicted of a felony, technically designated in the information as an assault with intent to commit the infamous crime against nature. He appeals from the judgment and order denying his motion for a new trial. The facts of the case do not make out the offense of which the defendant has been convicted. It has been so held in at least two cases. (See Prindle v. State, 31 Tex. Crim...
Views: 12
Action to foreclose a mortgage executed by W. C. Turner, deceased, to secure his promissory note for $500 and interest, dated March 5, 1890. W. W. Gray is the administrator of the estate of Turner, and the other defendants are his heirs, and no personal judgment was asked or had against them. The note and mortgage were given to E. J. McKain, and by him indorsed and assigned to W. W. Westbay, the p...
Views: 3
This is an action for conversion brought by plaintiff against defendant for a certain stock of goods and merchandise which defendant had seized by writ of attachment as sheriff of Riverside county in the suit entitled J. A. Simms versus E. M. Stanton. The defendant justified under his writ. Plaintiff claims ownership of the goods at the time of their seizure. The cause was tried by the court, and ...
Views: 2
Defendant was charged with assault with intent to murder, and was convicted of an assault with a deadly weapon. He appeals from the judgment and from an order denying him a new trial. 1. The person upon whom the assault was committed was one Clara, an Indian woman, who was at the time living with defendant as his wife. It appeared by the evidence of the prosecution that the parties were encamped n...
Views: 13
Plaintiffs agreed with defendants for the purchase of certain land, and deposited with the latter five thousand dollars as earnest money pending investigation of the title. This action was brought to recover such deposit, plaintiffs claiming that the title was not good or satisfactory; defendants denied the defects alleged, and filed a cross-complaint to compel specific performance of the contract...
Views: 1
The plaintiff filed a petition or complaint in the superior court, in which he asked for a writ of .mandate to be directed to the defendants, Swamp Land District, No. 307, and J. C. Glide, Francis T. Dwyer, and Joseph L. Monica, the present trustees of said district, commanding them “ to proceed to have an assessment levied upon the lands in said district sufficient to pay, and for the purpose of ...
Views: 15
The defendant was charged in the information with the crime of murder, and was convicted of manslaughter. He appeals from the judgment and order denying his motion for a new trial. 1. The main point made by appellant for a reversal is that the court erred in permitting the testimony of one Champion, taken at the preliminary examination, to be read in evidence by the prosecution—the contention bein...
Views: 3
In August, 1893, there were pending in the superior court two certain actions, in each of which the appellant here, Davis, and the respondent,' Mary J. Randall, were the main contestants. One of these actions was brought in the name of E. C. Vancil, to foreclose two certain mortgages upon the premises described in the complaint, one executed October 19, 1883, by the defendant, Nicholas W. Randall,...
Views: 7
This action is prosecuted by the plaintiff to quiet title to certain water rights alleged to be appurtenant to certain of his lands as riparian owner. The cause was heard upon an agreed statement of facts and the deposition of one witness. Written findings were filed and judgment entered. The defendants moved for a new trial, and upon the hearing thereof the following minute order was made: “ Defe...
Views: 7
Appeal by the people from an order sustaining a demurrer to an information attempting to charge defendant with forgery, in writing and sending to John H. Wise, as United States collector of customs, at the port of San Francisco, a certain alleged false, forged and fraudulent letter, purporting to have been written and signed by one Chin Q,u Sing, the interpreter of the police court of the city of ...
Views: 8
This is an appeal by plaintiff from an order of the court below opening the default of the defendant, and setting aside a judgment which had been entered upon said default in favor of plaintiff and against the defendant. *34The action is brought against the respondent, as administratrix of the estate of William ICreling, deceased, to recover quite a large sum of money alleged to be due plaintiff f...
Views: 4
This action is brought to recover five hundred dollars damages for the unlawful taking and conversion of a stock of liquors, bar fixtures and furniture, the property of one L. Koch, and by him assigned to the plaintiffs herein December 31, 1895. Defendant denied the allegations of the complaint. For a further answer he justified the taking by showing that he was and is the sheriff of the county of...
Views: 5
These are two actions of replevin, brought by the respondents respectively, and, by stipulation of counsel, tried together. The appeal is from an order in each case denying defendant’s motion for a new trial, and the two cases come up on the same record. The question involved in each case (aside from a proposition involving the exclusion of a deposition offered by defendant as testimony) relates t...
Views: 9
This action was commenced in the superior court of Modoc county to recover the sum of four hundred and twenty-five dollars, alleged to be the balance due and unpaid for thirty head of cattle sold and delivered by plaintiffs to defendant on or about November 7, 1892, at the agreed price of twenty-two dollars and fifty cents per head. The complaint, which was verified, alleged that defendant paid to...
Views: 3
In this case, a demurrer to plaintiffs’ amended complaint was sustained without leave to amend further, and judgment final was rendered for defendant. It is alleged in said complaint, among numerous other matters, that plaintiffs are the owners of lands situated within a certain irrigation district in Los Angeles county; that defendant was, prior to March 6, 1895, the duly elected and qualified co...
Views: 3
This is an action of ejectment to recover possession of a parcel of land in the southerly part of the city and county of San Francisco. Defendant denied the title of plaintiffs, and pleaded the bar of the statute of limitations as provided by sections 318 and 319 of the Code of Civil Procedure. At the trial a nonsuit was granted on motion of defendant, and plaintiffs appeal from an order of the co...
Views: 1
The plaintiff claiming title to certain real property, and out of possession, brought this action under section 738 of the Code of Civil Procedure to quiet his title and secure possession. Judgment went against defendant, and he appeals therefrom, and also from the order denying a motion for- a new trial. The title to the parcel in dispute was originally in plaintiff’s intestate, John G. Downey, a...
Views: 4
The defendant was convicted ■ of the crime of burglary in the first degree, and appeals from the order denying his motion for a new trial. There was no error committed by the court in allowing the witness, Auble, to remain in the courtroom during the examination of witnesses. The exclusion of witnesses during the time in which the evidence is being placed before the jury is a matter largely in the...
Views: 5
This is an action to recover damages sustained by the plaintiff as a tenant of the defendants of the third and fourth floors of the building 105 Stockton street, San Francisco, by reason of repairs and alterations made by defendants upon the second floor of said building, whereby the business of the plaintiff as the keeper of a lodging-house was injured; her water supply cut off, her furniture dam...
Views: 10
By virtue of an order of sale issued upon a judgment entered in the superior court for Butte county for the foreclosure of a mortgage upon certain lands, and their sale in satisfaction of the mortgage debt, the defendant Atchison, who had been appointed by the court a commissioner therefor, sold the lands March 23, 1895, to his codefendant, Green, for the sum of $8,000, and issued to him a certifi...
Views: 2
Appeal by defendants Wright and Johnson from a judgment quieting plaintiff’s title to a piece of mining ground in Nevada county, and from an order denying said defendants a new trial. The complaint was in the usual form, alleging title and possession and right of possession in plaintiff, and that defendants made some claim adverse to the plaintiff in the premises which was without right. Appellant...
Views: 7
The defendant has been convicted of the crime of murder in the first degree, and the penalty of death affixed. He appeals from the judgment upon the single ground that the court committed error in instructing the jury as to the law in two certain particulars. The most serious objection of defendant is taken to the action of the trial judge in giving an instruction bearing upon the question of insa...
Views: 1
Plaintiffs are the executors of the will of Mariano Malarin, deceased, and the defendant is the clerk of the superior court of Santa Clara county. On June 18, 1895, said executors presented to said clerk the inventory and appraisement of the estate of said decedent and requested him to file the same, and tendered as fees for said and other services rendered prior thereto the sum of twenty dollars....
Views: 8
This action is sui generis. The complaint as it was originally drawn, and as it was at the trial, and until the close thereof, among other things averred in substance that the corporate defendant, the Argonaut *89Land and Development Company, on the first day of May, 1890, owned a certain tract of land which it was endeavoring to sell for one hundred and forty thousand dollars, and that certain of...
Views: 3
The action involves the right to the use of the waters of two gulches, known respectively as “ Heybrook Gulch” and “ Barker Gulch,” tributary to Greenhorn creek, in Siskiyou county. The complaint alleges the ownership in plaintiffs and their predecessors for upward of forty years of a ditch known as the “Cornish & Co.” ditch, which taps said Greenhorn creek, and in its course along the bank of sai...
Views: 3
This is an action of quo warranto, in which the only defendant is the corporation whose right to be a corporation is called in question. Whether such an action can be maintained is questionable (People v. Stanford, 77 Cal. 360), but as no objection is made for lack of the proper parties, and the question is of public interest, we will not raise the question ourselves. The defendant claims to be a ...
Views: 3
Defendant was charged by information with the crime of forgery, alleged to have been committed at the city and county of San Francisco, on or about December 18, 1895. To the information defendant pleaded: 1. Not guilty; 2. Once in jeopardy; 3. Former acquittal. Upon the trial the defendant was found guilty as charged. The jury also found for the “people on former pleas” of once in jeopardy and for...
Views: 24
These are separate appeals from the judgment, taken within sixty days after its rendition, the evidence being brought up for review by a bill of exceptions. In the case numbered Sacramento 123 the plaintiffs are appellants; in the case numbered. Sacramento 185 defendant Behlow is appellant. As the points presented upon both appeals are identical, they may be considered in one opinion. There are al...
Views: 0
This is an action to recover possession of 1,400 sacks of wheat and 760 sacks of barley, or the sum of $2,300, the value thereof, and $250 damages for detention. The case was tried by the court without a jury, and the judgment was in favor of the defendants, from which and from an order denying a new trial the plaintiff appeals. The facts of the case as disclosed by the record are in substance as ...
Views: 5
On February 13, 1894, Caroline M. Cook, now deceased (referred to herein as plaintiff) wife of Joseph A. Cook, filed her verified complaint in the superior court of Riverside county, alleging owner*143ship of certain land situated therein, and claiming an undivided one-fourth interest in the land, and an ownership of an undivided three-fourths interest in the same land in the defendant, and prayin...
Views: 3
Plaintiff, as a depositor in the Savings Bank of San Diego, a corporation organized under the laws of this state, and as assignee of the claims and demands of other depositors therein, sued defendants *160to enforce their constitutional and statutory liability as stockholders of the bank. Judgment passed for plaintiff, and from this and from the order denying them a new trial defendants appeal. Th...
Views: 4
Plaintiff instituted this proceeding as contemplated by section 5493-J of the Political Code, seeking a determination of the validity of an assessment which it had caused to be levied for purposes of reclamation. Summons was served upon all the property owners in the district. They suffered default, saving the defendant Van Loben Seis, who appeared and contested. From the judgment, which was adver...
Views: 2
This is an action to quiet the title of plaintiff to the waters of San Luis Obispo creek, and to restrain the defendants from diverting said waters. The complaint alleges that plaintiff became a corporation June 4, 1895, whose object it was to furnish the town, now the city, of San Luis Obispo, in the county of that name, and the inhabitants thereof, with pure( fresh water, and is now so engaged. ...
Views: 7
The defendant was prosecuted for the murder of William H. Farrell, and was convicted of manslaughter. He appeals from the judgment, and from the order denying him a new trial. Defendant was the husband of Farrell’s sister, and, with his wife and nine-years’-old son, was living upon a mountain ranch in Shasta county. Farrell, though he was a not infrequent visitor at his brother-in-law’s house, was...
Views: 0
This is an action brought by plaintiff against defendant to enforce a claim for a portion of the bonded debt of plaintiff. The complaint alleges: That by act of the legislature (Stats. 1875-76, p. 26) plaintiff was authorized to issue and did issue $75,000 of bonds to build a courthouse, and by another act (Stats. 1877-78, p. 198) was authorized to issue and did issue road bonds to the amount of $...
Views: 4
This is an action to foreclose fifty bonds of a railway company, of the par value of one thousand dollars each, exclusive of coupons, and to have the proceeds, after judicial sale, applied to the payment of a certain promissory note made to plaintiff by Behrend Joost, the appealing defendant, for twenty-five thousand dollars. An agreement was made by defendant Joost that the bonds might be sold fo...
Views: 2
The plaintiff seeks by this action to enforce a mechanic’s lien on certain real property in San Francisco belonging to the defendant, Ellen Lyons, for work done by it in the improvement of the street in front of said property. The defendant, Ellen, is the wife of her codefendant, James M. Lyons, and the land is her *213separate property. The work done by the plaintiff was performed under a written...
Views: 5
The plaintiffs constitute a partnership under the firm name of Meherin Brothers, and as such were a member of the defendant, which is a corporation very similar in its character and purposes to the other numerous produce exchanges throughout the country, described by Messrs. Bisbe and Simonds in their treatise on the “ Law of the Produce Exchange.” On November 12, 1884, the defendant, by a unanimo...
Views: 4
Action to foreclose a mortgage, in which defendant suffered default. The mortgage provided that, in the event of foreclosure, the mortgagee might retain from the proceeds of sale the costs and charges of suit, “ including counsel fees at the rate of -per cent.” The prayer aslced for the principal and interest due, “ and for costs of suit,” the sale of the mortgaged premises and application of proc...
Views: 5
After a careful examination of the points involved in this appeal we are satisfied with the opinion and judgment rendered in Department. For the reasons given in the Department opinion the judgment and order appealed from are reversed, and the court is directed to sustain the demurrer to plaintiff’s complaint, with leave to plaintiff to amend. The following is the opinion rendered in Department On...
Views: 2
Judgment in this action was entered by default April 6, 1896. January 29, 1897, a motion to set aside the judgment was made on behalf of the defendants, and was denied February 15th. April 5th an appeal was taken from the judgment, and also from the order denying the motion to set it aside. No transcript having been filed in this court, the respondent, on May 22d, gave notice of the present motion...
Views: 1
Motion to dismiss the appeal. The findings of fact and conclusions of law made upon the trial of the above action were filed with the clerk May 1, 1897, and judgment ordered in favor of the plaintiff and against the defendants and intervenor. On the same day the defendants and intervenor filed notices of appeal from this judgment, and also perfected their appeals. Judgment was not entered of recor...
Views: 2
The defendant has been convicted of extortion, and appeals from the judgment and order denying his motion for a new trial. A demurrer was filed attacking the sufficiency of the indictment. This demurrer was properly overruled. Among the grounds relied upon for a new trial, it is claimed that one of the jurors was intoxicated during the progress of the trial. Upon the showing made by the affidavits...
Views: 5
The appeal is by the plaintiff upon the judgment-roll. The action was brought against the sureties upon the bond of William F. Hopping, sheriff of Shasta county, to recover the value of certain horses and cattle alleged to have died while held under attachment by the said sheriff, by reason of his failure to procure the necessary feed for .them. The defendants had judgment. Hopping was elected and...
Views: 2
In November, 1893, the above-named plaintiff brought an action against the defendant, the Consolidated Piedmont Cable Company, to foreclose a mortgage made by defendant upon its property, consisting of real estate, buildings, franchises, street railway, cars, machinery, etc. *238The court, on the application of plaintiff, appointed Ira Bishop receiver of the mortgaged property, to take possession ...
Views: 3
The law of this state relating to the office of insurance commissioner provides, among other things, for the collection by the commissioner of certain fees and assessments from persons and corporations engaged in the business of insurance, and that he shall “pay monthly into the state treasury whatever amounts may be received and collected by him.” (Pol. Code, sec. 606.) Appellant held said office...
Views: 3
Defendant was charged with rape, committed upon a minor under the age of consent. He was convicted of assault with intent to commit rape, and appeals from the judgment and an order denying him a new trial. 1. The prosecuting witness was a young girl between eight and nine. years of age; her story as to the circumstances of the offense was, briefly, that in returning from school in the country dist...
Views: 9
Appeal from the judgment. Plaintiff entered into a contract with one Charles Scranton for the erection of a building upon a lot of land owned by the former. The contract price exceeded one thousand dollars. The contract was in writing, and was accompanied by a bond, with two sureties, who guaranteed the faithful performance by Scranton of his contract, and also guaranteed the delivery of the build...
Views: 2
Appeal from the order denying plaintiff a new trial. Plaintiff sued defendant, administrator of the estate of Joseph Spanier, deceased, to recover certain sums of money which he alleges were deposited by himself and by his assignors with Spanier upon the latter’s promise to repay upon demand. The defendant made denial, and upon the trial was allowed to introduce evidence showing that the debts wer...
Views: 3
Appeals from the judgment and from the order denying the plaintiff a new trial. Defendant Frank Staut was the driver of a wagon of the defendant Empire Steam Laundry. Plaintiff charged that he was injured by the negligence of the defendant laundry and its employee, Staut, under the following circumstances: About the hour of noon he was walking on the north sidewalk of Second street, in the city of...
Views: 10
This is an appeal by the proponents *265of the will of Bridget Wilson, deceased, which was probated on May 9, 1893, from a judgment vacating the probate and from an order denying proponent's motion for a new trial. The said Bridget Wilson died on the fourteenth day of March, 1893, at Los Angeles, California. She left a will, dated February 27, 1893, and executed on that day, and a codicil to said ...
Views: 15
The decedent, by his last will and testament, left various legacies to his brothers and sisters, and also a legacy of two hundred thousand dollars to his nephew, Henry W. Payne. Upon proceedings therefor in the superior court of the city and county of San Francisco, by virtue of the act commonly known as the act providing for a collateral inheritance tax, passed March 23, 1893 (Stats. 1893, p. 193...
Views: 12
Upon the contest of the probate of the last will and testament of Mary Kaufman, deceased, filed by the respondent herein, a jury was called to try the issues presented thereby, and at the conclusion of *291the testimony the contestant conceded that all the issues raised by her contest, except those of undue influence and fraud, should be determined in favor of the proponent, and thereupon withdrew...
Views: 8
Upon the face of the complaint the cause of action and relief sought are not made perfectly clear. The trial court held the action to be one to enforce a right of way by plaintiff as appurtenant to his land over and across certain parcels of defendant’s land; and respondent’s counsel agrees with the trial court as to the nature of the cause of action. Treating the action as of the character denomi...
Views: 10
This is an action to recover damages for injuries to real estate. An appeal is prosecuted to this court from the judgment and order denying plaintiff’s motion for a new trial. Plaintiff objected to Mr. Annable, one of defendant’s attorneys, appearing in the case, upon the ground that liis prior professional relations with her had been such as, in law, to deprive him of that right. On taking eviden...
Views: 8
Plaintiff, when a child of eleven years, began living with Mrs. H. N. Sherman. At that time the child had two hundred and fifty dollars deposited to her credit by her father in a savings bank in the city of Stockton. Thereafter at various times Mrs. Sherman persuaded the child to draw the money from the bank in small sums, until finally it had all passed into the possession of Mrs. Sherman. When t...
Views: 5
T'his is an action to foreclose a contractor’s lien for certain work done upon the sidewalks in front of certain lots in the city of San Luis Obispo. Plaintiff filed a complaint, and caused summons to issue, which was served upon defendant Sallie Zederman only. Plaintiff caused default to be entered against her *319by the clerk for not answering, whereupon her counsel moved to set aside the defaul...
Views: 1
This is an action upon a promissory note dated December 15, 1888, due thirty days after date, executed and delivered by one A. A. Bonney to defendant, and by him indorsed to plaintiff on February 5,1889. Plaintiff alleges that the note was indorsed by defendant, after the same had been dishonored by nonpayment, and for a good and sufficient consideration; that at that time defendant waived all pre...
Views: 1
The defendants had judgment, and the plaintiff appeals therefrom and from an order denying his motion for a new trial. Respondents object to the consideration of this appeal upon the ground that the record does not show that any of the papers appearing therein have ever been filed or used in the court below—except the notice of intention to move for a new trial and the notice of appeal—and that, a...
Views: 0
Foreclosure of mortgage on lines of street railway and appurtenant property in the city of Los Angeles, alleged to have been given as security for an issue of bonds of the Pacific Railway Company. The defendants in the action are numerous, but only the company named prosecutes the present appeal. There was a former appeal from the judgment by certain other defendants (Illinois Trust etc. Bank v. P...
Views: 3
This is a proceeding under a writ of review to have a certain order declared void. The court had made the decree of distribution in the estate of Solomon Heydenfeldt, deceased, and under that decree certain property belonging to the estate was distributed to the petitioner, and in pursuance of the decree was given into her possession by the executors. Subsequently, the decree was reversed by this ...
Views: 6
B. F. Ligget, having been adjudged an insolvent debtor upon the petition of his creditors, filed a petition in the superior court asking to have set apart as a homestead lots 1, 2, 3, 4, 9, and 10 of block 2, range D, of the town of Davisville, in Yolo county. The assignee appeared and contested the petition as to a portion of the property sought to be set apart. Findings were filed by the court, ...
Views: 6
Mandamus. Defendant Mulford is the president, and defendant DeBurn is the secretary of the board of education of the city of Sán Diego; such *357board is created by the charter of said city, and is charged under the law with control of the affairs of the San Diego school district, which district itself, by its corporate name, is also a party defendant here. On April 27, 1891, plaintiff presented t...
Views: 5
The town, or, as it is called officially, the city, of Long Beach, in Los Angeles county, is a municipal corporation of the sixth class, in which class are included all cities having less than three thousand inhabitants, organized under the act of March 13, 1883, “To provide for the organization, incorporation, and government of municipal corporations.” Defendants compose the board of trustees of ...
Views: 8
Action in claim and delivery to recover three horses or their value.. Defendant set up two defenses to the action: 1. Denial of most of the material allegations of the complaint; 2. That the three horses, with four others owned by plaintiff, were found damage feasant upon his premises; were impounded, notice given to plaintiff, damages assessed, property sold by constable and purchased by defendan...
Views: 0
Appeal from the judgment. The action was brought to recover eight hundred dollars for sick benefits. The complaint charges that defendant, by a contract in writing, agreed to pay plaintiff four dollars per week in case he became incapable of earning a livelihood through sickness; that he was so incapacitated during the month of April, 1889, and has so remained ever since; that no part of the said ...
Views: 4
This is an appeal from an order refusing to dissolve a temporary injunction restraining the corporate defendant from further prosecuting an action already commenced by said defendant against the plaintiff in the courts of the Republic of Hawaii, and to prevent the other defendants, as directors of the corporate defendant, from furthering the prosecution of said action. Defendants moved to dissolve...
Views: 6
This proceeding was instituted by the hoard of directors of the Central Irrigation District, under the provisions of an act of the legislature, commonly and for convenience designated the “Confirmation Act” (Stats. 1889, p. 212). The petitioners, as the act provides they may do, set forth: 1. The proceedings leading to, and terminating in, the organization of the' irrigation district; and, 2. The ...
Views: 2
This is an action brought by the plaintiff to foreclose a lien for street work upon the north fifty-six feet of lot No. 4, in the block bounded by T and U and Second and Third streets, in the city of Sacramento, the property of the defendant. The plaintiff had findings and judgment for the sum of seventy dollars and seventy-four cents, with interest, and an attorney’s fee of fifteen dollars. The d...
Views: 1
This is an action for a divorce brought by a wife against her husband. Certain other persons were made defendants, as claiming some interest in the property involved in the litigation. The court found that the defendant was guilty of extreme cruelty and willful neglect. A decree was entered granting a divorce to plaintiff upon these grounds, and also making disposition of certain property. The hus...
Views: 5
Replevin for four hundred and fifty sacks of wheat, part of the crop grown during the cropping season of 1892-93 by J. R. and B. F. Davisson on certain large tracts of land farmed by them as copartners in Yolo county. Said copartners made two negotiable promissory notes in favor of one Wolf Levy, the first dated November 9, 1892, for the sum of $4500, and the second dated April 5,1893, for $2958.7...
Views: 6
Plaintiff sued defendant to recover damages for injuries sustained by him while in its employ by reason of its negligence. He recovered judgment, and this appeal is taken from the order of the court denying defendant a new trial. Plaintiff showed that the defendant had entered into a written contract with the Olympic Salt Water Company, a corporation, to construct a pier on the beach near the Clif...
Views: 4
By this action it is asked that a certain four hundred; shares of stock of the Alaska Commercial *426Company be declared to be held in trust by defendant for the benefit of plaintiff, and that an accounting be had of the earnings of said stock while so held. Defendant set up title to the stock in himself. Plaintiff offered evidence in support of his case, and, upon motion, was nonsuited. He moved ...
Views: 10
The county of Colusa brought this action against the county of Glenn to recover the sum of $1,622.72. The defendant demurred to the complaint, the demurrer was sustained, and the plaintiff having declined to amend, judgment thereon was rendered against the plaintiff, and this appeal is from said judgment. The complaint alleges that the county of Glenn was formed out of a portion of the territory o...
Views: 6
Suit to quiet title to a body of lands in Plumas county. Plaintiff appeals from a certain provision of the judgment to the effect that she has no title to a tract of about twenty acres, parcel of the larger body, and relies for reversal upon alleged insufficiency of the evidence to support the findings of the court. There appears in the transcript on appeal a paper entitled, “ Bill of Exceptions,”...
Views: 9
The plaintiff instituted this action in the superior court of Napa county to obtain a divorce from the defendant upon the ground of extreme cruelty. *444The complaint was filed September 25, 1895, and the summons was duly served on defendant October 14th thereafter. He failed to appear, and on November 11th judgment was entered dissolving the bonds of matrimony between the parties, and awarding th...
Views: 5
Appeals by defendants from the judgment and order denying a new trial. In the complaint it is averred, substantially, that “on or about the fourth day of August, 1894,” plaintiff purchased of the defendants, Lorenzo Scatena and A. P. Giannini, copartners, doing business under the firm name of “L. Scatena & Co.,” and said defendants, under said firm name, sold to plaintiff one hundred and fifty ton...
Views: 5
This action was brought by Abraham Klauber and eighteen other plaintiffs against T. J. Higgins and a very large number of other defendants, including the city of San Diego, and the board of harbor commissioners for the bay of San Diego. In the complaint it is averred that the plaintiffs now are, and for a long time hitherto have been, " the owners seised in fee and lawfully entitled to' the posses...
Views: 2
This is an action to recover from, the defendant taxes alleged to have been erroneously and illegally collected, for the reason that the land upon which the taxes were assessed and collected was, at the time of the assessment, levy, and sale, government land of the United States, and not subject to taxation. A general demurrer to the complaint was interposed and sustained, and plaintiff declining ...
Views: 4
It is alleged in the complaint in this case that between the twenty-sixth day of March and the twenty-ninth day of September, 1894, plaintiff furnished for defendant, and at his request, materials and *470labor for the construction of a three-story brick building in the city of Sacramento, and that the balance remaining due and unpaid for the reasonable value of such materials and labor is the sum...
Views: 1
This action was instituted by the plaintiff as assignee of the estate of the Wah Sang Yen Company, insolvent debtors, to recover possession of six tons of dried fruit, or the value thereof. At the trial, no evidence was introduced on either side, and it was stipulated that the only question to be determined by the court was whether the taking of the property, as alleged in the complaint, and as ex...
Views: 1
On eight different occasions between May 19,1888, and August 20,1890, inclusive, the defendants, M. William Kain and Emma B. Kain, his wife, borrowed from the plaintiff, the Hibernia Savings and Loan Society, certain sums of money, and for each sum so borrowed they executed to the plaintiff their joint and several promissory note and a mortgage to secure payment of the same upon certain real prope...
Views: 1
Upon a former appeal in this action (Hibernia etc. Soc. v. Thornton, 109 Cal. 427; 50 Am. St. *482Rep. 52), the judgment was reversed upon the ground that it appeared from the findings that the promissory note upon which the action was brought had been, at the time of its execution, secured by a mortgage upon real property, and that by reason of the provisions in section 726 of the Code of Civil P...
Views: 10
The plaintiffs brought this action to recover from the defendants the possession of a mining claim, and to restrain them from committing waste *487thereon. The cause was tried by the court, and findings were made sustaining the allegations of the complaint, and judgment was rendered in favor of the plaintiffs. Upon motion of the defendants a new trial was afterward granted, and from this order the...
Views: 4
This action is in form for money had and received. Judgment passed for plaintiffs, and from that judgment and from the order denying a new trial defendants appeal. The facts, concerning which there is little or no dispute, are as follows: Plaintiffs were partners engaged in the wholesale grocery business in the city and county of San Francisco. Defendants were partners engaged in the *493wholesale...
Views: 2
The indictment charged the obtaining of the property of C. Schnelle by means of false and fraudulent pretenses. Defendant was convicted, and appeals from the judgment and-from the order denying him a new trial. His first attack is upon the form of the indictment. It will serve no beneficial purpose to set out in full this pleading, which is of great length, and, without doing so, no satisfactory a...
Views: 7
This appeal is from a judgment in favor of the defendants entered upon a verdict of the jury in their favor. This case was before this court upon an appeal from an order denying the plaintiff’s motion for a new trial, and said order was affirmed. (Orton v. Brown, 113 Cal. 561.) We can conceive of no reason why both appeals were not taken at the same time. It would certainly have lessened the expen...
Views: 1
This is an appeal by Jeremiah Lynch, as general administrator with the will annexed of the estate of William F. Smith, deceased, from an order of the superior court made April 24, 1896, directing himxto pay a certain claim of Walter S. Thorne for one thousand four hundred and fourteen dollars and sixty-nine cents, which he alleges to be a preferred claim under subdivision 4 of section 1643 of the ...
Views: 3
This is an appeal from an order of the probate court in and for the city and county of San Francisco, setting apart to Samuel W. Still, the infant son of Alden P. Still and Grace U. Still, his wife, as a homestead a lot of land, with the dwelling-house thereon, situated on Twenty-fourth street, city and county of San Francisco, of the value of say two thousand dollars. It appears from the bill of ...
Views: 3
Action to quiet title to a parcel of land in the city and county of San Francisco. At the trial the only evidence offered by plaintiff was a deed following upon a sale of the premises in dispute, made by the tax collector of said city and county, on April 4, 1884, for the taxes of the fiscal year then current, at which sale plaintiff was the purchaser. The court sustained certain objections to the...
Views: 3
The plaintiff, who is the holder of a diploma of graduation from a normal school of this state, applied to the board of education of San Diego county for a teacher’s certificate of the grammar grade, and her application was refused by the board. She thereupon filed her petition in the superior court praying for a writ of mandate requiring said board to issue to her a certificate of the grammar gra...
Views: 11
Ejectment for a lot of land in the city of Santa Barbara. Judgment was rendered in favor of the defendant, and the plaintiff has appealed. The land in question is a portion of the pueblo lands of Santa Barbara which were patented by the United States to the mayor and common council of the city of Santa Barbara, May 31, 1872. The plaintiff’s right of recovery depends upon the validity of a grant cl...
Views: 0
This is an action brought by the trustees of the Whittier State School against the county of Los Angeles to recover the sum of three thousand and sixty-four dollars and five cents, with interest thereon, being one-half of the cost of keeping and taking care of certain minors committed to said school under the provisions of the Whittier State School act. The defendant demurred to the complaint, and...
Views: 1
The facts involved in the judgment herein are set forth in the opinion given upon an appeal therefrom by the plaintiff. (Gould v. Eaton, 111 Cal. 639; 52 Am. St. Rep. 201.) The present appeal is by the defendants from that portion of the judgment which enjoins them from diverting to lands not riparian to the creek any of the waters naturally flowing in its channel, and from preventing or interferi...
Views: 5
This action is in equity, and is brought by the plaintiffs as beneficiaries under a trust created by the will of Jonathan Thompson, deceased, against *546defendant Isaac Goldtree, as trustee of the trust, to compel an accounting from and after the second day of October, 1892, and for the removal of the trustee. The defendants other than Isaac Goldtree were brought in as claiming some beneficial in...
Views: 3
This appeal is by the executors from an order of the probate court requiring them to redeem certain land from a foreclosure sale. The testator, some time prior to his death, had executed deeds which he delivered to Charles Ashton, to be delivered to the parties named upon his death. In his will he recognized and confirmed these deeds as a provision made for certain of his children who were the gra...
Views: 6
This is an appeal from an order overruling plaintiff’s motion for a change of the place of trial. The motion was based upon the ground that the judge of the superior court was disqualified to hear and determine the cause by reason of his interest as a taxpayer and water consumer of the municipal corporation defendant. In support of its appeal a brief has been filed by the plaintiff containing matt...
Views: 3
Defendant was convicted of obtaining money under false pretenses, and appeals from the judgment and from orders denying a new trial and refusing to arrest the judgment. Defendant demurred to an information filed against him, and the demurrer was sustained, but the court being of the opinion that the defects could be cured, directed that a new information be filed, as provided by section 1008 of th...
Views: 2
Action on a policy of fire insurance which contained a clause against double insurance as follows: “ This entire policy, unless otherwise provided by agreement .... shall be void if the insured now has or shall hereafter make or procure any other contract of insurance .... on property covered by this policy.” The defense relied on is that the insured committed a. breach of this condition by obtain...
Views: 0
Action to foreclose two chattel mortgages given to secure payment of certain two promis*569sory notes executed by defendants, William and W. S. Ayres. Both notes were made payable October 24,1894. The mortgaged property consisted of a printing-office plant used in conducting the newspaper called the Western Watchman, situated in a certain building in the city of Eureka, Humboldt County, “located o...
Views: 2
dissenting. I dissent. I consider the decision in Ex parte Reilly a correct statement of the law....
Views: 0
This cause was submitted to Department One, and on January 23, 1897, the following decision was rendered: “Searls, C.—Two appeals were taken in this case— one from an order refusing to vacate the judgment and the other from an order granting a writ of assistance. Upon motion of counsel for respondent the appeal from the order refusing to vacate the judgment was dismissed. (Hibernia etc. Soc. v. Le...
Views: 5
The defendant, charged with the crime . of -rape, was convicted of an attempt to commit rape. Xrom the judgment and from the order denying him a ' newxtria.1, he prosecutes these appeals. -By \\hé!,evidence of the people it appeared that the victim w4s-fá feeble-minded girl about eighteen years of age. ’ She ápd her brother were alono upon their ranch when defénd&pt, .and a companion by the name o...
Views: 7
This action is upon a promissory note made by the defendant, Mary F. Black, to the plaintiff April 15, 1891, payable “ on or before three years after date,” for twelve hundred and twenty-three dollars. A judgment by default was taken against her, and no question is made as to that judgment. As to the liability of defendant Lilienthal, the complaint, after alleging the making of said note by defend...
Views: 4
This action was brought against a large number of defendants to recover possession of certain land in the county of Los Angeles, and to restrain the defendants from injury thereto. The land described in the complaint is the south half of the Rancho ex-Mission de San Fernando, with certain exceptions, and the complaint alleges its ownership by the plaintiff, and the unlawful entry thereon and withh...
Views: 2
This is an information filed by the attorney general, on the relation of E. H. Warfield, to have it declared that the defendant usurps and unlawfully exercises the franchise of maintaining tracks and switches upon and along Bush street and Central avenue in San Francisco, and that by such judgment defendant he excluded from the privilege of maintaining and operating any street railway, or any part...
Views: 6
This is an application for a writ of mandate to compel the respondent, as county auditor of the county of Alameda, to draw his warrants in payment of certain claims of work done by order of the board of supervisors of the county on June 1, 1897. The work was not done to prevent damage by storm waters or floods. The claims were duly presented to and allowed *619by the board of supervisors of the co...
Views: 7
The defendant has been convicted of murder of the second degree, and appeals to this court. He presents for our consideration many alleged errors of law occurring during the progress of the trial.- We will address ourselves to those which we deem of sufficient importance to demand special notice. 1. Certain witnesses for defendant gave evidence as to the facts and circumstances of the homicide. Th...
Views: 12
It is sought in this proceeding to have reviewed and declared void an order made by the above court adjudging that the petitioner was guilty of a contempt and ordering her to be punished therefor. *634The contempt order was made in a proceeding instituted by the husband of the petitioner, under section 176 of the Civil Code, to compel her to support him out of her separate property. He obtained an...
Views: 5
Appeal by defendant from a judgment convicting him of rape, and an order denying him a new trial. Defendant took the witness stand in his own behalf, confining his testimony, on his direct examination, to a denial of the commission of the offense, a statement of his version"of the occurrences on the night of the alleged assault, which was claimed to have occurred in his own house, and as to certai...
Views: 4
Certiorari to review an order of the ' superior court of the city and county of San Francisco, Department 9. Petitioner is, by will of the father and appointment of the court, the general guardian of the person and estate of Harry Gardiner de Greayer, a minor, the estate being in process of administration in said superior court. Belonging to the estate is a certain large sum of money distributed t...
Views: 7
Appeal by defendant from a judgment convicting him of forgery, from an order refusing to arrest the judgment, and from an order denying a new trial. 1. The first objection urged is misconduct of the jury; but the record does not clearly disclose that any such in fact occurred. It is stated in an affidavit by defendant’s counsel, filed on the motion for a new trial, that during the taking of eviden...
Views: 8
The defendant,. Joseph Japhet Ebanks, was charged by in formation with the murder of Harriet Stiles, at the county of San Diego, state of California, on the tenth day of September, 1895, and, upon a trial had under said information, was convicted of murder in the first degree, and sentenced to death. Defendant appeals from the judgment, and from an order denying his motion for a new trial. Defenda...
Views: 17
In this action, brought by the plaintiff Marchant for the foreclosure of a mechanic’s lien upon a certain building in Tuolumne county, a cross-complaint was filed by the defendant Hayes against his codefendant Chute, in which he claimed a lien upon the same property for labor done and materials furnished by him in the construction of the building. The court found that on June 18, 1894, Hayes enter...
Views: 2
This is an action to obtain partition of certain tracts of land called lots 5 and 6 of the Soquel Augmentation rancho. The plaintiffs are Jean F. Lacoste, Joseph Dazet, and Auguste F. Delmouly. Delmouly first appeared as a minor by his guardian, but he attained his majority shortly afterward, and was personally a plaintiff, at the time of the filing of the amended complaint. The defendants are Jos...
Views: 3
Defendant has been convicted of the crime of perjury, and appeals from the judgment and order denying his motion for a new trial. He has attacked the sufficiency of the indictment both by demurrer and motion in arrest of judgment, and to that attack we will address our attention. As appears by the indictment, one Abbott was convicted of grand larceny. She. moved for a new trial upon the ground of ...
Views: 3
This is an application for a writ of mandate against the controller to compel him to issue war*686rants for salary alleged to be due petitioner as superior judge of Fresno county, for the month of December and part of the month of November, 1896. The petition shows that S. A. Holmes had been elected superior judge of Fresno county to succeed the constitutional judge, and died during his said term,...
Views: 0
The defendant was indicted by the grand jury of San Diego county for the crime of an assault with a deadly weapon, with intent to murder, committed upon the person of John M. Mclnnes. Upon his trial he was found guilty as charged, and sentenced to imprisonment for three years in state’s prison, and this appeal is from the judgment and an order denying a new trial. Defendant was the keeper of a sal...
Views: 3
This action was brought to enjoin the defendant, as tax collector of the county of Humboldt, from executing to the state of California, and filing for record in the office of the county recorder of the county, tax deeds for the lands described in the complaint. Three causes of action are set forth in the complaint, to each of which a general demurrer was interposed and sustained. Thereupon judgmen...
Views: 2
The complaint in this case inter alia shows that the defendant is an incorporation, the purpose of which is to secure certain money benefits to the friends of deceased members. By-laws are set out which promise to the nominee of a member dying in good standing “one dollar in coin for every member of this association in good standing at the time of said death.” Also a by-law which provides that the...
Views: 0
The plaintiff, as assignee of G. P. Gray and H. N. Gray, partners doing business in the city and county of *13San Francisco under the firm name of Gray Bros., brought this action to recover the sum of three hundred and sixty-four dollars and ninety-six cents alleged to be due and unpaid for work and labor performed and incidental materials furnished by said Gray Bros, to defendant at his special i...
Views: 0
This is an appeal by the defendant from an order of the superior court in and for the county of Santa Clara, refusing to modify a decree of divorce, and to allow defendant one hundred dollars per month for the care, custody, and maintenance of Herbert N. and Minnie A. Parkhurst, aged seventeen and fifteen years respectively, the children of the parties hereto. The cause was heard in the court belo...
Views: 5
Defendant was informed against for the crime of robbery by forcibly taking from the person of one Bichard Johnson thirty-eight dollars, lawful money of the United States, and was convicted and sentenced to three years’ imprisonment. Defendant pleaded former acquittal, once in jeopardy and not guilty. An information against defendant for the crime of robbery involving the same transaction had previ...
Views: 4
On December 13, 1893, the defendant, for a valuable consideration, executed to the plaintiff his promissory-note for the sum of seven hundred and fifty dollars, payable ninety days after date, with interest at the rate of two per cent per month from date until paid. On June 12, 1894, the defendant was discharged in insolvency “from all his then existing debts, and among others the said indebtednes...
Views: 8
This is an agreed case submitted to the superior court of the city and county of San Francisco, under sections 1138, et seq., of the Code of Civil Procedure. The contest is between the board of education of said city and county, who is appellant here, and John Grant and a number of other persons who are here respondents. Judgment was rendered in the court below for the respondents, and the board o...
Views: 1
This action was brought for a partition of land situated in the city and county of San Francisco, commonly known as South Beach block No. 26. It is averred in the complaint that the plaintiff is the owner of the undivided one-half of said property for the term of ninety-nine years; facts are averred tending to show that the defendant, the Pacific Improvement Company, is the owner of. the other und...
Views: 1
Defendant, convicted of the crime of perjury, appeals from the judgment, from the order denying his motion in arrest of judgment, and from the order denying his motion for a new trial. The perjury charged was a false oath made by defendant as to matters contained in his petition and schedules in insolvency. It is first insisted that the information is defective and fails to charge the crime in thi...
Views: 3
Action by the father to recover damages resulting from the death of his infant son, alleged to have been caused by the negligence of defendant in running over him with one of its electric cars. Judgment was for plaintiff, and defendant appeals therefrom and from an order denying it a new trial. 1. Appellant devotes a considerable portion of its brief in an effort to convince ns that the evidence f...
Views: 8
The present action arises upon a contest of the probate of a will. The contestant appeals, and we find but two questions disclosed by the record demanding special consideration. One Behan was named as executor, and signed and verified the original answer to the contestant’s pleading. This answer was subsequently superseded by an amended answer. In the original answer Behan admitted that at about t...
Views: 1
In bis brief appellant states that tbe sole question presented by this appeal is, Does section 1469 of the *73Code of Civil Procedure apply to the separate estate of the wife? We see no reason why the provisions of that section do not apply to the separate property of both the wife and husband equally with the community property. The section is broad in its terms, and in no way is it there indicat...
Views: 0
P. G. Riehl, as guardian of the person and estate of D. B. Carver, Jr., appeals from an order settling his final account. Upon the hearing of this account it appeared that the guardian had invested a large portion of the ward’s estate in two loans secured by mortgage upon realty. These loans were made without the advice and consent of the court, and at the hearing of the account were rejected as a...
Views: 1
Defendant was convicted of perjury, alleged to have been committed in testifying falsely on the preliminary examination of one Louis Sternberg on a charge of false registration. lie appeals from the judgment and from an order denying him a new trial. The cause was first submitted here in Department, but without briefs by either party, and upon an oral argument which did not enable the court to rea...
Views: 12
Appeal from an order granting a new trial. The grounds of the motion for new trial included that of in*84sufficiency of tlie evidence to justify the decision, and tbe order granting the motion was general in terms. It is assumed as a premise by appellant, upon which he bases his argument for a reversal, that “there is no serious question of fact in the ease; and the order granting a new trial was ...
Views: 9
Defendant was convicted of robbery and sentenced to life imprisonment. He appeals from the judgment and from an order denying bis application for a new trial, urging numerous errors in tbe rulings of tbe trial court. 1. It is first strongly contended that tbe court violated defendant’s rights in compelling him to go to trial with unseemly baste, and without sufficient time to adequately prepare fo...
Views: 7
About November 20, 1894, Francesca B. Scam-man, as executrix of the last will of Henry Scamman, deceased, brought an action in the superior court in and for the county of Butte to foreclose a mortgage executed by A. Bonslett, August 1, 1889, to secure the payment of his promissory note for eight thousand five hundred dollars of even date, payable five years after date, with interest made and payab...
Views: 4
This action was ejectment for certain real estate in Siskiyou county. At the trial plaintiff offered in evidence a mortgage, covering the demanded premises and other lands, to him executed by several persons of whom Gibson, originally the defendant herein, was one; also an entry in the judgment-book of *101tbe eotirt purporting to be tbe record of a judgment in a former action prosecuted by said p...
Views: 2
Plaintiff filed bis bill seeking an accounting from tbe defendants because of matters bereinafter set forth. Tbe defendant Newlands was alone served with summons, and he appeared and interposed a demurrer to tbe bill: 1. Upon tbe ground that it failed to state a cause of action; and 2. That tbe cause of action stated was barred by tbe statute of hmitations. Tbe trial court held that tbe cause of a...
Views: 3
1. Plaintiffs sued to recover a balance of eight hundred and thirteen dollars and forty-two cents alleged to be due them upon a mutual and open account with defendant. They obtained a verdict and judgment for the sum of two hundred and eight dollars and six cents only; afterward, their motion for new trial was denied. They urge here that the verdict was not justified by the evidence; but the only ...
Views: 1
In this action a former judgment in favor of one Treadwell, intervenor, and against tbe plaintiff, Reay, was reversed on appeal to tbis court witb costs to plaintiff. (Reay v. Butler, 69 Cal. 572.) In due time plaintiff filed his bill of costs with tbe clerk of tbe superior court, and tbe amount thereof was regularly entered in tbe docket. Tbe executrix of said intervenor moved tbe court to strike...
Views: 3
Application by tbe Cbico bigb school board for a writ of mandate commanding the board of supervisors of tbe county of Butte to bold a special meeting and to levy a special tax upon all the taxable property of Cbico bigb school district, sufficient in amount to raise tbe sums required by said Chico bigb school district, as shown by tbe estimates of tbe Cbico bigb school board, etc. An alternative w...
Views: 1
This action was brought by the plaintiff, a corporation, to have the defendants, the state board'of harbor commissioners, adjudged and directed to draw their draft on the harbor fund, in favor of the plaintiff, for the sum of $4,607.12, and to ascertain and determine to which of the other defendants the balance of a fund of $28,084.12 belongs, and to have drafts in their favor therefor; to have th...
Views: 0
Action of ejectment to recover á mining claim situate in Smith’s Flat mining district, county of El Dorado, state of California. Defendant S. II. Maginness answered separately and filed a cross-complaint. Plaintiff had judgment for an undivided one-half (⅞) of the demanded premises. Defendant Maginness appeals from the judgment. Plaintiff is a mining corporation, organized under the laws of the st...
Views: 2
While the coroner of San Francisco was holding an inquest, the appellant was subpoenaed to appear at the inquest as a witness. He appeared, but refused to testify. Thereupon, the coroner, proceeding under sections 17 and 18 of “An act in relation to coroners in the city and county of San Francisco,” approved March 16, 1872 (Stats. 1871-72, p. 403), made an order which recited the facts, adjudged t...
Views: 1
This action is upon two promissory notes made by Jules Faron and Margaret Faron on April 30, 1894, to Michael Kriess, each for the sum of $150, the first due June 30th, and the second August 1, 1894. The action was commenced November 28, 1894. The defendant, Margaret Faron, died after issue and before the cause was tried, and her administrator was substituted. The plaintiff, Michael Kriess, died a...
Views: 1
Action to enforce laborers’ liens against the mine and mining property of the defendant, Peach Blow Consolidated Gold Mining Company. There are cross-appeals, both upon the judgment-roll, without a bill of exceptions, the plaintiffs appealing from a part only of *150the judgment, and the defendants Baldwin and the intervenor jointly appealing from the whole thereof. 1. The last-mentioned appeal wi...
Views: 1
The defendant has been convicted of the crime of “involuntary manslaughter,” and appeals from the judgment. It is claimed that, while intoxicated, he drove his team of horses through the principal street of the town of Biggs, in a reckless manner, and at a great and unusual rate of speed. A feeble old woman selected this inopportune time to attempt a voyage across the street, with the result that ...
Views: 1
WATERFRONT OF OAKLAND – CONSTRUCTION OP STATE GRANT – "SHIP CHANNEL" – "SOUTHERLY LINE OF ESTUARY" – LINE OF LOW TIDE – BOUNDARY OF TOWN. – The grant by the state to the town of Oakland of all lands upon its waterfront, lying within the corporate limits, as fixed by the act of May 4, 1852, "between high tide and ship channel," is to be construed most favorably to the state, and the boundary of the...
Views: 5
This is an action to determine adverse claims to real property, and for other incidental relief, instituted by the attorney general in the name and on behalf of the people of the state. All the defendants who are contesting the claims of the state demurred to the first amended complaint upon the general ground that it failed to state a cause of action, and a few of them demurred specially upon var...
Views: 4
This is an appeal by the defendant, a corporation, from an order of the superior court of Alameda county denying a motion of defendant for a change of the place of trial of this action from said county to some other county. The respondent is a municipal corporation. In the complaint it is averred that the respondent is the owner in fee of certain *251lands described as lying in front of said city ...
Views: 1
Magdalena Wittmeier, executrix, filed her final account in the matter of the estate of J. G-. Wittmeier, and also petitioned for distribution. Her account was settled and distribution decreed. G-. A. Wittmeier was a legatee under the will, and had assigned his legacy, amounting to one thousand dollars, to John C. Hughes. By the decree this legacy was ordered distributed and paid to Hughes. The exe...
Views: 2
Plaintiff, Prouty, was tbe owner of a mortgage executed by tbe defendant Mrs. L. A. Devin. He brought bis action seeking a decree establishing bis mortgage as a lien upon tbe property prior to that of a mortgage executed by Mrs. Devin and her husband to defendant Bates, which last mortgage was later in execution, but prior in recordation. The undisputed facts are, that Mrs. Devin purchased the pro...
Views: 2
The defendant was charged with tbe murder of one Caleb Dorsey, and was convicted of murder in tbe second degree. He appeals from tbe judgment and from an order denying his motion for a new trial. Tbe appellant bases bis contention for a reversal upon tbe grounds: 1. Insufficiency-of tbe evidence to justify tbe verdict; and ¾. Errors committed by tbe court in its instructions to the *266jury. As in...
Views: 9
Mandamus. An action was brought by Grim-wood in tbe justices’ court of tbe city and county of San Francisco against Charles M. Plum, Emma D. Taylor, and others, stockholders in a certain corporation, to enforce tbe individual liability of the defendants therein, respectively, for alleged indebtedness of tbe corporation to said Grimwood. Five of tbe defendants in that action appeared and answered, ...
Views: 1
John McDonald died testate in December, 1879, naming bis wife, Rosanna, executrix of bis will. Rosanna died testate in December, 1893, naming her sister, Cecelia McNeil, executrix of her will, without having commenced proceedings to probate the will of her said deceased husband. On October 15, 1895, Cecelia McNeil applied for letters of administration with the will annexed of the said John MeDom a...
Views: 1
This action was brongbt to restrain the defendants, wbo (except the defendant, H. Dovey, as to wbom the appeal bas been dismissed) are the duly elected, qualified, and acting supervisors of the county of Los Angeles, from diverting the waters of the Rubio cañón and causing the same to flow into and tbrougb Eaton canon. The cause was tried by the court without the intervention of a jury, and upon t...
Views: 5
Appeal from an order refusing a grant of letters of administration upon the estate of deceased to appellant. The record presented by appellant does not enable us to review the order of the court below in denying the application for letters. The order is general in terms, implying a finding against petitioner upon all the material allegations of the petition, and there is in the bill of exceptions ...
Views: 1
Defendant was convicted of the crime of forgery, and was sentenced to imprisonment for one year at San Quentin. The appeal is from the judgment and from an order denying motion for new trial. The alleged forgery was of the following check: Los Angeles, Cal., April 30, 1896. “No. 174. California Bank. Pay to the order of L. J. Laird, Jr., $36.00 (twenty-sis 00-100 dollars). A. B. CLABK.” Defendant ...
Views: 0
This is an. appeal from the judgment of tte superior court upon a writ of review vacating and annulling a judgment rendered in a justice’s court. One McCombs in the justice’s court of the township of Los Angeles had instituted a suit against the city of Los Angeles and C. Compton. The defendants appeared in said action by their attorney W. E. Dunn, and interposed demurrers to the complaint. Therea...
Views: 0
This is an appeal from an order made after final judgment, and arises upon the following facts: Edward Dougherty, the defendant, was the head of’ a family consisting of himself and his wife. While thus the head of a family he declared a homestead upon community property. This homestead continued, and upon the death of his wife in 1893 it vested in him. (Civ. Code, sec. 1265; Code Civ. Proc., sec. ...
Views: 0
Action in mandate to compel the trustees of the city of Sacramento, as the election commission of that city; to proceed under the provisions of an act of the legislature of March 13, 1897, providing for general primary elections, etc. (Stats. 1897, p. 115), to hold a primary election for the selection of delegates to conventions of the various political parties which shall select candidates for th...
Views: 0
These three appeals involve one and tbe same principal question, viz., tbe constitutionality of -certain provisions of tbe County Government Act of 1893 relating to tbe appointment and salaries of various deputy officers in counties of tbe eleventh class, in which Tulare county stands alone. Tbe first is from a judgment dismissing a suit to enjoin tbe county treasurer from paying tbe salaries in q...
Views: 0
This action was brought to recover from the defendants the reasonable value of plaintiffs alleged services rendered as an architect in drawing and preparing certain plans and specifications for buildings proposed to be erected by the defendants. Judgment was rendered for plaintiff in the sum of seven hundred and fifty-one dollars and forty-five cents; and from the judgment and an order denying a n...
Views: 1
Plaintiff recovered damages for injuries inflicted by a vicious bull, the property of defendant. lie averred that, prior to the attack upon him, the bull was of a vicious disposition and dangerous character, and that the fact was known to defendant, its agents, and employees. He also averred that the injury was occasioned by the negligent conduct of defendant’s servants engaged in driving the bull...
Views: 8
Defendant appeals from a judgment of conviction for assault with intent to commit murder. *325Tbe prosecuting witness, Dyer, testified that be was assaulted in bis room about midnight by a man who knocked him senseless with a slung-shot, and who, upon his recovering consciousness, presented a pistol and threatened to kill him. He grappled with his assailant, who broke away and fled. He had never s...
Views: 1
The defendant has been convicted of an assault with intent to commit rape. Upon this appeal be insists that tbe evidence is insufficient to support tbe verdict. In view of tbe record before us, this contention cannot be successfully maintained. In many eases decided by this court of tbe nature here under investigation it has been held that tbe evidence of the prosecutrix alone may be sufficient to...
Views: 1
Defendant appeals from tbe judgment. He asks for a reversal upon tbe ground that tbe court orally instructed tbe jury, and tbat sueb instructions wben given were not taken down by the phonographic reporter as contemplated by section 1093 of tbe Penal Code. If the facts are as contended for by appellant, be has shown reversible error, but be fails in establishing those facts. The minutes of the tri...
Views: 1
Appeal from an order granting a preliminary injunction. The nature of the present action and the terms of the order appealed from will be found sufficiently stated in Schwarz v. Superior Court, 111 Cal. 106, where the same order was under consideration upon certiorari to review the action of the court below in attempting to punish these appellants for contempt for an al*331leged violation of its t...
Views: 4
The defendant was charged with burglary, was convicted of burglary in the second degree, and was sentenced to suffer imprisonment of five years in state prison. lie appealed from the judgment upon the judgment-roll alone. On June 22, 1892, after the verdict of guilty had been rendered, the court entered the following order: “In this cause the defendant having been heretofore convicted of the crime...
Views: 2
This was an action brought by plaintiff against defendant to recover judgment for four hundred dollars alleged to have been deposited with the defendant by John Sehwickert as a general and ordinary deposit, payable on demand to said Sehwickert or assigns. The complaint averred an assignment by Sehwickert to plaintiff. For answer defendant showed that at the time of the deposit Sehwickert was indeb...
Views: 6
The evidence shows without conflict that the structure which the complaint denominates a fence, and which it is sought to have abated as a 'nuisance, was erected and stands wholly upon the lot of defendant. In view of that fact, the question much controverted by counsel, whether the evidence sustains the implied finding of the jury that the structure is a fence, is wholly immaterial to the rights ...
Views: 4
Appeals from the judgment and from tbe order denying plaintiff a new trial. Benicia is a city of tbe sixth class. It is situated upon tbe north shore of the straits of Carquinez, and its boundary upon tbe south is the middle line of the channel. The state granted to the city the lands under the waters of the straits, within its corporate limits, and authorized the sale of the lands into private *3...
Views: 4
The Supreme Court of the United States issued a mandate to this court in. the matter of the estate of Thomas H. Blythe, deceased. That mandate recited: “And whereas in- the present term of October, in the year of our Lord one thousand eight hundred and ninety-sis, the said cause came on to be heard before the supreme court of the United States on the said transcript of record, and on motions to di...
Views: 1
Defendant appeals from a judgment rendered against him, and also from an order denying his motion *350íor a new trial. He has been convicted of the crime of murder, and sentenced to life imprisonment. The grounds relied upon for reversal of the judgment and new trial are few, and not of serious importance. The defendant and the deceased had been working at a logging camp. .The defendant, with his ...
Views: 4
Plaintiffs averred tbat tbey are copartners engaged in tbe business of box manufacturing. In October, 1895, the then existing firm of Meyers, Merillion & Co. was engaged in tbe same business. Tbe latter firm consisted of tbe plaintiff Meyers and tbe defendant Merillion. By agreement of tbe partners this firm was dissolved, Meyers buying Merillion’s interest in the property and in tbe goodwill of t...
Views: 4
The trial court set aside an order settling a bill of exceptions, made a correction in the bill, and thereupon again settled the same. This appeal is prosecuted from the order setting aside the order settling the bill. The defendant was convicted of a, felony, and thereafter prepared and had settled a bill of exceptions. This bill contained an instruction upon the law of reasonable doubt in which ...
Views: 0
By the County Government Act of 1891 tbe compensation of each supervisor in counties of tbe eleventh class is fixed at “six dollars per day for actual service) and forty cents per mile while traveling from bis place of residence to the county seat; provided that no more than one mileage in any one monthly term shall be allowed.” (Stats. 1891, p. 352.) Each supervisor was also ex officio road commi...
Views: 0
The board of supervisors of the county of Tulare, being of the opinion that some of the deputies of certain officers of the county were drawing salaries without authority of law, employed the plaintiffs in 1895 as attorneys to enjoin the auditor of the county from issuing warrants for the salaries, and the treasurer from paying the warrants. Under this employment the plaintiffs began and prosecute...
Views: 1
This is a second appeal. The facts are substantially the same as those considered upon the first appeal. They will be found set forth at length in Taylor v. Hearst, 107 Cal. 262. It will he observed that the question of express malice, which may he evidenced either by a willful intent to injure, or by gross carelessness, was, under tbe facts and tbe law as laid down in tbe former opinion, entirely...
Views: 5
Plaintiff sued to recover damages for injuries sustained by two of its barges while under charter to defendant company. Plaintiff is a corporation, defendant a copartnership. Tbe complaint contained two counts, tbe first tendered issue upon tbe violation of a covenant in a written contract, while the second charged defendant with failing to exercise the ordinary care required of a bailee for hire....
Views: 0
When this cause was submitted there was also submitted a motion to dismiss the appeal upon the ground that there was no sufficient undertaking on appeal given. The order appealed from is an order settling the final account of the executors of the estate of Ellen M. Marshall, deceased, and also distributing certain remaining property of said estate, and it is contended by respondent that there are ...
Views: 5
The firm of Darby, Laydon & Co. entered into a .written contract with the defendant Adams for the construction of a bulkhead upon his property in Oakland harbor. This action (brought by the firm’s assignee) was to recover the sum of $8,534.73, allegéd to be due for extra labor and mate*383rials furnished in connection with the work. the controversy was given to a jury for determination, and the ju...
Views: 3
This is an appeal by defendant upon the judgment-roll alone. He was charged in the indictment with the crime of an assault with intent to kill. He was also charged with having suffered a prior conviction of another felony. Where defendant is charged with a prior conviction, embarrassment in the proceeding usually follows, where, as is usually the case, little care is exercised by the prosecuting o...
Views: 2
Mandamus. the court below awarded a peremptory writ requiring the board of- trustees of San Luis Obispo to call an election on the question of disincorporating the municipality under the act (Stats. 1895, p. 115) to provide for the disincorporation of cities of the sixth class. It is contended bn appeal tbat plaintiffs complaint or affidavit—to wbicb defendant interposed a demurrer—did not make a ...
Views: 1
At the municipal election of the city of Sacramento, held in March, 1890, the relator was elected to the office of chief of police, and the first section of the act under which he was elected (Stats. 1871-72, p. 243) provided that he should enter upon the duties of his office on the first day of the month next succeeding his election, and should hold his office “for tbe term of two years, and unti...
Views: 0
This action is to compel the defendant, Williams, as clerk of the justice’s court of the city and county of San Francisco, to accept fees tendered to him by plaintiff, who was about to commence an action in said justice’s court. Defendant refused to accept the fees, and plaintiff proceeded with his action in mandate to compel him to do so. To the complaint in mandate the defendant made answer, bas...
Views: 1
Defendant was convicted of manslaughter in killing one Phillip A. Reilley, and appeals from tbe judgment and an order denying him a new trial. 1. Defendant’s contention that the verdict is not sustained by the evidence is not maintainable. the killing was admitted by defendant, bis defense being that it was committed in necessary self-defense. There is a conflict in the evidence as to whether defe...
Views: 5
On December 15, 1893, William Kreling died intestate in the city and county of San Francisco, leaving as his sole heirs at law the plaintiff, who was his wife, and the defendant, who was his father. In January, 1894, the plaintiff was appointed administratrix of his estate, and thereupon duly qualified and entered upon the discharge of her duties as such. Prior to and at the time of his death he w...
Views: 3
The plaintiff seeks by this action to compel the defendant to satisfy an obligation made by her intestate to the Anglo-Californian Bank, and on November 9, 1895, the superior court rendered its judgment directing the defendant to discharge within a specified time certain indebtedness upon two promissory notes held by that bank, upon which a claim had been made by it against the estate of her intes...
Views: 1
Action for breach of an alleged warranty of the capacity of a pump manufactured and sold by defendant to plaintiff. The material averments of the complaint are that the pump was sold and delivered to plaintiff on July 18, 1887, at the city of San Francisco, with the understanding by defendant that it was for use by plaintiff as a vacuum pump in the manufacture of sugar in the Hawaiian Islands; tha...
Views: 2
Appellant filed a petition asking that a certain document, olographic in character, be probated as the last will and testament of Euthanasia S. Meade, deceased. A copy of the purported document accompanied the petition. Upon demurrer it was held that the document was not a will, and upon this appeal the only question presented is, Was the paper testamentary in character? The document under conside...
Views: 3
When this ease was in Department tbe opinion hereto attached was prepared by the commissioners, and, tbe justices of tbe Department not being able to agree as to the *433proper disposition of the appeal, the case was ordered into Bank. After due consideration of the case in Bank, we are satisfied with the conclusion reached by the commissioners; and for the reasons given in their opinion the judgm...
Views: 2
The defendant was charged with the murder of one Albert Mason, at Butte county, on the 14th of December, 1895. He was convicted of the crime of manslaughter, and this appeal was taken from the judgment and from an order refusing a new trial. Appellant complains of certain rulings, and of some instructions. the deceased and one Frank Ballew claimed certain land as a part of their alleged mining cla...
Views: 2
Defendants were jointly indicted and tried for the murder of one C. A. Mars in the city and county of San Francisco, on the tenth day of March, 1896. They were convicted of involuntary manslaughter, and sentenced to one year in the state penitentiary. The appeal is from the judgment and the order denying motion for new trial. The verdict is claimed to be erroneous for: 1. Insufficiency of evidence...
Views: 0
This is an appeal by tbe executor from a decree settling tbe executor’s third account and directing him to *463pay a certain family allowance. Tbe decedent died testate October 17, 1892, having named Leon Sloss executor. Sloss qualified as executor November 16, 1892. The testator leit a vineyard in Fresno county of one hundred ' and twenty-five acres. The vines were four years old. The executor to...
Views: 0
This is an action to quiet title to certain lands. Judgment went for defendant—the court finding “that defendant is the owner and seised in fee of all the lands” in contest, and that “plaintiff was not at the time of the commencement of this action, and never was at any time, the owner in fee or otherwise, or at all,” of said lands or any part thereof. The plaintiff appeals from the judgment upon ...
Views: 3
This is an original proceeding in mandate, brought -to compel the auditor, as- the performance of an official duty, to compute and enter the taxes upon the assessment-roll in conformity with the rates fixed by orders of a body claiming to be the board of supervisors of the city and county of San Francisco, which body for convenience may hereafter be designated the old board. The auditor made answe...
Views: 14
Appeal from tbe judgment after demurrer overruled, defendants declining to answer. Upon March 1, 1891, the Otay Watch Company was tbe owner of the land in controversy. There was at and prior to that date a mortgage upon tbe land, executed by tbe watch company to plaintiff. For purposes of taxation in tbe year 1891-92 the land was assessed at $720, of which $616 was assessed upon the mortgage inter...
Views: 6
The appeal herein is taken from an order re¡fusing to set aside a sale by the sheriff under a decree of foreclosure. The respondent has moved to dismiss the appeal for failure to serve the notice upon one claimed by it to he an adverse party. The motion was not made until after the appellant had filed his points and authorities upon the appeal, and the respondent has included the points in support...
Views: 0
Appeal from decree of distribution. The controversy arises out of a certain contract of separation between deceased in her lifetime and her surviving husband, appellant. The court found that the husband had no interest in the wife’s estate, she having died intestate. The court also found that shortly prior to May 29, 1884, the said deceased commenced an action' against her said husband for divorce...
Views: 3
This is an action of ejectment, brought by the executrix in the interest of the estate of Martin Phelan, deceased. An appeal is prosecuted from the judgment and order denying plaintiff’s motion for a new trial. The case was tried by a jury. Title is admitted in plaintiff, and defendant claims a right of possession under a lease. There are various controverted facts disclosed by the record, but, in...
Views: 1
Defendants were convicted of the crime o-f burglary. At the trial there was evidence that on the night of October 30* 1896, a building, the property of one Douglas, was entered *509and certain farm produce belonging to Douglas was stolen therefrom; on the same night defendants were arrested and had then in their possession—in a wagon driven by them—the produce aforesaid with other property of peri...
Views: 3
This is an action for partition of certain land in San Francisco. Since the action was commenced, the defendant Henry Mayer has acquired all the right and title of the plaintiff in the premises sought to be divided. Hpon this matter the evidence is not conflicting. The court found that plaintiff is not the owner of any interest in the property, and dismissed the action, and the plaintiff appeals. ...
Views: 1
This is an action to foreclose a mortgage upon certain lands executed by defendant.to the plaintiff. Tbe plaintiff in bis complaint admits that be has been in possession of tbe mortgaged premises from about the fourth day of January, 1888, to the commencement of the suit on June 27, 1892, and admits that be is accountable to tbe defendant for tbe rents and profits of the mortgaged premises during ...
Views: 1
Judgment went in the court below for defendants. Plaintiffs appeal from tbe judgment, bringing up only tbe judgment-roll, wbicb consists of the pleadings and the judgment. The appellants ask for a reversal upon the ground that there were no findings, and that findings were not waived. But all intendments are in support of a judgment, arid he who expects to reverse it must affirmatively show error....
Views: 3
The defendant was convicted of rape in having sexual intercourse with a female child under the age of fourteen years, and has appealed from the judgment of conviction and from an order denying a new trial. There was sufficient evidence before the jury to authorize them to find the fact of sexual intercourse by the defendant with the 'child, and that she was at the time under fourteen years of age,...
Views: 2
Motion to dismiss tbe appeal. Tbe appellant was appointed special administratrix of the above estate *523December 12, 1895, and on December 14, 1896, tbe superior court made an order revoking ber letters of special administration. December 23, 1896, she appealed to this court from this order, and thereafter served upon the respondents a proposed bill of exceptions, to which amendments were propose...
Views: 4
On a former bearing of this cause judgment in favor of tbe city of San Diego was reversed, with direction to tbe superior court to enter judgment in favor of tbe water company for tbe reasonable value of tbe use of its distributing plant, etc., said judgment to be payable only out of tbe revenue of those fiscal 3 cars during wbicb tbe city held possession of tbe plant. A rebearing was ordered prin...
Views: 3
The plaintiff is a corporation engaged in the business of .supplying water to the city of San Diego and its inhabitants. In February, 1890, the common council of the city passed an ordinance fixing the water rates for the year beginning July 1, 1890. In May, 1890, the plaintiff brought this action against the city, the common council, the mayor, and the individual members of the council, to annul ...
Views: 8
Application for mandate to require respondent, as judge of the superior court of the city and county of San Francisco, to make an order of substitution of .attorneys in a cause pending before him. The petition does not state facts authorizing the granting of the writ. The only material statements in the petition after the jurisdictional facts are, that on the twenty-fifth day of March, 1897, petit...
Views: 3
This is a motion by appellant for an order directing the superior court, in which the action was tried, to entertain and hear a motion to vacate and set aside a certificate of allowance and settlement made by the judge of said court on the eleventh day of September, 1896, of a statement on appeal in said action, and to amend such statement by inserting therein and adding thereto certain matter ina...
Views: 2
The plaintiff, Allan Pollok, as the assignee of J. E. Deakin, an attorney at law, recovered a judgment in the superior court against the city of San Diego for the sum of sixteen hundred and thirty-one dollars and twenty-five cents, found to be a balance due tbe plaintiff as such assignee for legal services rendered to said city by said Deakin, and from said judgment tbe city appeals on the judgmen...
Views: 1
In May, 1893, tbe plaintiff requested tbe defendant to easb a draft for seven hundred dollars which had been made on the Fourth National Bank of New York by the First National Bank of Bock Springs, in the state of Wyoming, in favor of Mrs. A. J. Minto, and indorsed by her to him. The plaintiff had arrived in Fresno from the east that morning, and, when asked by the cashier of the defendant if he c...
Views: 1
Appeals from the judgment and from the order denying defendants a new trial. Plaintiff was the owner of a steamboat which plied between-the cities of San Francisco and Stockton, carrying produce and passengers. It docked at Clay street wharf in the former city. The defendants, harbor commissioners, by order changed its place of landing to Mission street wharf, whereupon plaintiff instituted this a...
Views: 1
The plaintiff has been for many years' a member in good standing oí Sacramento Chapter No; 3 of Royal Arch Masons, an unincorporated association organized at Sacramento, and one of the subordinate chapters of the grand chapter of Royal Arch Masons of this state. The grand chapter of Royal Arch Masons is the governing body of the subordinate chapters and of the members thereof, and is composed ehie...
Views: 7
The plaintiff brought this action to obtain judgment that he is the owner and entitled to the possession of a certain mining claim in Siskiyou county, and that the adverse claim of the defendant thereto is without right. At the trial of the cause the court admitted in evidence, against the objections of the defendant, a tax deed for the premises in controversy, issued to the plaintiff by the tax c...
Views: 1
The plaintiff is a raisin grower in Fresno county, and the defendant is a corporation engaged in the business of shipping fruits from different points in this state to eastern states and selling them on commission. In 1892 the plaintiff consigned and delivered to the defendant, at Fresno, a quantity of raisins for shipping and sale to his account, and they were shipped by the defendant to Chicago ...
Views: 2
In April, 1894, the defendant, Bell, entered upon certain lands in the county of Calaveras owned by the plaintiffs and took possession thereof, with their consent, for the purpose of prospecting for gold and mineral ores, under a written agreement, by the terms of which he had the option of purchasing the land for the sum of thirty-five thousand dollars, payable at a future designated day, and whi...
Views: 2
The defendant made his promissory note to the plaintiff for the sum of two thousand dollars, and in an action brought against him thereon in the superior court for San Francisco suffered default, and judgment was rendered against him and in favor of the plaintiff for the full amount of the note. Thereafter upon his motion, based upon his affidavit that at and prior to the commencement of the actio...
Views: 3
This is an action to recover damages. The ease was tried upon an agreed statement of facts, and judgment went for plaintiff. This appeal is prosecuted from such judgment. The important question presented here for consideration is: Does the judgment follpw the findings of fact? And the determination of that question is dependent upon the construction to be given a certain contract entered into betw...
Views: 1
Defendants’ testator, J. C. Wilmerding, died February 20, 1894. About one year previously he made and signed a paper writing having the form of a promissory note for ten thousand dollars, payable sixty days from its date to the order of Felix Tracy, the plaintiff. It is claimed on the latter’s behalf in this action (which is founded on said note as a demand against the estate of said deceased) tha...
Views: 1
Joshua Hendy by bis will left a legacy of five thousand dollars to bis niece, Mrs. Josepbine Green. By a codicil, which was admitted to probate with and as a part of that instrument, be provided as follows: “Tbe bequest of five thousand dollars to my niece Mrs. Jos-epbine Green is to be held in trust by my executors for her benefit and tbe interest is to be paid hir monthly, at bear deth tbe same ...
Views: 10
Deceased died testate. A document purporting to be his last will was admitted to probate February 17, 1888, and the executors named therein were duly appointed. It does not appear whether or not the estate has been distributed. On December 13, 1894, appellant, one Wesley J. Lovett, filed his petition to revoke the probate of said will and contesting the same. Issues upon the merits were framed and...
Views: 3
On January 6, 1888, Lillian Cullen commenced an action in tbe superior court of San Diego county against J. C. Sprigg, tbe plaintiffs in this action and others, for tbe partition of lot 1111 of tbe pueblo lands of tbe city of San *666Diego, “as shown and delineated upon tbe official map thereof made by Charles H. Poole, C. E. and IT. S. deputy surveyor, and lmown as the Poole map.” The plaintiffs ...
Views: 3
The defendant was charged with the crime of seducing an unmarried female of previous chaste character, under promise of marriage. He was convicted and sentenced to pay a fine of three thousand dollars, and in default of payment to be imprisoned one day for each four dollars of the fine, until the same is satisfied. From that judgment and an order denying his motion for a new trial he has appealed....
Views: 3
Action to foreclose a mechanic’s lien. The defendants employed .Kelley to do the carpenter work hereinafter specified at an agreed compensation of two dollars and fifty cents per day. His labor amounted to one hundred and five dollars, of which forty dollars has been paid, leaving due the sum of sixty-five dollars, for which he filed a lien. Kelley died after the cause was tried, and his administr...
Views: 1
This is a proceeding to condemn a strip of land for a private way, and the ease is presented on a demurrer to the complaint. The demurrer was overruled, and the defendant did not answer. Judgment went against him, and he now appeals, resting on his demurrer. The complaint avers the filing of a sufficient petition and the giving and approval of the bond, and that afterward such proceedings were had...
Views: 0
It is averred in the complaint that plaintiffs, through their agents Seidenberg & Co., delivered to defendant at the city of New York four certain packages of cigars, of the *687value of sis hundred and twenty-five dollars which defendant, a common carrier, received and agreed to deliver to plaintiff at the city of San Francisco; that defendant wrongfully and negligently failed to deliver said cig...
Views: 3
Appellant was indicted by the grand jury of Sonoma county for the crime of incest. The indictment was set *2aside upon defendant’s motion upon the ground that one of the grand jurors was incompetent, in that he had not been assessed on the last assessment-roll of said county. Thereupon the court resubmitted the case to the same grand jury, but directed Mr. Eamage, the incompetent juror, not to be ...
Views: 9
Jones brought an action against Richter, alleging a partnership in the business of selling street railway cables, and asked for the appointment of a receiver, an accounting, and a decree of dissolution. Subsequently Seale intervened, setting out that he was a partner of Richter in the business of selling cables, and that Jones was not. He also asked for an accounting and a dissolution of the partn...
Views: 2
Plaintiff brought this action to enjoin the defendants from destroying or removing a bulkhead or retaining wall erected along the westerly side of her lot. Upon filing her complaint, a preliminary injunction was granted. The defendants answered, and upon their answer and affidavits moved for a dissolution of the injunction. The plaintiff filed affidavits in reply, and upon the hearing an order was...
Views: 3
This is an action of ejectment to recover possession of a lot of land situated at the southeast corner of Sacramento and Steiner streets, in the city of San Francisco. The complaint is in the usual form, alleging plaintiff’s ownership of the lot in fee and her ouster therefrom by defendants. The an*19swer denies the allegations of the complaint and alleges that at all the times mentioned in the co...
Views: 4
This is an appeal by defendants from a judgment of plaintiff in an action to foreclose the lien of a street assessment, in the city and county of San Francisco, and from an order denying defendants’ motion for a new trial. The only point made by appellants is, that the hoard of supervisors did not acquire jurisdiction to order the work done, because they failed to declare and describe in the resol...
Views: 0
Motion to dismiss an appeal from a decree of final distribution, on the ground that it was prematurely taken. Section 1704 of the Code of Civil Procedure requires that all orders and decrees in probate proceedings “must be entered at length in the minute book of the court”; and section 1715 of said code provides that an appeal “must be taken within sixty days after the order, decree, or judgment i...
Views: 0
On November 19, 1895, the judge of the superior court of Sonoma county issued the alternative writ of the court directed to the defendants, the common council of the city of Santa Rosa, commanding them to advertise, as required by law, for bids for the lighting of the streets and public buildings and other public places of said city, and to show cause why a. peremptory writ of mandate should not i...
Views: 4
January 1, 1883, plaintiff made a contract in writing with Otto Heves, under which Heves entered into the immediate possession of a tract of about forty acres of land belonging to plaintiff, the whole of which available for the purpose Heves was to clear up and cultivate to such fruit trees, grape vines and small fruit plants as should be furnished for the purpose by plaintiff—a certain acreage to...
Views: 11
This is an appeal by an insolvent debtor from an order of the superior court denying his petition to have set apart to his use “one Holt Bros/ Combined Harvester.” The court adjudicated that said harvester, and certain other personal property not involved here, “are not utensils or implements of , husbandry”; and in so holding we think the court erred. The court found that at the date of the adjud...
Views: 1
This is an appeal by the plaintiff from the judgment and also from the order modifying such judgment. It is the second appeal in the case. (See Buck v. City of Eureka, 109 Cal. 504.) In pursuance of the permission given by this court in the judgment rendered in the former appeal, plaintiff filed his second amended complaint seeking compensation upon a quantum meruit for services rendered after his...
Views: 4
Plaintiff brought an action in superior court against one Thomas J. Kelly to recover the sum of one thousand dollars, and procured a writ of attachment to issue and to be levied on property of the said Kelly, consisting of furniture, carpets, and household goods in a certain hotel kept by Kelly. Thereupon Kelly executed to the plaintiff a bond in the sum of $1,500 for the release of said property ...
Views: 7
This is an application for a certificate of probable cause to stay proceedings under an order of the superior court fixing a day for the execution of the judgment of death heretofore pronounced against appellant. It is made to appear from the papers on file on this appeal, and presented to us in support of this application, that appellant having been brought before the superior court upon November...
Views: 7
Petitioner’s wife obtained a decree of divorce, including an order for the payment of permanent alimony in weekly installments. After paying two hundred and eighty dollars, the petitioner ceased making further payments, and, at the instance of the plaintiff in the divorce suit, was cited by the superior court to show cause why he should not be punished for contempt of the order of the court in fai...
Views: 8
This is an appeal from an order of the superior court in and for the county of Santa Barbara, granting a writ of assistance in favor of Alex. Lyall and against the appellant. The facts disclosed by the record show that on the sixth day of June, 1890, George McCaughey, defendant’s intestate, executed to H. J. Finger a mortgage upon the land described therein, to secure the payment of his promissory...
Views: 2
This is an action to foreclose a mortgage, and the only question in the case is as to which of two mortgages on the same land has priority. The facts are in substance as follows: On October 8, 1893, the defendant, W. H. Fox, executed to the defendant, Stella Payne Meads, his promissory note for seven hundred and fifty dollars, and a mortgage to secure payment of the same on one hundred and sixty a...
Views: 4
On October 25, 1895, the defendant, as the administrator with the will annexed, published notice to creditors in the estate of Susan Berg, deceased, directing all creditors to present their claims within four months after the first publication of the notice. *66January 2,1896, and before the time for presenting claims had expired, John Sundstrom died, without having presented his claim against the...
Views: 9
Appeal from the judgment, the evidence being brought up for review by a hill of exceptions. Plaintiff sued David T. Pierce and Emeline Wallace, averring the following facts: That one David T. Pierce, for a valuable consideration, made and executed to plaintiff his promissory note for the sum of eight thousand dollars, with interest at the rate *69of eight per cent per annum until paid. “That, for ...
Views: 4
Action against defendant, as administrator, for money expended as funeral expenses of deceased, and for expenses of administration and traveling expenses, while plaintiff was special administrator of defendant estate. As a second cause of action plaintiff claims for services in nursing and providing board and lodging for deceased in his lifetime. Defendant demurred to the complaint, alleging insuf...
Views: 2
This appeal is prosecuted by the people to test the validity of an order of the superior court sustaining a demurrer to an information filed against the defendant Knox. This information is based upon section 529 of the Penal Code, which declares that “every person who falsely personates another, and in such assumed character either becomes bail or surety for any party .... is punishable,” etc. By ...
Views: 0
Defendant is a corporation organized under the laws of this state. Plaintiff, who was a member of the corporation, filed his petition for a writ of mandate, alleging his illegal expulsion by the defendant society, and praying that he be restored to full membership, as theretofore. The plaintiff had judgment in the lower court as prayed for, and the defendant appeals from the judgment. It is not co...
Views: 0
This action was commenced in the superior court of the county of Fresno, on December 16, 1895. The purpose of the action was to have it adjudged that the plaintiff was the owner and entitled to the possession of an undivided one-third interest in all the property, business, proceeds, and profits *79of an alleged copartnership, and for an accounting. Five parties were named in the complaint as defe...
Views: 5
This is an action of claim and delivery to recover certain sheep. The defendant, who was sheriff of Kern county, justified under a writ of attachment issued in a suit brought by John H. and Harry E. Wise against J. Y. Caldwell. The sheep were attached as the property of Caldwell. Judgment was afterward entered in favor of the plaintiffs in the attachment suit, and the sheep were sold to satisfy th...
Views: 2
The defendant was convicted of the crime of rape, charged to have been committed upon a child thirteen years of age. The defendant contends that the girl consented, but that the offense was not consummated. Upon these two points there was a conflict between the defendant and the prosecutrix. A reversal is claimed on two grounds: 1. It is contended that the court erred in refusing to instruct the j...
Views: 5
Action upon a street assessment. Section 5 of the street improvement act (Stats. 1889, p. 162) provides that the owners of three-fourths of the frontage may elect to take the work and enter into a written contract therefor, at the price at which it was awarded, within ten days after the first posting and publication of the notice of award; and that, if they fail to elect to take the work and enter...
Views: 2
The defendant has been convicted of violating an act of the legislature commonly known as the "train wrecking act.” He was charged by the information with unlawfully boarding a certain passenger train with intent to rob said train. It is claimed that the act is unconstitutional in this, that it violates that provision of the constitution which declares that every act of the legislature shall embra...
Views: 1
Friedlander owed the Bank of California about five hundred thousand dollars, and Chapman owed the bank about two hundred thousand dollars. Each gave his notes to the bank for the amount of his indebtedness, with the other as an indorser. To secure the payment of all these notes Chapman conveyed to the bank about seventy-four thousand acres of land'and certain collateral securities. Friedlander con...
Views: 2
On April 11, 1895, the parties entered into a contract whereby plaintiff agreed to buy and defendant agreed to sell certain salt hides, calfskins, pelts, and tallow of animals previously slaughtered, and thereafter, during said month of April, to be slaughtered by defendant in the course of his business of butcher. Plaintiff then paid to defendant the sum of two hundred dollars, and took the follo...
Views: 3
This is an appeal from a judgment of mandate which ordered the treasurer of Big Rock Creek Irrigation District to pay certain warrants, issued by the district, from the funds then in the treasurer’s hands. Under authority found in certain provisions of the Wright irrigation act, four thousand dollars was raised by a special tax upon the property of Big Rock Creek Irrigation District. This tax was ...
Views: 0
Appeal from an order setting aside and vacating a default judgment rendered against defendant, and recalling an execution issued thereon. The grounds of the motion on which the order was made were mistake, inadvertence, and excusable neglect in not answering plaintiff’s amended complaint; that the amended complaint changed the cause of action, and was not personally served on defendant, and on the...
Views: 2
This is an action to quiet the plaintiff’s title to a quarter section of land in the county of Fresno. The plaintiff had judgment, and the defendants appeal therefrom on the judgment-roll, without any statement or bills of exceptions. The material facts of the case, as found by the court, are in substance as follows: In April, 1891, plaintiff entered into possession of the said quarter section of ...
Views: 1
This appellant complains that his motion in arrest of judgment should have been granted. The contention is based upon an alleged defect in the information, wherein it fails to allege that the acts done by appellant which constitute the burglary were done “contrary to the force and effect of the statute in such cases made and provided.” No demurrer was interposed to the information, and under those...
Views: 1
Action to restrain defendants from entering upon block 56^, in the city of Santa Barbara, which it is alleged in the complaint defendants threaten to do for the purpose of grading Laguna street, on which said block fronts, and from excavating and removing soil from said block and removing plaintiffs’ fences inclosing the same. By stipulation, the case entitled Julia Gr. Baker versus the same defen...
Views: 1
These appeals were argued and submitted together. ■ They involve identical questions, and the evidence is substantially the same in each case. They may, therefore, be considered and disposed of together. The appeals are from the judgments and from the orders denying the defendants new trials. The questions involved are: 1. The validity of an ordinance of Inyo county requiring the procurement of a ...
Views: 2
John C. Edgar was adjudged guilty of contempt by the superior court of San Diego county, and was punished therefor by a fine of two hundred dollars, with the alternative of imprisonment. This hearing is under his application for a writ of habeas corpus. The facts giving rise to the alleged contempt are the following: One Joseph Japhet Ebanks was convicted of murder in the first degree before the s...
Views: 2
This action is brought hy the plaintiffs, trustees under the last will of O. C. Pratt, deceased, to obtain a decree of the court determining whether an annuity, provided in said last will to be paid to Lizzie E. Pratt, widow of said O. C. Pratt, deceased, shall he so paid from the date of the death of said deceased, viz., from October 24, 1891, or from the date of the decree of distribution, viz.,...
Views: 3
This action was brought in the superior court of the county of Butte against the heirs, devisees, legatees, and representatives of the heirs, devisees, and legatees of 0. C. Pratt, deceased, who died testate October 24, 1891, being at the time of his death a resident of said Butte county, for the purpose of having it adjudged that the plaintiffs are the owners as trustees of certain premises in th...
Views: 10
This is an appeal from an order of the superior court in and for the county of Butte modifying an order settling the second annual account of A. H. Crew and F. C. Lusk, trustees under the last will of O. C. Pratt, deceased. The general facts are stated in Crew v. Pratt, ante, p. 131, this day decided, and need not be repeated here. On the twenty-sixth day of March, 1895, the court entered an order...
Views: 0
This is an appeal from an order of the superior court in and for the county of Butte settling the third annual account of A. H. Crew and F. C. Lusk, trustees, for the year 1895, under the last will and testament of O. C. Pratt, deceased. The appellants filed exceptions to the report, which were overruled upon the hearing, and an order entered approving the account, from which order this appeal is ...
Views: 6
This is a motion to dismiss the appeal of George W. Burnett and Annie Frances Burnett from the final judgment and also from an order refusing to vacate an order for a writ of assistance. The action was for the foreclosure of a mortgage, and one William Nieol was a codefendant with the appellants. Nieol appeared in the action, and set up his claim to a lien subsequent to the lien of the plaintiff. ...
Views: 10
The city of Los Angeles brought suit to condemn land for a public street. Judgment passed for plaintiff, and from this judgment and from the order denying defendants’ motion for a new trial defendants appeal. The city instituted its action under the provisions of part III, title VII, of the Code of Civil Procedure. Before the commencement of the suit it had not resorted to the steps and processes ...
Views: 2
Defendant Ellenwood was tried upon an information charging him with making and passing a fictitious check with intent to defraud one James H. Doolittle, was found guilty as charged, and sentenced to imprisonment at San Quentin for fourteen years, and he appeals from said judgment and an order denying his motion for a new trial. Appellant contends that the information upon which he was tried is ins...
Views: 7
The plaintiff brought this action to recover a sum of money, with interest, alleged to be due for lumber sold and delivered by him to defendants. The answer denied all the averments of the complaint. The court found: “That on the eighth day of November, 1892, the plaintiff, at the instance and request of the defendants, sold and delivered to said defendants lumber of the agreed price and value of ...
Views: 10
The complaint was filed May 10, 1893. The summons was served on all the defendants except Gillen, who has not been served, on May 4, 1896. On May 5, 1896, defendant Stivers served notice of motion to dismiss the action on the ground of unreasonable delay in the service of the summons and in the prosecution of the action. Defendants Lial and Lyons gave a similar notice, and on June 1, 1896,-the cou...
Views: 9
This is an appeal from the judgment rendered against defendants in an action for the foreclosure of a materialman's lien. The facts were stipulated, and upon them the court rendererd the judgment complained of. The stipulation of facts is under agreement of the parties made a part of the judgment-roll, and may here he considered as the findings upon which the judgment was based. (Muller v. Rowell,...
Views: 2
When this case was in Department the judgment and order appealed from were affirmed upon an opin-^ ion prepared by Mr. Commissioner Haynes. After further con-' sideration, we are satisfied with the conclusion there reached, and with the opinion then delivered as to the points therein discussed. But the appeal was inadvertently considered as though the motion for a new trial had been based upon a s...
Views: 6
A decision was rendered in Department directing the reversal of the judgment obtained by plaintiff in this cause, on the ground that the case was not cognizable in the superior court, the amount in controversy appearing on the record as presented to be less than three hundred dollars. Subsequently, on the petition of respondent, accompanied by a suggestion of diminution of the record and a certifi...
Views: 3
This is a motion to dismiss the appeal from the judgment, on the ground that the time for filing the transcript on appeal has expired and no transcript has been filed, and because the pretended record which was filed contains no copy of the judgment-roll. The first ground is based upon the informal certificate to the transcript. The appellant has produced a proper certificate, which we think he sh...
Views: 0
Two appeals entitled and numbered as above are pending in this court. Each is from an order of the superior court fixing a day for carrying into execution a sentence of death. The case is this: The defendant was convicted of murder in the first degree by a verdict involving the extreme penalty. He appealed from the judgment and from an order denying his motion for a new trial, but the judgment and...
Views: 2
The district attorney instituted this action in the name and on behalf of the county to recover from the treasurer of the county, and from his bondsmen, moneys alleged to have been paid on illegal claims, together with a penalty of twenty per cent upon the amount so paid. Defendants moved to dismiss the action upon the ground that it was instituted without authority, and also interposed a general ...
Views: 0
The defendant was convicted of murder in the first degree, and appeals from the judgment and from an order refusing a new trial. The defense was insanity of the defendant, caused by excessive indulgence in alcoholic drinks for a number of years, inducing chronic alcoholism, through which his. brain became permanently diseased, causing delusions and rendering him incapable of knowing the wrongfulne...
Views: 1
Montague & Co. petitioned the superior court for a writ of mandate to compel the city treasurer of the city of Vallejo to pay a certain warrant drawn for the sum of ninety dollars and eighty-five cents by the trustees of said city. A demurrer was sustained to the petition, and the soundness of that ruling of the trial court is the matter presented here for consideration. The material facts disclos...
Views: 2
A citizen of the city of Sacramento presented in writing to the board of trustees certain charges against appellant, as superintendent of streets; whereupon the hoard fixed a time for the hearing thereof, and caused a copy of the charges and a notice of the time fixed for the hearing to be served upon appellant, who thereupon petitioned the superior court for a writ prohibiting said board from pro...
Views: 2
Judgment was rendered for plaintiff in the sum of two hundred and ninety-two dollars and thirty-six cents, with interest compounded yearly from the eleventh day of November, 1868. Defendant appeals from the judgment and from an order denying a motion for a new trial. The appellant certainly makes a pretty strong case, showing that the judgment in this case does an injustice to appellant and to the...
Views: 1
This action was brought to recover a broker’s commission for the sale of real estate. The complaint charges that on or about April 17, 1894, defendants employed plaintiff to sell certain lands, and agreed to pay him a reasonable compensation for his services, provided he should succeed in selling the same on terms satisfactory to defendants. It is then averred that he found a purchaser on the 18th...
Views: 9
Appeal from a judgment of the superior court in and for the city and county of San Francisco in favor of plaintiff for $2,628.85, upon a promissory note made by defendant for $2,500, bearing interest after maturity at eight per cent per annum, and dated August 21, 1894. Accompanying the note rvas an agreement executed by the patties of which the following is a copy: “Agreement. “This agreement, ma...
Views: 2
Action upon an injunction bond. Defendants appeal from the judgment and from an order denying a new trial. An action was brought against plaintiff in the United States circuit court to enjoin it from using a certain trademark and label. October 23, 1890, a temporary restraining order was made, pending an order to show cause why an injunction pendente lite should not he issued. Both orders were ser...
Views: 5
This action is prosecuted to recover from the defendant five thousand five hundred dollars and interest, upon a promissory note made by defendant to plaintiff on December 27, 1890, due six months after date. The answer contains several defenses, alleging separately that there was no consideration for the note, that the consideration had wholly failed, and also alleged that said note was given for ...
Views: 3
This is an action for damages; the jury returned a verdict in the sum of fifteen hundred dollars, for which amount judgment was entered in favor of plaintiff; and from the judgment and order denying a new trial the defendant appeals. Plaintiff purchased a tract of land from defendant, together with a certain water right appurtenant thereto; and it is averred in the complaint that afterward, and be...
Views: 7
The defendant was informed against for burglary alleged to have been committed in the county of Los Angeles December 4, 1896, by unlawfully, feloniously, and burglariously entering the house, room, and building of one Louisa Mas-sett, with intent then and there to commit the crime of larceny. Upon his plea of “not guilty” a trial was had and a verdict returned of guilty of burglary in the first de...
Views: 7
ASSUMPSIT – QUANTUM MERUIT – INSUFFICIENT DEFENSE – SPECIAL CONTRACT FOR CONSTRUCTION OF LEVEE – NONPERFORMANCE – NONPAYMENT OF INSTALLMENTS. – The failure to make agreed monthly payments, under a special contract for the construction of a levee, is a substantial breach there of by the one for whom it is constructed, and justifies the contractor in refusing to proceed further thereunder; and he ma...
Views: 3
A petition for hearing in Bank having been granted, upon further consideration it appears that on January .20, 1892, McDonald conveyed to John Brown Colony, a corporation, and to D. S. Dorn blocks 51 and 60. On that day the title still remained in Brown. The Dorn deed was recorded January 23d, while'the John Brown Colony deed was recorded January 26th. On January 25, 1892, Brown conveyed these sam...
Views: 10
Action to quiet title to a portion of a certain lot Ho. 97, outside lands of the town of Santa Barbara. On January 29, 1875, James L. Ord, then the owner of said lot 97, executed a deed purporting to convey the whole thereof to one Robert B. Ord, his brother, for the expressed consideration of fifteen hundred dollars. On August 20, 1875, in an action of divorce between said James and his wife, Aug...
Views: 6
Claim and delivery for certain four thousand and fifty-six goatskins of the value of twelve hundred and sixteen dollars and eighty cents. The court found against the plaintiff and in favor of defendant Porter, upon the issue of ownership and right of possession; *317it also found that the sheriff of San Diego county took the property from the possession of said Porter, and has since delivered it t...
Views: 2
The defendants, Van Horn and Crow, ; were charged by information with the murder of one A. D. Littlefield. They were convicted of murder in the second degree 'and sentenced to imprisonment in the state’s prison, and they appeal from the judgment and from an order denying a new trial. • The transcript is quite voluminous, and appellants make a great many points upon exceptions taken by them to ruli...
Views: 5
The defendant, a banking corporation, closed its doors on June 33, 1893, being then insolvent, and on November 3, 1893, was duly declared insolvent in a proceeding taken under section 11 of the bank commissioners’ act, and since that time has been in liquidation, and has declared and paid six dividends of five per cent each on the unsecured claims of its depositors and creditors, exclusive of cred...
Views: 2
This is a creditor’s hill, in which it is sought to subject certain property to the satisfaction of plaintiff’s execution against John Thompson. A general demurrer to the complaint was sustained, and the plaintiff, having declined to amend, appeals from the' judgment entered. Besides showing plaintiff’s judgment and execution, the complaint contains allegations showing that Jonathan Thompson died ...
Views: 6
I dissent. In my opinion but one of the orders was appealable, and there was but one appeal. Besides, I am unable to distinguish this case from SprecJcels v. SprecJcels, supra, in which a bond similarly defective was held to be amendable, and this bond has been amended. Behearing denied....
Views: 0
Action to quiet title. The plaintiff had judgment, and the defendant, Horace A. Mayhew and Mary J. Mayhew, appeal from the judgment, and also from an order denying their motion for a new trial. No point is made upon the appeal from the judgment. The complaint is sufficient, and the facts found support the judgment. The motion for a new trial was heard, as the order denying the motion recites, upon...
Views: 3
This appeal is taken by F. C. Martin, one of the defendants in the above-entitled cause, from a decree of foreclosure of four mortgages. The cause comes up on the judgment-roll, without any statement or bill of exceptions. On the second day of June, 1890, the defendant, John A. Perry, being the owner of five lots or parcels of land situate in Monterey county, designated as lots Nos. 10, 11, 55, 56...
Views: 4
This action is brought under the act approved April 23,1880, entitled “An act amendatory of an act for the better protection of the stockholders in corporations formed under the laws of the state of California for the purpose of carrying on and conducting the business of mining, approved March 30, 1874.” Trial by the court, and plaintiff had judgment for $1,000 liquidated damages and as penalty fo...
Views: 3
On March 11, 1892, the defendant, M. E. Murphy, executed a promissory note for fourteen hundred dollars to W. H. Lee, plaintiff’s testator (and husband), and on the-same day he executed a mortgage on the premises described in the complaint to said Lee, to secure the payment of said note. The mortgage was acknowledged by Murphy before Lee, the mortgagee, and the name of the mortgagee given in the m...
Views: 9
Action for the foreclosure of a mechanic’s lien. In May, 1894, the defendant Hege being the owner of a' lot of land in the town of Santa Monica, on which there was a dwelling-house, verbally leased the same to his codefendant, Naumann. Shortly after Naumann had entered into possession he obtained permission from Hege to construct certain additions to the building, and for that purpose purchased ce...
Views: 1
Appellant was convicted of an assault upon one George Ryan with intent to commit the infamous crime against nature, and was sentenced to imprisonment in the state prison at Folsom for the term of live years. Defendant in due time moved for a new trial, his motion was denied, and hence this appeal. The only point made for reversal is that the evidence is insufficient to justify the verdict. Only tw...
Views: 0
This is an action to restrain the defendant, a municipal corporation, from polluting the waters of Santa Rosa creek by discharging or permitting to run into said stream, above the lands of the plaintiff, any of the sewage from the city of Santa Rosa, the defendant herein, and to recover damages for past injury. Plaintiff had judgment for one dollar damages and a perpetual injunction restraining de...
Views: 3
This is an appeal by the defendant Ash-worth and the intervenor Tilton, from a judgment of the superior court in mandamus, whereby it was decreed that the defendant Ashworth, as superintendent of streets, etc., of the city, and county of San Francisco, do pay to the plaintiff the sum of $5,713, with interest. Appellants also appeal from an order denying a new trial. The real contest is between the...
Views: 0
Application for the writ of habeas corpus upon the ground that the justice of the peace, in whose court the *402prisoner was convicted (by a jury) of a misdemeanor, was ousted of jurisdiction by the filing of an affidavit by defendant that he had reason to believe, and did believe, that he could not have a fair and impartial trial before said justice by reason of his prejudice and bias. (Pen. Code...
Views: 0
This is an appeal from an order of partial distribution of the estate of Joseph B. Boody, and from an order .refusing a new trial therein. The order distributes certain par*403cels of real estate "belonging to said estate. The sole question ire issue is whether the lands so distributed were community, property or the separate property of Joseph B. Boody, deceased. Joseph B. Boody died intestate, i...
Views: 2
John M. Cavarly died in 1895 testate. The will was admitted to probate and letters testamentary were issued to the Union Trust Company of San Francisco in accordance with the terms of the will. The estate as appraised consisted of personal property of the value of fifty thousand three hundred and sixty-three dollars and forty-one cents, and real property valued at thirty-seven thousand two hundred...
Views: 2
This action was brought to enforce an alleged lien for twenty-four dollars and seventy-five cents upon certain land of the defendant for work done upon a street in front of said land in grading said street, curbing etc., under section 1191 of the Code of Civil Procedure. The defendant demurred to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action,...
Views: 2
Action to quiet title to certain land on which was a granite quarry. Defendant answered the complaint and set up an instrument executed by plaintiff to him September 25, 1889, by which plaintiff agreed to sell and convey to defendant-*431the portion of the land containing said quarry, at the expiration of a certain lease, under which the quarry was being worked, which did not expire until 1901. Th...
Views: 4
Petition for a writ of prohibition to restrain the respondent, as judge of the superior court, from proceeding to entertain an appeal from an order made in the justice’s court under proceedings supplementary to execution. Wells, the petitioner, obtained a judgment against one Sidney Selover before a justice of the peace, execution was issued upon the judgment, and thereafter proceedings were duly ...
Views: 1
The plaintiff recovered a verdict against the defendant for personal injuries sustained by the fall of an elevator in which he was at the time a passenger. From the judgment thereon and an order denying a new trial the defendant has appealed. It is alleged in the complaint that the defendant operated and controlled the elevator, and that the same was wholly under its management and control, and wa...
Views: 12
A demurrer to the complaint was sustained on the ground that it did not state facts sufficient to constitute a cause of action, and, plaintiff declining to amend, judgment passed for defendants, from which plaintiff appeals. It appears from the complaint that the defendants’ intestate died in October, 1892, and on November 28th his surviving widow, one of defendants, was appointed administratrix o...
Views: 3
The complaint herein is upon a promissory note purporting to have been made by four persons who are named as defendants in the action. Judgment by default was rendered against three of the defendants, from which one of them—Thomas Rowland—has appealed. The affidavit of service of the summons and complaint upon the appellant is as follows: “[Title of Court and Cause.] “G. L. Wilson, being duly swor...
Views: 4
This appeal is prosecuted from a judgment directing that a peremptory writ of mandate issue to the auditor of Merced county, requiring him to draw a warrant for the sum of ninety-one dollars and fifty cents. At the request of the tax collector of the county of Merced, plaintiffs printed the delinquent tax list for the fiscal year 1894-95. They presented a claim for the work done to the board of su...
Views: 6
The defendant was indicted for the crime of incest, alleged to have been committed upon his daughter, a girl under thirteen years of age. He was tried and found guilty of the offense charged, and the judgment was that he be punished by imprisonment in the state prison for the term of ten years. From that judgment and an order denying his motion for a new trial he has appealed. The indictment was r...
Views: 11
This is an action to recover damages for a malicious prosecution. Defendant McAdam was the owner of a certain tract of inclosed land. Plaintiff Seabridge was a subtenant of defendant’s vendor, and was cultivating a portion of this land to grain. Defendant, claiming the exclusive possession of the land, fastened the entrances thereto. Plaintiff, claiming the right to enter, broke the gates and ente...
Views: 2
The plaintiff is the assignee in insolvency of C. A. Macomber. The defendants were formerly copartners as Stauf & Cooper, stockbrokers engaged in buying and selling shares of stock in mining and other corporations. This action was brought to recover from the defendants a large amount of money advanced by Macomber to the defendants for the purpose of buying, carrying, and selling shares of stock in...
Views: 6
The facts are admitted and found to he as follows: September 37, 1895, George J. Ainsworth, plaintiff’s testator, executed his note to the Bank of California for $10,000, payable December 30, 1895. He was a customer of the bank, and at his death, October 30, 1895, had on deposit there to his •credit the sum of $5,974.35. On December 36, 1895, the day the note matured, the bank, without the consent...
Views: 4
The sufficiency of the complaint is the only question before the court upon this appeal, judgment having been entered upon an order sustaining a demurrer thereto. A condensed recital of the main facts disclosed by the pleading becomes necessary. The First Presbyterian Church of Los Angeles was composed of about eight hundred members, and was incorporated according to the laws of the state. As such...
Views: 20
The petitioner is imprisoned under a judgment convicting him of defrauding an innkeeper. He demands his release upon the ground that the statute creating the offense has been repealed. On March 10, 1887, a statute was enacted under the following title: “An act to add a new section to the Penal Code, to be known as section 537, relative to personal property mortgaged.” March 1, 1889, another statut...
Views: 8
The executor has appealed from an order (of the probate court allowing him for the use of the attorney who had previously represented him in the management of the estate a fee of three thousand dollars. During the progress of the administration the executor asked for a substitution of attorneys. At the hearing of this application, Knox, the previously acting attorney for the executor, appeared and...
Views: 2
The questions involved in this appeal arise upon demurrer to the complaint and upon the contention that the judgment is not warranted by the findings. I think all these points are well taken. The complaint contains two counts. In the first, after stating the death of the testator, the probate of the will, and appointment and qualification of the executrix, and that all the property of the estate w...
Views: 1
By section 13 of the act of March 23, 1893, relating to the Whittier State School (Stats. 1893, p. 332), section 17 of the original act was amended so as to read as follows: “If any accusation of the commission of any crime shall be made against any minor, under the age of eighteen years, before any grand jury, and the charge appears to be supported by evidence sufficient to put the accused upon t...
Views: 4
Under an order made by the superior court for the sale of certain real property belonging to the estate-of the above-named decedent, the administrator sold the same' to the respondent and thereafter made a return of his proceedings and asked for a confirmation of the sale. Upon the hearing the purchaser objected to the confirmation, and asked that the sale he set aside, upon the ground that the pe...
Views: 3
The complaint alleges that on February 25, 1882, the plaintiffs and the defendants Warren C. Kim-ball and Moses A. Luce, and James S. Gordon, since deceased, executed their promissory note for $10,000, payable to the order of the Consolidated Bank of San Diego six months after date, with interest, and that said bank afterward indorsed said note to Bryant Howard; that plaintiff Ella S. Rogers signe...
Views: 1
This is an action of ejectment brought by the plaintiff to recover possession of certain lands in Sonoma county of which, it is alleged, he is the owner in fee and entitled to possession. Judgment was entered for the defendants upon the findings, and plaintiff appeals therefrom and from an order denying his motion for a new trial. John Shuster, the husband of Sarah E., and father of the other defe...
Views: 2
Plaintiff leased of one Gregory ninety-five acres of land, and also purchased of Gregory barley to seed the same for a crop of grain hay; the lessor extending credit for both rent and seed upon an understanding that he should be paid therefor from the first proceeds of sale of the crop. Plaintiff then took one Smith Leedom as a partner in the business of raising the crop, they agreeing to share eq...
Views: 1
Action to recover by C. T. H. Palmer, as assignee of C. A. Warren, contractor, upon a street assessment, and to enforce a lien therefor for grading Broadway, a public street in the city of Oakland. A demurrer was interposed by the defendants to the amended complaint of the plaintiff, which was sustained by the court, and, plaintiff having failed and declined to amend, final judgment went for the d...
Views: 2
This is an action to recover damages for an injury sustained by the plaintiff while he was in the employ of the defendant. By the verdict and judgment plaintiff was awarded damages in the sum of $1,500; from which judgment and an order refusing a new trial the defendant has appealed. In 1895 the defendant was engaged in constructing jetties at the entrance to Humboldt bay. A portion of the work to...
Views: 1
This is an action to recover damages from the corporation defendant, alleged to have been sustained by plaintiff by reason of the fall of a passenger elevator erected by said defendant for plaintiff in the History Building, Market street, San Francisco. Defendant, among other defenses to the action, set up the bar of the statute of limitations as found in subdivision 1 of section 339 of the Code o...
Views: 1
This is an action in ejectment, brought by the city and county of San Francisco against Ellen Grote to recover the possession, for street purposes, of a small strip of land alleged to be a portion of a public street, dedicated to the public as such. Said alleged street is known as " Garden avenue,” and extends through a single block from Devisadero street to Broderick street, between Geary and Pos...
Views: 3
Action to quiet title. Findings and judgment were for the plaintiff, and defendants appeal from an order denying their motion for a new trial, upon the ground that the findings are not justified by the evidence. Plaintiff and defendants own contiguous lots in the city of Los Angeles, fronting on Buena Vista street, formerly known as Eternity street. Said street runs nearly north *660and south. Bel...
Views: 0
This action was brought to recover the sum of $4,588, alleged to be the balance due from defendant to plaintiff for one hundred “rubber concentrator belts,” manufactured by plaintiff for defendant between January 3, 1893, and December 20, 1893. The defense was that a large number of the said belts were not of good quality, and were not reasonably fit for the purposes for which they were intended. ...
Views: 2
This is an action to foreclose a lien for materials furnished for and used in the construction, alteration and repair of certain buildings on a lot of land in the town of Santa Monica, county of Los Angeles. Defendant Hege was the owner of the lot, and defendant Naumann was the lessee thereof. The materials were furnished by plaintiff upon the order of Naumann, and were of the alleged value of $24...
Views: 2
The defendant was charged, under section 548 of the Penal Code, with the offense of willfully destroying by fire a certain building, with the intent to defraud the Palatine Insurance Company, Limited, of Manchester, England, a corporation, in which company the property was then insured. A fire occurred in the town of Madera on the 27th of July, 1895, in which several buildings were consumed, one o...
Views: 1
The plaintiff and defendant, many years ago, were copartners as contractors for the construction of sea-walls, filling in streets, and other similar work. On March 18, 1880, the plaintiff brought an action in the superior court of -San Francisco against the defendant for an accounting and settlement of the partnership affairs, the appointment of a receiver and a dissolution of £he partnership, cla...
Views: 1
The only question presented here is as to which of certain two wills of decedent should be admitted to probate. Both are conceded to have been executed by the deceased in her lifetime. One is olographic, and is dated June 21, 1882. The other bears no date, but is witnessed, and was found by the court to have been executed in the summer of 1883, and was also found to have been the last will of the ...
Views: 0
In probate. A. G. Clough, public administrator in and for the county of Merced, petitioned the court for letters of administration upon the estate of Gio*658vanni Galliano, deceased. Respondents Prank M. Borello, as the guardian of the person and estate of Charles C. Galliano, a minor son of the deceased, and N. P. Justy, as the guardian of the person and estate of James Prank Galliano, also a min...
Views: 0
On December 18, 1893, J. D. Reilly, the appellant in this case, commenced an action against the Mammoth Spring Mining Company to recover the sum of $428.53 due him from said corporation for timber theretofore sold *713and delivered to said corporation, and on the same day caused a writ of attachment to be issued in said action, which was levied upon all the property of the corporation. At and prio...
Views: 0
This is an action to obtain a decree annulling a deed of conveyance by defendant to plaintiff of the undivided one-sixth interest in and to about four hundred and eighty acres of land situate in the county of Pacific, state of Washington; to have it determined that plaintiff has an interest in the firm of Wiester & Co., which on August 1, 1890, was of the value of $7,000; that defendant be decreed...
Views: 0
This action was brought on a promissory note calling for the payment of $36,000. Prior payments had been made thereon; but the amount of these payments is not material. Defendants, by way of cross-complaint, set out certain agreements, claiming thereby full satisfaction of the note, and also a judgment against plaintiff in th'e sum of $4,000. The views of the trial court coincided with defendants’...
Views: 0
This action is prosecuted by the plaintiff, an attorney at law, to recover for professional services rendered to the defendant under a special contract made June *6754, 1888, and for moneys paid out for the defendant at its request. Said contract fixed a monthly salary as a retainer, and for advice, etc., and provided that for his services in litigated cases he should have a reasonable compensatio...
Views: 0
At the hearing of this cause the appeal from the order denying a new trial was dismissed for want of an undertaking upon such appeal, the $300 undertaking for costs which was filed herein reciting only that it was in consideration of the appeal from the judgment: Duncan v. Times-Mirror Co., 109 Cal. 602, 42 Pac. 147. The only *665ground urged by the appellants in support of the appeal from the jud...
Views: 0
This action was brought for the partition of a lot of land in the city and county of San Francisco. Plaintiff prays that she be decreed to be the owner of the undivided three-fourths of said property, and each of the defendants James H. Cameron and George T. Cameron to be the owner of an undivided one-eighth thereof; that certain conveyances to and by one A. Steinberger be disregarded and held for...
Views: 0
Upon the former appeal in this case (Woodside v. Hewel, 109 Cal. 481, 42 Pac. 152) the judgment and order denying a new trial were reversed upon the ground that the evidence failed to justify the findings of the court. Upon the next trial, the superior court, at the close of the plaintiffs’ case, granted the motion of the defendant for a nonsuit, and entered a judgment dismissing the complaint. Pr...
Views: 0
Action for damages alleged to have resulted from a collision on defendant’s railroad at the station of Orange. The cause was tried by a jury, and defendant had the verdict. Plaintiff appeals from the order denying motion for a new trial, and on a statement of the case. The complaint alleges that, while plaintiff was a passenger on the car of defendant, a collision occurred at said station, ‘ ‘ cau...
Views: 0
Rehearing denied....
Views: 0
Action to foreclose a vendor’s lien upon certain mining claims in Siskiyou county. Plaintiffs were the owners and conveyed the property to H. H. Hunter, one of the defendants, for the consideration of $2,000, of which $500 were paid in cash, and two promissory notes given for the balance. The notes falling due, plaintiffs commenced this action, and made certain holders of laborers’ liens, among th...
Views: 1
In this proceeding the order of the superior court amending the original decree in the case of O’Brien v. O’Brien is conclusive upon me, and the decree as amended shows that the question of alimony was reserved. This being so, the subsequent order or supplemental decree awarding alimony is not void, and the court did not exceed its jurisdiction in imprisoning the petitioner for his refusal to pay ...
Views: 1
This action was brought to recover from defendants an alleged indebtedness of $2,093.75 for a carload of twenty-five thousand pounds of sweet pickle hams, sold by plaintiff to defendant on March 5,1890, and delivered to them at Sioux City, Iowa, on April 26, 1890. The defendants, by their answer, denied that the hams were delivered to them in *887accordance with the contract of sale, and denied th...
Views: 2
In this cause judgment final for defendant was rendered on demurrer to an amended complaint. To support the judgment on appeal respondent relies on the plea of the statute of limitations (Code Civ. Proc., sec. 337) contained in the demurrer. March 30, 1896, plaintiff filed his original complaint, alleging that on April 1, 1891, defendant executed his promissory note in plaintiff’s favor for the su...
Views: 1
Action by W. J. Carlisle to recover from the county of Tulare $518.35 as fees in criminal cases earned by plaintiff as city marshal of the city of Tulare. A demurrer was interposed to the complaint, which was overruled by the court, and defendant declining to answer, judgment went for plaintiff.' Defendant appeals. There are some six causes of action set out in the complaint. Waiving these separat...
Views: 0
This suit was brought by the plaintiff to enjoin the water company, a corporation engaged in supplying the city of San Diego and its inhabitants with water for domestic and other purposes, from shutting off and refusing to supply the plaintiff with water. Plaintiff had judgment, and the defendant appeals therefrom. The cause was tried upon an agreed statement of facts, which is set out in a bill o...
Views: 2
This is an action to quiet the plaintiff’s title to a quartz-mining claim, which is described by metes and bounds, and as being fifteen hundred feet long and six hundred feet wide, and called the “Starlight Quartz Mine.” The complaint is in the usual form, averring that the plaintiff is the owner and in possession of the said mine, and that the defendant claims some right, interest and estate ther...
Views: 0
Action upon a verbal contract to cut and deliver sawlogs at the sawmill of defendant, on the East Fork of the North Fork of the North Yuba river, county of Sierra. The cause was tried by the court without the intervention of a jury. Written findings were filed, upon which judgment was entered in favor of plaintiff for $560 and costs. Defendant appeals from the judgment and from an order denying hi...
Views: 0
The plaintiff, as administratrix of the estate of John M. Little, deceased, brought this action to have a deed of three pueblo lots in the city of San Diego, executed by the decedent to the defendant St. Joseph’s Hospital and Sanitarium, on February 5, 1895, canceled and set aside, upon the ground that at the time of its execution the grantor was sick and infirm, and mentally incompetent to attend...
Views: 0
This action is brought to foreclose a mechanic’s lien taken by plaintiff upon a building of the defendant the Masonic Building Association, to secure a balance of $756 due on account of material furnished and labor performed upon a building described as the “New Masonic Building,” situate in Redding, county of Shasta, state of California. The other defendants, viz., Confer and Hanks, who were the ...
Views: 0
This is an application for a writ of review, asking the court to annul an order made by the superior court of Placer county in the month of May, 1896, appointing one Mitchell administrator of the estate of Joseph Byrn, *570deceased. It is claimed that such order was beyond the jurisdiction of the court. Petitioner, Maggie Barrett, was the administratrix of the estate of said deceased. Upon the fif...
Views: 1
Appeal from an order settling an account of appellant as assignee of said insolvent debtor. The principal question arises out of the sale of certain property of the insolvent by the assignee, the proceeds of which are embraced in said account, and to which account the Madera Flume and Trading Company, a creditor, filed exceptions. Said property was sold at public auction, after due notice, on the ...
Views: 0
Plaintiff claims that certain deeds of land, absolute in form, by him executed to one Charles McLaughlin, whose interest defendants have acquired by devise, were intended by the parties thereto to operate virtually as a mortgage; and he prosecutes this action to obtain an accounting of the rents and profits of the land, and to redeem the same from the effect of the deeds, or compel a reconveyance ...
Views: 1
This is certiorari to review the judgment of the superior court of Fresno county adjudging the petitioner guilty of contempt of court. The affidavit upon which the petitioner was cited was as follows: “ [Title, Court, and Cause.] “State of California, County of Fresno—ss.: [Affidavit of Graham.] “Geo. B. Graham, being duly sworn, deposes and says: That he is now, and at all times since the commenc...
Views: 1
This is a proceeding in mandate, commenced in the superior court, against the board of dental examiners of the state, and the individuals composing said board, to compel the issuance to petitioner of a certificate entitling him to practice dentistry, under the act of the legislature entitled “An act to insure the better education of practitioners of dental surgery, and to regulate the practice of ...
Views: 2
The plaintiffs brought this action to foreclose a mortgage, given to secure payment of two promis*646sory notes of which they were the assignees. They obtained a judgment and decree of foreclosure as prayed for, from which, and from an order denying their motion for a new trial, the defendants Weed, the McCarthys and the McCarthy Company, a corporation, appeal. It appears from the record that prio...
Views: 0
This is an action brought to enjoin the defendants from selling or disposing of certain bonds issued, but not yet sold, by the city of San Luis Obispo (one of the defendants), and to restrain defendants from levying the taxes mentioned in the complaint, and from enforcing a certain ordinance of the said city. The cause was tried by the court, and judgment given for the defendants. The appeal is fr...
Views: 1
These appeals are from the judgment, and from the order denying plaintiff a new trial. Defendant Firth was the treasurer of the corporation plaintiff. The defendants Fretwell and Kerr are his bondsmen. Plaintiff sued to recover the sum of $600, alleged to have been misappropriated. The facts disclosed upon the trial were as follows: The moneys of the plaintiff corporation were deposited in a bank,...
Views: 0
This is an action brought. by the administrator of E. L. Cook, deceased, to recover personal property alleged to be the property of the estate, and which, if is charged, is wrongfully withheld by defendant. The answer denies that the property belongs to the estate, or that it belonged to the deceased at the time of her death, or that plaintiff is entitled to the possession thereof. Prom the eviden...
Views: 0
The property involved in this case is situated in Lassen county, and described as that certain storage reservoir known as “Ball’s Canyon Reservoir,” or *708“Ward’s Lake,” located upon certain described sections of land, and a canal leading from said reservoir in an easterly direction to or near the town of Amedee, and known as the “Eagle Lake Company Canal.” The action was commenced April 3, 1895,...
Views: 0
This action is upon a promissory note alleged to have been made and delivered by the defendant' to the plaintiff on August 8, 1890, for the sum of $3,000, payable one year after date, with interest at seven per cent. The answer denies that defendant made, signed or delivered said note. The pleadings are verified. A jury trial was had, and resulted in a verdict for- the plaintiff, upon which judgme...
Views: 8
We regard this action as without any foundation in merit in its inception and as manifestly vexatious and oppressive, and the appeal which is here prosecuted as frivolous. The action was to foreclose a chattel mortgage given to secure eight several promissory notes, amounting in the aggregate to $675, made by defendant to plaintiff, falling due at different' dates; and was prosecuted upon the theo...
Views: 2
The court below made an order on April 24, 1896, authorizing and directing the executrix of the last will and testament of Thomas J. Brannan, deceased, to sell at public auction a certain described lot of land in the city of San Francisco, belonging to the estate of the deceased, for *883the purpose of paying the debts and legacies of said deceased. From that order this appeal is prosecuted by the...
Views: 0
Plaintiff, being the owner of certain lots in the city of Fresno, entered into a contract of sale thereof with defendant Mary Husted, on March 6, 1891, for the consideration of $2,000; payments to be $40 upon signing the contracts, and $40 monthly until fully paid. It nowhere appears in the transcript whether these or any payments were made, nor whether said Husted was in default in the payments. ...
Views: 0
This is an appeal from the judgment rendered upon the verdict of a jury finding defendant guilty of assault with intent to commit murder. In January, 1895, the appellant, Bennett, was placed on trial before the superior court of Alameda county under an information charging him with an assault with intent to commit murder. The jury found the defendant guilty of the lesser offense of assault with a ...
Views: 1
In this cause Justice Harrison is disqualified ; and of the other members of the court Justices Garoutte, Van Fleet and McFarland are of the opinion that the judgment should be affirmed, and the Chief Justice and Justices Temple and Henshaw are of the opinion that the judgment should be reversed. The cause has been pending a long time, and repeated consultations have demonstrated that the said dif...
Views: 1

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

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

ⓘ Information Facts

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