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 1900

Opinions in cal-lexis Volume 1900

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 166 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 167 On December 29, 1904, a number of prisoners, including the defendant, incarcerated in the state prison at Fols...
Views: 14
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 335 Edward White, a petitioner for letters of administration of the estate of James McNeil, deceased, *Page 336 appeals from an order granting letters of administration to Frank McLaughlin, and also from an order denying his motion for a new trial. We shall ...
Views: 13
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 3 The following opinion (prepared by McFarland, J.) was rendered by Department Two in the above-entitled cause. It is now adopted as the decision of the court in Bank: "This is an appeal by Edwin Wallace Carpenter and William Boericke from an order of partial...
Views: 19
Mandamus to compel the respondent, as judge of the superior court of San Joaquin county, to’ render a decision and final judgment in an action of 'ejectment tried in his court, wherein the petitioners were plaintiffs and Thomas R. Smith defendant. In his answer in the action of ejectment, the defendant therein, Thomas R. Smith, sets forth that on the twenty-seventh day of February, 1899, in a c...
Views: 3
Action upon a fire insurance policy. A demurrer to the complaint having been overruled, defendant answered; and thereupon, on motion of plaintiff, judgment was rendered for him on the pleadings. Defendant, the insurance company, appealed from the judgment. The defendant W.R. Porter made default, and does not appeal. It appears from the pleadings that the policy in question was issued to said Porte...
Views: 11
Plaintiff, a conductor on one of defendant's street-cars, brought this action to recover damages for personal injuries received while in the employment of defendant. He based his cause of action upon the ground that the car furnished him was defective. Judgment went against him upon motion for nonsuit, and he appeals. Does the evidence justify the nonsuit? This interrogatory involves the questions...
Views: 3
Petitioner was convicted of the offense of gambling, which is prohibited by an ordinance of the city of .Vallejo. The first point made by petitioner is that the ordinance is void, because in conflict with section 330 of the Penal Code, which prohibits and declares to be misdemeanors certain specified games of chance and all banking and percentage games. *30 The ordinance mentioned no particul...
Views: 8
This action is one of malicious prosecution. Defendant appeals from the judgment. It is first insisted that the motion for a nonsuit should have been granted. Whatever may have been the status of the evidence at the time the motion was made, it is not necessary to decide, for the court is clear that, taking all the evidence together, it is sufficient to support the verdict and judgment. It is a we...
Views: 7
Action against a sheriff for conversion of personal property by levy and sale under execution. Plaintiff claims to be the owner of the property. The facts are these: Cunningham was the owner of the Ynigo ranch. He entered into a cropping contract with one Cropley, whereby he was to have a certain share of the grain and hay raised upon a portion of the ranch. Execution was levied upon the interest ...
Views: 2
Plaintiff claimed to be the owner of a certain piece of land upon which was situated a house. Defendant Mrs. Sarah Foulke was in the possession of the property, also claiming title thereto. She sold a portion of the house to defendant Good, it being at that time a part of the real estate. The house was severed from the land and removed to other premises. Whereupon plaintiff brings this action in r...
Views: 2
Plaintiff brought an action in the superior court to recover from defendant 'Silva the sum of three hundred and Seventy-three dollars upon an account, and a writ of attachment was issued therein, and thereafter judgment by default was rendered against Silva. The other defendants were fictitious persons. John O’Connor and. Halcón Johnson each in due time served upon the plaintiff and the sheriff h...
Views: 1
This is an appeal from an order denying a new trial. For a reversal of the order the appellant urges, first, irregularity in the proceedings of the court in this, that the judge of the court, while the jury were deliberating as to their verdict, sent to them by the sheriff the verdict in favor of plaintiff, fully prepared except the signature of the foreman, which was finally returned by them as t...
Views: 1
Action to recover damages for personal injuries. After the plaintiff introduced his evidence, a nonsuit was granted and judgment accordingly entered. This appeal is from the judgment and from an order denying the defendant's motion for a new trial. The evidence shows the facts to be substantially as follows: The defendant was the owner of a stone quarry in the city and county of San Francisco, in ...
Views: 3
Angelia R. Scott died December 16, 1897, leaving a last will and testament with two codicils *Page 61 thereto, which were filed for probate December 22d. Her husband filed a contest against their probate, and the issues made by this contest were tried by the court without a jury. Findings were made against the allegations of the contestant and in favor of the proponents of the will, and an order ...
Views: 7
This action is based upon a policy of reinsurance. Plaintiff, having issued a policy of insurance for one year upon certain personal property, made application to defendant for reinsurance. This application asked defendant to issue it a policy of reinsurance covering the period from June 19, 1894, to June 19, 1895, and the application was granted and the policy issued. The property was destroyed b...
Views: 0
The defendants have appealed from an order denying their motion to set aside and vacate the judgment and order denying a new trial and to perpetually stay execution on said judgment. The respondent urges that the points made in support of their appeal cannot be considered, for the reason that they have failed to bring to this court a record of the matters upon which the action of the superior cour...
Views: 3
Appeal by plaintiff from the judgment, and an order denying his motion for a new trial. The action was brought to recover a balance of twelve hundred dollars alleged to be due upon a contract made by defendant with one Schuller, plaintiff's assignor, whereby defendant agreed to pay said Schuller fifteen hundred dollars as commissions for negotiating a loan. The case was tried before the court with...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 85 Defendant has been convicted of the crime of murder, and the death penalty affixed. He killed his father, who was in bed at the time, and at the trial rested his case upon the claim that the act was done in self-defense. Upon November 24, 1897, defendant w...
Views: 27
Action for malicious prosecution. The court made an order granting defendants' motion for non-suit and entered judgment accordingly, from which, and from an order denying his motion for a new trial, plaintiff appeals. The original suit, which is complained of as having been maliciously instituted, was a civil action for the recovery of money alleged to have been appropriated by McKenna while in th...
Views: 11
Prior to December 17, 1896, the defendant, Menke, executed a note and mortgage to the assignor of *Page 105 plaintiff upon the wines, machinery, tanks and other personal property of a winery owned by said Menke, in Santa Clara county, and plaintiff was on said day the owner of the said note and mortgage. The defendant, Menke, being on the said day indebted to respondents, Tuck and Johns, for grap...
Views: 6
This is an action to recover the purchase price of grapes sold to defendant. The appeal is from the judgment and from an order refusing a new trial. Among the points made by appellant he contends that the complaint does not state a cause of action. The complaint contains a copy of the written contract of sale and also an averment of its tenor and effect. As to payment it states: “Payment to be ...
Views: 0
Action to foreclose a lien for street work in the city of San Rafael. Plaintiff had judgment, from which this appeal is taken on the judgment-roll alone. The resolution of intention described the work to be done as follows: "That First street, from the westerly line of B street westerly to the easterly line of D street, . . . . be graded to the official grade and macadamized, and that rock gutterw...
Views: 8
This is an appeal from a judgment following an order sustaining a demurrer to the complaint without leave to amend. The action is against the defendant Lamb. *Page 124 Smith was made a defendant because he was out of the United States, and his consent to become a plaintiff could not be obtained. The substance of the complaint, necessary to be stated, is as follows: That in the year 1896, in the c...
Views: 4
This appeal involves a contract of fire insurance, and the first question to be considered arises upon the sufficiency of the complaint. It appears thereby that the fire occurred June 8, 1896, and that proof of loss was made October 19th thereafter. The contract of insurance was attached to the complaint as an exhibit, and in that exhibit we find the following provisions: "And within sixty days af...
Views: 9
Motion to dismiss the appeal. Judgment was rendered in favor of the plaintiffs December 27, 1898, and was entered of record January 10, 1899. July 8, 1899, the defendants and intervenor filed and served a notice of appeal from the judgment. They also served and filed a notice of their intention to move for a new trial January 6, 1899; and within due time thereafter prepared and served upon the app...
Views: 5
Plaintiff sought to recover damages for an injury occasioned to her because of the defective condition of the sidewalk in front of defendants' property. She stepped upon a decayed and rotten plank, which gave way, and she was injured by the fall. In the complaint it is alleged that the "planking was in such a rotten condition solely by reason *Page 143 of the gross carelessness and negligence of ...
Views: 9
The action was to recover upon a bond given to support a builder's contract, as contemplated by section 1203 of the Code of Civil Procedure. The facts disclosed were that the owners had entered into a written contract with the contractor for the building of a dwelling-house in the town of Palo Alto, for the contract price of two thousand and thirty dollars. The owner desired to borrow fifteen hund...
Views: 1
The above-named insolvent made his application to the superior court for a discharge, to which the appellant filed an opposition. A hearing thereon was had, and the court made an order granting the discharge, from which the present appeal has been taken. The grounds relied upon by the appellant are that under section 54 of the Insolvent Act (Stats. 1895, p. 149) the court had no jurisdiction to h...
Views: 0
Ejectment. May 4, 1866, Theodore Wheadon resided with his family upon the land described in the complaint, and filed a declaratory statement with the land department of the United States for its pre-emption. January 26, 1869, he filed with the county recorder a declaration of homestead upon the land, which in form complied with the laws of this state. March 14, 1871, he died, leaving as his heirs ...
Views: 9
A judgment of divorce was entered in the superior court in favor of the plaintiff and against the defendant June 25, 1897. No judgment was rendered for costs, nor is any question of property involved in the action. An order denying the defendant's motion for a new trial was made and entered November 9, 1897. January 4, 1898, the defendant appealed from this judgment and order. The appeal from the ...
Views: 11
This is an appeal by plaintiff from a judgment in favor of defendant, and comes here on the judgment-roll and a bill of exceptions. It appears from the evidence offered by plaintiff that on the twenty-eighth day of December, 1895, plaintiff and defendant entered into a parol agreement, by the terms of which plaintiff agreed to let to defendant certain premises on Front street, in the city and coun...
Views: 3
Action in equity to restrain the enforcement of and to vacate a judgment rendered against plaintiff as garnishee, by a justice's court of Fresno county, in an action therein brought by defendants against one Jaureguiberry. This latter action was brought upon a promissory note for two hundred and fifteen dollars, February 8, 1894, and a writ of attachment was sued out in aid thereof directed to the...
Views: 1
This is an action of claim and delivery. The Lundy Furniture Company, under a written contract hereinafter to be considered, delivered certain goods to Johanna White. The defendants Charles Levy and Henry Meyer claimed as purchasers from Johanna White. John Roberts, the intervenor, claimed as assignee of a mortgage made by Johanna White to the defendants, Bier Regensburger. The intervenor sought ...
Views: 4
The plaintiff recovered judgment against the defendant for personal injuries alleged to have been sustained by reason of the negligence of the defendant. At the close of the testimony on behalf of the plaintiff, the defendant moved for a nonsuit upon the grounds that the plaintiff had shown no evidence, of negligence on the part of the defendant, and that it appeared from the evidence that the pla...
Views: 6
The respondent's motion to dismiss the appeal from the judgment upon the ground that it was not taken within the time allowed by law must be granted. The judgment appealed from was entered October 22, 1898, and the notice of appeal was not given until June 28, 1899. The respondent has also moved to dismiss the appeal from the order denying a new trial, upon the grounds that no notice of the intent...
Views: 2
Action to quiet title; the complaint is in the usual form. The defendant Clark disclaims any interest, but alleges that on the 27th of August, 1887, the plaintiff then being the owner, for a valuable consideration, conveyed to him, Clark, the premises in controversy; and that on the twenty-first day of April, 1897, he, Clark, conveyed the same to the other defendants, Carter and Mathewson. In thei...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 189 This appeal is from an order refusing a new trial. The action is for damages for personal injuries, and plaintiff recovered a verdict for two thousand dollars. The first point made relates to the sufficiency of the complaint, which was not demurred to. Pl...
Views: 2
Action for the value of certain nursery trees sold and delivered to plaintiff's assignors. Defendants answered by general denial and also set up specially, by separate answer, certain facts alleging the failure of plaintiff's assignors to comply with the terms of the contract under which the trees were delivered. The pleadings were not verified. The trial was by a jury and plaintiff had the verdic...
Views: 2
The appeal is from the judgment and from the order denying a new trial. Defendant Hart, on February 24, 1892, executed to plaintiff Goad a written contract, wherein, for value received and for services rendered by the said Goad, the defendant assigned to him ten thousand dollars of his fee in the Blythe estate contest, "the ten thousand dollars to be paid out of the first moneys collected on my fe...
Views: 3
Plaintiff recovered judgment in the court below, and this appeal is by defendant from the judgment and from an order denying his motion for a new trial. The complaint alleges that on the twenty-sixth day of December, 1893, the plaintiff was the owner of two hundred shares of the capital stock of the "Tahoe Ice Company," a corporation, and that on said date he borrowed eight hundred and twenty-five...
Views: 5
Appeal from an order denying plaintiff a new trial. The action was brought by a subcontractor for the foreclosure of a mechanic's lien. Defendant Pissis was the owner of the building, and the defendants Gardner and Boyden were the contractors. In addition to the denials of the answer it is alleged therein as an affirmative defense "that subsequent to the completion of the building referred to in p...
Views: 2
The matter is before us on an agreed statement of facts which respondent concedes are correctly *Page 217 summarized in appellant's brief, as follows: "In the year 1892 Clara Henning, the widowed mother of these minors, died testate in the city and county of San Francisco. By her last will, which was duly admitted to probate, she appointed George C. Shreve, of San Francisco, and David A. Henning,...
Views: 0
The facts of this case are substantially as follows: On November 30, 1896, the plaintiff made a written lease to defendant Thorp of certain real estate in Los Angeles county for the term of one year from the date thereof, for the rental of eight hundred and fifty dollars, one-half to be paid on or before the first day of August, and the remainder on or before the thirtieth day of October, 1897. Th...
Views: 6
Judgment in the above action was entered against the defendant April 6, 1897, and on August 9, 1897, the court made an order vacating the judgment as to the respondent herein. An appeal from this order was dismissed April 9, 1898. Thereafter the plaintiff made a motion before the superior court to set aside the default of the defendant Dollie E. Alford, and to fix a time for her to plead. Her moti...
Views: 6
This action was brought to abate and enjoin a nuisance alleged to be caused by the construction and maintenance by defendants of a bulkhead, embankment, and ditch, whereby surface waters were conducted and thrown upon the streets of the town of Cloverdale. Defendants had judgment, from which and from an order denying a new trial plaintiff appeals. It appears that the waters in controversy are surf...
Views: 2
Action upon a street assessment. 1. The defendants demurred to the complaint, and, it having been overruled, at the trial of the cause objected to the introduction of any evidence, upon the ground that no cause of action was stated in the complaint. The complaint alleges that the board of supervisors passed a resolution of intention, "that Mission street from Silver avenue to Huron street be grade...
Views: 3
Motion to dismiss the appeal. After the will of the above-named decedent had been admitted to probate, certain of his heirs filed a petition for the revocation of its probate. This petition was answered on behalf of three executors by their attorneys, Platt Bayne and H.A. Powell – one executor not appearing to the citation therein; and by the devisees and legatees under the will by their attorney,...
Views: 7
This is mandamus on the part of the plaintiff to compel the defendant, county auditor of Santa Cruz county, to issue and deliver to him a warrant for the sum of one hundred and twenty-five dollars, the amount claimed as his salary as assistant district attorney of that county for the month of January, 1897. The court below gave judgment for the defendant, and discharged the alternative writ. The p...
Views: 2
Application for a writ of prohibition. An action to recover a specific sum of money was commenced against the petitioner in the superior court of the county of Modoc by one Healey, September 5, 1896, by filing a complaint on that day. Summons was issued upon the complaint September 4, 1897, and with a copy of the complaint was served upon the defendant (the petitioner herein) August 7, 1899. Septe...
Views: 6
This action is brought by the attorney general in the name of the people of the state, under section 803 *Page 259 of the Code of Civil Procedure, for the purpose of having it adjudged that the defendants usurp and unlawfully exercise the franchise of a corporation, and to enjoin them from so doing. The court below filed findings and ordered judgment for defendants. This appeal is from the judgme...
Views: 1
The plaintiff brought suit against the defendant for the sum of three thousand nine hundred and twenty-four dollars and ninety-six cents, the amount of Kentucky whiskies sold and delivered to the defendant in San Francisco. The court below awarded judgment for the plaintiff in the sum of six hundred and seventy-four dollars and ninety-six cents only, and from that judgment and from the order deny...
Views: 0
In an action brought by the plaintiffs to have their title to certain mining property quieted as against defendant McWhirter, judgment was rendered in favor of Mc-Whirter, declaring him to be the owner and entitled to the possession of the ground, and forever enjoining the plaintiff from asserting any title thereto. This judgment was entered May 4, 1899, and on May 9th, McWhirter’s title to the g...
Views: 3
The will of Olive Jane Wickes was refused probate by the superior court of Alameda county on the ground that the testatrix, at the time of her death, did not reside in that county, and this appeal is from that order. The will was contested by the surviving husband of the testatrix on many grounds. He also contended that the testatrix, at the time of her death, resided in San Francisco. This last c...
Views: 6
This is an appeal by Delos Pratt from an order of the superior court denying his motion to modify, and also to vacate a certain award of arbitrators. The appellant Pratt and the respondent Connor, by an instrument in writing in due form and properly executed, submitted to three named arbitrators certain controversies pending between them concerning the amount due on a certain promissory note made ...
Views: 9
This is an election contest for the office of supervisor of San Benito county, under sections 1111 et seep *284 of the Code of Civil Procedure, and was commenced by Daniel Snibley, now deceased, who was an opposing candidate for the 'office to defendant, who received the certificate from the canvassers. The court found that there was a tie vote, “said Palmtag and said Snibley having received ...
Views: 9
Action to have the title to certain real property adjudged forfeited on the ground that a building condition in the deed had been broken. Plaintiff had judgment, from which and from an order denying his motion for a new trial defendant appeals. The findings set forth a series of facts leading up to the sale by plaintiff to defendant of certain four lots in Menlo Park tract, Los Angeles county, amo...
Views: 16
The complaint in this case alleges that G.W. Woodard, deceased, was during his lifetime, and that plaintiff, as executrix, was at the commencement of this action, the owner in fee and entitled to the possession of section 12, in township 10 north, range 2 east, Mt. Diablo base and meridian. That the defendant was at the time of the commencement of the action in possession thereof, claiming an inte...
Views: 8
The plaintiff seeks by this action to recover damages for the value of certain personal property alleged to have been converted by the defendant, together with damages for injuries done by the defendant to a building of the plaintiff. It is alleged in the complaint that at a certain date the plaintiff was the owner and in possession of certain real property upon which there was a warehouse, in whi...
Views: 1
This case is before us on a motion to dismiss the appeal. The appeal is from a judgment or order of the superior court sitting in probate, entered on the fourth day of March, 1899, denying the petition of appellants that the probate of the will of the deceased be revoked. The motion to dismiss is based on several grounds, and, among others, that the order attempted to be appealed from is not appea...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 315 The plaintiff seeks by this action to recover the possession of a certain promissory note, of which she claims to have been deprived through the acts of the defendants, and states in her complaint the following facts as the grounds of her right of recover...
Views: 13
Claim and delivery. The case was here once before and is reported in 47 Pacific Reporter, at page 52. The facts and law of the case as it then stood appear fully there and need not be repeated. One of the points upon which the judgment was reversed was that the evidence failed to show an immediate delivery and actual and continued change of possession by defendant in the sale and purchase under wh...
Views: 7
Suit upon a promissory note, a copy of which was set out in the complaint, and the complaint verified. The defendant filed an unverified answer, as follows: "The defendant answers the complaint herein, and denies generally and specifically each and every allegation in said complaint contained." The plaintiff moved for judgment on the pleadings, her motion was granted, and from the judgment entered...
Views: 2
Action to foreclose a materialman's lien. Findings and judgment were for the defendants, and the plaintiff appeals from the judgment upon the judgment-roll without any bill of exceptions. Among other things the court found: "That said material was purchased by said Chandler (the contractor) to be used, and was actually used, in the construction of said structure upon said lot of land, for said H.L...
Views: 3
The defendant, a Chinese, was accused in this case of the crime of forgery, committed by uttering, etc., with fraudulent intent, a paper writing which purported to be a check for a sum of money dated February 3, 1898, drawn on a certain bank of San Francisco, bearing the signature "J.P. Collin," payable to the order of defendant and by him indorsed, which check, it is charged, was fictitious – no ...
Views: 1
From the confused collection of papers which, regularly and irregularly, have been filed in support of the appeal in this cause, it -seems that a demurrer interposed Ijy defendant to the plaintiff’s second amended complaint was sustained in the court below on October 14, 1895, and judgment final for the defendant was thereupon entered; plaintiff afterward moved for a new trial, and his motion was...
Views: 6
In its different branches and varying phases this litigation repeatedly has been before this court. Reference may be had toReay v. Butler, 69 Cal. 572; 95 Cal. 206; 99 Cal. 478; 118 Cal. 113. The facts essential to this consideration are the following: In 1866 J.W. Reay, plaintiff's assignor, commenced an action in ejectment against Butler and Owens to recover possession of a tract of land. J.P. T...
Views: 10
This is a motion to dismiss an appeal taken by certain interested parties from the order of court vacating the decree of final distribution theretofore granted in the matter of the estate of Lawrence Murphy, deceased, upon the ground that the order of vacation is not an appealable order. That such an order is not an appealable order was decided by this court in Estate of Calahan, 60 Cal. 232. That...
Views: 1
Action for personal injury. Trial by a jury and verdict for defendant. The court subsequently, on its own motion, made an order setting aside the verdict and granting a new trial, from which plaintiff appeals. The action was brought against Simona Bradbury individually and against her and two others as trustees under the will of L.L. Bradbury, deceased, the husband of Simona. At the trial a dismis...
Views: 3
In an action to foreclose a mortgage upon certain real property application was made and granted for the appointment of a receiver “to take charge of the fruit crop now standing and growing -upon the mortgaged premises described in the complaint herein.” The defendant mortgagor suffered default, but appealed to this court from the judgment of foreclosure given against her. She also moved the tria...
Views: 5
This is an action to foreclose the lien of a street assessment for work done in grading at the comer of Greenwich and Polk streets, in San Francisco. Plaintiff, by the production and introduction of the assessment, warrant, etc., made prima facie proof of his cause and of his right to recover, and rested. The defendant, Bussell, appearing in propria persona, was then sworn and gave testimony ...
Views: 1
The action was to foreclose the lien of a street assessment, and the appeal is from the order of the court denying defendant a new trial. Appellant first contends in his attack upon the findings that the award was never approved by the mayor, and that the finding that it was approved by three-fourths of the city council is not *Page 351 supported. The street law provides (Stats. 1891, pp. 199, 20...
Views: 1
This is an application for a writ of mandate, directed to the judge of the above court, requiring him to settle and certify a bill of exceptions to be used on an appeal from an order made after judgment. The draft of the proposed bill was served in proper time, August 19, 1899. Some of the parties upon whom the proposed bill was served resided in San Francisco, where appellant's counsel has his of...
Views: 1
Action to foreclose an assessment for street improvements. A general demurrer to the complaint was overruled, and the defendants answered. The court found that all the allegations of the complaint are true, and that all the allegations of the answer, except the allegation that defendant Reed is the owner of the lot sought to be charged, are untrue, and entered judgment for the plaintiffs, from whi...
Views: 3
This action is brought to foreclose mechanics' liens for labor performed upon a mining claim. Defendant De Varila suffered default. Defendant Blankman appeared, and now appeals from the judgment and order denying his motion for a new trial. The material facts are briefly these: Blankman was the executor of the last will and testament of David Buck, deceased. As such executor, under an order of the...
Views: 0
This is a proceeding by one claiming to be a taxpayer and elector of the city of San Diego to contest an election held for the purpose of determining a proposition to incur a large indebtedness, and to issue bonds of the city to the amount of a million and a half of dollars for the construction or acquisition of waterworks. The action is one which could not be maintained by anyone except a taxp...
Views: 11
This is an original application for a writ of mandate to compel the defendant to levy the sum of forty thousand dollars taxes, for the purpose of maintaining the public schools of the city of San Diego for the fiscal year commencing after May 2, 1899. It appears that on the second day of May, 1899, the plaintiff adopted a resolution to the effect that the sum of forty thousand dollars was necessar...
Views: 6
Action to foreclose a street assessment lien. Defendant had judgment, from which and from an order denying its motion for a new trial plaintiff appeals. The principal question involved relates to the publication of the notice awarding the contract for street work. The court found as facts that the city council of the city of Oakland directed its clerk to publish the notice of the award in the "Oak...
Views: 1
This appeal is from an order of the superior court made in the above-entitled estate, setting apart a homestead to the respondent, who is the widow of the deceased. Her original petition for the homestead was filed September 13, 1895, and an amended petition, upon which the hearing was had, was filed January 17, 1896. The appellant is a creditor of the estate, and filed objections to the granting ...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 390 The above-named decedent borrowed from the Regents of the University of California February 28, 1889, forty-seven thousand dollars, and executed to that body his promissory note therefor and a mortgage upon certain real property to secure its payment. Aft...
Views: 3
Partition. The court adjudged that plaintiff and defendant Spencer were tenants in common of the land in question, and each the owner in fee of an undivided one-half interest therein. Defendant Spencer appeals from the judgment on the judgment-roll. On August 27, 1887, J.A. Cadwell and J.T. Haskins were copartners doing business in Sonoma county. Proceedings were taken by their creditors to have t...
Views: 3
Action to quiet title, and complaint in the usual form. Defendant W. George Wheaton, answering denies plaintiff's title, and alleges that the deed on which the plaintiff relies, made by himself and daughter, defendant Ada Julia Wheaton, although absolute in form, was executed to the plaintiff by way of mortgage to secure an indebtedness; and, further, said defendant alleges that at the time of mak...
Views: 3
is an appeal by defendants from a judgment in favor of plaintiff decreeing the specific performance of a contract for the conveyance of certain land, and from an order denying a motion for a new trial. There are questions discussed in the briefs which do not arise on the record. There are only four specifications of error, and these are merely to the points that the evidence “fails to show” cer...
Views: 2
Action for the foreclosure of three mortgages – two on the same real estate, the other on personal property. Judgment was rendered, generally, for the aggregate of the sums due on the three mortgages, and for the sale of the mortgaged property, "or so much thereof as may be sufficient to raise the amount due to the plaintiffs, etc. The appeal is from the judgment and from an order denying a new tr...
Views: 1
Action of ejectment. Judgment went for plaintiff, and defendant appeals from the judgment upon the judgment-roll, which includes a bill of exceptions. The case was here once before (Haile v. Smith, 113 Cal. 656), but nothing was then decided that is controlling or important in the present appeal. It is averred in the complaint that on September 24, 1891, plaintiff was the owner and in possession o...
Views: 11
This appeal is from an order denying defendant's motion for a new trial, based upon alleged errors of law occurring upon the trial, and upon the further ground that the verdict of the jury was not justified by the evidence. After the jury was sworn counsel for plaintiff read the pleadings and moved the court to direct the defendant to first introduce evidence in support of his affirmative defense....
Views: 3
The petitioner was convicted of the violation of a penal ordinance in the city and county of San Francisco. He sued out this writ of habeas corpus, alleging that the ordinance under which he was convicted and sentenced is void. The ordinance in question is as follows: "Order No. 2992. "Providing regulations in the operation of street railroads and prohibiting the issuance o...
Views: 11
This is an appeal from the judgment in an action brought in the superior court of Tulare county by respondent to obtain a writ of mandate against the appellants, composing the board of education of said county, to compel them as such board to issue to respondent a teacher's certificate of the high school grade. The basis of her application is found in section 1775 of the Political Code of this sta...
Views: 4
The defendants appeal from a judgment directing them to deliver up a certain deed executed by plaintiff, to the defendant, Mrs. Mullen, the wife of the other defendant; that said deed be canceled, and that defendants reconvey to plaintiff the premises described therein. A demurrer to the complaint was overruled by the superior court, and, upon the issues presented by the answer of the defendants, ...
Views: 3
Action to quiet title. Defendant had judgment, from which and from the order denying plaintiff's motion for a new trial this appeal is prosecuted. Plaintiff claims that on May 12, 1890, he entered into possession of the mining claim known as the Empire Bar Mine, in Siskiyou County, under a deed conveying the property to him, and that he "continuously continued in the occupation and possession of s...
Views: 2
This is an application for a writ of habeas corpus, petitioner being confined in the county jail of Santa Barbara county under a commitment for "disturbing the peace," dated April 7, 1900, issued out of the justice's court of the second township of Santa Barbara county. The boundaries of said township are coterminous with the corporate limits of the city of Santa Barbara. It is contended upon the ...
Views: 4
This is an appeal of the defendants Bonebrake and Howes from a judgment in favor of plaintiffs for twenty-one thousand four hundred and fifty-eight dollars and ninety-seven cents and costs, and from an order denying defendants' motion for a new trial. The action was brought to recover on a written guaranty, in words and figures as follows: "Los Angeles, Cal., June 10, 1889. "To Henry Pierce, Emily...
Views: 4
This is an appeal of defendant Merrill from an order denying his motion for a new trial. Defendants Bonebrake and Howes appealed from the judgment as well as from an order denying a new trial, which appeal was determined in S.F. No. 1351, ante, p. 464. In the opinion therein a copy of the guaranty hereinafter referred to is set out. The action was commenced, as the complaint shows, on the thirty-f...
Views: 3
This is an action brought in the name of the people of the state by the attorney general, in the nature of quo warranto against the Linda Vista Irrigation District, a district organized in this state under an act of the legislature popularly known as the Wright irrigation act. Though litigation occasioned by the Wright act, amendments thereof, and acts supplemental thereto, as evidenced by a refer...
Views: 13
Defendant was convicted of the crime of libel, and prosecutes this appeal from the judgment and order denying a new trial. *Page 487 It appears from the evidence that during the year 1898 a number of scurrilous letters reflecting upon Dr. Martha Case, Dr. Winchester, and others of Santa Barbara were put in circulation in that town. The letters were all anonymous, and differed considerably both in...
Views: 10
Replevin. Defendant had judgment on motion for a nonsuit upon the opening statement of counsel for plaintiff. Plaintiff appeals from the judgment by bill of exceptions. The complaint sets forth the ordinary action of claim and delivery. Counsel for plaintiff in his opening statement stated to the court the nature of the suit; that the chattels, the subject of the action, were included in a chattel...
Views: 17
Action to abate a nuisance and for damages. Plaintiff obtained judgment, and from this judgment and an order denying his motion for a new trial defendant appeals. The plaintiff and defendant are neighbors and have for a long time lived in the same community. In the year 1893 the defendant erected on his own land a creamery for the purpose of manufacturing butter and cheese. This creamery *Page 495...
Views: 10
Plaintiff Laura Nippert and defendant Warneke are owners of adjoining lots in San Francisco; and the action is for damages to the lot of the plaintiff caused by excavations made on defendant's lot. The complaint contains three counts, of which the first and third are similar. In the first count the material allegation is, "that on or about the month of April, 1897, the defendant Christian Warneke,...
Views: 4
The plaintiff, an insurance corporation, instituted this action to compel the defendants to interplead concerning their respective claims to the money due on a policy of insurance issued by plaintiff on the life of one James M. Thompson, which policy was by its terms payable to the defendant Mary R.K. Thompson, surviving wife of the insured. Said James M. Thompson died November 1, 1892. The fund *...
Views: 1
Appeal from a judgment and from an order denying defendants' motion for a new trial. This is an action on a promissory note and to foreclose a mortgage given to secure the payment of the same. The original complaint was filed February 24, 1896. The note sued on was dated February 11, 1892, and was due sixty days after date. 1. The first point urged on appeal is directed to the action of the court ...
Views: 3
Judgment was entered in favor of plaintiff upon an agreed statement of facts, and defendant has appealed from the judgment. The statement, so far as material here, shows the following facts: On and prior to the thirteenth day of September, 1895, one J. H. Carpenter was the owner of about eight hundred and forty-five acres of swamp land, and on said day, upon proper petition to the board of superv...
Views: 3
The matter involved in this suit is the ownership of a mining claim. Judgment went for plaintiff, and defendant appeals from the judgment, bringing up the judgment-roll alone, without any bill of exceptions. Appellant's contention is that the findings do not justify the judgment, because they do not find, in detail, all the various facts and acts necessary to constitute a perfect location by respo...
Views: 1
The cause was once here before and is reported in Rauer v. Fay,110 Cal. 361. The action there was to enforce a mechanic's lien for certain street work done under a contract entered into between the plaintiff's assignor and defendant. The plaintiff had judgment, which was reversed. It was held that the contract was too uncertain and indefinite to entitle it to be admitted under the allegations of t...
Views: 1
Ida M. Gusha recovered a judgment in the justice's court of township No. 2 of the county of Placer, May 19, 1894, against the Columbia Gold and Silver Mining Company. March 21, 1895, she signed and acknowledged an assignment of this judgment to the plaintiff herein, which was received by him about a week thereafter. April 1, 1895, the amount of the judgment (three hundred and fifteen dollars and s...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 533 Action on an insurance policy. The defendant is a New York corporation. A nonsuit was granted in the court below, and judgment went for defendant, from which, and from an order denying a new trial, plaintiff appeals. The motion for a nonsuit was upon thes...
Views: 10
Action to foreclose a mortgage. After trial judgment was entered dismissing the action without prejudice, upon the ground that it was prematurely brought. This appeal is from the judgment and from an order denying plaintiff's motion for a new trial. On the twenty-third day of April, 1892, the defendant, Henry G. Fiske, executed and delivered to plaintiff his promissory note for eight thousand five...
Views: 2
Appeal from an order of distribution. James Williams died testate at the city and county of San Francisco, March 1, 1897, and his will was admitted to probate March 15, 1897, and letters testamentary were granted to appellant. Said will was made at San Francisco February 28, 1897, in which, after some special bequests, the testator's brothers, George Williams and William Frederick Williams, were m...
Views: 3
This is an ordinary action to foreclose a mortgage executed by defendants George W. Montieth and his wife to secure the payment of a promissory note made by the former to plaintiff. Judgment went for plaintiff, from which, and from an order denying a motion for a new trial, George W. Montieth appeals. *Page 557 There are only two points made by appellant which need be noticed: 1. That the court e...
Views: 3
Appeal from an order denying plaintiff's motion to set aside a judgment of dismissal. In the beginning of this case the plaintiff appeared by the attorneys whose names are signed to the complaint herein. Previous to the commencement of the action plaintiff entered into a written contract with said attorneys by which they were to have one-half of whatever might be recovered in the action as compens...
Views: 14
Plaintiff as assignee of "Greenberg Brothers," a corporation, brought this action to recover of defendant the value of certain assets and book accounts alleged to have been fraudulently transferred to defendant within one month prior to the filing of the petition in insolvency. The cause was tried by a jury and a verdict rendered in favor of plaintiff for one thousand and fifty-two dollars and eig...
Views: 2
After further consideration of this case we have come to the same conclusion arrived at in Department One, and adopt the opinion therein filed July 3, 1899, as the opinion of the court in Bank, as follows: 1. Upon the trial of this cause the court found that the plaintiff was entitled to judgment in his favor in the sum of $7,668.12, and that the same was a lien upon the lands described in the com...
Views: 4
Appellant filed his final account as special administrator in the above-entitled estate. One Rachel, a creditor, filed written objections thereto. Upon the hearing of the nineteenth day of May, 1898, the court struck out and disallowed the item of two hundred and sixty-two dollars claimed to have been paid for rent, reduced the attorney's fee from one *Page 579 hundred dollars to fifty dollars, a...
Views: 1
Appeal from an order modifying an injunction. Plaintiffs, doing business as copartners in Los Angeles, being the owners of a certain personal property consisting of various articles, including a soda fountain, used in outfitting a shop in which to sell confections, ice cream, soda, etc., leased the property to defendant by a written instrument *Page 582 dated August 31, 1898. On November 23, 1898...
Views: 4
This is an action brought by a contractor for the construction of a railway embankment, to recover the contract price for the alleged cubic contents of the embankment. The defendant had paid to the plaintiff what it claimed to be the whole amount earned, except about twenty dollars which it brought into court. The plaintiff had judgment for the balance claimed by him, and the defendant appeals. Th...
Views: 13
In this cause the court below held on demurrer to the plaintiff's complaint that the same failed to state facts sufficient to constitute a cause of action; plaintiff declining to amend, there was final judgment for defendant. The purpose of the action, as disclosed by the complaint, is to recover money paid by plaintiff under protest to the assessor of the city and county as taxes for the fiscal y...
Views: 6
James G. Fair at the time of his death was a resident of the city and county of San Francisco, in this state, and his estate is in course of administration in the superior court of said city and county. Section 3820 of the Political Code (amended, Stats. 1895, p. 335) provides for the collection of taxes on personal property by the assessor when, in his opinion, such taxes are not a lien upon real...
Views: 4
The assessor of the city and county of San Francisco filed a petition in the court below in the matter of the estate of Henry Pichoir, deceased, praying an order directing the executor of the will of said deceased to pay certain taxes for the fiscal year 1899-1900, which had been assessed by said assessor against the personal property of said estate. The executor answered, and for partial defense...
Views: 0
This action was brought to recover of defendant C.R. Mayhall and other defendants, who are sureties on his official bond as constable, the value of certain personal property described in the complaint, and which property is alleged to have been wrongfully taken from the possession of plaintiff by defendant, as constable, under a writ of execution against one S.W. Darville. After trial findings wer...
Views: 0
This is an appeal from an order vacating the default of defendants and setting aside a judgment against them through such default. It is claimed that the court abused its discretion, and that the facts were not such as to justify the court in making the order. The facts disclosed were such that the court might well have denied the motion. But we do not possess the discretion that is necessarily ve...
Views: 2
This appeal is from the judgment. It is claimed that the findings are contrary to the admissions of the pleadings, and that they do not support the judgment. The complaint alleges, in substance, that the defendant corporation is the owner of a canal known as the North Riverside and Jurupa canal, subject to the right of plaintiff to carry and receive waters from and through the same. That plaintiff...
Views: 9
Action upon notes and mortgage executed to plaintiff by William H. Churchill in his lifetime. Judgment went for plaintiff. There are two appeals from the judgment – one by defendant Mary F. Churchill, administratrix, and the other by Robert P. Churchill, as intervenor. It is not contended by either appellant that the mortgage was not a perfectly valid one for the amount of money which it purports ...
Views: 4
Action for breaches of contract, between plaintiff and defendant, of date June 17, 1897, by which, as alleged, "said defendant agreed to receive from said plaintiff at the town of Colusa . . . . certain fruit, to wit, prunes, and to dry, cure, pack, carefully handle, and market the same in the most approved manner, for the account of the said plaintiff, for the compensation in said contract *Page ...
Views: 0
The defendants are stockholders in the “S. S. Construction Company,” a corporation, and the plaintiff is the holder of a promissory note executed hy the corporation to-one Foerster for money received hy it from him while the defendants were such stockholders, and seeks by this action to-recover from them their = proportion of the indebtedness for which the note was given. Judgment was rendered ...
Views: 0
Action on bill of exchange. May 29, 1895, defendant, in the firm name of J. J. Moore & Co., drew a bill of exchange on the 'City of Melbourne Bank, Limited, at London, England, in favor of plaintiff at San Francisco, and delivered it to the latter bank, receiving therefor its value. The draft was accepted by the drawee in due course, but when presented for payment, at maturity, it wa...
Views: 1
Petition for involuntary insolvency of respondent. The grounds alleged are sale of property by respondent, being insolvent, with intent to delay, defraud, and hinder his creditors, and a payment made in contemplation of insolvency. (Insolvency Act of 1895, sec. 9.) Verdict and judgment for respondent. The appeal is from the judgment and order denying a new trial. The grounds are insufficiency of t...
Views: 1
At the close of plaintiff’s testimony the court on motion of defendants granted a nonsuit, and judgment was accordingly entered. This appeal is from the judgment. The plaintiff is the son of defendant Maria de Jesus Alvarado -de Sepulveda and of Juan Maria Sepulveda, her deceased husband, and is a hrother of the other defendants. The father of plaintiff, Juan Maria, died prior, to 1872, leaving...
Views: 1
Appeal from judgment and order denying new trial. The appellant urges two assignments of error: 1. That the court should have sustained the demurrer to the first cause of action set forth in the complaint; and 2. That the court failed to find on the plea of the statute of limitations. The complaint contains what purports to be three causes of action: 1. A balance due upon a stated account of May 2...
Views: 4
Appeal from judgment on judgment-roll without a bill of exceptions. The plaintiffs furnished material in the construction of a building, and, three hundred and fifty dollars and fifteen cents of the contract price thereof remaining unpaid, they brought this action on the contractor's bond given in pursuance of section 1203 of the Code of Civil Procedure, and obtained judgment for that sum. Appella...
Views: 2
This case is before us on a motion to dismiss the appeal on the ground that "appellant has failed to file herein the undertaking on appeal according to law.” The facts are these: An instrument in writing, the body of which is in the proper form of an undertaking on appeal in the case, was filed in due time. Upon this instrument there is a written statement and affidavit signed by Hu Jones and, Lo...
Views: 1
Action to quiet title to a certain piece of land. A general demurrer to the complaint was sustained, and judgment rendered for defendants. Plaintiffs appeal from the judgment. Appellants claim title as devisees under the will of J.W. Hardwick, deceased, who died on December 16, 1878, seised of the land in question as his separate property. He left a widow, Amelia A. Hardwick, and no minor child. O...
Views: 0
This action is for the wrongful conversion of goods which plaintiff alleges composed the stock of plaintiff in a merchant tailoring 'business. The complaint contains two counts or causes of action. The first is the usual complaint for conversion. In the second it is averred, in substance, that in May, 1896, plaintiff was carrying *676 on the business of a merchant tailor in order that her fam...
Views: 1
This is an appeal from a judgment in favor of defendants and from an order denying the plaintiff's motion for a new trial. The action was brought to recover twenty-eight thousand four hundred and forty-five dollars taxes paid by plaintiff under protest and claimed to have been illegally assessed. Theresa Fair died testate in September, 1891, being at said time a resident of the city and county of ...
Views: 3
Defendant was convicted of the crime of grand larceny. He appeals from the judgment of conviction and from the order denying his motion for a new trial. When the case was called for trial, the complaining witness failing to appear, the district attorney was permitted to read in evidence, against defendant’s objection, the' deposition of said witness given on the preliminary examination of defen...
Views: 10
The purpose of this action was to recover from defendant certain land in the city and county of San Francisco. Plaintiff claims as an heir at law of Thomas H. Blythe, deceased. Without setting forth in detail the matters charged, it will be sufficient to say that the complaint pleads the proceedings and the judgments of the superior and supreme courts of this state, under which it was decreed that...
Views: 5
The plaintiff brings this action under section 377 of the Code of Civil Procedure of this state, as administrator of the estate of Frank Grundel, deceased, to recover damages on account of the death of the latter, occasioned by the wrongful acts of the defendants. Eighteen defendants were named in the complaint, five of whom are fictitious, and no person appeared or answered in their name. The cor...
Views: 7
Appellant is the residuary legatee under the will of her late husband, Solomon Heydenfeldt, deceased. On October 23, 1893, the final account of the respondents having been settled, a decree of distribution was entered, *Page 445 which, after directing the executors to pay to certain persons named in the decree certain specified sums, directed them to pay the remainder of the money in their hands,...
Views: 1
The transcript shows two appeals – one by Carrie McDermott, who was at one time the special administratrix *Page 451 of the estate of William McDermott, deceased, and the other by the Fidelity and Deposit Company of Maryland, a corporation, claiming to have been surety on a bond of said Carrie as such special administratrix; and the case is now before the court on a motion to dismiss said appeals...
Views: 3
Appeal from order dissolving attachment. The complaint shows the defendant to be a corporation organized under the laws of the United States as a national bank. After the filing of the complaint and an affidavit on behalf of the plaintiff, a writ of attachment was issued and placed in the hands of the sheriff. Defendant made a motion, upon proper notice, for an order dissolving the attachment, upo...
Views: 1
The executors filed a petition for an order directing the sale of certain real property of the estate in order to redeem from sale under a decree of foreclosure certain property that had been sold for indebtedness of the testator, and in order to pay charges and expenses of administration, to pay taxes on the property of the estate, etc. Written objections to the petition were filed by Elizabeth A...
Views: 5
The plaintiff, H. Clifford More, as administrator of the estate of Lawrence W. More, deceased, brought this action against John F. More, administrator of the estate of Alexander P. More, deceased, to establish his claim of thirteen thousand six hundred and seventy dollars and fourteen cents against the estate of said Alexander P. More, deceased, under section 1498 of the Code of Civil Procedure. O...
Views: 1
This action is brought jointly against the two companies defendants upon a fire insurance policy issued by defendant, the American Insurance Company, September 6, 1893. The plaintiff is mortgagee of the land upon which the building insured was situated. Judgment went in his favor in the court below, and the appeal is taken from the judgment and an order denying a new trial. At the date of the issu...
Views: 2
This action was brought to foreclose a mortgage given by the decedent in her lifetime and by the other defendants. The important facts are these: Allen Wood, who was then the husband of the intestate Mary Wood, in 1888 gave to plaintiff, to secure an indebtedness due from himself to plaintiff, his promissory note and what purported to be a mortgage upon land in which he had no estate, title, or in...
Views: 6
This is an action on a fire insurance policy. The defendant had judgment, and the plaintiff appeals from an order denying him a new trial. The policy was issued to Mary McNulty, and by it her two frame houses and one shed were insured for one thousand and twenty-five dollars, and her household furniture and wearing apparel for three hundred dollars. Thereafter Mary McNulty, by deed, conveyed the s...
Views: 2
This is an appeal from a judgment and an order denying motion for a new trial. The complaint alleges that in the month of December, 1894, the defendant, as a corporation, “by a resolution duly elected and employed the said plaintiff as teacher of the Petaluma High School” for the term of six months, commencing on the first day of January, 1895. “That the salary and compensation attached to the po...
Views: 8
The petitioner was on the second day of December 1899, convicted of a felony in the superior court of the city and county of San Francisco, to wit, of embezzlement. A judgment was rendered against him that he be imprisoned in the state’s prison at San Quentin for the term of seven years. From this judgment he has taken an appeal, and a certificate of probable cause was granted him by the judge of...
Views: 11
Action to foreclose an assessment for street improvements in the city of Stockton. The defendant had judgment, and plaintiffs appeal therefrom on the judgment-roll; and their contention is that the conclusions of law are not correctly drawn from the findings of fact. Among other persons affected by said improvements and assessment was one H.M. Fanning, who was the owner of certain premises which w...
Views: 1
The deceased George M. Kasson, died testate at Stockton, California, in September, 1895. By his will he left all of his property to certain persons, most of whom were his nieces and nephews, and who may be designated here for convenience as "Martha E. McChesney and others," and are the respondents in this appeal. The will was admitted to probate during the year 1895, and letters testamentary were ...
Views: 5
This is an action to quiet title to certain lots in the city of San Diego. The defendants, other than the city, defaulted. In the amended answer of the city it is alleged that on April 18, 1887, the said city was reincorporated as a city of the fourth class, under the provisions of the act of 1883 providing for the incorporation and government of municipal corporations, and that prior to that date...
Views: 5
The defendant was informed against by the district attorney of the city and county of San Francisco of the crime of robbery. He was tried, convicted, and sentenced to a term of twenty years in the state prison. He appeals from the final judgment of conviction and from the order denying his motion for a new trial. 1. The first point of contention on the part of the appellant is that the verdict is ...
Views: 1
On the death of Stephen Powell Burdick there was on deposit in the First National Bank of Oakland *Page 516 some five thousand two hundred and eighty-one dollars and sixty-four cents standing in the name of "S.P. Burdick, Atty." This money was claimed by the plaintiff, as executor, as belonging to and being part of the estate of said Stephen Powell Burdick, and was also claimed by the defendants,...
Views: 2
Action to obtain the dissolution of an alleged mining partnership, an accounting, a sale of the mining property owned by the alleged partners, and the repayment to plaintiff of money contributed by him in excess of his proper share in the business of working the mine. The court below was of opinion that plaintiff failed at the trial to prove the existence of a mining partnership, and rendered judg...
Views: 8
Action against defendant as a stockholder in the Paul O. Burns Wine Company, a corporation. Defendant pleaded the statute of limitations by demurrer, which being overruled, and defendant declining to answer, judgment passed for the plaintiff, from which this appeal is prosecuted. On August 15, 1894, the wine company was indebted to defendant and others in the sum of $30,000, to pay which it on tha...
Views: 6
Plaintiff pleaded that upon the first day of July, 1891, the defendant executed to her a demand promissory note for twelve hundred and fifty-six dollars and sixty-four cents; that there was due, owing, and unpaid upon the note the sum of twelve hundred and fifty-six dollars and sixty-four cents, with interest thereon from the eighteenth day of January, 1895, at the rate of ten per cent per annum. ...
Views: 7
In 1892 Margaret Reese and Mary E. Dever, two of the plaintiffs in the action, executed to one William M. Iburg a mortgage upon the real estate described in the complaint herein, to secure the payment of money. In a proceeding to foreclose said mortgage, a decree for the sale of the mortgaged premises was entered on April 13, 1897, and on June 1, 1897, *Page 534 the mortgaged premises were sold t...
Views: 7
The judgment in this case was entered April 20, 1897. Subsequently, defendant moved for a new trial on a bill of exceptions, which was denied. Thereupon the defendant appealed from the judgment and from said order denying a new trial, January 4, 1898. The appeal from the order was dismissed April 4, 1898, and a rehearing denied April 30, 1898. The appeal from the judgment having been taken more th...
Views: 1
Defendant appeals from a judgment of manslaughter and also from an order denying his motion for a new trial. He insists that the names of the witnesses examined by the grand jury were not indorsed upon the indictment, the statute containing such a requirement. This contention rests upon the fact that the name of a certain witness before the grand jury, to wit, G.W. Ogden, is indorsed upon the indo...
Views: 2
At the hearing of the return of sale of certain real estate made by the administrator under an order of the court, the appellant made an offer for the property of ten per cent more in amount than that named in the return, whereupon the court continued the further hearing of the matter for one week. At that time the appellant asked the court that the sale be confirmed to him, but the respondent Sa...
Views: 4
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. The assignments of error upon the rulings of the trial court are very numerous, and the attorney general confesses that several of them are well founded. In view of this confession of error we deem it unnecessary to enter upon a particular discussion of many o...
Views: 15
The appellant filed his petition in the superior court for a writ of mandamus to the police life and health insurance board, compelling that body to grant him a pension out of the fund arising under the provisions of the act of March 4, 1889, entitled, "An act to create a police relief, health, and life insurance and pension fund," etc. (Stats. 1889, p. 56.) A general demurrer to his petition was ...
Views: 3
Action to recover the value of a certain crop of grapes grown upon land claimed by plaintiff to be a homestead. On June 19, 1895, plaintiff recorded his declaration of homestead upon certain farm land in Napa county; June 28th he was adjudged insolvent upon his own petition; August 19th he petitioned to have a homestead set apart to him in the insolvency proceedings; on September 23d the petition ...
Views: 2
This is an application to dismiss defendant's appeal. Plaintiff commenced an action in the justice's court to recover upon a promissory note made by defendant in the sum of two hundred and fifty dollars. The instrument provided for the payment of attorneys' fees in the event of suit. In his complaint in the justice's court plaintiff alleged that the sum of one hundred dollars was a reasonable atto...
Views: 3
The respondent recovered a money judgment against the Gray Brothers Artificial Stone Paving Company, from which the defendant therein appealed to the supreme court, and the appellants herein, as sureties for said appellant, executed an undertaking on appeal sufficient in form and amount to stay the enforcement of the judgment. The judgment appealed from was affirmed, and a remittitur from this cou...
Views: 9
The question presented by this appeal *Page 564 arises upon the sufficiency of the complaint. Plaintiff alleges, among other matters, that he and defendants Babcock and Calvin W. Kellogg (now deceased) formed a partnership under the firm name of the "Oakland Institute" for the treatment and cure of the alcohol, opium, morphine, and tobacco habits; that it was agreed that the plaintiff should hold...
Views: 6
The plaintiff was collector of the Otay Irrigation District, San Diego county, from November 7, 1892, to March 5, 1895. Defendant Isaac Smith was elected and qualified as his successor in office March 5, 1895, and said Smith thereupon made demand on the plaintiff that he turn over the money in his hands belonging to the district, which the plaintiff refused to do; afterward, Smith resigned as coll...
Views: 5
This action is brought under section 803 et seq. of the Code of Civil Procedure in the name of the people on the relation of W. N. Moore, to determine the right to the office of medical superintendent of the Mendocino State Hospital. The court below entered judgment for defendant. Plaintiff appealed from the judgment, and the case is presented here on the judgment-roll and a bill of exceptions. ...
Views: 1
This is an action brought upon a promissory note. Plaintiff having introduced the note in evidence and rested, a motion for a nonsuit was made by defendant and granted, whereupon plaintiff appeals. The motion for a nonsuit was made and granted upon the ground that the promissory note upon which the action was brought was secured by a mortgage, and that no action was brought to foreclose the mortga...
Views: 2
Action upon a street assessment. The respondent demurred to the complaint upon the ground of ambiguity and want of facts sufficient to constitute a cause of action, and, his demurrer having been sustained, judgment of dismissal was entered in his favor. Plaintiffs have appealed. The complaint alleges that after the completion of the contract an assessment was made and issued on the sixth day of Ma...
Views: 0
This is a contest in regard to the will of C.W. Carpenter, deceased, and is the third appeal taken to this court in the proceeding. (In re Carpenter, 79 Cal. 382; 94 Cal. 406.) The former appeals were each taken from judgments in favor of the contestants, and upon one trial the jury failed to agree. The judgment from which this appeal was taken was for the proponents. *Page 584 It will not be nec...
Views: 6
This action was brought to recover of the defendant, as executor, the reasonable value of services alleged to have been performed by plaintiff for deceased in her lifetime. The case was tried with a jury, and a verdict rendered for plaintiff in the sum of thirteen hundred and seventy-five dollars. A motion for a new trial was denied, and this appeal is from the judgment and order. The deceased die...
Views: 11
Defendant has been convicted of murder of the second degree, and appeals from the judgment and order denying his motion for a new trial. The single question presented by this appeal arises upon a ruling of the court rejecting certain proposed evidence offered by the defendant. The sole defense was insanity, and we must test the soundness of the court’s ruling in view of that defense. It was pro...
Views: 1
This is an action brought against the directors of a mining corporation to recover a penalty for failure to post monthly accounts and weekly statements of the superintendent of the company, in accordance with the requirements of an act of the legislature approved March 30, 1874, and the amendment thereto. (Stats. 1897, p. 38.) The amendment to the original act, which was passed in 1897, is now att...
Views: 0
Plaintiff has recovered damages for personal injuries received while a passenger upon one of defendant's electric street-cars. The car was going at an unusual and unlawful rate of speed, and while upon a curve, a flange of the car wheel broke, the car left the track, and plaintiff was precipitated to the ground through a window of the car, to his great injury. This appeal of defendant has but litt...
Views: 15
On December 7, 1894, the defendants, N.S. Harrold and H.W. Cowell, made to plaintiff their joint and several promissory note for the sum of fifty-six thousand six hundred and eighty-two dollars, and to secure payment thereof Harrold executed to plaintiff a mortgage of certain lands, his individual property, and for the same purpose Cowell also made to the plaintiff a mortgage of lands owned by him...
Views: 7
This action was brought to recover an assessment, amounting with costs to fifty-two dollars and ninety-nine *Page 623 cents, made for street improvements, upon a lot owned by appellant, and to have it adjudged a lien against the lot. The court below filed findings, and judgment was thereupon entered in favor of respondent. This appeal is from the judgment and from an order denying appellant's mot...
Views: 2
This is an appeal from a final judgment, and the sole question sought to be reviewed here is an order of the lower court refusing to relieve the appellant from a written stipulation. It appears that in May, 1897, the plaintiff had brought two actions in the superior court of the city and county of San Francisco to recover and foreclose street assessment liens upon two different lots owned by appel...
Views: 11
The complaint, which was filed October 11, 1895, after alleging that the defendant was and is a corporation, states "that within two years last past, at the express request of and hiring by defendant, at the county of Placer, plaintiff performed work and labor for defendant. That defendant agreed to pay therefor the sum of four hundred and eighty dollars." That defendant has not paid the same, nor...
Views: 4
Action upon a street assessment. 1. Within ten days after the publication and posting of the notice of the improvement, the owners of a majority of the frontage upon the work delivered to the clerk of the board of supervisors written objections to the same. No further steps were taken until the expiration of six months, when the board of supervisors ordered the work to be done without again passin...
Views: 1
In an action for the foreclosure of a mortgage, judgment was rendered in favor of certain defendants for the amount of certain mechanics' liens claimed by them, and directing their payment out of the proceeds of the sale prior to the payment of the plaintiff's mortgage. At the hearing of the appeal the appellant consented to an affirmance of the judgment, and thereupon one of the respondents asked...
Views: 0
This is an action for a breach of contract of sale and purchase brought by the vendor against the vendee. The complaint sets out an agreement whereby plaintiff agreed to sell, and defendant agreed to buy, of plaintiff fifty-seven thousand one hundred and ten pounds of hops at eleven and five-eighths cents per pound; that plaintiff tendered the hops and defendant refused to take or pay for them, an...
Views: 9
The complaint, which is verified, alleges that on the fourteenth day of July, 1896, plaintiff was in the possession and entitled to the possession of certain personal property, consisting of furniture, described therein, of the value of one thousand dollars, and that on said day the defendant wrongfully took said furniture and ever since has refused to return it, although demand has been made for ...
Views: 4
Plaintiff recovered judgment. Defendant has appealed from the judgment and from an order denying his motion for a new trial. The complaint, which is verified, alleges that on July 15, 1895, the defendant executed and delivered to plaintiff a promissory note for fourteen hundred dollars, due one year after date, with interest from date at the rate of one per cent per month until paid. That the inte...
Views: 6
This is an original application for a writ of review, wherein certain orders of the superior court sitting in probate in the matter of the estate of Matthew Healy, deceased, are sought to be annulled. There had been a contest over the issuance of letters of administration in the estate of Matthew Healy between the nominee of certain heirs of the deceased and J.W. Hosselkus, public administrator of...
Views: 2
This action was for an injunction to restrain the street superintendent of the city of Los Angeles from selling certain real property of the plaintiffs to satisfy an assessment levied by the municipal authorities in the matter of the opening of a street. The proceedings for the street opening were begun in September, 1898, and were conducted under the provisions of the general law for the opening ...
Views: 8
Action to enforce the liability of the defendant Commercial and Savings Bank and others as stockholders in the Shasta Lumber Company. All the defendants, except appellant, paid their proportionate shares of the debt before the trial, and as to them the action was dismissed. Defendants pleaded the statute of limitations. Plaintiff had judgment, from which and from an order denying motion for new tr...
Views: 8
The defendant appeals from a conviction for grand larceny, and the principal question presented here is whether the testimony on the part of the prosecution proved the commission of that offense, or simply tended to prove the offense of obtaining money by means of false and fraudulent pretenses, or embezzlement. One Healy was desirous of getting an appointment upon the police force of San Francisc...
Views: 5
The Gould Curry Silver Mining Company is a corporation organized under the laws of this state, having seven directors, and with a capital stock divided into 108,000 shares. At the annual meeting in 1896 for the election of directors for the year then ensuing there were present in person, or by proxy, stockholders representing in the aggregate 98,338 shares of the capital stock. At this election K...
Views: 4
This is a petition in this court for a writ of certiorari to review a certain order made by the respondent, the superior court, and also for a writ of mandate to compel the issuance of an execution for costs. An alternative writ of mandate was issued. The matters here involved grow out of a certain action entitledSan Francisco Savings Union v. E.B. Long and others, in which a certain judgment was ...
Views: 2
The action is for money laid out and expended for the benefit of defendant and at his request. The complaint contains two counts. The first is for three thousand and eight dollars and sixty-eight cents paid to the Farmers' and Merchants' Bank September 20, 1894, for the use of defendant. The second cause of action is for money paid by defendant to the First National Bank of Los Angeles for the use...
Views: 3
Appeal from an order removing appellant as administratrix and appointing respondent as administrator in her stead. Deceased died December 7, 1894, leaving surviving him his wife, Iturea Atwood, but no children. On the eighth day of February, 1897, the superior court, upon proper petition, duly made an order appointing the said Iturea Atwood administratrix of the estate of deceased, and she thereup...
Views: 0
Thomas Bell died testate in the city and county of San Francisco. Subsequent to the issuance of letters testamentary, and prior to the return of the inventory and appraisement, the court made an order for a family allowance of two thousand dollars per month, this allowance to continue until the further order of the court. The administration of the estate proceeded on its course, and nearly three y...
Views: 5
The appellant, Henley, was sued as a member of the law firm of Henley & McSherry, doing business in San Francisco during the year 1892-93, and judgment recovered against him for six hundred and two dollars and fifty cents and costs. McSherry was made party to the complaint, hut was not served. The suit was commenced February 4, 1896, within three years, hut not within two years of the accrual o...
Views: 0
The action is one to foreclose a chattel mortgage. Judgment went for the plaintiff, from which the defendant appeals upon the judgment-roll. The complaint is in the usual form. The answer admits the execution of the note and mortgage, but avers that at the time of its execution it was agreed and understood that the plaintiff would not seek to foreclose so long as defendant paid the interest; that ...
Views: 0
In this action a general and special demurrer was sustained to the complaint, and, the plaintiff declining to amend, judgment went against him. The sufficiency of the complaint is the question before the court. In passing upon this question all ambiguities and uncertainties found in the pleading will be construed against the pleader. The facts are these: James Brown owned a herd of cattle upon whi...
Views: 4
This is an action for damages for the value of ore alleged to have been taken by defendant from plaintiff's mine, situate in Amador county. The defendant denies taking any ore, or gold-bearing rock, from plaintiff's mine, and avers that defendant is the owner of the mine from which the rock was taken. The cause was submitted in the trial court upon an agreed statement of facts, each party having t...
Views: 3
Action to recover certain taxes, paid under protest, upon certain stocks and bonds situated in New York city. Defendant had judgment on the demurrer to the complaint, from which this appeal is prosecuted. It appears from the complaint that at his death plaintiff's testator was the owner of a large number of stocks or shares and certain bonds of foreign corporations, all of which, except certain de...
Views: 1
Appeal from an order denying plaintiff's motion for judgment against the sureites on a stay bond. The action was for personal injuries, and plaintiff had judgment March 15, 1898. April 4, 1898, defendants appealed from the judgment and gave the usual appeal bond and also an undertaking to stay execution of the judgment. The appeal was dismissed by this court on November 14, 1898 (grounds not shown...
Views: 1
This action was brought by plaintiffs and intervenors, judgment creditors of the Packwood Vineyard and Fruit Company, an insolvent corporation, to compel payment by the stockholders of that corporation of the unpaid portion of their stock. The defendants Pope, Talbot, and Fagan appeal from the judgment given against them, and in support of their appeal Talbot and Pope urge *Page 47 that they were...
Views: 2
In April, 1898, the city council of the city of Oakland passed an ordinance, the first section of which reads as follows: "The sum of one thousand dollars is hereby appropriated from the general fund of the city of Oakland for the year 1897-98 to pay the claim and demand of Owen F. Rooney for moneys erroneously collected by the city of Oakland from said Owen F. Rooney and paid by him under protest...
Views: 2
The complaint alleges that the plaintiff and defendant are owners in common of two horses, named respectively "Midas" and "Sport McAllister"; that said horses are in the possession of defendant; that she is excluded from the use and possession of the horses; and praying for a decree of partition, that a sale of the horses be ordered, and for an accounting. The defendant denies that the plaintiff h...
Views: 2
John S. Enos died in Sonoma county on March 30, 1898. The plaintiff Susie T. Enos is his surviving wife, and the plaintiff Gertrude Willis is his daughter. For several years next before his death the deceased had not lived with his wife, but during that time lived at the residence of the defendant Rachael Jane Snyder, where he died. He left a will which contained a direction that the manner, time,...
Views: 7
Arthur Waters died intestate in the city of San Francisco, leaving a wife, Elizabeth, here, and a sister and nephews in other states. Administration was had upon his estate, and in due time and after due notice, a decree of distribution was entered, which found that the wife, Elizabeth, was the only heir of her husband, and all of his estate was thereupon distributed to her. Subsequently, she died...
Views: 18
Action to quiet title. Judgment was rendered in favor of the defendants, and the plaintiff has appealed from an order denying a new trial. The plaintiff's title is based upon certain tax deeds for different portions of the premises described in the complaint, *Page 82 three of the deeds being for the taxes thereon for the fiscal year ending June 30, 1883, and one for the succeeding year. The deed...
Views: 6
In May, 1894, the defendant was the owner of a promissory note and mortgage made by one Lewis to him for the sum of five hundred dollars. The maker of the note was insolvent, and the lands described in the mortgage were of small value, not to exceed one hundred dollars. Defendant went to plaintiff, and by false representations in regard to the value of the land mortgaged and by taking plaintiff an...
Views: 10
This action was brought to recover for goods, wares, and merchandise, alleged to have been sold to the defendants as copartners under the firm name of "Kolm Bros." One Perkins had in his hands about eight hundred and seventy dollars, which plaintiff claimed to be the money of H. Kolm, who was alleged to be one of the partners. Plaintiff had the eight hundred and seventy dollars attached in this ac...
Views: 2
The plaintiff was nonsuited in the court below, and appeals from an order denying a new trial. The suit was brought to enjoin the maintenance of an alleged nuisance, and for damages suffered by the plaintiff by reason of it. The defendants, other than the town, were trustees of the town, but are sued individually. There was no evidence tending to establish the cause of action as against them; and ...
Views: 12
Defendants demurred to the complaint on several grounds; the demurrer was sustained, and, plaintiff declining to amend, defendants had judgment, from which plaintiff appeals. 1. Respondents object to the consideration of the appeal on the ground of the insufficiency of the notice. It is as follows: "[Title Court and Cause.] "Please take notice that the plaintiff in the above-entitled action hereby...
Views: 4
This action was brought by the father to recover damages for the death of his son. The deceased was a bright, active boy, nearly seventeen years of age. He was a fireman upon a switch engine of defendant, and had been working in that capacity for nearly two months. At the time of the accident he was not on duty. The pay-car of defendant, to which was attached a switch-engine, started to go from th...
Views: 11
The defendant was the owner of the undivided half of a certain tract of land in Alameda county on the first Monday of March, 1897, and for many years prior thereto, and on March 24, 1897, he made a grant, bargain, and sale deed of his interests in the land to one Jackson. On the next day Jackson conveyed the land to the plaintiffs by a grant, bargain, and sale deed, and the plaintiffs have since r...
Views: 3
This is an appeal by the people from an order of the court below granting a motion to set aside the information. The main ground of the motion was that prior to the information respondent had not been legally committed by a magistrate. What is called the "transcript on appeal" shows what purport to be a large number of affidavits and other papers and testimony given and proceedings had at the prel...
Views: 7
Action to quiet title. Plaintiff is one of ten children of William H. Winston, who died testate in May, 1886; in June, 1886, his surviving widow, Mary E. Winston, was appointed executrix; plaintiff is a devisee under the will of deceased and claims as such; she brings this action to quiet her title to an undivided one-eleventh interest in a certain tract of land in Los Angeles county, as property ...
Views: 1
On the trial of this case, before the court without a jury, the judgment was for defendant and the plaintiff brings this appeal from an order denying his motion for a new trial. This action is brought by the asignee of the beneficiary of an accident policy issued by defendant to George Douglas Atcherly Crosbie in the lifetime of said Crosbie. By the terms of the policy the sum of ten thousand doll...
Views: 14
Action for personal injury. The trial was by the court without a jury. Plaintiff had judgment, from which and from an order denying their motion for a new trial defendants appeal. The court found that defendant Conger was, on the fourth day of March, 1896, employed by the defendant California Improvement Company, as engineer to manage a steam roller owned by said company and used by it in rolling ...
Views: 11
This appeal is from the judgment upon the judgment-roll. Defendant John Davis was the owner of an undivided interest in the rancho San Pablo. In January, 1885, one Lynch obtained a judgment against Davis for two thousand one hundred and eighty-four dollars and four cents, and nineteen dollars costs, and in February of the same year the undivided interest of Davis in said rancho was sold to one Wat...
Views: 0
The appeal is from a judgment in favor of the plaintiff and from an order denying the defendants' motion for a new trial; but the only point made by the appellants' counsel, and the only point that need be considered, is that a new trial should have been granted on the ground of newly discovered evidence. The defendant Warfield is sheriff of Merced county, and, it is found, seized under attachment...
Views: 4
This appeal is from a judgment in favor of defendants and from an order denying plaintiff a new trial. The proceeding is in the nature of a quo warranto by the attorney general to deprive the defendant, a corporation, of its corporate charter and procure its dissolution. The principal ground, as we gather from the complaint, upon which it is claimed the corporation should be deprived of its charte...
Views: 1
Appeal from a judgment in defendant's favor and from an order denying plaintiff's motion for a new trial. This action was commenced by filing a complaint on November 5, 1898. In that complaint it is alleged that on June 1, 1885, at Atchison, Kansas, the defendant made and delivered his promissory note for eight hundred and twenty dollars and interest, due ninety days after date, to one J.A. Bovard...
Views: 9
This action was brought by plaintiff, as a citizen and taxpayer, to enjoin the defendants – who are the members of and compose the board of education of the city and county of San Francisco – from using or causing to be used, until four years after the ninth day of June, 1897, the text-books of the Shaylor system of vertical round-hand penmanship, upon the ground that said text-books have not been...
Views: 1
Defendants' demurrrer to plaintiff's complaint was sustained, and judgment thereon entered against the plaintiff, who appeals from said judgment. The other defendants are the mayor, the board of supervisors, the board of health, and the individuals composing said boards, and the health officer of the city and county of San Francisco; and the principal question involved is the validity of an ordina...
Views: 4
The suit was brought to foreclose a mortgage executed to the plaintiff by the defendant Johnson May 17, 1893, for three hundred dollars, etc. The defendant corporation and the defendant Baldwin filed cross-complaints to foreclose a subsequent mortgage on the same premises executed by the defendants Johnson to the former, and claimed by the latter to have been assigned to him. The mortgagors made d...
Views: 1
Motion to dismiss the appeal. Judgment was rendered in this action in favor of the plaintiff for a specified amount of money, and declaring the same to be a lien upon certain lands and also upon a certain water 'ditch. Thereafter the plaintiff served and filed a notice of appeal “from all that portion of the judgment whereby the court refused to or *179 der, adjudge, and decree that five shares...
Views: 4
This appeal is from an order of the superior court of Santa Clara county appointing a guardian of the person *Page 181 and estate of Ralph Russell Taylor, a minor. It appears from the bill of exceptions that the said minor was born in October, 1890, in Santa Clara county, that being the place of residence of his parents. His mother died shortly after his birth, and in December, 1890, the infant w...
Views: 2
Foreclosure of deed of trust. Plaintiff had judgment, from which the defendant, the Los Angeles Iron and Steel Company, appeals. The only question presented relates to the correctness of the order overruling the demurrer of defendant and appellant, the steel company. On May 1, 1894, the steel company executed a trust deed to the National Trust Company, as trustee, to secure the payment of the prin...
Views: 4
This is an action to recover damages alleged to have been sustained by the plaintiffs by reason of the failure of the defendant to supply water to lands occupied by them as lessees. The plaintiffs recovered judgment, and this appeal is taken therefrom and from an order denying a new trial. The principal question arises upon the construction of a contract executed by and between Charles Prager and ...
Views: 7
Plaintiff appeals from a judgment and from an order denying its motion for a new trial. The defendant Dauer was the treasurer of San Diego county from the first Monday in January, 1891, to the second day of January, 1893. This action is on his official bond and was commenced against him and the sureties on said bond on the thirty-first day of December, 1896, to recover the sum of $24,108.87, which...
Views: 0
Plaintiff brought this action to enjoin the defendant from obstructing his private way across the defendant's land and for damages. Upon the trial defendant had findings and judgment. Plaintiff moved for a new trial, his motion was granted, and the defendant appeals from the order granting said motion. Plaintiff, in 1858, settled upon and entered a certain quarter section of government land situat...
Views: 4
Appeal from a judgment dismissing the case for failure of prosecution. The suit was brought by the plaintiff as assignee to recover the amount due on a note made to plaintiff’s assignor by the defendant April 20, 1881. The sole issue raised by the answer was as to 'the plaintiff’s ownership of the note. The motion was made October, 1897, on the “records, files, and entries” in the case; from,...
Views: 5
Action to recover possession of a mining claim, for damages, and for an injunction. Plaintiff had judgment for possession, for one dollar damages and perpetually enjoining defendants from trespassing upon the premises in controversy. The appeal is from the judgment on the judgment-roll. 1. Appellants contend that their demurrer for uncertainty, ambiguity, and unintelligibility should have been sus...
Views: 6
The plaintiff brought this action in the justice's court to recover from the defendant the sum of two hundred and ninety-nine dollars, alleging in his complaint that his assignor had entered into a contract with the defendant for the doing of certain work in improving a street in Sausalito, and that the defendant had agreed to pay the above sum therefor. The defendant answered the complaint by a g...
Views: 4
The executor of the last will and testament of the above decedent presented to the superior court for final settlement an account of his administration of the estate, and at the same time a petition for the distribution of the estate remaining in his hands, setting forth therein the provisions of the will and the names of the persons entitled to receive distribution, and also the shares of the est...
Views: 5
Action brought to enforce a lien for work and materials in laying cement sidewalk and curb and constructing cement steps on the sidewalk leading up to the doorways. Defendants severally demurred to the second amended complaint, the demurrers were sustained, and, plaintiff failing to amend, judgment of dismissal was entered and plaintiff appeals. The contract was made, the work performed and notice...
Views: 110
This action was brought to recover taxes claimed to be due plaintiff by defendant upon property owned by it on the first Monday of March, 1894. Findings were filed and judgment entered for defendant. Plaintiff appeals from the judgment and from an order denying its motion for a new trial. The amount of taxes that were due by defendant, according to the assessment as made by the city assessor, at t...
Views: 4
Defendant was charged with the crime of grand larceny and of two prior convictions for the like offense. He was found guilty by the jury, and the court sentenced him to imprisonment in the state prison during his natural life. The appeal is from the judgment and from the order denying defendant's motion for a new trial. There is no brief for respondent. Appellant's points relate exclusively to the...
Views: 4
The defendant appeals from an order denying a new trial. The action is to recover the value of the furniture and contents of a certain restaurant in the city of Los Angeles alleged to have been wrongfully converted by defendant. The defendant denies plaintiff’s title and justifies the taking, as sheriff, under a writ of attachment issued in a cause entitled G. C. de Garmo v. George F. Harvat, ...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 242 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 243 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
Views: 10
This action is by a taxpayer to enjoin the city treasurer of Los Angeles and the city from paying the expenses of a certain board claiming to be a board of freeholders elected to prepare a charter for the city. The city of Los Angeles already had a freeholders' charter, which was approved by the legislature in January, 1889. In that year a board of freeholders was again elected which *Page 264 fr...
Views: 14
Prior to September 10, 1895, the appellant was the owner of a tract of land in Santa Clara county containing about twenty acres, on which there was a fruit orchard, and respondent was the owner of some improved property in Riverside county under rental and some unimproved property in Los Angeles county. At that time the parties agreed upon the exchange of their properties, the appellant selling hi...
Views: 10
The two brothers by the name of Nolan were engaged for ten years in carrying on a wholesale shoe business in the city of San Francisco under the name of "Nolan Bros." One brother sold his interest in the business to the other, and that brother (W.H. Nolan) shortly thereafter closed out the wholesale business and opened up a retail shoe business at another point in the city under the name of "W.H. ...
Views: 8
In an action brought by the petitioner against D.W. Ridenour et al. in the superior court of Lassen county, judgment was entered in his favor for the amount of two hundred and ninety dollars damages. Thereafter the defendants therein filed a memorandum of costs amounting to ninety-two dollars. Plaintiff thereupon moved the court to strike this memorandum of costs from the files, upon the ground th...
Views: 1
This is an original proceeding in certiorari to annul three certain orders or judgments made by the trial court. The facts are these: On June 15, 1898, at 10 A.M., one Minnie Campbell was upon trial in the superior court charged with the commission of a felony. Petitioner Overend was called and sworn as a witness, whereupon he refused to answer any questions, upon the ground that his evidence *Pag...
Views: 12
Motion to dismiss the appeal. This action was brought to recover the amount of certain promissory notes executed by the respondent Kate C. Byrne, and held by the plaintiff. A complaint in intervention was filed by Henry I. Kowalsky, in which he claimed an interest in one of said notes. Judgment was rendered in the action in favor of the plaintiff, and against the defendants, and that the interveno...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 3 The defendant was convicted of rape. The appeal is from the judgment and from an order denying a new trial. The points urged for reversal are, that the information was insufficient to sustain the judgment; that the verdict was contrary to the evidence; and ...
Views: 5
Action on promissory note executed by defendant to plaintiff. Plaintiff had judgment, from which defendant appeals on the judgment-roll. The note sued upon was for six hundred dollars, and was dated May 22, 1894, and among other things contains the following provision: "Thirty days after written notice is served upon me for payment, I promise to pay," etc. The complaint alleges as follows: "That h...
Views: 1
Defendant was convicted of the crime of forgery and sentenced to a term of eight years in the state prison at Folsom. He brings this appeal from the judgment and from an order denying his motion for a new trial. The charging part of the information was as follows, to wit: "The said E.J. Cole, on the _____ day of August, A.D. 1899, at the said county of Sacramento, in the said state of California, ...
Views: 5
Suit to quiet title. The land involved in the action is a strip forty feet in width, lying within block 55 of Bamona, in the county of Los Angeles. Both parties derive title under a common grantor, the San Gabriel Wine Company. The conveyance to the defendant’s grantor, the'San Gabriel Valley .Bapid Transit Bailway Company, was made February 7, 1888, and granted, bargained, and sold to it, its su...
Views: 3
The defendant appeals from a judgment in plaintiff's favor and from an order denying a new trial. The action is to recover damages for an unlawful ejectment of plaintiff by defendant from one of its passenger trains at Pasadena. The case was tried before the court without a jury, and plaintiff was awarded damages in the amount of five hundred and seventy-five dollars. The defendant admitted that i...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 29 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 30 Action to specifically enforce an agreement to compromise and settle an action pending in the superior court of ...
Views: 2
Suit to quiet title. The defendant alleged an interest in a portion of the lands described in the complaint, by virtue of a deed of trust executed by the plaintiffs grantor to secure an indebtedness to it, and disclaimed as to the remainder of the land described in the complaint. Judgment was rendered against the claim of the plaintiff so far as it extends to the lands in which the defendant cl...
Views: 2
Plaintiff Plaintiff appeals from a judgment in favor of the defendant, from an order denying his motion for a new trial, and from an order denying his motion to strike out defendant’s cost bill. Appellant claims a certain interest in the water of a stream called the Arroyo Seco, and had been taking the water by connection made with a pipe of the respondent and paying respondent certain customary ...
Views: 4
This is a motion to dismiss defendant's appeal from the judgment, upon the ground that the appeal was taken after the statutory period had elapsed. This fact is not denied, but in resisting the motion it is shown that some eighteen days before the expiration of the six months allowed for appeal the plaintiff, in whose favor the judgment was rendered, had died, and that only after the expiration of...
Views: 1
From a judgment rendered against them, and from an order of the court refusing to modify the findings and the judgment in certain particulars, the defendants, the city of San Diego and the Southern California Mountain Water Company, a corporation, jointly gave notice of their appeals. This is a motion to dismiss those appeals upon the ground that they are not supported by any bond or undertaking ...
Views: 3
This action is brought to determine adverse claims to certain real estate, described as lots 1 and 2 in section 32, township 8 south, range 24 east, comprising about thirty-one acres of land. Plaintiff relies upon a patent from the United States issued to his grantor; and defendant relies upon a patent from the state under the swamp and overflowed act of Congress, passed September 28, 1850. No evi...
Views: 1
Action for false imprisonment. Defendant demurred to the complaint for insufficiency of facts, and his demurrer was sustained without leave to amend. Plaintiff appeals from the judgment. The case turns upon the sufficiency of the affidavit in the original action of Marsh v. Fkumoto, to confer jurisdiction to make the order of arrest. The arrest was caused under subdivisions 1 and 5 of section 479 ...
Views: 6
Defendant was convicted of the crime of arson, under an indictment presented by the grand jury of San Joaquin county, and was sentenced to ten years' imprisonment at San Quentin. He appeals from the judgment and from the order denying his motion for new trial. There are no errors calling for any statement of the evidence as to defendant's guilt or innocence. 1. Defendant's principal reliance for r...
Views: 6
This is a proceeding in mandate to compel the defendant, as county auditor, to draw his warrant for the amount of a claim allowed by the board of supervisors. By general demurrer the defendant questioned the legality of the claim. The demurrer was overruled, and, defendant failing to answer, plaintiff had judgment, from which defendant appealed. But although an order was made dispensing with a st...
Views: 2
This is an action brought to restrain the defendant, as secretary of state, from certifying to the county clerks of the several counties of the state the proposed senate constitutional amendment No. 22, adopted at the regular session of the legislature, March 18, 1899. A general demurrer was filed to the complaint, which was sustained by the court below, and, the plaintiff declining to amend, judg...
Views: 13
The suit was brought in the justice's court of the city and county of San Francisco for the unlawful detainer of a lot in that city, and for the recovery of possession and the value of the use and occupation. The case was carried by appeal to the superior court, where judgment was rendered for the plaintiff for the restitution of the premises and for the sum of one hundred and fifty dollars and co...
Views: 8
Suit on promissory note of date July 30, 1898, for five thousand seven hundred and ten dollars, with interest, etc. Judgment was rendered for plaintiff against the defendant Rikert, and for the defendant corporation against the plaintiff for costs. The appeal is from the latter judgment; and the sole question involved is whether the note sued on was the note of the latter defendant. The note is si...
Views: 4
Plaintiff brought its action against defendant to recover the sum of five hundred and fifty-one dollars, the amount of a license tax which it averred was due to it from defendant under the terms of an ordinance of the county exacting a license from all persons engaged in the business of "raising, grazing, and pasturing sheep" within the county. The cause was tried before a jury, which rendered its...
Views: 8
The appeal is from the judgment. The prayer of the complaint is that defendant be decreed to hold the legal title to certain land in trust for plaintiff. The material allegations of the complaint are: That plaintiff was in the possession and occupation of public land of the United States, which land was subject to homestead entry. Plaintiff was qualified to enter the land under the homestead laws,...
Views: 6
This is a motion to recall and correct the remittitur originally issued herein. The judgment of the superior court was reversed October 31, 1899, without inserting in the order any direction as to costs (126 Cal. 516), and under rule XXIII of this court it became the duty of the clerk to enter upon the record a judgment that appellant recover its costs of appeal, and to insert this direction in th...
Views: 3
Appeal from judgment for plaintiff against defendant Duchein, and from order denying motion for new trial. The plaintiff is a corporation organized under the laws of this state. The defendant, the Garibalid Grove, was, on and before June 22, 1893, a subordinate unincorporated association, organized under charter from the plaintiff; but on that date, by a vote of the Grand Grove, at the annual sess...
Views: 9
This action was brought by the county of Sutter to condemn certain lands for a public highway, after statutory proceedings had before the board of supervisors. The cause was tried without a jury, judgment passed for plaintiff and from the order denying them a new trial defendants appeal. Most of the propositions which they present in support of their appeal may be briefly disposed of. 1. The demur...
Views: 3
Action to quiet title to block 340 in the city of Escondido, San Diego county. Plaintiff had judgment, from which and from the order denying motion for new trial this appeal is prosecuted. There are numerous defendants, but the appeal is by the regents of the Escondido Seminary and by the University of Southern California only. Plaintiff and defendants (regents) claim title through a common source...
Views: 3
This action was brought in Yolo county to quiet title to a twenty-seven acre tract of land located near the Sacramento river. In the complaint the land was described as a certain part of the northwest quarter of section 19 in township 11 north, range 3 east, Mt. Diablo meridian. On the trial defendant (appellant here) objected to the taking of any testimony because it appeared from the complaint t...
Views: 8
Plaintiff sued to recover from defendant the value of certain wheat deposited under the terms of the following written contract: "Stockton, Cal., July 31, 1897. "Received of Mrs. L.C. Pope, in the Eureka warehouse, situated on Levee street, Stockton, the following described merchandise, which we agree to deliver (damage by the elements excepted) upon the surrender of this certificate and payment o...
Views: 5
This is an action brought to foreclose 3! chattel mortgage. Defendant appeals from the judgment and order denying her motion for a new trial. A few days prior to the commencement of the action defendant served on plaintiff an offer in writing to pay him one hundred and ninety-four dollars and interest, in full payment and discharge of the obligation. Ho further steps were taken by defendant i...
Views: 4
Action to recover twelve hundred dollars damages. The case was tried before a jury and a verdict returned for plaintiff in the sum of four hundred dollars. This appeal is from the judgment and an order denying defendants* motion for a new trial. The facts concerning which there is . no controversy are substantially as follows: The defendants are and were at all times named in the pleadings husb...
Views: 2
This is an appeal from an order granting a motion for a new trial. The action was one involving a claim for commissions based upon a sale of real estate. The claim is primarily evidenced by a contract in writing. Under this writing plaintiff was to receive his commissions when certain notes taken by the vendor of the real estate from the vendee were paid. In addition to the aforesaid written contr...
Views: 0
The plaintiff brought this action upon a judgment rendered in its favor against the defendant in the circuit court of the state of Alabama. Judgment was rendered in favor of the defendant, and the plaintiff has appealed. *Page 155 The defendant is a corporation organized under the laws of this state, with its office and principal place of business at San Francisco. In the action brought against d...
Views: 3
This litigation involves the respective rights of the parties to the use of the waters of a certain creek known as Willow Ranch creek. Plaintiff in his complaint alleged a diversion of these waters by defendants without right, *157 and sought a permanent injunction, with damages. Defendants admitted a diversion of twenty-five inches of the waters of the creek, and claimed the right to so divert...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 161 Defendant was convicted of the crime of rape, alleged to have been committed on one Maude Yates, a female under the age of sixteen years, and he was sentenced by the court to five years' imprisonment in the state prison. From the judgment and from an orde...
Views: 11
Plaintiff's testator resided in Minnesota up to the time of his death, and in that state made his will January 31, 1889. He died February 3, 1899. The will was duly probated in Minnesota and afterward was proven, as provided by law in reference to foreign wills, in the superior court of San Diego county, and admitted to probate, and letters of administration with the will annexed were issued to pl...
Views: 5
This action was brought by plaintiff to obtain a judgment against defendant for damages received by plaintiff in falling or being thrown off of one of defendant's electric-cars while said car was in motion. At the close of the evidence the court directed the jury to return a verdict for the defendant, and upon the verdict thus returned judgment was entered. This appeal is from the judgment and fro...
Views: 2
This action is for a partition of two lots in the city of Pasadena. The defendant appeals from an interlocutory judgment in plaintiff's favor and from an order denying a new trial. The appeal from the judgment was taken more than sixty days after the same was entered, and must therefore be disregarded. (Code Civ. Proc., sec. 939, subd. 3.) The appeal from the order denying a new trial is left for ...
Views: 4
This is an original petition here for a writ of mandamus to compel the superior court of the county of Stanislaus to take certain action prayed for in the petition. An alternative writ issued, and afterward a demurrer to the petition was interposed and the case was submitted on the demurrer. The petition sets forth that on March 10, 1900, petitioner presented to said superior court, respondent her...
Views: 8
This appeal is prosecuted from an order granting to defendants a change of place of trial to Humboldt county. The motion was made upon the ground that the defendant resided in that county. Plaintiff replied to the motion by affidavits to the effect that the contract sued upon was made in the city and county of San Francisco. Notwithstanding the residence of defendant may have been located in Humbo...
Views: 6
Action of claim and delivery. The plaintiff brought this action to recover from the defendant the possession of certain personal property or its value. Upon the commencement of the action, under his direction, the property was taken by the sheriff from the possession of the defendant, and within five days thereafter and before its delivery to the plaintiff, the sheriff, upon the execution to him b...
Views: 7
This is an appeal by plaintiff from a judgment for defendant following an order sustaining a demurrer to the complaint. The complaint sets forth that on the nineteenth day of August the defendant filed a complaint against and caused the arrest of one Newman on a charge of larceny of defendant's goods, and about the same time accused Woodham, the husband of plaintiff, with complicity in said crime ...
Views: 11
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 202 Judgment went in the court below for plaintiffs, and defendant appeals from the judgment and from an order denying his motion for a new trial. The action was to quiet title to certain described land. The answer merely denies the ownership of plaintiffs an...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 209 Action upon a street assessment. The common council of the city of Los Angeles passed an ordinance for the improvement of Main street in that city, between Ninth and Thirty-seventh streets. Plans and specifications, together with an estimate of the cost o...
Views: 5
Action to quiet title to a right of way. Plaintiff recovered judgment and appeals therefrom, claiming that the judgment is erroneous in several respects, and that he is entitled to more relief than is therein given. The court had the right to consider the acts of the parties in adopting the description contained in the deed of the right of way from defendant to plaintiff, and the building of fence...
Views: 4
This action was brought to foreclose a street assessment lien under an assessment issued by the superintendent of streets of the city of Oakland. Defendants recovered judgment, and this appeal is by plaintiff from the judgment and order denying a new trial. It appears that the contract was let under the street law, and an ordinance duly adopted by the city, which provided, among other things, that...
Views: 3
Plaintiff brings the action to recover the possession of certain grain of which he alleges ownership and right of possession. The cause was tried by the court without a jury and defendants had judgment, from which and from the order denying a new trial plaintiff appeals. It was alleged in the separate answers of the defendants that defendant Ewell Windsor and Stirling P. Windsor, his brother, dece...
Views: 3
The plaintiff, a materialman, is seeking a lien upon the property of defendant Nancy A. Weir. The material was furnished to defendant Fellows, a contractor, who erected a building for said Weir. The contract between the owner and contractor was a valid contract, and the contract price was nineteen hundred dollars. Defendant Weir made the two last payments demanded by the terms of the contract bef...
Views: 3
This action was brought by the owner of the building on a building contractor's bond. Plaintiff had judgment by default against the builders, who were the principals on said bond. Defendant De Turk, the surety, answered, and after a trial without a jury obtained a judgment, from which and from an order denying a new trial plaintiff appeals. The bond sued on provided that the principals therein sho...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 247 Appeals from a judgment on verdict in favor of plaintiff, for the sum of six thousand five hundred dollars and costs, and from an order denying a new trial. The points relied upon for reversal are: The statute of limitations; errors of law occurring in th...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 260 The verdict and judgment were for plaintiff for the value of certain promissory notes averred to have been deposited by plaintiff with defendant as collateral security for a promissory note made to plaintiff by one Beckman and another person. Defendant ap...
Views: 10
The question involved in this appeal is the ownership of a strip of land in San Francisco, on the northerly line of Washington street, commencing one hundred and twenty-five feet west of Taylor, and having a frontage of two and a half feet upon Washington street, with a depth of sixty feet, being a portion of fifty-vara lot No. 817. Judgment was rendered in favor of the defendants, and the plainti...
Views: 3
A demurrer to the second amended complaint was sustained, and, plaintiff failing to further amend, defendant had judgment from which the plaintiff appeals. The said complaint contained two counts. In the first is set forth, in substance, that in a claim and delivery suit commenced by plaintiffs against defendant judgment had gone in defendant's favor for the return to him of twenty-five thousand t...
Views: 1
The city of Los Angeles took certain proceedings for the issuance of municipal bonds for public improvements, under the act of March 19, 1889 (Stats, 1889, p. 399), and adopted an ordinance submitting to the voters of the city the question whether the bonds should be issued. The city council, having declared that a majority of two-thirds of the voters had voted in favor of their issuance, passed a...
Views: 3
In December, 1894, the requisite number of creditors, among whom was the appellant, the bank of Woodland, filed a petition in the superior court of Yolo county to have the firm of Levy Schwab, and the individual members thereof, W. Levy and S. Schwab, declared insolvent. Such proceedings were thereafter had upon the said petition that said firm and said individual members thereof were, on the twe...
Views: 2
The present action is brought for the recovery of damages sustained by the plaintiff by reason of injuries received by his wife while she was being conveyed as a passenger upon one of the trains of the defendant. It is alleged in the complaint that by reason of the negligence of the *Page 286 defendant the injuries received by plaintiff's wife were permanent, and rendered her wholly unable to per...
Views: 4
This appeal is before us from a judgment dismissing an action for lack of prosecution. The action is one for damages to real property, occasioned by reason of an overflowed sewer, and was brought in the year 1890. Issue was joined promptly, but the cause did not come to trial, and in the year 1898, upon motion of the city, the action was dismissed for laches in the prosecution. Two years after th...
Views: 5
Action to quiet title to a water right. Findings and judgment were for the defendants, and plaintiffs appeal from the judgment and from an order denying a new trial, and also from an order after judgment relating to costs. A former judgment in this case in favor of the defendants was reversed upon plaintiffs' appeal, and a new trial granted. The second trial was had upon the same pleadings, and th...
Views: 6
This is a proceeding by certiorari to review an order convicting the petitioner of a contempt of court. The return to the writ consists exclusively of a certified copy of the order adjudicating the petitioner guilty, with the recitals upon which it is based. It appears therefrom that the petitioner, as attorney for the San Diego Water Company in an action pending in the superior court, presented a...
Views: 3
The appeal is from a judgment in favor of the plaintiff and from an order denying defendant's motion for a new trial. The action was to recover damages for the refusal on the part of the defendant to furnish water to the plaintiff for the irrigation season of 1896 on tender by him of the regular rates therefor. 1. Defendant does not deny the refusal as alleged, but seeks to justify its action on t...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 318 Appeal from judgment for defendant, and from order denying plaintiffs' motion for a new trial. The appeal from the judgment was taken more than six months after the entry of judgment, and must be dismissed. The cause was before this court on a former appe...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 324 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 325 Action to recover four hundred and seventy dollars alleged to have been paid to defendants by plaintiff for th...
Views: 7
The judgment was for defendants, and plaintiff appeals from an order denying his motion for a new trial. This action was commenced April 8, 1895, to recover twenty thousand dollars on a contract alleged to have been entered into between plaintiff and John S. Doe on or about the first day of November, 1887, for a sale of the Invincible mine. The defendants pleaded subdivision 1 of section 339 of th...
Views: 4
Appeal by defendant from a judgment in plaintiffs favor and from an order denying defendant’s motion for a new trial. The action was brought to recover two thousand four hundred dollars claimed by plaintiff to he due from defendant *340 "for services rendered by plaintiff to defendant within two years last past, at the personal instance and request of defendant.” The points urged for a revers...
Views: 2
This was an action for damages for the conversion of certain barley and wheat situated at the time of the alleged conversion on the plaintiffs’ ranch .in Glenn county. In addition to the denials of 'the allegations of the complaint defendants "Whyler Brothers set up specially that prior to July, 1896, they were lessees of the land, on which the grain was grown, from defendant Speck, as agent of t...
Views: 2
This action was brought for the foreclosure of a mortgage upon certain mining property, executed to the plaintiff's assignor by the president and secretary of the defendant. The defendant denied its execution of the note and mortgage, and upon this issue the court found in favor of the plaintiff and rendered judgment accordingly. The defendant moved for a new trial upon the ground that the decisio...
Views: 5
Appeal from a judgment in favor of the plaintiff and from an order denying defendant's motion for new trial. The suit was brought to quiet the plaintiff's title to certain lands, consisting of a tract called the "Lindstrom tract" and an undivided interest in another tract. The defendant is an incompetent, and appears by guardian. The complaint is in the usual form. The case set up in the answer an...
Views: 13
There was offered for probate before the superior court of Glenn county an instrument asserted to be the last will and testament of Elvineigh M. Kendrick, deceased, executed upon April 16, 1894. Certain brothers, sisters, nephews, and nieces of the deceased contested the probate upon various grounds, and a trial was had before a jury, to which the court submitted two special issues: 1. Was the dec...
Views: 6
Action that plaintiff be adjudged entitled to the free use of a certain road; that the gate erected across the same by defendant be adjudged an obstruction, and that he be compelled to remove the same and be restrained from placing or maintaining across said road a gate or other obstruction; also for damages. Certain questions were submitted to a jury, the answers to which the court adopted as fin...
Views: 5
The appellant, who is the father of Fannie Marie Campbell, an infant of two years of age, applied to the lower court by petition to be appointed guardian of her person and estate, the last consisting of personal property of merely nominal value. The application was contested by the respondents, John and Mary Wright, the maternal grandparents of the minor, who made a counter application for the app...
Views: 8
This action was brought to recover of defendants a balance of eight hundred and ten dollars alleged to be due for goods, wares, and merchandise sold and delivered by plaintiff to defendants at their instance and request for the agreed price of eight hundred and fifty dollars. The case was tried before the court, findings filed, and judgment entered in favor of plaintiff for the sum of four hund...
Views: 5
This action was brought to recover money due for rent under the terms of a lease. A verdict was returned and a judgment was entered in plaintiff's favor for five hundred dollars and costs on the twenty-first day of January, 1897. A cost-bill was filed by plaintiff on the twenty-fifth day of the same month, claiming costs in an aggregate amount of four hundred and eleven dollars and thirty-nine cen...
Views: 1
Foreclosure. The court found on sufficient evidence that defendant and one Jacob Steigleman, for many years prior to April 25, 1876, and thenceforward were, and now are, husband and wife; that on July 9, 1892, defendant made and delivered her promissory note to her husband, and to secure the same executed at the same time a mortgage on certain four separate tracts of land; that long prior thereto,...
Views: 8
An action was commenced against the plaintiffs on behalf of the Abbey Land and Improvement Company et al. to enjoin them from doing certain acts, and an order for an injunction pendente lite having been made upon condition that they execute an undertaking to the plaintiffs herein in the sum of five hundred dollars, the *Page 397 defendants herein executed such undertaking, and a writ of injunctio...
Views: 6
This appeal is from a final judgment for respondent and from an order denying plaintiffs' motion for a new trial. The facts, as admitted, and as shown by the findings, are substantially as follows: *Page 403 On the twelfth day of April, 1888, the plaintiffs, being the owners of certain real estate in Oakland, Alameda county, made a written contract with one Williams, by which they agreed to sell ...
Views: 3
Action for divorce. On July 25, 1895, the trial court entered its final decree dissolving the bonds of matrimony theretofore existing between the parties. No mention was made in the decree of counsel fees or alimony. Subsequently, to wit, on October 1, 1895, a motion was served on defendant that plaintiff would, on October 4, 1895, move the court for an order awarding plaintiff counsel fees and al...
Views: 11
This action was brought to recover of defendants the sum of seventeen hundred and sixty-two dollars, balance due for sale of fruit by plaintiff to one Herbert during the year 1896. The complaint alleges that defendants willfully and fraudulently represented to plaintiff that they were backing Herbert in buying fruit, and that any contract that he might make with Herbert would be performed on his p...
Views: 4
Appeal by Caroline Weissich, a legatee under the alleged olographic will of Jacob (sometimes known as James) Behrens, deceased, from an order of the superior court of Santa Clara county denying the probate of the will. Grounds of opposition to the probate were filed by E.E. Cothran, Esq., appointed by the court as attorney for absent heirs, on behalf of Henry and Augusta Behrens, claiming to be br...
Views: 3
Ejectment. The land described in the complaint is a part of the Rancho de Las Putas, which was granted by the Mexican government, and for which a patent was issued by the United States in 1863 to Nicholasa Higuera de Berryesa and Anastasia Higuera de Berryesa. In 1853 these patentees, with their respective husbands, conveyed to I.N. Thorn and John Treat the entire rancho, "reserving and saving fro...
Views: 6
By reference to the notice of appeal herein we find that on the twenty-second day of October, 1897, the defendant appealed from a judgment entered in plaintiffs favor on the *428 twenty-fifth day of March, 1897. At th'e same time defendant also appealed from an order denying him a new trial, which latter appeal was on motion of plaintiff heretofore dismissed by this court. The action is broug...
Views: 3
The suit was brought for the sum of two thousand dollars and interest, alleged to be due on a promissory note, of date November 30, 1895, made by the defendant to the Moore Smith Lumber Company, and assigned by the latter to Frances J.P. Moore, and by her to the plaintiff. There was a verdict and judgment for the plaintiff, and the defendant appeals. No claim is made by the respondent to any righ...
Views: 5
This is an action to recover damages for personal injuries. Defendant appeals from the judgment and order denying a motion for a new trial. Defendant was engaged in the lumber business, and in connection therewith operated a railroad. Plaintiff was a passenger upon this railroad, traveling from the town of Scotia to Alton. The railroad was a single track road, and between these two points, while t...
Views: 4
This action was brought by the board of state harbor commissioners, in the name of the people of the state of California, to recover possession of a strip of land thirty feet wide lying along the southerly side of Channel street, in the city and county of San Francisco, and constituting a portion of said street, the same being located west of the east line of Fifth street. Defendants filed a demur...
Views: 7
The defendant was charged in the information with the crime of forgery in having, on the thirty-first day of January, 1899, willfully and knowingly uttered and passed as true and genuine a certain false, forged, and counterfeit power of attorney, with intent to cheat and defraud one Levy. He was convicted and judgment entered accordingly. This appeal is from the judgment and from an order denying ...
Views: 6
This action is upon a building contract entered into between plaintiff's assignor, J. Grover, and defendant, whereby Grover contracted to build for defendant a pumping plant for a stipulated price. Plaintiff avers that the contract was fully performed by Grover. Defendant denies that the plant was constructed according to the contract, or at all. Judgment was rendered for plaintiff, and defendant ...
Views: 5
Action to foreclose a street assessment lien upon defendants' land in San Francisco, for the work of grading the center roadway of Army street, from Pennsylvania *Page 468 avenue to Kentucky street, to a width of twenty-three feet. Judgment was entered for plaintiff, motion for new trial denied, and this appeal is from the judgment and order. An order was made by the trial judge substituting the ...
Views: 1
This is an action upon a policy of accident insurance. By said policy the defendant promised that it would pay the plaintiff the sum of two thousand dollars in the event of the death of her husband resulting from "bodily injuries sustained through external, violent, and accidental means." The husband died and the question upon this appeal is, Did he die from "bodily injuries sustained through exte...
Views: 7
Action to recover the value of certain sheep alleged to have been converted by defendant. The cause was tried by the court sitting without a jury and defendant had judgment, from which plaintiffs appeal on the judgment-roll. Plaintiffs claim under a chattel mortgage executed by Mariano Laurenz Co., to plaintiffs' testate to secure the *Page 476 payment of a certain promissory note made by the mo...
Views: 4
The case is an application for a writ of mandamus to the auditor of Tulare county, requiring him to issue to the plaintiff a warrant for the sum of eleven hundred and thirty-three and one-third dollars, the balance due on account of salary as supervisor and road commissioner for the period commencing with the first Monday in June, 1897, and ending with the first Monday in November, 1898. The plain...
Views: 2
These cases were submitted by stipulation, along with Ellis v. Jefferds, ante, p. 478, on briefs on file. The only difference between the cases is that the plaintiffs here are 'deputy officers, viz., Clark and De Witt deputy district attorneys, McPhail deputy county superintendent, and Bliss deputy county clerk. We do not, however, regard •this difference as material. Under section 173 of the a...
Views: 1
This is an appeal from an order denying plaintiff's motion for a new trial. The action is to quiet title to the premises in question situated in San Mateo County. In addition to the usual allegations in a complaint in such action, *Page 483 the plaintiff avers, among other things, that on the first day of April, 1872, B.S. Green, since deceased, then the husband of plaintiff was the owner and in ...
Views: 3
Application to set aside the judgment of disbarment. The petitioner was accused before the superior court of the county of Sacramento of the violation of his oath and duty as an attorney and counselor at law, and, after a hearing thereon that court entered its judgment August 15, 1895, permanently precluding him from practicing as such attorney or counselor in all the courts of this state. Upon an...
Views: 2
Defendant has been convicted of the crime of bigamy and appeals to this court. It is first insisted that the challenge to the panel of jurors should have been allowed. The challenge was based upon the claim that the sheriff who summoned the jurors was biased. This officer was placed upon the stand and examined at length as to his state of mind, and we will not here detail his evidence. It may be c...
Views: 23
This appeal is from a judgment in favor of plaintiffs and from an order denying defendant a new trial. The action was brought to recover damages caused by the excavation of First street in front of plaintiff's lot. Plaintiffs were the owners of a lot in the city of Los Angeles, bounded on the east. by Boylston street, on the west by an alley, and on the south by First street, said lot being a rect...
Views: 6
This action was brought to recover the value of personal property alleged to have been converted by defendants. The court filed findings upon which judgment was entered for plaintiff. This appeal is from the judgment upon the judgment-roll. The only point urged on this appeal is that the court failed to find upon the pleas of the statute of limitations set up in defendants' answers. It is alleged ...
Views: 2
Appeal from an interlocutory judgment in favor of the plaintiff for the partition of a tract of eighty acres of land referred to in the testimony and the briefs as the Jackson place. The case, briefly stated, is as follows: It is in effect found by the court that the plaintiff is the equitable owner of an undivided half of the Jackson place, and of certain water stock appurtenant thereto, under a ...
Views: 5
Plaintiffs sue as executors of the will of James G. Fair, deceased. The defendant is president of the board of trustees of Reclamation District No. 108 – lying partly in the county of Yolo and partly in the county of Colusa. Said district is a public corporation created for public purposes, the main object being the reclamation of swamp lands. (Pol. Code, sec. 3446 et seq.; People v. Reclamation D...
Views: 2
This action was brought for the purpose of having the court decree that the plaintiff is the owner of an undivided one-ninth interest in certain lands described in the complaint, and that defendant Mary Rooney holds the title thereto in trust for plaintiff. Findings were fined and judgment entered as prayed for in the complaint. This appeal is by Mary Rooney from the judgment on the judgment-roll ...
Views: 4
This is an action to obtain the cancellation of a decree of foreclosure of a mortgage, alleged to have been had through the mistake of plaintiff, and to obtain a decree foreclosing another mortgage given to secure the same indebtedness. Plaintiff had judgment, and the defendant Dow appeals from the judgment upon the judgment-roll. In December, 1890, defendant Loveland executed a mortgage to one L....
Views: 11
The facts of the case are substantially the same as those involved in Ashton v. Heydenfeldt, 124 Cal. 14. That was a suit brought for the recovery of certain shares of stock in the Zeila Mining Company, the property of the estate of Solomon Heydenfeldt, plaintiffs' testator, which had been distributed, under a decree afterward reversed, to the defendant Elizabeth, and by her assigned – it was alle...
Views: 2
Beatty, C.J., dissented from the order denying a hearing in Bank, and filed the following opinion on the 24th of December, 1900: I dissent from the order denying a rehearing because in my opinion the decision in Department overrules, without mentioning it, the case of Beeson v. Green Mountain Co., 57 Cal. 20. If the doctrine of that case is to be wholly set aside, I think it should be done by the ...
Views: 0
Unlawful detainer. Plaintiff had judgment, from which defendant Annie Perry appeals on the judgment-roll. Plaintiff's complaint proceeds upon the theory that defendants occupy the premises in question – a flat, No. 126 1/2 Noe street, San Francisco – as tenants at will of plaintiff. Defendants pleaded occupancy of the premises under an oral contract with plaintiff by which defendants were to live ...
Views: 8
Action to foreclose a lien for street work. Plaintiff had judgment, from which and from an order denying him a new trial defendant Patterson appeals. At the trial of the case plaintiff offered in evidence the certificate of the city engineer, which reads as follows: "No. 1722. San Francisco, March 31, 1896. "I hereby certify that a record in this office of certificate No. 597...
Views: 2
Appeal from the judgment and from an order denying a new trial. The action was for the recovery of the sum of four thousand dollars, the complaint containing two counts – one for money deposited, the other upon an account stated. The contention on the part of the defendant is that the four thousand dollars alleged to have been deposited by Archibald Nicholson in his lifetime with the defendant ban...
Views: 8
The plaintiff seeks by this action the foreclosure of a mortgage upon certain real estate executed by Rose Ann Watkins. The appellants herein were made parties defendant to the action, under the allegation that they claimed to have some interest in the land described in the mortgage, and that their interests, if any they have, are subject to the lien of the mortgage. The mortgagor suffered default...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 544 The Pacific Bank, being then insolvent, closed its doors on June 23, 1893, 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 at the ...
Views: 8
The plaintiff and appellant is the owner of a certain tract of land in San Mateo county, through which the waters of San Mateo creek flow in a natural channel. The defendant is a corporation conducting and carrying on the business of supplying the inhabitants of the city and county of San Francisco with water. It is charged in plaintiff's complaint that defendant is engaged in constructing a tunne...
Views: 3
This action is brought by the assignee of the real estate firm of Hooker Lent, and is based upon *Page 558 a broker's contract entered into by defendant April 10, 1897. The material parts of this contract are as follows: "For and in consideration of the services to be performed by Messrs. Hooker Lent. I hereby employ them as my sole and exclusive agents to sell for me that certain real property....
Views: 5
Appellant was convicted of murder in the first degree and sentenced to death. His appeal is from the judgment and from an order denying his motion for a new trial. The principal ground of the appeal is that the verdict is contrary to law and the evidence, and upon this point counsel contend that all the evidence – that introduced by the prosecution no less than the evidence of the defendant himsel...
Views: 3
F.A. Hihn Company, a corporation, and a creditor of said insolvent corporation, appeals from the order of sale of the property of said insolvent debtor. The first objection on the part of the appellant is that the petition of the assignee for the sale is not sufficient; that it does not allege that the property of the insolvent has been assigned to the petitioner; that it does not show a necessity...
Views: 4
Action against the constable of Wilmington township, Los Angeles county, and his bondsmen to recover damages for injuring the person of plaintiff while arresting him. The trial was by the court without a jury, and plaintiff had judgment, from which defendants appealed. The arrest was made in the town of San Pedro, and the court found that at the time plaintiff was "willfully and maliciously distur...
Views: 3
This is an appeal by two of the defendants, the Farmers’ Ditch Company and George D. Bliss, from the judgment and from an order denying their motion for a new trial. The case involves certain water rights in the Kaweah river. The Kaweah river is a natural watercourse which has its source in the Sierra Nevada mountains, and flows westerly into the San Joaquin valley and through Tulare county. At...
Views: 2
Appeal by the plaintiff from the judgment and an order denying his motion for a new trial. Defendants were the owners of three several tracts of farming land in Contra Costa county, and also of lots 7, 13, and 14, in block K, in the town of Concord, in said county, which lots are also referred to in the record as "the Neff property." Prior to March 31, 1895, defendants mortgaged two of the tracts ...
Views: 3
Defendant has been convicted of the crime of murder and sentenced to life imprisonment. He now attacks the evidence as not being sufficient to support *Page 593 the verdict. The killing is conceded, and self-defense was the plea at the trial. There was bad blood between these two men, and communicated threats of bodily harm had been made by both a short time prior to the homicide. The single eyew...
Views: 8
A motion has been made to dismiss the appeal from the judgment in the above-entitled action, based upon a stipulation signed by certain attorneys of this court, representing themselves as attorneys respectively for the appellant and respondent. No transcript on appeal has been filed, nor has the moving party presented any certificate from the clerk of the superior court from which it can be deter...
Views: 1
Appeal by the defendant Rohrbough from an order made on the application of the defendant, Frankie White, directing the issue of a writ of assistance. The case, stripped of immaterial circumstances, is this: In a suit brought by the plaintiff against the defendant, Mrs. White – in which she had filed a cross-complaint – an interlocutory judgment was entered in her favor for divorce; and afterward, ...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 602 The defendant has been convicted of the crime of burglary, and appeals to this court. The information charged that defendant entered "the basement room of a certain store, with intent to commit arson." It is now claimed that the pleading does not state th...
Views: 4
Quo warranto. The complaint alleges that defendant is illegally claiming to be and acting as a reclamation district, and that the organization of defendant was unlawful, and that it never became a reclamation district. A general demurrer was overruled and defendant answered, alleging the regular formation of defendant as a reclamation district on the eighth day of September, 1893, under the provis...
Views: 7
This is a suit to recover the price of goods sold. Plaintiff had judgment, and defendants appeal from the judgment and from an order denying a new trial. The claim on the part of appellants is that the action was commenced before payment was due, and their evidence is to the effect that the goods were sold on thirty, sixty and ninety days’ time, as evidenced by three promissory notes executed a...
Views: 1
Appeal by defendant Karnes from an order refusing to set aside a sale of mortgaged premises under a decree of foreclosure. Judgement in the foreclosure action was entered November 19, 1896, against the appellant Karnes and others. On April 8, 1897, the appellant took an appeal to this court from the judgment, by giving and serving notice of appeal and filing a three-hundred dollar undertaking, whi...
Views: 1
This is an appeal from a decree settling the sixth account of one of the executors, and the appellant, as execute and legatee, seeks to reverse the order or decree as to the allowance of the sum of six thousand dollars for legal services rendered the executors. The attorney was employed in 1891 with the understanding that he should render such services as the executors might require, and that he s...
Views: 13
This is an action to foreclose a mortgage executed to plaintiff by the defendant Michael Ryan. Other persons were made defendants as claiming some interest in the property. Judgment of foreclosure was entered March 1, 1897, and the mortgaged premises were sold by a commissioner appointed for that purpose on June 7, 1897, to plaintiff. On December 4, 1897 – nine months after the entry of the judgme...
Views: 8
Action to recover damages for the publication of a libel by defendant in his newspaper, the "Examiner." The jury returned a verdict for plaintiff in the sum of two thousand six hundred and fifty dollars, for which amount judgment was rendered. Defendant appeals from the judgment and from an order denying his motion for a new trial. No exception is taken to any ruling of the court below at the tria...
Views: 6
The plaintiff seeks to acquire by condemnation a right of way over certain lands of the defendant for a public road. It is shown by the complaint that a sufficient petition for laying out a public road was presented to the board of supervisors of the plaintiff, and that viewers were thereupon appointed, and that their report was afterward *Page 633 approved by the board, and the amount of damage ...
Views: 4
The plaintiff brought this action against the defendant for a divorce, and set forth in his complaint certain conduct by her which he alleged had caused him great suffering and grievous mental anguish. The conduct with which the defendant was thus charged was that she had at a certain date clandestinely visited the house and home of another man during the absence of his family, and had secretly re...
Views: 0
This is an action for a partition of certain described land. The defendants, Rosa Rovegno and Jiacoma Rovegno, appeal from an order denying their motions for a new trial. The only point which they insist on for a reversal of the order is that the court below erred in denying their demand for a jury. Whether or not certain issues in the case were of such a character as to give to appellants the gen...
Views: 1
The defendant has been convicted of the crime of murder of the second degree, and appeals to this court. It is earnestly insisted that the evidence does not warrant a conviction. The evidence was purely circumstantial, and the salient facts are these: One Joseph Hunter, a constable, lived in a four-room house near the public road, some three miles distant from the city of Los Angeles. The defendan...
Views: 3
The complaint alleges that the defendant embezzled and fraudulently misapplied and converted to his own use the sum of twelve hundred and seventy-one dollars and ninety-four cents, which had come into his hands in the course of his employment as the agent and clerk of the plaintiff, and the complaint prays that judgment against the defendant may be had in said sum and for costs of suit; and *Page ...
Views: 2
Action on a contract. Defendant demurred to the complaint for insufficiency of facts, and also for the reason that the action is barred by section 336 of the Code of Civil Procedure. Defendant had judgment, from which plaintiff appeals. The complaint alleges that on May 12, 1890, one Matthew Lennox obtained a deficiency judgment for the sum of six hundred and twenty-eight dollars and sixty-six ce...
Views: 1
Plaintiffs telegraphed to W.B. Dennis, at St. Louis, asking him to telegraph them the lowest cash price for two hundred and twenty tons of forty-pound steel rails. The message was correctly delivered, and in answer thereto Dennis telegraphed to plaintiffs the price to be thirty-seven dollars per ton. This dispatch was delivered in due *Page 660 time, but when delivered it read twenty-seven dollar...
Views: 3
After judgment had been entered against the respondents in this action upon their default, they made application to the court to have the judgment set aside and leave granted them to answer, upon the ground that their default and the judgment entered thereon was taken against them through inadvertence and excusable neglect; and in support of their motion presented affidavits setting forth the fact...
Views: 11
This action was brought to recover four thousand eight hundred dollars and interest, balance due on an alleged sale of cattle by plaintiff to defendant made November 6, 1892. The jury returned a verdict for plaintiff for the amount claimed, and judgment was rendered accordingly. Defendant appeals from the judgment and from an order denying its motion for a new trial. The transcript presents a d...
Views: 0
Defendant was jointly indicted with one J.A. Warren, Jr., for grand larceny, and convicted. This appeal is from the judgment and an order denying a new trial. It is conceded that the evidence is sufficient to sustain the verdict. Defendant contends that the indictment did not describe the property alleged to have been stolen with sufficient certainty. The description has been held sufficient in Pe...
Views: 2
The defendant was convicted of the crime of grand larceny, and has appealed from the judgment and from an order denying his motion for a new trial. It is conceded that the evidence was sufficient to justify the verdict, but certain errors are urged which we will notice in the order presented in defendant's brief. It is claimed that the indictment does not state facts sufficient to constitute a pub...
Views: 10
This is an application for a writ of prohibition to prevent the respondent court and the judge thereof from enforcing obedience to a decree and writ of injunction issued pursuant thereto. From the petition and papers it appears that on July 18, 1899, one J.C. Green, as plaintiff, commenced an action in said superior court against the said board of education and the members thereof, to obtain an in...
Views: 11
Action to recover damages for taking possession of a strip of land one hundred feet wide and constructing thereon a railroad track. Defendant demurred to the complaint for want of sufficient facts, and also averring that *Page 9 the action is barred by sections 318 and 319, and subdivision 2 of section 338, and subdivision 1 of section 339 of the Code of Civil Procedure. The demurrer was sustaine...
Views: 7
Ejectment. The defendant had the verdict of the jury and judgment thereon. Plaintiff appeals from the judgment and from an order denying his motion for a new trial. Appellant claimed title to the premises under an execution sale made upon a judgment rendered in the case of McCombe v. Green and Wife. It was admitted *Page 13 that a United States patent had issued to said Green for the land in cont...
Views: 1
The transcript shows two appeals by A.C. Freese, administrator of the above estate – one from an order of the court made September 26, 1898, and filed on the 30th of said month, settling the final account of the administrator; and the other, made and filed at the same time, setting apart the residue of the estate to the minor heirs, William E. Hickey and Francis T. Hickey. No objection is made to ...
Views: 3
Among other things, it is alleged in the complaint that plaintiff has continuously, since the first day of June, 1894, at the instance and request of defendant, kept and cared for the insane wife of defendant, providing for her suitable boarding, lodging, clothing, washing, medicine, and medical and other attendance, the reasonable value of which is twelve dollars per week, and one hundred dollar...
Views: 3
Plaintiff sues to recover for boarding and clothing the insane wife of defendant from June 28, 1891, to June 2, 1894. Plaintiff recovered judgment, and this appeal is from the judgment and an order refusing a new trial. The first contention is that the evidence was insufficient to sustain the finding that the service was rendered on the credit of defendant. It is argued that it does not appear tha...
Views: 4
This is an action brought by plaintiff against defendant Loofbourow for printing and binding a certain book, and against defendant Spencer as guarantor that Loofbourow would perform his part of the contract between him and plaintiff touching the printing, etc., of said book. Judgment went for plaintiff against both defendants for six hundred and sixty-four dollars and fifty cents, the amount due ...
Views: 3
The action was brought against defendant McInerney to dissolve a copartnership, and for an accounting. Plaintiff also asked that certain property be declared to be partnership property, and be distributed between plaintiff and defendant as partners. McInerney answered and denied the existence of the partnership and all allegations made by plaintiff in respect thereto. In this state of the pleading...
Views: 4
Information for assault with intent to commit rape. The jury returned a verdict of guilty as charged in the information, and judgment was entered thereon that defendant be imprisoned at Folsom for the term of eight years. The appeal is from the judgment and from the order denying defendant's motion for a new trial. 1. It is contended that the verdict was contrary to the evidence. It appears that t...
Views: 5
The court sustained a demurrer to the complaint, and judgment was entered for defendants. This appeal is from the judgment and for the purpose of reviewing the order sustaining the demurrer. The action was brought by plaintiff, as a taxpayer, for the purpose of enjoining the board of supervisors of Los Angeles county from allowing or ordering a warrant drawn, the auditor *Page 37 of the county fr...
Views: 10
Action to quiet title. Findings and judgment were for the plaintiff, and the defendant appeals from the judgment and from an order denying a new trial. The complaint was in the usual form, alleging that the plaintiff is the owner in fee simple of the described lot, that defendant claims an interest therein adverse to the plaintiff, and that her claim is without right, etc. The answer denied these ...
Views: 1
This is an action on a promissory note and to foreclose a mortgage executed by the appellant Shortridge to the defendant Herbert S. Hall, who indorsed and delivered said note and assigned said mortgage to plaintiff. The defendants, other than Shortridge, made default. Shortridge demurred to the complaint for want of facts and on the ground that it was uncertain in its allegations as to nonpayment....
Views: 3
Appeal from a judgment for intervenor in a suit for the recovery of personal property levied upon by defendant, as sheriff, under attachment in favor of plaintiff against third party. The findings are unusually full and explicit, but in the conclusions of law the word "plaintiff" is inadvertently used for "intervenor," which is the ground urged for reversal. (Doughertyv. Ward, 89 Cal. 81.) We reco...
Views: 2
Claim and delivery to recover possession of five hundred sacks of wheat, or their value. The defendant had judgment and the plaintiff appeals therefrom and from an order denying his motion for a new trial. The only point made by appellant and upon which he rests his case is that the evidence is insufficient to justify the decision. Bespondent makes the point that the sufficiency of the eviden...
Views: 1
The suit was brought to enjoin the defendant from diverting water flowing in a pipe to the land of the plaintiff, and to quiet plaintiff's title to the same. The judgment was for the defendant, and the appeal is from an order denying a new trial. The plaintiff is the owner of a piece of ground known as the Doyle place, which for many years has been supplied *Page 48 with water by means of an iron...
Views: 5
Plaintiffs sued to recover a balance due upon the following contract alleged to have been entered into by plaintiffs and defendant on the day of its date: "Agreement between the Pacific Can Company and Fontana Co., both of the city and county of San Francisco. "That the former shall sell to the latter two hundred and fifty (250) shares of the capital stock of the Pacific Can Company, at two hundr...
Views: 7
Appeal from an order denying defendant's motion to dissolve an injunction pendente lite restraining defendant "from stopping the flow in the North Riverside and Jurupa canal of the water of the hereinafter named persons and plaintiffs, and from interfering in any way with the distribution *Page 60 and delivery of the said water to the said persons, and from in any way preventing the said persons ...
Views: 2
This is a mechanic's lien foreclosure case. The defendant Walker, the owner of the building, had judgment on the theory that his contract with the contractors, his codefendants, was valid under the statute, and that a memorandum thereof had been duly recorded, and that nothing remained due thereunder to the contractors. The plaintiff appeals *Page 64 from the judgment and from an order denying it...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 70 This case was decided in Department, the opinion being written by Mr. Commissioner Britt. A rehearing was granted solely because it was thought by some members of the court that the complaint stated a cause of action for damages for deceit – it having been...
Views: 11
James Porter died intestate in the county of Sonoma in November, 1897, leaving an estate consisting of real and personal property, the latter being more than sufficient to pay all debts and liabilities of the estate and the costs and expenses of administration. He left, however, no known heirs, relatives, or other person who would be entitled to inherit his estate, and the court so found. The cour...
Views: 8
The appeal in this case is taken from the judgment, as well as from the order denying plaintiff's motion for a new trial. This judgment was entered on the twelfth day of August, 1897, and the notice of appeal served August 2, 1899, nearly two years after the rendition of the judgment. This court, therefore, cannot entertain the appeal from the judgment. The order denying the plaintiff's motion for...
Views: 10
The plaintiff is a national banking association, organized and existing under and by virtue of the laws Of the United States, and having its principal place of business at the city and county of San Francisco. It brought the present action to recover from the defendant the sum of eight thousand two hundred and ninety dollars, paid by it under protest for taxes assessed and levied upon certain pers...
Views: 2
I concur in the judgment and generally in the foregoing opinion, but an unwilling to assent to the view intimated therein that Judge Ogden could have called in another judge of his own selection without the consent of the parties. The course that should have been pursued was that originally proposed by Judge Ogden, viz., to send the cause to Judge Green's department, not because the case was gover...
Views: 0
Action against defendants as sureties on a bond executed by one A.J. Newton for the faithful performance and accounting to plaintiffs by him as consignee of certain goods. Plaintiffs had judgment, and defendants appeal from an order denying their motion for new trial. 1. It is contended that the complaint does not state a cause of action because it fails to show that plaintiffs were *Page 109 cop...
Views: 0
Action for personal injury. Jury trial was waived;- the trial was -by the court, and defendant had judgment. The appeal is from the judgment and frorh the order denying plaintiffs motion for a new trial. The injury occurred at the crossing of Aliso and Alameda streets in the city of Los Angeles. A team of horses, owned by defendant, was being *115 ■driven by an employee of defendant along Alame...
Views: 2
Defendant was convicted of an assault with intent to commit rape. He appeals from the judgment and from an order denying his motion for a new trial. The evidence shows that the person upon whom the alleged assault was made was a girl under sixteen years of age; that she went voluntarily to the room of defendant by previous appointment, and made no resistance. 1. It is claimed that the verdict is c...
Views: 12
Action by an employee against his employers to recover damages for personal injury claimed to have been sustained through their negligence. The defendants claimed that the injury was the result of plaintiff's carelessness. The cause was tried by the court and plaintiff had judgment. Defendants move for a new trial, and the appeal is from the order denying the motion. Some objections are made to th...
Views: 16
The controversy in this action grows out of a schism in the Church of the United Brethren in Christ, occurring at the general conference of the church at York, Pennsylvania, in the year 1889. The Church of the United Brethren originated in a voluntary association of Protestants of various denominations at some period during the eighteenth century; and its original creed was simply that of the orth...
Views: 6
Divorce on the ground of extreme cruelty. Plaintiff had judgment, from which defendant appeals. She also appeals from sundry orders hereinafter referred to. There is no brief for respondent. The record is in a very unsatisfactory condition, and it has been with much difficulty that we have been able to unravel its perplexities and ascertain just what alleged errors are properly before us. The reco...
Views: 10
Suit to determine the right to the water running in a stream known as "Rattlesnake creek." Judgment awarding one-half the water to plaintiff and one-half to defendant. Plaintiff made a motion for a new trial, which was denied, and he appeals from the judgment and order denying his motion. Defendant in his answer claimed and set forth that he had been in the adverse possession and use of all the wa...
Views: 2
This action was brought by the administrator with the will annexed of the estate of Mary B. Toland, deceased, for the purpose of having the probate court instructed as to what distribution shall be made of the estate *Page 150 under the will. There is a general averment in the complaint that differences exist between plaintiff and the defendants and among the defendants themselves, by reason of w...
Views: 13
The respondent has moved to dismiss the appeal herein upon the ground that the undertaking on appeal provides only that the appellants will pay all damages and costs which may be awarded against them on the appeal, and does not contain the clause "or on a dismissal thereof," *Page 158 which is required by section 941 of the Code of Civil Procedure. Before the hearing upon the motion the appellant...
Views: 3
This is an action on a note and to foreclose certain grant deeds of land given by way of mortgage to secure the payment of said note. Defendants appeal from the judgment. The complaint shows that defendants jointly executed to plaintiff a note for thirty-three thousand one hundred and nineteen dollars and fifty-eight cents, and thereafter, as security for the payment of the same, defendants convey...
Views: 3
This is an appeal from an order dissolving an attachment. From the affidavits and exhibits used on the motion to dissolve the attachment, embodied in the bill of exceptions, it appears that the defendants reside in and do business in the city and county of San Francisco; that the plaintiffs reside in the city of New York, and are engaged in the business of manufacturing hats in said city; that on ...
Views: 2
The demurrer to the complaint was sustained, and the appeal is taken from the judgment entered thereon. The sufficiency of the complaint is the only question presented on appeal. It is contended on the part of the appellants that the action is for the recovery of damages for a conspiracy between defendants to injure plaintiffs. The case cited and relied upon to support this theory is Dreaux v. Dom...
Views: 12
This is an appeal by the contestants, claiming to be heirs of said deceased, from an order and decree of distribution distributing the whole of the residue of said estate to respondent Mary T. Wall, and also from an order denying the motion of said contestants for a new trial in said matter. W.T. Sheid died intestate March 9, 1896, in San Luis Obispo county, leaving an estate therein consisting of...
Views: 2
It is alleged in the complaint herein that the defendant represented to the plaintiff that a certain street sweeping machine was in every respect first-class and well adapted for sweeping streets, and had been thoroughly tested as such and found satisfactory; that by reason of such representations the plaintiff was induced to enter into a contract with the defendant, whereby the defendant promised...
Views: 4
In March, 1897, the defendant, under and by virtue of a franchise granted to it by the city of Los Angeles, constructed and has since maintained and operated by electricity a double track street railroad along several streets in said city, including a portion of Seventh street. In August of that year the plaintiff, to whom the city had previously granted a franchise to construct and operate a str...
Views: 3
Action to enforce the lien upon real estate created by a contract entered into by plaintiff and her husband to live separate and apart. Plaintiff had judgment, from which defendant appeals. The record is here on bill of exceptions. On April 9, 1891, plaintiff and her husband, H.M. Higgins, entered into an agreement to live separate and apart, and H. agreed therein to pay plaintiff a certain annuit...
Views: 2
Respondent insists that the appeal in this case should be dismissed on the ground that there was no service of the notice of appeal. The appeal is taken from an order made by the Superior court of Mendocino county, September 21, 1897, setting aside so much of a sale under a decree of foreclosure and sale as embraced the land included in the mortgage of Costigan and not included in the mortgage bel...
Views: 4
Action for the foreclosure of a mortgage. The appellant was made one of the defendants under the allegation that he claimed some interest in the premises, hut that his claim is subordinate and subject to the lien of the mortgage. The mortgage was executed to the plaintiffs assignor March 30, 1893, and on March 7, 1894^ the mortgagor conveyed the mortgaged premises to the appellant’s codefendant, ...
Views: 4
The plaintiff seeks by this action to recover from the defendant as a stockholder in the Standard Gold Silver Mining Company, a corporation, a certain sum of money as and for his proportion of the indebtedness of the corporation. Judgment by default for the amount claimed was entered against the defendant, and he has appealed therefrom upon the ground that the complaint fails to state a cause of ...
Views: 0
On the trial of the main case (S.F. No. 1343) plaintiff's counsel asked leave of the court to amend his complaint in certain particulars, and, there being no objection, the court allowed the amendment to be made. The amendment consisted in changing one to four in the second count, so that the claim for services would be four thousand seven hundred and fifty dollars, instead of seventeen hundred an...
Views: 5
This case seems to be on all fours with Perkins v. Fish,121 Cal. 317. Plaintiff held a certificate of membership in the Mutual Endowment Association, which assumed to be and was doing business in the style of a corporation. The association went through the form of incorporation, and the defendants, who were its directors, still contend that it was a corporation de jure and de facto. Articles of in...
Views: 0
This is a proceeding in equity to set aside an order granting a family allowance in the matter of the estate of Theodore L. Schell, deceased, and an order authorizing the sale of the real property of said estate for the purpose of paying said family allowance, and for general relief. From the facts found the court, as a conclusion of law, held that the mortgages given to secure the indebtedness he...
Views: 8
This is an action for damages arising from an alleged breach of a contract concerning water rates. The plaintiff had judgment in the court below for the sum of seven thousand two hundred dollars and costs of suit. The appeal is taken from said judgment and from the order denying defendant's motion for a new trial. The first point made by the appellant is that the contract in question is void for u...
Views: 12
Appeal from an order refusing to dissolve a. preliminary injunction restraining the defendants “from entering in and upon the mining claim of the plaintiff [called the “Marryatt mine”], and from mining and working thereon, and from taking and removing any gold and gold-bearing earth and rock therefrom, and from in any manner trespassing thereon.” The injunction was issued without notice on the ...
Views: 1
Suit to quiet title. The complaint sets forth that in the year 1884 Gaetano Beronio, Sr., was the owner of the land involved in the action, and built thereon a two-story brick building for the purpose of conducting therein a general merchandise store and hotel. He was at that time unmarried, and with his servants conducted said business and hotel until December 29, 1886, when he married, and there...
Views: 7
Action on promissory note. Defendants demurred to the complaint; the demurrers were sustained, and plaintiff declining to amend, defendants had judgment, from which plaintiff appeals. The grounds of the demurrers were insufficiency of facts, defect and nonjoinder of parties defendants, and the statute of limitations. The note sued upon was in form the joint note of eight persons. Three of these jo...
Views: 2
This is an appeal from an order refusing to hear the motion of the defendants to tax the cost bill filed by the plaintiff. The defendants within the proper time served on the plaintiff a notice that they were dissatisfied with the cost bill filed by the plaintiff, and that they would move the court to strike out certain items therein, and to retax said costs. The hearing of the matter was continue...
Views: 3
Motion to dismiss the action and judgment of dismissal thereon, from which plaintiffs appeal. The complaint was filed August 29, 1890 the object of the action being to have the judgment referred to in the complaint set aside and to have the court grant the water company plaintiff herein, a new trial. On April 2, 1891, defendants appeared *Page 248 by general demurrer. The hearing of the demurrer ...
Views: 1
The defendant appeals from the judgment and from the order denying a new trial. In support of its appeal it is contended on behalf of the appellant: 1. That some of the material findings of fact are unsupported by the evidence; 2. That the court erred in deducing erroneous conclusions from the facts found. The action is based upon a policy of life insurance. The policy recites that the said compan...
Views: 4
Defendant was informed against by the district attorney of Sacramento county for the crime of murder and was tried and convicted of murder, in the first degree. He thereupon moved for a new trial, which was denied, *Page 260 and he was sentenced to death by hanging. From the judgment and order overruling his motion for a new trial the defendant prosecutes this appeal. The evidence discloses that ...
Views: 11
Action on promissory note for five hundred dollars, dated July 1, 1895, and payable six months after date, executed by defendant Hutson to defendant the mining company, and sold to plaintiff before its maturity. Plaintiff had judgment, from which defendants Maud and Newman appeal and come here on bill of exceptions. It appears that plaintiffs sent the note to the Orange Growers' Bank of Riverside ...
Views: 3
Action to enforce a street assessment lien. Plaintiff recovered judgment, and defendant has appealed from the judgment and from an order denying his motion for a new trial. The common council of the city of San Diego ordered that the portion of Fourth street, on the east side of the center line *Page 274 thereof, from the south side of Ivy street to the south side of University avenue, be graded ...
Views: 1
Appeal from an order denying a motion to change the place of trial. Plaintiff is the proprietor of a water ditch, situate partly in Fresno county and partly in *Page 278 Kings county, through and by means of which it takes and supplies to its stockholders water which it has appropriated from Kings river for the irrigation of their lands situated along the line of the ditch. In 1894 the defendant ...
Views: 7
The plaintiffs are the surviving widow and infant child of Alexander D. Cameron, deceased, and recovered judgment herein against the defendant in the sum of ten thousand dollars damages for the death of the deceased, resulting from the negligence of the defendant. From *Page 280 this judgment and an order denying a new trial the defendant has appealed, bringing the case here upon the judgment-rol...
Views: 4
The appellant, as plaintiff, sues as assignee of a contract for contingent fees in a divorce suit. The contract in question is as follows: "I hereby retain and employ J.H. Long, Esq., as my attorney, to act for me in all matters arising or growing out of any divorce proceedings or separation with my husband, M.T. Freitas, or in regard to the settlement of may community property rights, or to act f...
Views: 20
Appeal from a judgment against the plaintiff and from an order denying a new trial. The suit was brought to recover various sums of money, set up in as many counts of the complaint, and aggregating twenty-eight thousand five hundred and twenty-eight dollars and forty-four cents. One of these counts was for a small amount alleged to be due on a promissory note made by the defendant corporation to t...
Views: 6
The court below sustained defendant's demurrer to the complaint, and, the plaintiff declining to amend, judgment was entered thereon in favor of defendant, and the question presented on this appeal is as to the sufficiency of the complaint. Among other things, it is alleged that the plaintiff is the owner of certain property in the city of Los Angeles known as the Henne block, and that for the fis...
Views: 4
This case is before us on the application of the appellant for a supersedeas. The purpose of the action is to determine certain water rights as between the parties. Plaintiffs had judgment, from which defendant appealed, and gave the statutory appeal bond in the sum of three hundred dollars. By the judgment one of the plaintiffs was *Page 301 given the right to lay a certain pipe line through pre...
Views: 4
The action was brought to recover money alleged to be due by written contract. The judgment was for the plaintiff. The points relied on for reversal are insufficiency of the complaint and of the findings, and error in sustaining demurrers to two affirmative defenses set up in the answer. In the view we take of the case it will be unnecessary to consider any but the last of these grounds. At the da...
Views: 10
The defendant was tried upon an information charging assault with intent to commit murder. He was convicted of the crime of assault with a deadly weapon. Upon appeal to this court it was held that the verdict was a nullity, as the offense of which the defendant was convicted was not an offense included within the information upon which he was tried. (People v. Arnett, 126 Cal. 680. ) Upon the seco...
Views: 8
Judgment herein was rendered in favor of the plaintiff and against the defendant April 23, 1897, and was entered of record April 26th. May 25th the defendant gave notice of a motion to vacate and set aside the judgment, upon the ground that it was rendered through mistake, inadvertence, and excusable neglect on his part, accompanying the same with certain affidavits in its support. At the hearing ...
Views: 26
This proceeding was brought for the purpose of obtaining a writ of mandate to compel the defendants, in their official capacity as the board of trustees of the city of San Mateo, to issue a license to petitioner for the sale of liquors at retail within said municipal corporation. After trial judgment was entered in favor of petitioner that the writ issue as prayed for. This appeal is from the jud...
Views: 2
Action to foreclose a mortgage executed February 12, 1895, by defendant Etchepare to plaintiff. Leonis was made a party defendant upon the averment that she claimed some interest in the mortgaged premises "subsequent to and subject to the lien of the plaintiff's mortgage." Etchepare suffered default. Leonis answered, averring that she was the owner of the premises on and prior to July 31, 1894, an...
Views: 3
This action is based on a promissory note alleged to have been made by the corporation defendant *Page 323 to the plaintiffs. The answer contains specific denials of certain averments of the complaint and also certain affirmative allegations which, if true, constitute a defense to the action. Judgment went for the plaintiffs, and the defendant appeals from the judgment. The defendant contends tha...
Views: 12
A demurrer was sustained to plaintiff's amended complaint and judgment entered for defendant. *Page 326 This appeal is from the judgment and for the purpose of reviewing the order sustaining the demurrer. The complaint alleges in substance as follows: That plaintiff was at the general election held in 1894 duly elected to the office of justice of the peace in the township of Suisun, county of Sol...
Views: 2
Appeal by the defendant from an order denying a motion to set aside his default and the judgment entered against him after his demurrer to the complaint had been overruled. After the court had denied this motion the defendant took an appeal from the judgment, and also took a separate appeal from the order—the appeal from the judgment being case Ho. 709, and that from the order being Ho. 739. Al...
Views: 1
I have no doubt but that under the evidence disclosed by the record in this case the petitioner is insane within the meaning of that word as used in the law applicable to our state hospitals. But conceding that to be his mental condition, it is not necessarily a bar to his prosecution for the commission of a crime. The insanity which demands that a person at large should be confined in an asylum ...
Views: 0
I dissent. In the Australian ballot law a declaration is found defining what constitutes a political party within the purview of the act; and then it is further declared that those parties are entitled to hold political conventions and nominate candidates for office. The vital element going to make up a political party under that act is that it shall have polled three per cent of the entire vote c...
Views: 0
Plaintiffs brought this action to quiet their title to three mining claims known as the Compromise, Handy, and Sixteen to One, situate in Calico mining district, San Bernardino county. Findings and judgment were for the plaintiffs, and defendant Barkley appeals from the judgment and from an order denying his motion for a new trial. Defendant McMillan answered, disclaiming all interest in the prope...
Views: 5
The superior court made an order striking from the files the notice of intention to move for new trial. The respondents contend that the notice of intention was too late: 1. Because filed more than six months after judgment; and 2. Because filed more than ten days after actual notice of the decision. 1. On the first point it is contended that by the expiration of the time allowed for appeal a judg...
Views: 7
This action was brought by the county of Kern against Charles A. Lee, the county recorder of said county, and the sureties on his official bond, to recover eight hundred and twenty-eight dollars and sixty cents alleged to have been received by said recorder for recording notices of mining locations and proofs of labor thereon, between the first day of July, 1899, and the commencement of this actio...
Views: 3
Defendant was convicted of being an accessory to the crime of grand larceny. Section 32 of the Penal Code under which he was convicted reads as follows: "All persons who after full knowledge that a felony has been committed conceal it from the magistrate or harbor and protect the person charged with or convicted thereof, are accessaries." The aforesaid section is not as plain and explicit as it mi...
Views: 10
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 369 The plaintiff recovered judgment for the sum of eight hundred dollars, with interest from April 16, 1892, and costs – the principal sum adjudged being the amount of the consideration paid by the plaintiff to the defendant on a contract of the date named w...
Views: 18
Mandamus. The plaintiff asks the peremptory writ of the superior court of Fresno county commanding defendant, as treasurer of said county, to pay plaintiff, as the owner of all the lands in reclamation district No. 647, the amounts found to be due it out of the moneys in his hands to the credit of the swamp land fund of said county. Defendant demurred to the complaint for insufficiency of facts. T...
Views: 1
Action to enforce a street assessment for grading Greenwich street from Polk to Franklin street. Judgment went for plaintiffs, from which and from an order denying a new trial the defendant appeals. We see nothing in the record to overcome the prima facie case made by respondent by the introduction of the assessment, warrant, and. accompanying documents. There are some affidavits printed in t...
Views: 4
This appeal is from a judgment rendered against the sureties on an undertaking given to secure a stay of proceedings on appeal to the supreme court, after notice, and in pursuance of a stipulation contained in the undertaking. The appeal is by the sureties. The undertaking was given on appeal from a decree of final distribution in the above estate dated July 27, 1896. The appeal was taken November...
Views: 16
Appeal from a judgment for the defendant and an order denying a new trial. The action was brought to recover the sum of three hundred and forty dollars for services rendered by the plaintiff in effecting a sale of defendant's land. On the trial the court refused to hear evidence of the contract on the ground it was not in writing. The cases comes directly under the provisions of section 1624, subd...
Views: 6
Appeal from judgment on the judgment-roll and a bill of exception. The facts are substantially as follows: On the 25th of August, 1897, one Lutge entered into a written agreement with the "Long Beach city school district" *Page 393 in Los Angeles county to furnish material and build a public schoolhouse in the town of Long Beach upon the premises described in said agreement for the sum of eleven ...
Views: 9
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 399 The defendants are the trustees of the town of Etna, in Siskiyou county. In May, 1898, the plaintiff presented to said trustees a petition for a franchise to erect and maintain poles and wires along the streets of said town for the purpose of conveying el...
Views: 3
In July, 1892, proceedings were taken by the board of supervisors of Glenn county to lay out and establish a public road, in part over lands of the defendants, and the viewers awarded to the defendants, as nonconsenting landowners, damages in the sum of one thousand and ten dollars, and an order was made setting aside that sum out of the funds of the proper road district. At the time there was not...
Views: 10
This action was brought to annul an order issued by the board of trustees of said school district to the county superintendent of schools, requiring him to draw a requisition upon the county auditor to draw a warrant against the high school fund for the amount of nine hundred and twelve dollars and eighteen cents "in favor of Theodore Lutge, or order, on account of and in full of third installment...
Views: 5
Foreclosure. On February 23, 1892, one Wilson made his promissory note to plaintiff, payable February 3, 1893, and to secure its payment he executed his mortgage, of even date with the note, to foreclose which this action was brought on June 9, 1897. Defendant Hammond made default, and plaintiff dismissed the action as to defendants Wilson, Howe, and Hogan. Plaintiff had judgment, and defendants J...
Views: 6
This action was commenced in the superior court of Fresno county by the American Savings and Loan Association, a corporation having its place of business at Minneapolis, in the state of Minnesota, to foreclose a mortgage executed by John A. Barker and wife upon property situate in Fresno. Prior to the commencement of the action defendant W.H. McKenzie became the owner of the mortgaged property, an...
Views: 3
Upon January 10th certain creditors of one Whipple filed a petition asking that he be adjudged an insolvent debtor. It was asserted therein that Baily was one of the creditors, and as such creditor he made affidavit to the petition. Thereafter, January 14th, for reasons not apparent in the record, a second petition was filed, and a demurrer to this petition being sustained, an amended petition the...
Views: 1
This action was brought to recover for services rendered as an attorney at law. Defendant filed a counterclaim and cross-demand, alleging damages accruing by reason of legal advice negligently given. The action has been before this court upon two previous occasions, but the point now raised by this appeal is presented for the first time. The cross-demand for damages set forth in defendant's answer...
Views: 11
This is an appeal by plaintiffs from an order of the court granting defendants' motion for a new trial. The action was instituted by plaintiffs to recover possession of certain mineral land, for an injunction restraining defendant from extracting ores, and for damages. The following facts were disclosed without conflict in the evidence: On the tenth day of October, 1898, the defendant St. John and...
Views: 4
This is an action to enforce a lien against certain land of the defendants Adeline B. Park and her husband, William Park, alleged to have been created by a certain instrument in writing made by and between plaintiff and one Perrin, who was said defendants' predecessor in interest in the land. The other defendants are made parties as claiming some interest in the premises. Defendants demurred to th...
Views: 14
The deceased, Nora Langdon, died testate, leaving a will which contained, among other provisions, the following: "Eighth. All the rest and residue of my estate I give, devise, and bequeath unto my nephews, Callaghan Byrne, James W. Byrne, and Fred Byrne, in equal portions." In due course of administration J. W. Byrne and Callaghan Byrne, two of the aforesaid nephews, filed a petition for distribut...
Views: 14
This is an appeal from the judgment. The action was to recover upon an insurance policy, and this appeal involves its construction and interpretation. On December 15, 1891, the defendant herein issued a twenty payment life rate endowment policy for five thousand dollars on the life of George W. Rife, the annual premium upon which policy was one hundred and thirty-six dollars and ninety-five cents....
Views: 7
This action was brought to foreclose the lien of a street assessment for work done in 1892. The plaintiffs, at the trial, following the usual practice in cases of this class, put in evidence the assessment, including the warrant, diagram, certificate of the city engineer, and a printed copy of a certain resolution of the board of supervisors, and rested. To this evidence, however, defendant made c...
Views: 5
W. L. Pierce, in certain proceedings touching the guardianship of an insane person, had, by order of the superior court and of Hon. Carroll Cook, judge thereof, been allowed the sum of three thousand eight hundred dollars as attorney’s fee, which sum was paid out of the funds of the insane person. Thereafter this petitioner, a party in interest, applied to the superior court for an order: 1. Vaca...
Views: 8
The petitioner was subpoenaed before the grand jury sitting in the city and county of San Francisco, and having been sworn as a witness before that body, there were propounded to him certain interrogatories. Upon his refusal to answer, the foreman of the grand jury made affidavit setting forth at length the questions which had been propounded to the contumacious witness, and stating that the body ...
Views: 10
This is an action to determine conflicting claims of plaintiff O’Toole and defendant Dolan to the sum of seven hundred and fifty dollars placed in the hands of defendant McAllister by Parker and Shimer to abide the determination of the controversy. The cause was tried by the court, and findings and judgment were for defendant Dolan, and plaintiff appeals from the judgment and from an order denyin...
Views: 1
The plaintiff, as assignee of one Blake, brought suit against Clabrough for the sum of six hundred and thirty-two dollars and eighty-five cents, which, it is alleged and found, "Clabrough in his lifetime received for and on behalf of ____ Blake ____ to be held by said ____ Clabrough until demanded by the said ____ Blake." On the death of Clabrough the suit was continued against his executors, agai...
Views: 14
This is an action to recover possession of a part of a quartz mining claim called the "Belmont," together with damages for certain alleged trespasses committed thereon by the defendant, and to obtain an injunction to prevent the defendant from taking rock and gold from said claim, and from interfering with it in any way. The case was tried by the court without a jury; the court found all the mater...
Views: 3
Defendant was the owner of a certain mine, and had contracted with a third party for the sale of it upon certain terms – in substance, that the purchaser should be put in possession for a specified time for the purpose of examination and development, and, if found satisfactory, to pay therefor a specified price. Plaintiff was an experienced miner and expert, and was well acquainted with the locati...
Views: 5
Defendant has been convicted of murder, and appeals to this court. Defendant was arrested some months after the commission of the homicide. When arrested he was searched, and upon his person were found two letters purporting to have been written by a Chinese society known as Suey Ying Tong, and addressed to another Chinese society known as Woo Soon Tong. The contents of these letters were to the e...
Views: 5
Jacob Rich was adjudicated an insolvent by the superior court of Santa Clara county June 4, 1896, and in *495 due time thereafter filed his petition to be discharged from his debts. The Santa Clara Valley Mill and Lumber Company, a corporation, is one of the creditors of said insolvent, and for the purpose of opposing his discharge filed certain specifications— twelve in number—of the grounds o...
Views: 1
When this cause was originally submitted for decision the only answer to the objections of appellant to the charge of the trial judge was a reference to Durrant's case. (People v. Durrant,116 Cal. 222.) In the opinion of Justice Temple it was shown that Durrant's case was not authority on the point here involved. In his petition for a rehearing the attorney general then cited as authority against ...
Views: 9
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 516 Action on a contract, entered into by defendant's testator and plaintiff's assignor for the sale of land by the former to the latter, to recover the deposit made by plaintiff on account of the purchase. Plaintiff had judgment for the amount of deposit, to...
Views: 10
This is an action in mandate to compel the auditor of the county of Santa Barbara to issue his warrant on the county treasurer of the county for the salary of petitioner as district attorney, at the rate of two hundred and eight dollars and thirty-three cents a month. The auditor declined to issue his warrant in that amount, but was willing to issue it for the sum of one hundred and twenty-five do...
Views: 10
Motion to dismiss the appeals. The appeals herein were taken June 24, 1899, and purport to be from a judgment dismissing the action, and also from an order made after judgment. The transcript on appeal was filed August 5, 1899. March 8, 1900, the respondent gave notice of the present motion to dismiss the appeals upon the ground that no sufficient undertaking on appeal had been filed. As there are...
Views: 3
This action was brought by. plaintiff as road ■commissioner, for the purpose of having abated as a public nuisance a fence erected and maintained by defendant upon an alleged public highway. The case was tried before the court -without a jury, findings filed, and judgment entered in favor -of defendant. This appeal is by plaintiff from the judgment -and from an order denying his motion for a new ...
Views: 1
In September, 1872, the city of Los Angeles passed an ordinance granting to the Southern Pacific Railroad Company a right of way along Alameda street in said city in the following terms: "The mayor and common council of the city of Los Angeles do ordain as follows: "Section 1. That the right of way for the railroad track of the Southern Pacific Railroad Company in and out of the city of Los Angele...
Views: 4
This action is based on section 803 of the Code of Civil Procedure, and was brought to have the franchise of defendant to maintain a street railway on Bush and other streets of San Francisco declared forfeited, and to have defendant adjudged to have usurped a franchise and fined in a sum not exceeding five thousand dollars, as provided in section 809 of the Code of Civil Procedure. The plaintiff h...
Views: 6
The defendant was convicted of the crime of murder in the second degree, and appeals from the judgment and from an order denying a new trial. The killing took place in the county of San Diego, near the village of Hedges. A man had been stabbed there by one Rosales, who had escaped. The people of the village, or many of them, including the defendant, were in pursuit of the fugitive, who – as also t...
Views: 2
Mandamus to compel the respondent, as judge of the superior court of the county of San Joaquin, to settle a bill of exceptions. In the petition for the writ it is alleged that in an action wherein the petitioner was plaintiff and the south school district of San Joaquin county and others were defendants, tried before the respondent, a judge of the superior court of said county of San Joaquin,...
Views: 2
The defendant was indicted by the grand jury of the county of Tuolumne for the crime of murder, in the killing of one William Spencer Gilliard, and was tried and convicted of murder in the first degree. The appeal is taken from the judgment entered upon said verdict and from the order overruling defendant's motion for a new trial. The appellant presents and urges three grounds of error for a rever...
Views: 4
The plaintiff herein was appointed as a receiver in a suit brought by the intervenor for the foreclosure of a mortgage upon certain lands in Sutter county, *Page 565 and brought this action as such receiver to recover possession of certain cattle claimed by him to be the rents and profits of the mortgaged property. It is contended by appellant that the plaintiff cannot recover in this action beca...
Views: 8
The petitioner, Werner, was convicted in the justice's court of Pasadena township and sentenced to pay a fine of fifteen dollars, or, in default of such payment, be confined in the county jail of Los Angeles county for the period of fifteen days. On appeal to the superior court of Los Angeles county the judgment of the justice's court was affirmed. The relator, failing to pay his fine, was committ...
Views: 15
Motion to dismiss the appeal. The complaint herein seeks the foreclosure of a mortgage given to secure two promissory notes executed to the plaintiff by the defendants. In their answer the defendants, in addition to other defenses, allege that the plaintiff subsequent to the execution of the notes had extended the time for their payment, and that this time had not expired when the complaint was fi...
Views: 1
This is an action brought by plaintiff to determine his possessory right to a certain quartz mining claim. The defendants pleaded an entry upon the land in question as vacant and unoccupied mineral land, and a compliance upon their part with the laws governing the location and working of such a claim. The land is part of a claim admittedly first located by plaintiff and called by him the Ontario m...
Views: 1
This was an action to recover eighteen hundred and seventy-five dollars, the price of certain nursery trees, under a written contract between the parties, and also for four hundred and thirty-nine dollars as the increased value of the trees after demand upon defendant therefor. Defendant asked for a reformation of the contract, and for a recission of it as revised. The court gave him judgment as p...
Views: 3
The appellant was charged with the murder of one John Sheehan, and was convicted of murder in the second degree. He appeals from the judgment and from an order denying his motion for a new trial. We will notice the five points made for a reversal. The contention of appellant that the verdict is contrary to the evidence cannot be maintained. It was clearly shown, and is admitted by appellant, that ...
Views: 6
In an action pending in the superior court of Madera county, wherein the defendants herein were *Page 591 plaintiffs and the Madera Fruit and Land Company et al. were defendants, the plaintiff herein, at the instance of the plaintiffs in that action, was appointed as receiver of certain lands and premises described in the complaint in said action, on February 1, 1894, and thereupon entered upon h...
Views: 5
This action was brought to recover $879.90 balance due on a promissory note made by defendant's intestate. Upon the first trial the court below found that the note had been fully paid, and ordered judgment for defendant. This judgment was reversed here upon the ground that the evidence was insufficient to sustain the finding, and the cause was remanded for a new trial.(Griffith v. Lewin, 125 Cal. ...
Views: 4
Application for writ of mandamus requiring the defendant to levy taxes for the support of the common schools of the Woodland school district, and for the support of the Woodland high school. Judgment was rendered for defendant on demurrer to the petition, and plaintiff appeals. Woodland is a city of the fifth class, organized under the provisions of chapter VI of the municipal corporation acts of ...
Views: 4
Appeal from judgment on the judgment-roll. The action was brought to recover of defendants the amount due for water furnished by plaintiff to defendants under certain written contracts, and to have the amount declared to be a lien upon the lands of defendants. The plaintiff recovered judgment and the amount was declared to be a lien upon the lands of defendants, but plaintiff claims that the judg...
Views: 1
The case is a proceeding for mandamus to the defendant requiring him to issue to the plaintiff a warrant for ten dollars, his salary for the month of April, 1899, as constable of township Mo. 7, Contra Costa county. The plaintiff had judgment in the court below. The case involves the construction and validity of section 183, subdivision 14 of the County Government Act of 1897; which provides ...
Views: 1
Plaintiff appeals from a judgment against him for costs, and from an order denying him a new trial. The action was commenced April 20, 1896, and is to recover the amount of a promissory note dated November 19, 1891, for four thousand seven hundred and fifty dollars and interest. This note is signed: "Kate C. Perry, guardian for the person and estate of Florence Blythe, a minor." In addition to the...
Views: 2
This action was brought by plaintiff for the purpose of recovering two thousand four hundred dollars damages, alleged to have been caused by the defendant’s wrongful entry upon the premises described in the complaint and converting the crops thereon to his own use. The premises had been leased by defendant to plaintiff, and the entry complained of was during the continuance of the lease. The case...
Views: 2
This action was brought to compel the defendant to pay assessment No. 16, levied on his land in 1896, for reclamation purposes. Plaintiff had judgment declaring the amount of the assessment to be a lien on said land and directing *Page 623 that the same be sold to satisfy said lien and costs. From this judgment and from an order denying him a new trial the defendant appeals. The reclamation distr...
Views: 1
This is an application for a writ of prohibition against the superior court of Los Angeles county. The petitioner, having obtained a judgment against "The Bankers' Alliance of California," a corporation, had an execution issued thereon, and levied or attempted to levy the writ upon certain moneys, credits, and personal property under the control of one Washburn, who claims to be holding the same a...
Views: 8
This is an action to remove the cloud of a street assessment lien from the title of plaintiffs to several lots in the city of San Diego. June 16, 1896, the common council of San Diego passed a resolution of intention to order a described portion of First *Page 636 street to be "sidewalked," excepting such portions of said First street and intersections between said points as have already been sid...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 642 Action to have certain one thousand bonds of defendant district, in part issued and in part unissued, adjudged void; to compel each of certain defendants to disclose the bonds held by him, and to bring them into court to be canceled and destroyed, and mea...
Views: 9
Appeal by defendants from an order granting a writ of assistance. 1. It is claimed that the court erred in shortening the time for hearing the application for the writ from five to three days. The power to shorten the time is given by section 1005 of the Code of Civil Procedure. The order of the court reads: "Good cause appearing to me therefor, it is ordered," etc. There is nothing in the record ...
Views: 3
Plaintiff had judgment by default against defendant Parsons. The defendant Bowles answered, and on a trial the verdict and judgment were against him. From said judgment and from an order denying him a new trial the defendant Bowles appeals. The complaint in the case sets forth facts showing a sale and delivery to defendants, and each of them, of a one-half interest in a saloon and fixtures and mat...
Views: 4
This action was brought by the plaintiff against defendant Hall as principal, and the other defendants as sureties, on Hall’s official bond given by. him as recorder of Sonoma county, to recover damages for a breach of said bond in failing to deliver to the county auditor on the expiration of Ms term of office a certain fee-book in which was entered the fees and compensation chargeable and collec...
Views: 9
This is an action brought to reform a contract and to recover damages for an alleged breach thereof. The question arising upon the appeal is presented upon the face of the complaint. We will consider the single proposition, Do the facts alleged justify a reformation of the contract as prayed for? The facts are these: Plaintiff J. W. Mabb and defendant Merriam verbally agreed to exchange lands. ...
Views: 3
Action to recover certain money alleged to have been received by defendant between the filing of a complaint by it on foreclosure and the making of the default decree, and the sheriff's sale thereunder, for which no credit was given. Defendant had judgment, from which and from the order denying his motion for new trial plaintiff appeals. The complaint sets forth the following among other facts: Pl...
Views: 10
This is an appeal from an order, made and entered on motion of plaintiff, dismissing the action. It appears from the bill of exceptions that the cause was here once before on appeal, and, the plaintiff confessing error in the overruling of defendant's demurrer, the "judgment was reversed and the cause remanded." Theremittitur was, on motion of defendants, entered in the minutes of the trial court ...
Views: 4
Action to quiet title to the east half of the northwest quarter of section 25, township 1 north, range 9 west, situated in Los Angeles county, and of which plaintiff claims to be the owner. Defendant denied plaintiff's ownership and denied that defendant claims any interest in the land except "the right to maintain in San Dimas creek (which flows over said land) a dam at a point about one hundred ...
Views: 10
Plaintiffs brought this action in the superior court upon a promissory note executed to them by the defendant, and caused a writ of attachment to be issued and levied upon certain personal property of the defendant. A motion to dissolve the attachment was made by the defendant, and was denied by the court on June 24, 1899, on which day an order was made setting the cause for trial on June 26th an...
Views: 2
This is an appeal by defendant from an order modifying a decree, given and made November 18, 1896, by which plaintiff obtained a divorce from defendant on the ground of her extreme cruelty, and awarding the custody of their three minor children to defendant. On November 22, 1897, plaintiff filed a verified petition in the action, setting forth, among other facts, that defendant is residing with sa...
Views: 3
The appellant recovered judgment in the court below for damages (seventeen hundred and fifty dollars)., resulting from her falling down a negligently constructed staircase leading from the defendant's storeroom, where she had just been employed by the defendant, to the basement. The court granted a new trial on the ground of newly discovered evidence; and the grounds urged for reversal are: 1. Tha...
Views: 13
The appeal is from the judgment. The contention of appellant is that under the findings the judgment should have been for fourteen hundred and thirty-five dollars and thirty-four cents, in addition to the sum of two hundred and seventeen dollars and fifteen cents, the amount for which judgment was given. The facts admitted or found by the court are the following: One J.R. Crockett was in Glenn cou...
Views: 1
Action on a promissory note of date August 1, 1893, by the terms whereof the appellant Aurelia Robertson, then bearing the name of Orilla Chynoweth, and two others—one of whom was W. P. Lyon, Jr.—jointly and severally promised to pay to plaintiff the sum of $3,699.50. Mrs. Robertson and her present husband, who is joined with her pro forma, defend on the ground that she executed the note without c...
Views: 0
The action was brought to recover the possession or value of certain livestock and hay taken by defendant from the plaintiff. The defense was a general denial, and, as to the livestock, justification of the taking under the “act relating to estrays,” etc., of March 27, 1897 (Stats. 1897, p. 198). The court found the ownership of the property in controversy in the plaintiff, and the taldng of the s...
Views: 0
Ejectment. Plaintiff filed its complaint in this action November 29, 1886, to recover possession of a strip of land extending from Ninth to Eighteenth street, in the city and county of San Francisco, and which was formerly Mission creek. Among the defendants, of whom there is a large number, were Eugene and Georges Leroy, who claimed ownership in and possession of a portion of the land in question...
Views: 0
In a suit to quiet title the defendant had judgment, and the plaintiff appeals to this court from said judgment and from an order denying him a new trial. Two separate causes of action are stated in the complaint. The second cause of action as stated is to quiet plaintiff’s title to all that portion of the north extension of the Marryatt quartz mining claim which lies north and east of what was fo...
Views: 0
Defendant was convicted of the crime of embezzlement, and was sentenced to five years’ imprisonment at San Quentin. He appeals from the judgment and from the order denying his motion for a new trial. There is no brief on file for the people. The prosecuting witness and the defendant were the only witnesses sworn at the trial. Defendant insists that the evidence wholly fails to sustain the verdict ...
Views: 1
This is an action to quiet title. The plaintiff had judgment, and on application of defendants a new trial was granted. The appeal is from that order. The defendants claimed title through an execution sale under what is claimed to have been an execution against Thomas O’Donnell, husband of the plaintiff. Plaintiff derived her title through a deed of gift from her husband, which the defendants cont...
Views: 1
Action for an accounting. The court found that within the past two years plaintiff sold and consigned to defendant goods, wares and merchandise, and deposited with and paid to defendant money, at his instance, amounting to $1,206.73, and that during the same period defendant sold and delivered to plaintiff, and she received from him, goods, wares and merchandise from the store of defendant, and al...
Views: 0
Action to foreclose the lien of a street assessment. The defendants demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The court overruled the demurrer, and, the defendants having answered, the cause was tried by the court, and judgment rendered in favor of the plaintiffs. The defendants have appealed. The demurrer to the complaint was...
Views: 1
Judgment went for plaintiff in this ease and a new trial was ordered. The present appeal is from that order. A full statement of the facts giving rise to this litigation may he found in Hammond v. Cailleaud, 111 Cal. 206, 52 Am. St. Rep. 167, 43 Pac. 607. The material facts to be here considered are these: Defendant purchased certain real estate at public auction in proceedings for partition. He p...
Views: 0
It is averred in the complaint that each of the plaintiffs is the owner of at least five shares of the capital stock of the corporation defendant, the Bitumen Consolidated Mining Company, the capital stock being $300,000, divided into shares of $100 each, and that this action is *460brought on behalf of themselves and other stockholders. It is also averred that, during the times when the alleged w...
Views: 2
Action to cancel a contract of sale and purchase of land, and for an injunction to prohibit the removal of wood from said land. Certain special issues were submitted to and answered by a jury, but the court set these aside, and made findings of its own, and gave judgment for plaintiff, as prayed for in the complaint. Defendant Welch appeals from the judgment, and from an order denying his motion f...
Views: 0
The suit was brought on a policy of insurance to recover for loss by fire of part of the insured property. The judgment was for the plaintiffs. The appeal is from the judgment and from an order denying a new trial. The policy was issued June 7, 1897, and purports to be “in consideration of twelve dollars paid, and the payment of installments, when due, as follows: Twelve dollars on the first day o...
Views: 0
Plaintiff brings this action, as receiver in the foreclosure suit brought by the intervener against defendant Ellwood Varney, to recover possession of certain livestock, claimed to be rents, issues and profits of the mortgaged premises, for an accounting with defendants, and for an injunction to restrain defendants ■ from disposing of said livestock or dividing the same among defendants, and for g...
Views: 0
The defendant was convicted of the crime of libel. She prosecutes this appeal from the judgment, and an order denying her motion for a new'trial. It is conceded that the evidence sustains the verdict, and that the instructions given to the jury were correct. Defendant, however, claims that numerous errors were committed in the rejection of testimony, and the refusal of the court to give an instruc...
Views: 3
This is an action to quiet title, plaintiffs resting their claims upon a deed of trust made to them by Amasa P. Willey, owner of the real estate at the time, and now deceased. The important question involved in this appeal relates to the construction and validity of various provisions of this trust deed. Those identical questions were also involved in the appeal before this court in Re Willey’s Es...
Views: 0
This action was brought by plaintiff, as a stockholder of the Porter Land and Water Company, a corporation, for the purpose of annulling a certain resolution passed by the board of directors of said corporation, and of recovering of defendant Porter $46,650, and interest thereon; the said sum having been paid to Porter under the authority of the board of directors, and by virtue of said resolution...
Views: 0
Action to abate a nuisance and for damages. Plaintiffs had judgment, from which, and from the order denying its motion for a new trial, defendant appeals. Defendant demurred to the complaint for insufficiency of facts, and in the Specifications in support of the motion for new trial it was specified “that there is no evidence that any claim was ever presented to the defendant city for the damage c...
Views: 0
Action for breach of warranty of quality of certain salt sold by defendant to plaintiff. The cause was tried by a jury, and plaintiff had the verdict. The appeal was taken within sixty days from the rendition of judgment, and a reversal is asked upon the ground that the judgment is not supported by the evidence: Code Civ. Proc., sec. 939, subd. 1. The transcript contains a statement on motion for ...
Views: 1
Appeal of the assignee from an order allowing respondent’s claim against the insolvents’ estate and an order settling the assignee’s account. It appears that Doyle & Son borrowed from the wife of Doyle, Sr., the sum of $1,500 in January, 1897, part of which the firm invested in starting a grocery business in Los Angeles. The firm sold the entire stock and fixtures March 10, 1898, for $948.90; rece...
Views: 0
The action is ejectment for a lot of land in Napa City. It is alleged in the complaint, in the usual manner, that plaintiff is owner of the land, and the allegation is denied by the answer. Both plaintiff and the defendant Dora L. Gardner claim to deraign title from one Nancy J. Hill. The trial was by the court without a jury, and among the findings of fact are the following: (1) That on January 2...
Views: 0
Action to recover possession of real property demised by plaintiff to defendant, the léase having expired, and defendant continuing in possession. The cause was tried by the court without a jury, and judgment given in favor'of defendant, from which, and from the order denying his motion for a new trial, plaintiff appeals. The complaint sets forth a written lease for one year from November 5, 1896,...
Views: 1
Foreclosure. Defendant Alferitz disclaimed any interest in the land. Defendant Escot, maker of the mortgage, answered and set up want of consideration for the mortgage debt, and also pleaded fraud and undue influence by plaintiffs in securing the execution of the notes and mortgage. The court gave judgment of foreclosure against Escot, from which, and from the order denying his motion for a new tr...
Views: 0
Mandamus. Plaintiff seeks to obtain a peremptory writ compelling defendant to pay to plaintiff, out of the swamp land fund of Kern county, the sum of $2,341.71, or as much thereof as that fund contained. The writ was refused, and plaintiff appeals from the judgment. The cause was submitted on an agreed statement of facts. The court made findings of fact, but both parties agree, and it is the law, ...
Views: 0
This action was brought to recover the possession, or, in case a delivery cannot be had, the value of certain personal property, consisting of hotel furniture, dishes, bedding, etc., described in the complaint. The case was tried before the court without a jury, and findings filed, upon which judgment was ordered and entered for plaintiffs. Defendant made a motion, for a new trial, which was denie...
Views: 0
A printed transcript of a portion of the record of this case was filed here January 12, 1899, and since that date the court has been simply deluged with motions to supply its defects, and to dismiss the appeals from the judgment and order denying a new trial. At present the printed record and briefs make a very modest show by the side of the bulky mass of papers of every shape and hue—in manuscrip...
Views: 0
Judgment was entered in the court below in favor of defendant. Plaintiff has appealed from the judgment and from an order denying its motion for a new trial. The judgment was entered on the twelfth day of August. 1897, and the notice of appeal therefrom served *386August 2, 1890; therefore this court will not entertain the appeal from the judgment. The order denying plaintiff’s motion for a new tr...
Views: 0
Action to recover damages from the owner of a building for failure to compty with section 1203 of the Code of Civil Procedure relating to liens of mechanics and others. Plaintiff had judgment, from which defendants appeal on the judgment-roll, including a short bill of exceptions. 1. Appellants challenge the constitutionality of the above section of the code. The question has been recently decided...
Views: 1
Defendant was convicted of embezzlement, and has appealed from the judgment and from an order denying his motion for a new trial. *5331. It is claimed that there is a variance between the information and the proof as to the instrument described in the information. We are simply told by appellant’s counsel that “the variance is a fatal one.” No reason is given as to the theory upon which counsel cl...
Views: 1
Action on two promissory notes. The complaint was dismissed as to defendant Pool. Plaintiff had judgment against defendants Kennedy and McCormick, from which, and from the order denying motion for new trial, they appeal. The notes in suit were executed by defendants, and delivered to one Summers, the payee, October 30, 1893, and each was for- $385, due one year from date, and provided for payment ...
Views: 1
The plaintiff commenced this action against the defendants as sureties upon a bond to release an attachment. The action in which the attachment was taken was brought by the plaintj/f against one Kelly, and certain personal property, consisting of the furniture in a hotel, was attached. On a former trial the court granted defendants’ *484motion for a nonsuit, the defendants admitting that the plain...
Views: 0
Action to quiet plaintiff’s title to an undivided two-thirds interest in a certain mining claim, known as the ‘‘Baron Mine, ’ ’ in the Randsburg district. Judgment in the usual form was entered, quieting plaintiff’s title to thirty-two sixtieths of the mine, also quieting the title of defendant Middlecoff, grantee of plaintiff, to eight-sixtieths, and the remaining twenty-sixtieths to defendants a...
Views: 1
The plaintiff seeks by this action to recover the amount of an assessment upon certain shares of its capital stock held by the defendant. The resolution levying the assessment was adopted September 8, 189-6, and it fixed October 30th as the day on which unpaid assessments should *419be delinquent, and November 25th as the day for the sale of delinquent stock. The only issue presented by the answer...
Views: 0
Action to recover from the stockholders of defendant corporation the unpaid balance of their subserip*608tions. Defendants had judgment, from which, and from an order denying his motion for new trial, plaintiff V. L. Fortin appeals. The action was originally brought by plaintiff Richardson, as a judgment creditor of defendant corporation, against seventeen defendants, among them Fortin; but the ac...
Views: 0
The defendant was convicted of the crime of embezzlement, and has appealed, or attempted to appeal, (1) from an order denying his motion in arrest of judgment; (2) from the final judgment; (3) from an order denying a motion to be discharged from imprisonment; (4) from an order denying a motion to vacate judgment; (5) from an order denying a motion to correct the minutes of the court as to arraignm...
Views: 1
Mrs. Bryan, the guardian of the persons and estates of her five minor children, under an order of the court mortgaged their interest in certain real estate, amounting to an undivided five-twentieths, to secure a loan of $9,500. Mrs. Bryan individually and her five adult children also mortgaged their undivided interest in the same real estate, amounting to fifteen-twentieths thereof, to secure *548...
Views: 1
Action on two notes—one for $720 and the other for $630—and*a mortgage to secure the same, all made and executed October 24, 1892, by defendants to Mercy Stoddard, and averred to have been assigned by the latter to plaintiffs. It is averred in the complaint that the first note has been paid, but that the whole of the principal and some of the interest on the second note are due and unpaid. Judgmen...
Views: 0
This action was brought to rescind and cancel a contract for the sale of certain land and stock in a corporation, and to recover the amount paid by plaintiff upon the purchase price, with interest, and the value of certain improvements and amounts paid for taxes, and for a decree that the plaintiff has a lien upon the premises for the amount ' that may be found to be due. Plaintiff recovered judgm...
Views: 0
The petitioner was convicted before Robert Edgar, claiming to be justice of the peace of the town of Berkeley, of violating an ordinance of that municipality. On appeal to the superior court the judgment of the justice’s court was affirmed, and in pursuance thereof petitioner is held in custody of the sheriff of Alameda county. He claims that his imprisonment was unlawful: First, because there is ...
Views: 2
Defendant appeals from a judgment in plaintiff’s favor and from an order denying its motion for a new trial. This action was brought to recover $4,000 alleged in the first count of the complaint to be due under a contract whereby the assignors of plaintiff, Lewelling and Van Syckel, agreed to and did build and erect certain water-gas apparatus at the gasworks of said defendant in Petaluma, for the...
Views: 1
After judgment had been entered against the appellants upon their default, they moved the court to vacate and set aside their default and the judgment thereon, and from the order refusing their motion the present appeal has been taken. The complaint was filed January 21, 1896, and, service of the summons issued thereon having been had upon the defendant, John S. Reed, a demurrer to the complaint w...
Views: 0
This is an action at law for money had and received, brought by plaintiff, through his guardian, against the defendant Hearst. Judgment went against the plaintiff, and he appeals from the judgment and from an order denying his motion for a new trial. The main features of the case are these: On June 6, 1897, Timothy Hallinan, *593John Moholy and Frank Keller, who were firemen, lost their lives in t...
Views: 1
This appeal is from an order made upon the petition of the respondent, Frankie White, granting her a writ of assistance to obtain possession of certain real estate then in the possession of appellant, Rohrbough, who claims under a lease from the plaintiff, George E. White. The following statement of facts is condensed from said petition: In December, 1885, George E. White commenced a suit against ...
Views: 1
The trial was by the court without a jury. The court found that defendant Conger was, on March 4, 1896, employed by his codefendant, the company, “as engineer to manage a steam roller then owned by said company, and used by it in rolling and leveling streets. The said steam roller was then in the use of the city of Oakland; the same, with the engineer in charge, having been hired by the city of Oa...
Views: 0
These actions were both actions to foreclose mortgages executed by the defendants to secure their promissory notes. The notes and the securities passed by sundry transfers and assignments to this plaintiff. The questions involved upon these appeals are identical, and the cases may therefore be considered and decided together. The defendants executed their promissory notes, secured by mortgages upo...
Views: 5
In this case the court below sustained a demurrer to the complaint, without leave to amend, and dismissed the case. Plaintiff appealed from the judgment of dismissal. The complaint alleges, in substance, that in or about the month of January, 1883, the plaintiff was, and ever since has been, uneducated, and of a credulous, confiding disposition; that one John Dunn and the defendants Evans and Rodd...
Views: 2

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