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All Reporters → cal-lexis → Volume 1916

Opinions in cal-lexis Volume 1916

Certiorari to review an award of the Industrial Accident Commission. The petitioner, North Alaska Salmon Company, is a corporation engaged in the business of packing and selling salmon. Its packing operations are conducted in the territory of Alaska. Its office and principal place of business are in the city and county of San Francisco. Oscar Anderson was employed by the petitioner, under a contra...
Views: 20
I dissent. I think the deceased watchman was not engaged in work so closely related to interstate commerce as to be a part of it. Unless he was so employed at the precise time of the accident, the commission had jurisdiction to award compensation. It is urged in support of the petitioner's claim that the deceased was at that time engaged in interstate commerce for the reason that his work had for ...
Views: 0
This is a proceeding to review an award against petitioner made by the Industrial Accident Commission to Bertha S. Smith, widow of Austin A. Smith, on account of the death of the latter by reason of accident arising out of and happening in the course of his employment by petitioner. The admitted facts of this case are such as to present the same question that is decided in Southern Pacific Co. v.I...
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This is a proceeding to review an award against petitioner made by the Industrial Accident Commission to Jessie Covell, widow of Marcus Victor Covell, on account of the death of the latter by reason of accident arising out of and happening in the course of his employment by petitioner. At the time of the accident the deceased was employed by petitioner as an electric lineman, and was engaged in th...
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This action was brought against Parley M. Johnson to quiet the title of Caruthers Building Company to certain land in the county of Los Angeles. Johnson filed a cross-complaint, bringing in as parties various purchasers of portions of the property from Caruthers Building Company. Judgment went in favor of the building company and its grantees. Johnson appeals from the judgment and from an order de...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 28 This is an appeal upon the judgment-roll in an action for an injunction. The case involves the same general equitable doctrines considered in Empire Steam Laundry v. Lozier, 165 Cal. 95, [Ann. Cas. 1914C, 628, 44 L. R. A. (N. S.) 1159,130 P. 1180]), and Co...
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This is a proceeding to review and annul an award for disability indemnity made by the Industrial Accident Commission against the; plaintiff in favor of Thomas E. Wilson. The proceeding before the commission was instituted by Wilson more than six months after the date of the accident which caused the injury, and more than six months after the making of any payment or agreement by said company on a...
Views: 13
The plaintiff appeals from the judgment and from an order denying his motion for a new trial. The object of the plaintiff's action was to set aside a deed executed by Clarence B. Conlin to his wife, Bertha A. Conlin, conveying to her a certain parcel of land. The complaint alleged that the deed was executed without consideration and with intent thereby to defraud the creditors of Clarence B. Conli...
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This is an action for personal injuries alleged to have been caused by defendant’s negligence in the operation of one of its cars. There was a trial by the court, a jury having been expressly waived. The court made findings of fact and conclusions of law in favor of the defendant and thereafter entered judgment that plaintiff take nothing by her action. The plaintiff appeals from the judgment and...
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This is an appeal from a judgment of dismissal upon the granting of defendant's motion for a nonsuit. The action is a revival of one to recover judgment upon a promissory note which was the subject of consideration by *Page 51 this court in Neale v. Head, 133 Cal. 42, [65 P. 131, 576]. (See, also, Neale v. Morrow, 150 Cal. 414, [88 P. 815], andNeale v. Morrow, 163 Cal. 445, [125 P. 1052].) In the...
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This is an action to recover damages for personal injuries sustained by plaintiff, Jennie Harris, in a collision with the defendant's automobile. The case was tried by the court, a jury having been expressly waived. The court made findings of fact and conclusions of law in favor of the plaintiffs, and thereupon entered judgment against the defendant for one thousand five hundred dollars. The defen...
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Although two actions are here involved, there was but one judgment and but one appeal. On September 27, 1913, Charles F. Healy and Eva G. Healy, his wife, filed a complaint against Joseph Auerbach and Louise Auerbach, his wife, to recover possession of and quiet title to a parcel of land, of which said plaintiffs were alleged to be the owners, described as "Lot thirteen, block *Page 62 seven of B...
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The plaintiff sued to recover the sum of twenty-two thousand four hundred dollars, claimed to have been owing to him from the decedent, Caroline M. Conn, at the time of her death, upon two agreements in writing between them, one executed on September 10, 1907, the other on October 6, 1911. The answer alleged as a defense, among other things, that each of said agreements was executed without any co...
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This case involves two appeals, one from an order made on April 3, 1914, directing the distribution of certain money among the stockholders of the Santa Cruz Island Company and directing the defendants, as trustees, to sell the real and personal property of said company at public auction, the other being an appeal from an order denying the motion of the appellants for a new trial. The Santa Cruz I...
Views: 5
In the year 1909, the plaintiff began an action against the defendant to recover damages alleged to have been sustained by 'plaintiff because of the negligence of the defendant. An amended complaint was filed, to which a demurrer was interposed and the cause was pending awaiting action upon the demurrer. Paul C. Dormitzer was the attorney for the plaintiff and M.R. Jones was the attorney for the d...
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Asa Philip McFarling was an experienced brakeman in the employ of the appellant. He met his death while in that employ under circumstances hereinafter to be narrated, and his administrator brought this action to recover damages from the defendant for having through its negligence occasioned his death. The complaint charged that the deceased at the time he met his death was a brakeman on a freight ...
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The defendants, claiming as executors and beneficiaries under the will of Friedriech Monsen, deceased, appeal from a judgment enforcing an alleged contract by which the decedent had agreed that the plaintiff should receive and inherit a child's share of the property which said decedent might leave. The action is of a type familiar in this court, and illustrated by a line of decisions beginning wit...
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On April 19, 1913, Francis Cutting and Alice Duren entered into a contract with reference to their contemplated marriage. Mr. Cutting was seventy-nine years of age at the time and Miss Duren was more than forty-five years old. He was a widower possessed of a fortune worth approximately five hundred thousand dollars and was the father of two living adult children. On May 10, 1913, Miss Duren and Mr...
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The plaintiff is the owner of a tract of land containing something over seven acres situate in Los Angeles County. The defendants are the owners of a tract containing fifty acres, adjoining plaintiff's holding. Both parcels were originally a portion of the Rancho La Ballona, which in May, 1868, was partitioned by decree of the district court of the first judicial district of the state of Californi...
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Respondents moved to dismiss a petition for a writ of prohibition upon the grounds that the receiver against whom the writ was asked had been discharged as such receiver; that the harvesting of the crop which petitioners asked to have prevented had been accomplished and the proceeds distributed to the proper parties; that petitioners had consented to the continuation of the receivership; that the ...
Views: 1
On October 16, 1914, a paper was admitted to probate as the holographic will of Robert A. Vance, deceased. Within due time, certain heirs of said decedent filed their petition for the revocation of the probate, alleging that the paper was not dated except in the manner following: "I have subscribed my name and affixed my seal this 22nd day of March, in the year of our Lord one thousand." To this p...
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The defendant having been convicted of a violation of the local option law (Stats. 1911, p. 599), appeals from the judgment and from an order denying his motion for a new trial. The indictment charged that the defendant on or about the twentieth day of November, 1914, in the county of Glenn, did "take an order from, sell and deliver, to one M. Hamilton, alcoholic liquor," within a supervisorial di...
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This action was brought to recover damages for breach of contract. The court granted defendant's motion for a nonsuit, and entered judgment accordingly. Plaintiff appeals from the judgment and from an order denying his motion for a new trial. The complaint alleges that the defendant is an attorney at law, and that on December 2, 1909, the parties entered into a written agreement, whereby the plain...
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Pending an appeal from the judgment in the above-entitled cause, the superior court undertook to punish Arturo Wolf, one of the plaintiffs, and his attorneys, Messrs. George Lezinsky and Theodore A. Bell, for contempt of court. The alleged contempt consisted of the institution of a new action, in violation of the terms of an injunction embodied in the judgment from which the appeal had been taken....
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This action was brought by Warren Smithson, a minor, by his guardian ad litem, to recover damages from defendant for injuries sustained by plaintiff while *Page 150 in its employ. Plaintiff at the time of the action was seventeen years of age, well, active, and in possession of all his faculties. He was employed by defendant at its roundhouse at Riverbank, California, in the capacity of night-hos...
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A controversy existed between the plaintiff and the defendant with regard to a claim by the plaintiff that the defendant was indebted to it in the sum of $236,735.28, on account of the construction by the plaintiff of the defendant's railroad, and the claim of the defendant that such indebtedness had been discharged by the execution and delivery to the plaintiff by defendant of fifteen checks aggr...
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The defendant and the plaintiff executed an agreement in writing dated March 11, 1910, whereby the defendant agreed that it would, before June 15, 1910, erect for the plaintiff, in a good and workmanlike manner, a dwelling-house on a certain lot, in accordance with plans and specifications agreed on between them, and would thereupon sell said lot and house to plaintiff for the sum of $2,750; $232....
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The plaintiff, wife of Gustave Postler, was the beneficiary named in two policies of accident insurance issued by the defendant to said Postler. By each of the policies Postler was insured in the principal sum of one thousand dollars "against bodily injuries effected directly and independently of all other causes through external, violent, and accidental means (suicide, whether sane or insane, is ...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 9 Plaintiff sued for an injunction to prevent defendants from interfering with the asserted easement to have a certain supply of water flow from the lands of defendants to and upon plaintiff's property, and for damages for the cutting of water-pipes by defend...
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Plaintiff appeals from a judgment entered after an order sustaining demurrers of all of the defendants to the fourth amended complaint. The suit is one to quiet title. It is alleged in the complaint that Ocean Shore Railway Company was a corporation; that its charter was declared forfeited for nonpayment of license tax on November 30, 1910; that on the date of the forfeiture the defendants, Martin...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 29 The defendant, Julia A. Walsh, appeals from the judgment, and also from an order denying her motion for new trial. The action was begun to recover an installment of a contract entered into between the plaintiff and the defendants, whereby the plaintiff agr...
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The court below sustained a demurrer to the plaintiff's second amended complaint and thereupon gave judgment for the defendant, from which the plaintiff appeals. The action was begun by the filing of the original complaint on April 21, 1909. Thereafter, by leave of court, the plaintiff, on April 11, 1913, filed the said second amended complaint. The court below sustained the demurrer to the second...
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This is an action to enforce the liability of the defendants as stockholders of Manhattan Securities Company, an Arizona corporation. The liability asserted arose out of the alleged failure of Manhattan Securities Company to comply *Page 45 with a contract, whereby it had agreed to purchase certain shares of the capital stock of the plaintiff. The court entered judgment against the respective def...
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The plaintiff brought this action to quiet title to a parcel of land situated in the city of Bakersfield, in Kern County. The case was tried by the court, a jury having been waived. Judgment was rendered for the defendant decreeing that plaintiff had no interest in the land and that the defendant was the owner thereof. The plaintiff appeals from the judgment and from the order denying his motion f...
Views: 9
Certiorari to review an award of the accident commission allowing compensation to Thomas Immel for injuries received while in the employ of the American Beet Sugar Company. The petitioner is the insurance carrier, and was substituted for the employer. Immel was a carpenter and cabinet-maker and had been employed by the sugar company in its factory at Oxnard for some years. His injury consisted in ...
Views: 17
This case comes up on an appeal by the plaintiff from an order denying his motion for new trial. The object of the action was to cancel a certain agreement relating to the satisfaction of a mortgage, to reform a release of the mortgage executed in pursuance of said agreement, and thereupon to foreclose said mortgage. The ground on which the relief was asked was that the agreement and release were ...
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The defendant's motion for a nonsuit was granted and judgment was thereupon given in its favor. The plaintiff appeals. The complaint alleges that the plaintiff was employed by the defendant in the capacity of machinist's helper in the defendant's roundhouse in the city of Los Angeles; that on August 9, 1912, while so employed, the plaintiff was directed by the machinist, under whose supervision he...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 76 Three appeals by the defendants are presented by the record, one from the judgment, a second from an order denying a new trial, the third from an order denying defendants' motion for a judgment on the findings. The judgment is against the Southern Pacific ...
Views: 16
Review to consider the award of the Industrial Accident Commission under the following findings of fact: "1. That Henry E. Trobitz, applicant herein, was injured by accident on the twentieth day of June, 1914, while in the employment of defendant Hugh M. Cameron. "That at the time of said accident the applicant was employed by the defendant in his real estate business in Oakland, California. That ...
Views: 15
This is a proceeding to annul for want of jurisdiction an order made by the superior court in the action ofMartin v. Chiossi et al., an action to quiet title, directing the defendant Humboldt Savings Bank to execute to the plaintiff therein, on payment of principal and interest due, notary fee, and attorney fee, an assignment of a note and mortgage constituting a first lien on the real property in...
Views: 14
The complaint in this came states a cause of action to annul an assessment levied by the reclamation district to pay the cost of certain reclamation work of the district. The ground of the action was that for various reasons, not necessary here to mention, the assessment was invalid. Issues were formed, there was a trial by the court, and findings *Page 92 of fact were made showing that the asses...
Views: 5
The court below overruled a demurrer to plaintiff's amended petition for a writ of mandate, and defendant, declining to answer, gave judgment for plaintiff. This is an appeal from said judgment, taken to the district court of appeal of the third appellate district, and transferred to this court for determination after decision by said district court of appeal. Practically only two questions are ra...
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This is an appeal from an ex parte order appointing a receiver upon the application of the plaintiff, and based solely upon the allegations of the complaint. The appellants claim that the facts stated do not justify the appointment of a receiver. The complaint stated a cause of action for partition of a tract of land. It is alleged that the plaintiff and defendants own, as tenants in common, the l...
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The charter of Sacramento provides that no ordinance shall take effect until thirty days after its passage except a tax ordinance, and "except an ordinance for the immediate preservation of the public peace, health or safety, which contains a statement of its urgency and is passed by a four-fifths vote of the City Commission." (Stats. (Spec. Sess.) 1911, sec. 270, p. 400.) On June 30, 1915, the co...
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This is an appeal from the order of the court refusing to fix the compensation of appellant, appointed "director and trustee of the State Savings and Commercial Bank, the defendant corporation, and with authority to pay the State license tax now due." *Page 111 To an understanding of the controversy the following facts are pertinent and indeed necessary: The State Savings and Commercial Bank, a C...
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Plaintiff sued Arthur Crane, Alice Aalwyn, and Aalwyn's Law Institute, to quiet title to certain described land. He charged the commencement by defendant Crane, in his own name and in the name of Alice Aalwyn, of actions without merit, designed to harass and vex him, to cloud the title to his land and interfere with the sale of it. He charged the Aalwyn's Law Institute to be a mere instrumentality...
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The defendants demurred to the complaint in this case and the court sustained the demurrer without *Page 122 leave to amend. From the judgment which followed plaintiff appeals. The plaintiff corporation, according to the averments in the complaint, owns real property within the boundaries of La Mesa, a city of the sixth class, which is situated wholly within the territory of the defendant corpora...
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This is a proceeding in mandate by the surviving wife of Frederick W. French, deceased, who was at the time of his death a member of the police department of the city and county of San Francisco, against the board of trustees of the Police Relief and Pension Fund of said city and county and their secretary, to compel provision for and payment by said board of a monthly pension to plaintiff, on the...
Views: 7
Certiorari to review the action of the Industrial Accident Commission in awarding compensation for the death of one Francisco Coelho who, on June 27, 1914, fell from a barge which was being towed up the Oakland estuary and was drowned. *Page 133 Coelho was a deckhand on a barge operated by the W.R. Rideout Company. His duties consisted in helping to load and unload the barge. On the day in questi...
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Certiorari to review the award of the Industrial Accident Commission to the personal representative of one Edward Shea, upon the finding that the said Shea, who was a night watchman employed by Western Grain and Sugar Products Company, had met his death at the hands of persons unknown who had entered upon the property of his said employer. The findings and decision were made by a majority of the c...
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Henry F. Pusey, who asserts that he is the surviving husband of Gertrude C. Pusey, deceased, nominated M.M. Crookshank as administrator of her estate, which consists of property, real and personal, in Orange County. His nominee applied for letters of administration. The application was denied on the ground that Henry F. Pusey was not the surviving husband of Gertrude C. Pusey and that she did not ...
Views: 22
Defendant appeals from the judgment and from an order denying its motion for a new trial. Plaintiff is the trustee in bankruptcy of Little Walpert, a corporation. He sued to quiet title to certain real property in the county of San Mateo. MacDonald Lumber Company (a corporation) answered, setting up a promissory note executed by Fannie E. Little and Walter J. Little, her husband, and a mortgage o...
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Defendant appeals from an adverse judgment and from an order denying its motion for a new trial. The action was brought to quiet plaintiff's title to a portion of the waters of Tule River. Defendant, by its answer, admitted that it did claim an estate and interest in the waters of Tule River and Porter Slough, but denied that such claim was without right. There were other allegations in the answer...
Views: 7
Defendant demurred successfully to plaintiff's amended complaint and the latter failing to file a new *Page 155 pleading within the time allowed by the court, an order was made dismissing the action and judgment in favor of defendant Was entered accordingly. From said judgment plaintiff appeals. Both parties to the action are school districts, having adjoining territories. In the amended complain...
Views: 18
Plaintiffs sued on account of injuries caused, as alleged, by the carelessness of defendant's employees in allowing Bessie Meyer to be badly burned upon the legs by a hot-water bottle while she was unconscious from the effects of an anaesthetic administered to her before a surgical operation was performed upon her. A.E. Meyer is the husband of Bessie Meyer. Judgment for $750 was given in favor of ...
Views: 15
Yoke Won, mother of a minor child, Lew Choy Foon, appeals from an order appointing Lew Get and Mar Shee guardians of the person of said minor. The appellant insists that there was no evidence to support the finding that the mother was an unfit person to have the custody of the child, and that the unfitness of Lew Get and his wife Mar Shee was amply established. An examination of the record disclos...
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Plaintiff appeals from the judgment and from an order denying his motion for a new trial. The action was one for the foreclosing of a lien upon real property in the city and county of San Francisco. Defendant did not dispute the following facts: William J. Sheehy, *Page 164 her predecessor in interest, entered into a contract with plaintiff's assignors according to the terms of which they were to...
Views: 6
Action to recover damages for malicious prosecution of Emma C. Lee on a charge of embezzlement. The trial court granted a nonsuit on the motions of Alexander Levison and National Surety Company of New York. *Page 167 The action was dismissed as to the other defendants. From the judgment following the nonsuit and from an order denying their motion for a new trial Emma C. Lee and H. Lee (her husban...
Views: 12
Plaintiff sued to quiet its title to certain real property in San Mateo County. Defendants answered, setting up certain contracts of sale upon which they had paid to plaintiff five thousand dollars on account of the purchase price of the land. In the answer it was averred that the consideration for the five thousand dollars wholly failed because plaintiff was not by itself in possession of the lan...
Views: 17
Defendant appeals from an adverse judgment. The action was one in which plaintiff sued for divorce on the ground of cruelty. On October 7, 1913, the default of defendant, Annie McDonald, was entered. Thereafter she gave notice of motion for an order setting aside the default and for a further order dismissing the action, announcing *Page 176 that the motion for the order opening the default would...
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Appellants instituted a contest to revoke the probate of the will of their deceased father, upon the ground that at the time of the execution of the will he was incompetent and was not of sound and disposing mind and memory. They introduced evidence, and when they rested their case the court granted a motion for a nonsuit upon the ground of the insufficiency of the evidence. Opposing counsel do no...
Views: 9
Plaintiffs, minority owners of the schooner Hugh Hogan, began this action in equity in the superior court of the state. The defendants are the owners of a majority interest in the schooner. The difference between the owners arises out of that situation so frequently presented *Page 186 to an admiralty court where the minority owners are dissatisfied with the employment by the majority owners of t...
Views: 9
The action is for damages growing out of injuries sustained by plaintiff C.M. Easton's wife. Trial was had before the court without a jury, and resulted in an award and judgment for plaintiffs. The items composing this judgment were five thousand dollars for her bodily injuries, $50 for her disability and loss of society, comfort, and service to her husband, $75 for nursing during her illness, $25...
Views: 17
Plaintiffs brought their action to have it decreed that the defendant Hayden Jones held title to certain real property in trust for them, and to compel Jones either to convey the property to them, or to pay them the value of it, fixed in the sum of $1,066. The court proceeded with the trial of the action over the objection of the plaintiffs' attorneys, which objection was accompanied by their moti...
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This is a second appeal. The first will be found reported in163 Cal. 663, [126 P. 873]. The first appeal was taken from the judgment following the trial court's order of nonsuit. The nonsuit was granted upon the ground that the evidence was insufficient to establish any *Page 212 negligence or culpability on the part of the defendant. This court, succinctly stating the substance of the evidence, ...
Views: 3
Plaintiffs, as devisees under the will of James McMahon, deceased, brought this action against the defendants to recover property, title to which vested in Thomas McLaughlin and Anna McLaughlin, his wife, under deed to them by James McMahon, plaintiffs' testate. They charge a forfeiture of the title in the McLaughlins for their breach of a condition subsequent contained in McMahon's deed to them. ...
Views: 5
Petitioner sued in the superior court for mandate requiring the defendants to restore him to the position of city superintendent of schools of the Vallejo City school district, and to pay him the salary attached to the position. Judgment passed for defendants and petitioner appeals. The following facts are uncontroverted, and fairly show the nature of the controversy. Prior to the sixth day of Jul...
Views: 3
This is an appeal from a decree of distribution by the guardian of one Arnold Darling Bennison, a minor, sometimes known as Arnold Darling. The appeal really presents but one question, and there is no controversy as to the facts. Deceased died February 11, 1914. He did not provide in his will for the disposition of his property. He left surviving him two sons and a daughter. Another son, John Darl...
Views: 23
The material facts shown by the complaint are as follows: The city and county of San Francisco, by the appropriate officers, awarded a contract for the doing of certain sewer work in said city and county to the Keystone Construction Company, which assigned such award to defendant Van Loben Sels. The city and county on September 20, 1911, entered into a contract with Van Loben Sels for the doing of...
Views: 14
There does not seem to be any merit in this appeal. The document offered as the will of decedent reads as follows: "Aug. 8th 14. "Mr. Swartz 228 N 6 St San Jose In having occupied your room for 5 days I want to pay you $10 Please sign your name Maybe you will think there is a something in the hereafter reading this At any rate when you and Ingersoll meet you can talk it over I had my mind made up ...
Views: 4
The defendant has appealed from the judgment and from an order denying her motion for a new trial. The county of San Bernardino began this action to foreclose an alleged lien upon the farm of the defendant for the amount of certain expenses incurred and paid by the county in fumigating the orchard of the defendant situated on said farm, done to free said orchard of noxious insects with which it...
Views: 1
The case comes to this court by virtue of an order of transfer, after judgment by the district court of appeal for the first appellate district. The court of appeal, speaking through Mr. Justice Kerrigan, delivered an opinion which reads as follows: "This is an appeal from a judgment in an action to recover rent alleged to be due according to the terms of a certain lease, judgment went for the def...
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The defendants have appealed from the judgment. The court below made an order that plaintiff's motion to dismiss defendants' motion for a new trial be granted. The defendants filed two notices of appeal from this order, one designating it as an order denying defendants' motion for a new trial, and the other designating it as an order dismissing defendants' motion for a new trial. The appeal from t...
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Review of an award of the Industrial Accident Commission. The admitted facts disclose that petitioners, Donlon Brothers, a copartnership, contracted with K. Kataoka, agreeing to pay him $4.50 a cord for firewood which he was to cut from a row of eucalyptus trees growing on the tract of land owned by the Donlon Brothers. Kataoka, a Japanese, contemplated having the contract performed by Japanese la...
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Defendant appeals from the judgment and from an order denying his motion for a new trial. The action was one by the county of San Bernardino to foreclose an alleged lien upon defendant's land for expenses incurred and paid by the county in fumigating defendant's orchard and freeing the trees of noxious insects. In some particulars the cause resembles County of San Bernardino v.Stewart, L. A. No. 3...
Views: 1
This is a proceeding brought to review an order of the railroad commission. Tujunga Water and Power Company, a corporation engaged in supplying water in certain territory in the county of Los Angeles, applied to the commission for an increase of rates. Certain consumers, including the petitioners above named, appeared and resisted the application. After a hearing the commission, on July 8, 1915, m...
Views: 9
The plaintiff sued upon a promissory note for one thousand dollars executed to the testatrix, Ana M. Wohler, by the defendant. A demurrer to the third amended answer was sustained and judgment was thereupon given for the plaintiff. From this judgment the defendant appeals. The note sued on was dated July 2, 1909, and was payable two years after date. The first count of said answer alleges that on ...
Views: 9
Plaintiffs, suing as administrators of the estate of Manuel Gonsalves, deceased, brought their action against defendant for having negligently occasioned his death by putting him to work in an unsafe place. So far as concerns this appeal the negligence is conceded, it being stated in the transcript that "evidence was introduced by plaintiffs which, for the purpose of any appeal from the judgment h...
Views: 5
This is a motion to dismiss an appeal taken from the order of the court granting a new trial, which order was made and given after the amendment of the Code of Civil Procedure abolishing the right of appeal from an order granting a new trial saving "in an action or proceeding tried by a jury, where such trial by jury is a matter of right," etc. (Code Civ. Proc., sec. 963), and further providing th...
Views: 6
Plaintiff sued, seeking a judgment canceling a deed which she had made to her former husband, and compelling a reconveyance to herself of the property so deeded. Her complaint charged in two counts. In both it is declared that the property so conveyed was her separate property owned by her in fee, subject to a life estate in her mother. This by the pleadings is admitted. In the first count she cha...
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Deceased left an olographic will which was admitted to probate. It was duly executed and made disposition of a large estate. It named J.J. Mack of San Francisco as executor without bonds. Subsequently J.J. Mack offered for probate an unsigned writing of the testator's, in form as follows: "March 3rd, 1913. "Mr. J.J. Mack: "I have made a will and have named you as exicutor without Bonds and giving ...
Views: 10
I concur in everything that is said in the prevailing opinion. It certainly will not be questioned that an elector has the inherent right, under our system of government, of offering himself as a candidate for office, and, after having offered himself, to withdraw his name and retire from the political contest at any time that he sees fit. The sole limitation upon this unquestioned right is the l...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 293 The object of this action was to have the right of the plaintiffs to receive water from the defendants' main to the water-tank of the plaintiffs at Newark station in Alameda County declared and established, and to enjoin defendants from cutting the connec...
Views: 17
Defendant appeals from a judgment and an order denying his motion for a new trial. The suit was one whereby it was sought to forfeit defendant's rights under a contract for the sale of real property and to recover possession of said realty. *Page 302 The agreement dated September 25, 1911, fixed the price of the land at two thousand eight hundred dollars. There was to be a payment of twenty dolla...
Views: 6
Defendant appeals from the judgment and from an order denying its motion for a new trial. Plaintiff was a day laborer employed by defendant. He was directed to perform certain work on one of the levels of the "Cabrillo Bridge" in Balboa Park in the city of San Diego. That he fell from the bridge while engaged in that employment and that he was very severely injured is not denied, but appellant tak...
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Defendant after conviction upon a charge of forgery, moved for a new trial. His motion was granted and from the order made in that behalf, the people appeal. *Page 310 Canfield was charged with forging a certain mortgage purporting to have been executed by Justin E. Cook, the owner of the real property described in said mortgage to secure the payment of a promissory note for ten thousand dollars ...
Views: 16
Review to consider an award of the Industrial Accident Commission. William J. Slattery was engineer of the fishing tug Condare, owned by the Borzone Fish Company. Upon an afternoon in January she was moored in her customary berth – a wharf between piers 23 and 25, on the San Francisco waterfront. The weather was stormy, and the captain of the tug considered it expedient to move his vessel from thi...
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The defendants appeal from the judgment. By regular proceedings under the Street Opening Act of 1903 (Stats. 1903, p. 376), and subsequent amendments thereto, the city council of Los Angeles ordered the opening of Arlington Street across a strip of land owned in fee by the defendant Southern Pacific Company and used by it as a part of its right of way for its railroad, and directed the city attorn...
Views: 12
The plaintiff has appealed from the judgment and from an order denying a new trial. The complaint alleges that on or about November 12, 1906, the plaintiff and E.E. Hendrick entered into an agreement whereby said Hendrick agreed to sell plaintiff twenty-five thousand orange trees at a price therein stated; that by the terms of said agreement plaintiff was given an option to purchase twenty-five th...
Views: 6
This cause was heretofore before this court on an appeal by the defendant from a former judgment. (Pearson v. McKinney,160 Cal. 649, [117 P. 919].) Upon that appeal the judgment in favor of the plaintiff was reversed and the cause remanded for a new trial. Afterward, S.J. Parsons was substituted as administrator of the deceased, Hendrick, and the complaint was amended. Thereupon another trial was ...
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This is an application for a writ of certiorari to review an order of the superior court of San Francisco adjudging one A. C. Armstrong guilty of contempt of court, and imposing a penalty therefor. The contempt alleged was disobedience, with knowledge of the terms thereof, of a restraining order of said court made in an action pending therein, whereby the defendants, being certain voluntary a...
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This appeal was heard originally by the district court of appeal of the first appellate district, and the following opinion, prepared by Mr. Presiding Justice Lennon, was announced by that court: "The plaintiff is the lessee, and is also the assignee of another lessee, of certain premises consisting of store rooms and basements on Mariposa street in the City of Fresno. At some time prior to the in...
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Certiorari to review an award made by the Industrial Accident Commission to one Fred Douglas against petitioner, Ed. Kimbol, for injuries received by him by accident in the course of his employment by said Kimbol, and alleged and found to have arisen out of said employment. There is no doubt that the injury to Douglas was sustained "by accident," within the meaning of our workmen's compensation la...
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John Finnell was, in his lifetime, largely indebted to the plaintiff. He died in October, 1905, leaving an *Page 374 estate which was appraised at a value insignificant in comparison with his obligations. Plaintiff's claim for the amount due him was presented, allowed by the administrator of Finnell's estate, and approved by the court. The plaintiff sought to realize on his claim by instituting a...
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Certiorari to review an order of the railroad commission. Palermo Land and Water Company (hereinafter termed the "Palermo company") was incorporated in 1888. It acquired a tract of land, known as the Palermo Colony, situate in Butte County, and also the right to divert water from the south fork of the Feather River. It acquired or constructed canals, ditches, and the necessary appurtenances for co...
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The plaintiff appeals from the judgment and from an order denying him a new trial. The action is in damages for libel. The complaint contains six counts, each setting forth a different publication claimed to be libelous. The defendant is the publisher of the "Los Angeles Times," a daily newspaper of large and general circulation, published in the city of Los Angeles. The alleged libels consist of ...
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This is an application for a writ of mandate. The sole question presented is whether a municipality, the city of San Bernardino in this instance, is a “district” within the meaning of that word as used in that part of subdivision f of section 14 of article XIII of the constitution reading as follows: “The legislature shall provide for reimbursement from the general funds of any county to districts...
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Plaintiff brought this action to recover taxes paid under protest, and recovered judgment for $7,479.68. The defendant appeals from the judgment, which was rendered on the pleadings. The plaintiff is a banking corporation organized under the National Banking Act of the United States. It has a capital stock of eighty-five thousand shares, of the par value of one hundred dollars each. In the year 19...
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Certiorari to review the action of the Industrial Accident Commission in awarding to Louise Connolly compensation for the death of her husband, Edward H. Connolly. The deceased was very remotely, if at all, related to Patrick Connolly. Edward H. Connolly was doing work as a carpenter on the ranch of said Patrick Connolly when he stepped on a nail and injured his foot. As a result he died of lockja...
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This is a proceeding under section 1664 of the Code of Civil Procedure to determine the heirship and succession to the estate of Julius Friedman, deceased. Upon the filing of the petition the Hebrew Home for Aged Disabled filed a complaint claiming the entire residue of the estate, in the absence of legal heirs, under a charitable bequest contained in the will of the decedent. Answers were filed b...
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This is an action for the rescission of a contract for the purchase of a certain agent's contract and a quantity of washing machines, to cancel a promissory note given in payment thereof, and to obtain the reconveyance of certain real property given as security for the note. The relief is sought principally upon the ground of false and fraudulent representations by which the plaintiff was induced ...
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This proceeding is one to obtain a writ compelling the Secretary of State, in sending to the county clerks and registrars in the tenth congressional district his certificate of candidates to be placed on the ballot for the *425 general election, to omit the name of Henry Stanley Benedict as the Progressive party candidate for the office of representative in Congress from the tenth congressional...
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The plaintiff was injured while performing his duties as a fireman on one of the defendant's freight trains, and brought this action to recover damages. His claim for damages is based upon the alleged negligence of the defendant railway company in maintaining a sign-board so close to its track that it collided with him while the train was in motion, and caused the injuries complained of. The defen...
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Plaintiff brought her action in ejectment, charging in two counts. In the first she averred ownership of property consisting of land and a dwelling-house thereon in the city of Santa Monica, which property, for convenience, will be spoken of as the Santa Monica property, and alleged an ouster by defendant on December 3, 1911. By her second count she fixed the time of the ouster as June 8, 1912. In...
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Julia J. Brigham instituted a proceeding under section 1664 of the Code of Civil Procedure to determine heirship to Hiram Hughson, deceased, whose estate had been for more than one year in process of administration. After appropriate proceedings to bring in all interested persons the said Julia J. Brigham became the plaintiff by filing a pleading in which she asserted that she was the surviving wi...
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This action was brought by Dora Mellor, the plaintiff and respondent, to recover from the Bank of Willows the sum of $5,162.50, representing a certificate of deposit for five thousand dollars, and the interest thereon, issued by the defendant bank and payable to George Mellor, the deceased husband of the plaintiff, or order. The plaintiff claims that she received the money as a gift causa mortis f...
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Deceased died testate in Los Angeles leaving an estate consisting of separate property of the value of fifteen thousand dollars. He left a widow but no children, and by his will gave one-half of his estate to his widow; the other half to his father and four brothers. The widow petitioned for a family allowance, to the granting of which objections were interposed by one of the brothers, a devisee u...
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The deceased on April 25, 1915, being about to go to a hospital to have an operation performed, wrote and sent three letters – one to a brother, another to her sisters and a brother jointly, and a third to a friend who was her business agent. She died on May 26, 1915. A petition was filed in the superior court of Orange County for the probate of the several letters referred to, as constituting the...
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As part of the purchase price of a tract of land in Kern County appellant agreed, by written contract, to pay respondent for certain walnut trees growing thereon a sum to be determined as follows: From the gross proceeds received from the sale of the crop of walnuts for the year 1911 the cost of harvesting and marketing the same was to be deducted, and the appellant was to pay respondent a sum equ...
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Defendant having been indicted for the crime of murder in the unlawful killing of one Warner C. Smith, was convicted of murder in the first degree, and adjudged to suffer death. He appeals from the judgment and from an order denying his motion for a new trial. 1. It is asserted and most earnestly argued by learned counsel for appellant that a careful consideration of the facts "will convince any f...
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Sunset Road Oil Company, W.S. Tevis, and other defendants appeal from an order overruling an objection by appellants to the hearing by Judge Peairs of a motion for a new trial made by the cross-complainant, Kern Valley Bank, and the intervener, the superintendent of banks, and denying their motion to have some other judge called to preside at the hearing of the motion for a new trial. The cause wa...
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Plaintiffs appeal from the judgment and from an order denying their motion for a new trial. This is the third time that this court has been concerned with litigation connected with the estate of Mary B. Purcell, deceased. These plaintiffs, who are heirs at law of said Mary B. Purcell, attempted to have the probate of her will revoked upon the grounds of fraud, of want of testamentary capacity of t...
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One of the defendants, Will D. Gould, appeals from the judgment and from an order denying his motion for a new trial. The action was one brought by Charlotte L. McArthur to quiet her title to lots one (1), seven (7), ten (10), eleven (11), and thirteen (13) of the Hillard Tract, in the county of Los Angeles. The original defendants were D.M. Goodwin, Will D. Gould, and certain persons sued by fict...
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Appeal from a judgment in favor of defendant Barlow. Plaintiff sued to quiet his title to a half interest in section 5, township 26 south, range 26 east, Mount Diablo base and meridian, in Kern County. According to the allegations of the amended complaint this half interest was acquired in 1888, when Henry I. Kowalsky furnished one-half of the purchase price to his brother, Joseph N. Kowalsky, who...
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This is an appeal from an order admitting to probate the foreign will of the deceased and granting letters of administration with the will annexed. There is no dispute about the facts. Abel Stearns died testate in the county of Los Angeles in 1871, leaving to his widow by his will large property including certain real estate in Los Angeles County. The widow later married one Robert Baker, ...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 527 This action was brought by Theodore Williams in his own behalf and that of his wife, seeking a recovery for the death of their son, charged to have been occasioned by the negligence of the defendant. The complaint alleged that Glen L. Williams, the son, w...
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The plaintiff Half Moon Bay Land Company, the defendants Cowell et al., who are appellants, and the defendant Torello, each own separate tracts of land through which runs a stream of water known as San Vicente Creek. The plaintiff Quilici is a tenant of the plaintiff land company and some of the appellants are tenants of the Cowells and the Cowell estate, who are the owners of the tract of land re...
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Certiorari directed to the Industrial Accident Commission of the State of California for the purpose of reviewing an award in favor of one Augustus Cohnhoff and against the petitioner to this court, First Christian Church of Fresno. Cohnhoff had been employed by a subcontractor, the Thomas Schneider Art Glass Company, and counsel for the church denied liability of their client for that reason. Th...
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The complaint herein sought to charge a breach of trust upon the part of the defendant Utt, resulting in injury to the plaintiff and in advantage to defendant Utt, as a stockholder in the Utt Investment Company, defendant. The breach of trust charged was the asserted fraudulent efforts of defendant Utt, resulting in success, whereby the plaintiff was induced to enter into a contract with the Utt I...
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The question here presented is over the title to a disputed strip of land lying between the holdings of plaintiffs and defendants. Plaintiffs asserted title by prescription and by agreement settling a disputed boundary. The court's findings were in favor of the plaintiffs upon both propositions, against the answer and cross-complaint of defendants. Defendants appeal. The following facts sufficient...
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Plaintiff on his own behalf and on behalf of his assignors, one and all owners of land in Imperial Valley, brought this action to recover damages for injuries sustained by their lands because of the asserted negligent and unlawful acts of the defendants. Plaintiff recovered judgment and from that judgment and from the order denying its motion for a new trial the defendant Imperial Water Company No...
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This is a proceeding in certiorari to test the validity of an order of the railroad commission, requiring the Atchison, Topeka and Santa Fe Railway Company to construct and put into operation a line of railroad between Oceanside, in San Diego County, and Temecula, in Riverside County. The Atchison, Topeka and Santa Fe Railway Company (which we shall herein term the "Santa Fe company"), operates a ...
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Plaintiff, as assignee of the heirs of Christina E. Romer, brought a suit in equity to avoid the effect of a deed by which the defendant Chester Spencer, as administrator of the said Christina E. Romer's estate, sought to *Page 591 convey certain real property of the said estate to one Emma M. Hunter. Respondents Charles A. and Louise Callow Boege and George Vandenberg are claimants to the title ...
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The plaintiff appeals from the judgment below. The complaint states a cause of action to quiet title to a lot in San Francisco. In addition to the usual allegations it states that the defendant McCarthy has in her possession a deed signed and acknowledged by the decedent Mary A. Holland purporting to convey the lot to the McDermotts, but that *Page 599 said deed had never been delivered. The pray...
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This is an application by the appellants for a writ ofsupersedeas to restrain the enforcement of a judgment in favor of defendant Anna N. Collins (respondent here) pending their appeal therefrom. This relief is sought on the ground that their duly perfected appeal ipso facto stays the enforcement of the judgment in the respect in which it is about to be enforced, without the giving by them of any ...
Views: 4
Respondents obtained a judgment against the defendant in the superior court adjudging them to be the owners and entitled to the possession of an undivided three-fourths of certain lands, and substantially directing that possession thereof be delivered to them. Defendant appealed to this court from such judgment, and the appeal is now pending herein. Desiring to stay execution of the judgment pendi...
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The appellant, David J. Baird, Jr., claiming to be the legitimate and only child of the decedent and his only heir, applied for partial distribution to him of the estate. His application was denied. He appeals from the judgment. The petition avers that the applicant, who is a minor, was the illegitimate child of said decedent and one Lydia M. Valencia, to whom decedent was never married, and that ...
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Plaintiff by his guardian ad litem, sued defendant to recover damages for injuries which he sustained while in defendant's employ. He charged that he was a waiter in the Bristol Cafe in Los Angeles, owned and operated by defendant. As such waiter he was earning, and was capable of earning, two hundred dollars a month. He was directed by his employer to carry a box containing silver dinner knives t...
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This action was brought to recover attorney's fees for services rendered to defendants by Oscar A. Trippet, plaintiff's assignor. The complaint charged in *Page 632 several counts and sought a recovery for $2,160.40, with interest from the eleventh day of July, 1911. One count charged upon an account stated, another upon an express contract, a third in quantum meruit. Trial was had before a jury ...
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Motion to stay proceedings. Florance A. Stough died testate in the county of San Diego. J.E. Fishburn, one of the persons named in the will as executor, filed a petition for the admission of the will to probate, and for the issuance to himself of letters testamentary. Objections to the appointment of Fishburn were filed by Oliver J. Stough, who asked that letters of administration with the will an...
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Certiorari to review an award of the Industrial Accident Commission. The estate of Luigi Marre, deceased, was the owner of a ranch, containing some eight thousand acres, in San Luis Obispo County, and was operating it through G.O. Marre, the administrator of the estate. The line of the Pacific Coast Railway Company runs along one side of the property. On November 23, 1914, a fire started on the Ma...
Views: 12
A hearing in Bank having been ordered after decision in Department One, we have carefully re-examined the case. The department opinion, prepared by Shaw, J., reads as follows: "In this case the defendant appeals from the judgment and from an order denying its motion for a new trial. "The plaintiff sued for damages arising from the alleged negligence of the defendant. The defense was that the injur...
Views: 2
Certiorari to review an award of the Industrial Accident Commission in favor of one George Prescos against petitioner of $722.10, being $8.30 per week for 87 weeks. By reason of an accident in the course of his employment by petitioner, and arising out of said employment, Prescos suffered complete loss of vision of the left eye, and became entitled upon proper application therefor to receive the a...
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The petitioner is in custody upon the charge of having violated the provisions of the act of June 5, 1915, in effect August 8, 1915, amending the prior act of March 1, 1911. (Stats. 1915, p. 1215.) Section 1 of the statute is, in part, as follows: "No person, firm or corporation shall issue, in payment of or as an evidence of indebtedness for wages due an employee, any order, check, memorandum, or...
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The plaintiffs, owners of land within the boundaries of Imperial Irrigation District, brought this action against the district and its officers to obtain an injunction restraining the sale of the property of plaintiffs for nonpayment of an assessment attempted to be levied by the district for the year 1912, and for a decree annulling said assessment. Judgment went for the defendants, and plaintiff...
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This action was brought by various land owners in the Imperial Irrigation District to contest the validity of an assessment levied by the board of directors of the district. We have just filed an opinion in a case bearing the same title (L. A. No. 3765, ante, p. 660, [161 P. 113]). In that action, the assessment attacked was one levied for the year 1912, and our decision turned, in part, upon the ...
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This is an appeal by defendants from an order granting an injunction pendente lite. The injunction restrained the enforcement of an assessment levied by the board of directors of the Imperial Irrigation District. The trial of the action resulted in a judgment in favor of the defendants, and we have this day filed an opinion affirming such judgment. (ImperialLand Co. v. Imperial Irr. Dist., ante, p...
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This is a motion to dismiss an appeal taken by Leo Stone Green. The first ground of the motion was that the transcript on appeal, which has now been filed, was not filed within the time prescribed by our rules. As to this ground, at the oral argument we announced that a sufficient showing had been made to warrant us in holding that the appellant’s failure in this regard should be excused. Conside...
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This is a petition to review an award of the Industrial Accident Commission to the widow of Giovanni Gaggero for the death of said Gaggero found to have been caused by an accident to him arising out of and in the course of his employment in the service of Macdonald and Kahn. The petitioner is the insurance carrier for Macdonald and Kahn. The ground upon which the intervention of this court is a...
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We will treat this as an appeal from the judgment and from an order denying plaintiff's motion for a new trial, although respondents contend that no efficient appeal was made from the order, owing to the failure of plaintiff to serve them with proper notice. Plaintiff entered into a written contract on July 7, 1910, with the Manufacturers' Automatic Sprinkler Company, whereby the latter agreed for...
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Appeal by plaintiff on the judgment-roll alone from a judgment by which the superior court refused to quiet plaintiff's title to certain property in Plumas County. The action was brought under authority of sections749, 750, and 751 of the Code of Civil Procedure. After trial the court found that plaintiff was the owner in fee of all of the property involved; that by himself and his predecessors he...
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Defendants appeal from a judgment entered on the pleadings in an action to foreclose a mechanic's lien. The complaint was verified. The allegations thereof were in brief, that John H. and Lotta Bohlig were at all times specified the owners of certain described real property; that the former was at all times the reputed owner; that plaintiffs had entered into a written contract to furnish certain p...
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Plaintiff sued under the provisions of subdivision "A" et seq. of section 29 of the inheritance tax law of 1905 (Stats. 1905, pp. 341, 351) to quiet its title to the real property described in the complaint, against the state's claim of lien of an inheritance tax. Defendant by its answer averred that the deed upon which plaintiff's claim of title was founded had been made by the grantor in contemp...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 699 Defendants appeal from an adverse judgment and from an order denying their motion for a new trial. The litigation concerns certain contracts for the sale and purchase of real property. On April 8, 1907, an agreement in writing was made by defendants and p...
Views: 11
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 711 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 712 Defendant appeals from an adverse judgment and from an order denying its motion for a new trial. The action wa...
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Anton Krieg died testate, leaving a widow, adult children by his first wife, and a minor child by his second wife. The children, including the minor, were to take the residuum of the estate by definite fractional parts. The will provided for the widow as follows: "To my beloved wife Margaret Krieg, I bequeath and devise the sum of thirty thousand dollars ($30,000). This in addition to the real pro...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 727 Defendant appeals from a judgment against her and from an order denying her motion for a new trial. The action had reference to a certain tract of land in the county of Santa Clara. On the 19th of October, 1907, Uriah Smith owned this property in fee simp...
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This is an appeal by defendant on the judgment-roll from a judgment in favor of plaintiff. It is the second appeal in the case, a former judgment given on the pleadings in favor of the estate of Mr. Briggs on the theory that the complaint did not state facts sufficient to constitute a cause of action having been reversed by this court. (166 Cal. 185, [135 P. 496].) *Page 736 As stated in the opin...
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This action was brought to recover damages from defendant for causing the death of plaintiff's intestate. Trial was had before a jury which gave its verdict for plaintiff, and from the judgment which followed, and from the order of the court denying defendant's motion for a new trial, it prosecutes this appeal. The case is a railroad-crossing case. The deceased, while traveling southward in a hors...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 752 George A. Hontz, an experienced brakeman, in the employ of defendant, San Pedro, Los Angeles and Salt Lake Railroad Company, while a member of a switching crew engaged in moving cars in the lumber-yard of defendant, Southern California Lumber Company, was...
Views: 12
Demurrers to plaintiff's complaint were sustained in the superior court and judgment was thereupon given in favor of defendants. This is an appeal by plaintiff from such judgment. The action was by plaintiff, as a stockholder of the defendant railway company, against such railway company and its directors and the members of the railroad commission of the state, to obtain a decree restraining the r...
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The defendant appeals from an order denying its motion for a new trial. The case concerns the ownership of a parcel of land in the city of Long Beach situated on the sand beach above the line of ordinary high tide, and between that line and a bluff a few hundred feet north of it, near the ocean front. Two main questions are presented by the appellant in opposition to the claims of the plaintiff. T...
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Plaintiff sued on a mechanic's lien to recover for labor and materials furnished. He alleged a balance to be due him under his contract of $481.87. Defendant interposed a general demurrer to the complaint, which was overruled. Thereafter answering, she denied that plaintiff had ever furnished labor or material of other or greater value than three hundred dollars, which three hundred dollars, less ...
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A writ of certiorari was issued for the purpose of reviewing the action of the Industrial Accident Commission in awarding to Mary E. English compensation from La Grande Laundry Company (a corporation), because of the death of her husband. There is very slight conflict with reference to the facts. It appears from the testimony taken before the Industrial Accident Commission that Charles P. Cain was...
Views: 7
Plaintiff alleged that for many years prior to 1889 she had been the wife of defendant J.S. Turner. In that year they were divorced, the divorce decree containing no adjudication of property rights. She took upon herself the custody, care, and support of two daughters of the marriage, and the husband took upon himself the like custody, care, and support of two other daughters and two sons, Edgar M...
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The appellant, operating an electric street railway in the city of Sacramento, undertook to construct across K Street in that city two tracks, directly connecting its *Page 788 existing tracks on Tenth Street, which extended north and south from K Street. The accompanying diagram will facilitate an understanding of the situation: [EDITORS' NOTE: THIS MAP IS ELECTRONICALLY NON-TRANSFERRABLE.] K S...
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The court below sustained a general demurrer to the complaint and the plaintiff refused to amend, whereupon judgment was given for the defendants. The action is in quo warranto to determine the validity of the incorporation and organization of the Van Nuys Lighting District of Los Angeles County. Said lighting district claims to be a public corporation organized under and in pursuance of the act o...
Views: 15
The defendant corporation obtained a default judgment against plaintiff in a justice's court. The plaintiff, *Page 801 claiming that the default and judgment had been rendered upon an insufficient service of summons, brought this action to obtain an injunction restraining the defendant from enforcing said judgment. The defendant's demurrer to the complaint was overruled, and judgment was entered,...
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Petitioner, Western Association of Short Line Railroads, is a corporation, organized to promote the best interests of the short, independent railroads, steam and electric, operating in the state of California and in other *Page 803 states. Fifteen of such California railroads are members of this corporation. It made application to the respondent commission to regulate, within the law, the transpo...
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Plaintiff recovered judgment following the verdict of a jury for injuries sustained under the following circumstances: He was a carpenter, in the employ of the defendant. There was a scaffold called a "canopy" used in connection with the work. This canopy was a platform attached to the building and about fourteen feet above the ground level. The canopy was used in connection with the wooden forms ...
Views: 8
Plaintiff sued' for specific performance of an alleged contract for the exchange of real property. Defendants answered, pleading a rescission of the contract after breach thereof by the plaintiff, and by cross-complaint averred that plaintiff was wrongfully withholding their property from them. They prayed for restitution of the premises, for an award by way of damages, and for rent. The defendan...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 8 Plaintiff, who is the widow of Charles R. McEwen, brought this action upon an accident insurance policy upon the theory that deceased met his death by reason of an accidental fall. The defense was that the insured died, not as the result of accident, but of...
Views: 15
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 17 Action for personal injuries by Carolyne Wood who, while attempting to cross West Ninth Street, in *Page 18 the city of Los Angeles, was struck by an electric car belonging to the defendant corporation. The case was tried before a jury, and a verdict for ...
Views: 8
In this matter a peremptory writ of mandate in accord with the alternative writ heretofore granted was ordered issued at the close of the oral argument, the views of the court being very briefly expressed from the bench. That the ground of the decision may be understood, it is proper to very briefly state it in writing. The question presented was whether or not an elector is entitled to state in h...
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This action was brought to enforce a trust, and in enforcing it to have declared void the reorganization of the Ocean ShoreRailway Company into the Ocean Shore Railroad Company, defendant. Added as defendants to the corporation are the members of the reorganization committee, the trustees who effectuated that reorganization. John Ginty, plaintiff, is or was a bondholder of the Ocean Shore Railway ...
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The authorities of the city of Los Angeles adopted two ordinances. By one was created a Municipal Charities Commission, whose powers and duties were defined. Amongst those powers and duties are: "(1). To investigate all charities dependent upon public appeal or general solicitation for support and to indorse such of them as meet actual needs of the community, attain a reasonable *Page 48 standard...
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The complaint is in the form of a common law count for money had and received by the defendant for the plaintiff's use, the amount thereof being five thousand dollars. The answer denies the allegations of the complaint. The court found that all the allegations of the complaint are untrue. Judgment was given for the defendant. The plaintiff's motion for a new trial was denied. From the order denyin...
Views: 3
This is an action to compel specific performance of an alleged contract whereby defendant agreed to convey to the plaintiff a certain lot situated in Los Angeles. The court below gave judgment for the plaintiff and decreed specific performance of the contract. The defendant appeals both from the judgment and from an order denying his motion for a new trial. The complaint alleges that on November 2...
Views: 16
The state board of equalization held that certain property of the Pacific Fruit Express Company, located at Colton, and comprising a "pre-cooling plant," was exempt from local taxation because of the provisions of section 14 of article XIII of the constitution of this state. Being dissatisfied with the decision of the board, the authorities of San Bernardino County decided to test the correctness ...
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The United Railroads brought its action to enjoin the city and county of San Francisco, operating a municipally owned electric street railway, from using a portion of its tracks, poles, and wires owned in common with the *Page 82 municipality, and of its terminal loops owned by it exclusively, with cars in excess of the number which plaintiff contended defendant was entitled under contract to use...
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This is an action for damages on account of personal injuries sustained by the plaintiff while being conveyed as a passenger in an elevator owned and operated by the defendant in its building in Los Angeles. The allegations of the complaint are, substantially, that while the plaintiff was descending in the elevator in defendant's building and after passing the seventh floor, the elevator, because ...
Views: 7
Plaintiff sued defendant, charging upon two separate causes of action. The first prayed damages for the alienation of the affections of plaintiff's wife. The second prayed damages for defendant's criminal intercourse with her. The gravamina of these two actions are of course essentially different. A cause of action for alienation of affection may exist where there has been no criminal conversation...
Views: 4
Plaintiff brought his action to quiet title. Defendant answered and cross-complained, asserting title in herself. The court found the allegations of the complaint to be true and the allegations of the answer to be untrue, and gave its decree quieting title in favor of plaintiff. From that judgment defendant gave notice of appeal, and attempted to appeal pursuant to the provisions of section 941a e...
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This is an action authorized by section 3462 of the Political Code, as amended in 1911 (Stats. 1911, p. 644). The plaintiff seeks to modify or annul an assessment levied in behalf of the reclamation district by the board of supervisors of the county. That section provides that when the commissioners have completed their assessment, the same shall be filed with the clerk of the board of supervisors...
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This is an appeal from an order denying plaintiff's motion for a new trial. Plaintiff, as contractor, entered into a contract with Carrie B. Shortman, since and now by marriage Carrie B. Markham, to construct for her a dwelling-house. In recompense he was to receive the total sum of $6,440, payable in four separate installments of $1,610 each, the last payment to be due and payable, under the mech...
Views: 10
This is an action to recover damages for personal injuries sustained by plaintiff while driving a team furnished to him by defendant under the following circumstances: The city of Los Angeles had entered into a contract with defendant whereby the latter had agreed to furnish suitable horses and their harness and wagons to the city for the purpose of doing its street-sprinkling work. The city was t...
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This is an action for injunction. Plaintiffs conduct a bakery business. For the increase of their trade and for the convenience of their customers they districted the city of Bakersfield, in which their business was conducted, into routes, and the business of each route was carried on in the following manner: Plaintiffs furnished the driver of the route with a delivery wagon bearing conspicuously ...
Views: 7
This is an action by a judgment creditor who seeks to have held void a homestead declared by the judgment debtor upon certain real estate. It is alleged that plaintiff has a judgment exceeding nine thousand dollars against defendant, which defendant refuses to pay; that there is a homestead upon the property declared by defendant; that the homestead has not been canceled of record or abandoned, an...
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Defendant Willard-Slater Company, under contract with the Los Angeles city school district, was erecting for it a school building in Los Angeles. It engaged defendant Venable to do the work of plastering this building. Plaintiff in turn was employed by Venable as a hod-carrier. In the building was a flight of stairs. The permanent stringers or supports of the steps were in place and across and *Pa...
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The defendants, Wrenn Investment Company, a corporation, and O.C. Heck, were interested as stockholders in the Owners Garage and Supply Company. To increase the working capital of this company and to secure the services of plaintiff, they induced him to purchase twenty-five shares of the stock of the Owners Garage and Supply Company at par and to take employment in that company as manager for the ...
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The parties to this proceeding, an election contest, were rival candidates for the office of supervisor of the fifth supervisor district in Marin County at the election held November 3, 1914. Upon the canvass of the votes for said office by the board of supervisors it was declared that Mr. Pacheco had received three hundred and fifty-one votes and Mr. Sweetser three hundred and fifty. Thereupon th...
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Shaopin Caspar died testate in the county of Los Angeles and his will was probated. Appellant, Sahmin Babik, as his cousin and one of his heirs at law, instituted this contest to revoke the probate of the will. Trial was had before a jury and the issues were submitted to that jury for determination. They were all found in favor of the contestant. Subsequently the court set aside the verdict of the...
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This is an action brought under the provisions of section 3462 of the Political Code, as amended in 1911 (Stats. 1911, p. 644), by the appellants herein, owners of certain tracts of land in the defendant reclamation district, for the purpose of annulling or canceling all assessments (aggregating the sum of $2,764) upon their lands, which consist of three contiguous tracts having a total area of th...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 176 The action was for partition of lands. The Richmond Belt Railway had obtained from the East Shore Company, before the action was begun, a deed purporting to convey to it, in severalty and entirety, certain strips or parcels of the common land. The deed st...
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The court below sustained a demurrer to the complaint and thereupon entered judgment in favor of the defendants and against the plaintiff, from which the plaintiff appeals. On April 9, 1908, one James Nolan recovered judgment against Walter Magee for $3,957.43. Execution was duly issued thereon and levied upon 4,179 shares of the capital stock of the corporation known as Walter Magee, Incorporated...
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The petitioner, as the widow of the decedent, appeals from a judgment entered upon an order sustaining the two demurrers of the respondents to the petition, in which she asserts that within the meaning of section 1299 of the Civil Code, the will of the decedent, dated October 22, 1912, was revoked, and that, therefore, he died intestate. The respondents are the below mentioned executors and the Pa...
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The plaintiff began this action against the defendant for permanent support and maintenance. The court below sustained a demurrer to her complaint and thereupon gave judgment for the defendant from which plaintiff appeals. The plaintiff and defendant intermarried in Reno, Nevada, on December 20, 1902. They were both residents of San Francisco at that time and had gone to Nevada solely for the purp...
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Hearing in Bank denied. In denying a hearing in Bank, the following opinion was rendered on March 27, 1916:...
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This action is in the nature of a creditor's bill to enforce payment by defendant of its unpaid subscription to the stock of the Venice Hotel Company, a corporation. Plaintiff, in 1908, brought its action against the Venice Hotel Company, a corporation. The Venice Hotel Company appeared and defended under a verified answer filed by Abbott Kinney, its president. The cause was tried and resulted in ...
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John Newton Stone died on January 3, 1914. By his will he left the greater part of his property to his widow, Fannie E. Stone, to whom he had been married and with whom he had lived for thirty-nine years. The major portion of his estate consisted of the home upon which they had lived for twenty-four years. Eight months before his death, and on the day before his departure with his wife for a visit...
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Defendant Maud D. Weissberger appeals from a judgment that she is trustee for plaintiff of certain real property in the county of Sacramento and directing her to convey the legal title to said plaintiff. Respondent and appellant are respectively mother and daughter. The court found that in October, 1890, appellant, who was then a Mrs. Higginson, living apart from her husband, entered into an agree...
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The plaintiff filed a complaint in the usual form to quiet title to a tract of land situated in Kern County. The defendants answered denying plaintiff's allegations, and filed a cross-complaint in which they asserted ownership of the land and prayed to have their title quieted against plaintiff's claims. Plaintiff answered the cross-complaint. The court found that the plaintiff was not and that th...
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Plaintiff brought this action to enjoin the enforcement against himself of an ordinance of the city of Los Angeles prohibiting the establishment or maintenance of cattle or horse corrals within a certain district of the city (No. 26473, N. S.). Rejecting from consideration the charges in the complaint reflecting upon the motives of the legislative body of the city in adopting the ordinance, the fa...
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This is an appeal by the defendant, Van Emon Elevator Company, from the judgment, and from an order denying its motion for a new trial. *Page 237 The action was begun by the widow and minor child of Angelo R. Seberg, deceased, to recover damages caused to the plaintiffs from the death of said Angelo R. Seberg by the alleged negligence of the defendants. The action was dismissed as to all the defe...
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Margaret Pabst died in November, 1911. The plaintiff, Albert Pabst, is her surviving husband. Eliza Shearer, defendant and respondent, is the mother of Margaret *Page 241 Pabst. Plaintiff and Mrs. Shearer were the sole heirs of Margaret Pabst, entitled to share equally in any separate estate left by her. This action was instituted by Albert Pabst to quiet title to four lots of land in the county ...
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This action was begun by the plaintiff as administrator with the will annexed of the estate of George Locke, deceased, to recover possession of a lot of land in the city of Los Angeles, together with damages for the withholding of possession by the defendants. The defendants named in the complaint are the trustees and the pastor of the Brooklyn Heights Congregational Church, an unincorporated reli...
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Plaintiffs brought suit to quiet their title to certain real property and to have a certain contract between plaintiffs and defendant declared void. Judgment was given in favor of plaintiffs. Defendant appeals therefrom, and also from 'an order denying its motion for a new trial. There is no denial by defendant that the record title to the land is in plaintiffs. The contract between the parties...
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Defendants appeal from so much of the judgment as determines that the Southern Pacific Railroad Company, intervener, has a right of way for railroad purposes across the land described in the complaint, and from that part of it which quiets intervener's title to said right of way without compelling compensation to defendants. This is the second appeal in this case. In the decision on the former app...
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Plaintiff Nellie Elliott, mother of C.A. Jewell, now deceased, was beneficiary of a policy of life insurance issued to said Jewell. She and her husband brought action, and judgment was given against the company for five thousand dollars, the amount of the policy. Defendant appeals from the judgment and from an order denying its motion for a new trial. The term of the policy was from May 31, 1910, ...
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Ethel Shutan offered for probate a writing purporting to be the holographic will of Samuel Carpenter, deceased. The probating of said instrument was opposed by Mary Dye and a number of other persons who, admittedly, would share in the distribution of the estate of Samuel Carpenter in the event of intestacy. There were several grounds of contest, but the court sustained the opposition to the probat...
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Plaintiffs sued to quiet title to certain real property in Solano County known as the "Robinson Ranch" and containing 315 acres. According to their pleading they claimed title by reason of a deed executed by Elizabeth Robinson on January 22, 1908, and delivered to Peter Danuser on that date, with instructions to him to transmit the said deed to the plaintiffs after the grantor's death. It was alle...
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Defendant appeals from a judgment against it, and from the order denying its motion for a new trial. The action was one for personal injuries received by the plaintiff when she was struck by one of the defendant's electric cars on Sunset Boulevard in the city of Los Angeles. The accident occurred near the place where Elysian Park Avenue runs into Sunset Boulevard. The said boulevard extends east a...
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This is an action to recover of the defendant Augustine the sum of five thousand dollars ($5,000) as liquidated damages for the breach of an agreement. The defendant Buchanan is made a party defendant because of his refusal to join as a party plaintiff. The defendants filed separate demurrers to the complaint which were sustained by the court below, and, upon plaintiff's failure and refusal to ame...
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The defendants appeal from a judgment in favor of plaintiff for $3,650. The appeal is on the judgment-roll alone. The plaintiff was the owner of certain land in the ravine or wash known as the Arroyo Seco in South Pasadena, Los Angeles County. The defendants had made a contract with the public authorities for the construction of a concrete bridge across the Arroyo Seco. In August, 1911, the partie...
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The plaintiff, employed by the defendant in the operation of its mine near Jackson, Amador County, was seriously injured while ascending the shaft of the mine. He brought this action to recover damages for his injuries, and obtained a verdict and judgment in the sum of twenty thousand dollars. The defendant appeals from the judgment. The shaft had an inclination of 66 degrees from the surface to a...
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This action was brought to recover damages for personal injuries. The plaintiff, while riding on a motorcycle in company with his brother, Benjamin Parmenter, was struck by an electric automobile owned and driven by the defendant. The accident occurred at the intersection of Fremont Avenue and Columbia Street in the city of South Pasadena. Fremont Street runs in a northerly and southerly direction...
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Hearing in Bank denied....
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These appeals were heard by the district court of appeal of the second appellate district. Upon petition a hearing before this court was ordered for the reason that, while a majority of the justices of this court fully agreed with the learned district court of appeal in the discussion *Page 319 by that court of the denial of defendant's motion for a new trial, some doubt was entertained regarding...
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This is a motion to dismiss an appeal taken by plaintiff from a judgment of the superior court, on the ground that the same was not taken within the time allowed by law. As stated inWilliams v. Long, 130 Cal. 58, [80 Am. St. Rep. 68,62 P. 264], statutes limiting the time of appeal are jurisdictional and mandatory, and in the absence of an express authorization in the statute itself, a court has no...
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This was an action in eminent domain. The jury's award of damages was not acceptable to defendant, which appealed from the judgment of the superior court, and the order denying its motion for a new trial. On December 6, 1915, the judgment and order were affirmed by this court. The judgment by this court gave no direction as to costs. In the remittitur issued by the clerk of this court on January 6...
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This is an original proceeding in this court against the board of election commissioners of the city and county of San Francisco, in mandamus, to compel the board to perform its duties with respect to a certain recall petition alleged to have been presented to the board for its action. On September 27, 1915, the petitioners duly presented to and filed with the said board a petition for the recall ...
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The differences between the plaintiff and the parties defendant were submitted to the superior court for decision under an agreed statement of facts, as contemplated by section1138 of the Code of Civil Procedure. The judgment of the superior court was against plaintiff, and this appeal followed. The stipulated facts essential to this consideration are the following: By the constitutional amendment...
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This is an action brought by the plaintiff corporation against the defendant for an alleged breach of *Page 358 two agreements in writing whereby the defendant employed R.W. Kinsey, the plaintiff's assignor, as her agent, for the purpose of securing certain loans on real property in the county of Los Angeles, and for the securing of which loans she agreed to pay the said R.W. Kinsey commissions a...
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This action was brought by C.A. Scott and his wife under the provisions of the Torrens Land Act. They sought a decree establishing title in themselves to school section 36, township 13 south, range 13 east, S. B. M., in Imperial County, which section was located as tract 57 of the resurvey of the township under the act of Congress of July 1, 1902. Notice was duly served upon all the persons named ...
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This is a proceeding to determine who are the directors of California Trona Company, a corporation organized under the laws of this state. The plaintiffs, C.E. Dolbear, R.B. Phillips, and E.I. Bartholomew, claim that they, together with E.H. Merrill and J.P. Potter, were elected directors at a meeting of the stockholders, held on May 3, 1911. The defendants claim that E.J. Boyes, Guy Wilkinson, Lu...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 373 Plaintiff sued to quiet title to certain property in Nevada County. Defendant filed an answer and a cross-complaint and the latter was answered by plaintiff as cross-defendant. A trial was had upon the issues joined, the cause having been transferred for ...
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The Sacramento and San Joaquin Drainage District petitioned this court for a writ of prohibition to prevent the judge of the superior court of the state of California, in and for the county of Merced, from proceeding to hear and act upon a demurrer in a case pending in said county in which the petitioner is defendant and Miller and Lux, a corporation, is plaintiff. It appears from the affidavit of...
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An appeal was taken by the defendant to the district court of appeal of the second appellate district. The learned justices of that court could not agree with reference to the constitutionality of the law for violation of which defendant was found guilty, and accordingly the appeal has been duly transferred to this court. We have adopted the opinion prepared by Mr. Justice Victor E. Shaw of the di...
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The main questions involved in the appeal herein from the judgment are the same as those which arose in the appeals inPeople v. Jordan, ante, p. 391, [156 P. 451]. Some exceptions appearing in the record on this appeal which are not discussed in the opinion in that case we will here briefly consider them. The information is attacked upon the ground that it charges "the crime of practicing medicine...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 409 This is a writ of certiorari to review an award of the Industrial Accident Commission allowing compensation to the widow of James Mason who, the commission found, had been accidentally killed while in the employ of the petitioner, Western Metal Supply Com...
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The complaint in this case is in the ordinary form of a complaint in an action to quiet title to land, plaintiff alleging himself to be the owner in fee simple, and entitled to the possession of certain land in Fresno County. Defendant John Jacob Leisle, who was the husband of his codefendant, defaulted. Defendant Maggie Leisle answered, denying plaintiff's allegation of ownership. She admitted th...
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The defendant appeals from the judgment upon the judgment-roll alone. The case involves the title to a parcel of real estate. The complaint is, in form, an action to quiet the title of the plaintiff therein against the asserted unfounded claims of the defendant. The plaintiff derives title under a deed executed by Clara B. Anderson. She was also known as Clarinda, and was formerly the wife of Jaco...
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In denying the petition for a rehearing of the motion to dismiss the appeal in this case, we deem it proper to say what we have already substantially said several times from the bench, that we are satisfied it must be held that the amendment of our Code of Civil Procedure in the year 1915 [Stats. 1915, p. 209, Code Civ. Proc., sec. 963] abolishing the right of appeal from an order denying a new tr...
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A.F.M. Strong died intestate in the city of Los Angeles, leaving as his heirs at law his son, W.A. *Page 442 Strong, and two daughters, Alice B., and Hattie Strong. The son was appointed administrator of his father's estate, which estate was appraised at over three hundred and eighty thousand dollars. To the allowance of the administrator's first annual account Hattie Strong, his sister, duly int...
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The transcript in this case embraces the record of two actions involving the same questions relating to the rights pertaining to two adjoining parcels of upland fronting upon the bay of San Pedro. One parcel belongs wholly to the plaintiff. In the other he has a one-half undivided interest. The southerly boundary of the two parcels is the line of ordinary high tide. The parcels are a part of a gra...
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The defendant appeals from the judgment, and from an order denying her motion for new trial. The complaint states a cause of action to recover possession of a lot in Los Angeles. The defendant was formerly the owner of the lot. The plaintiff derives title under a deed executed by the defendant conveying the lot to the Maine Building and Investment Company, dated July 19, 1911, and a subseq...
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The defendant, C.B. Williams, has appealed from the judgment upon the judgment-roll alone. The complaint alleges that the defendant Joseph G. Buckingham is indebted to the plaintiff in divers sums amounting to $912; that he is a nonresident of the state of California; that on March 18, 1910, Buckingham, for the purpose of defrauding the plaintiff and others of his creditors, conveyed certain descr...
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This case was originally assigned to Department One of this court and the judgment of the lower court was reversed. Upon petition for a rehearing we granted petitioner's prayer, because we believed that the importance of the matters involved in the appeal merited a consideration by the court in Bank. After a careful study of the case, in which we have been assisted by the able arguments and briefs...
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Petitioner having filed with the county clerk of the county of Alameda a referendum petition, thereafter and on the same day presented for filing another section of this petition, which section the county clerk refused to file. Mandate before this court was sought, compelling the county clerk so to do. The question thus presented involves a construction of the language of the constitution which is...
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This is an application for mandate, in effect asking this court to declare that certain candidates for the office of members of the board of directors of the Marin Municipal Water District who received a plurality, *473 but not a majority, of the votes cast at the election held for the purpose of electing the board of directors, were in law duly elected members of the board of directors. The ac...
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The court is unanimously of the view that when the statute speaks of the date of the last payment it means the date on which the money is actually paid. The proceeding before the commission must be commenced within six months thereafter, unless there is some agreement for payment of compensation. (Industrial Compensation Act, sec. 16.) The award of the commission is annulled....
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Two appeals are here presented, each involving the determination of the right of inheritance, under section 1386 of the Civil Code, to certain portions of the estate of Ellen Nigro, deceased, not disposed of by her will. The appeals, respectively, are from parts of the decree of distribution of said estate. Ellen Nigro, left surviving at her death neither issue, husband, father, mother, brother no...
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The defendant in this case appeals from an order' appointing a receiver. The receiver was appointed by an ex parte order in an action for the foreclosure of a mortgage. Section 566 of the Code of Civil Procedure provides that where a receiver is appointed ex parte “the court, before mating the order, must require from the applicant an undertaking, ” in an amount to be fixed by the court “to...
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The appeal is from an order refusing to admit to probate a document claimed to be the last will of the decedent. The facts are these: On the 9th of December, 1913, the decedent formally executed a will in the presence of witnesses, both of whom signed it, and the execution was attended with all the formalities the statute requires. Afterward, and on September 22, 1914, he wrote a letter to his bro...
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The appeal is from an order confirming a sale of real estate. The property was sold for $866.52. Objections were made to the confirmation on the grounds, first, that the return showed on its face that the price was less than ninety per cent of its appraised value, and, secondly, that the price obtained was disproportionate to the value of the property. The objections that the price was less tha...
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The appeal is from an order denying the petition of Lewis P. Hathaway for appointment as administrator de bonis non of the estate of F. A. Bizzell, deceased. Hathaway was public administrator of the county and asked for letters in virtue of his official right. Opposition was filed by McMillian and others, who are' heirs of decedent, on the grounds that Hathaway was incompetent and unsuited ...
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A paper was admitted to probate as the last will of Jasper Dutcher. Thereafter certain heirs petitioned for revocation of the probate. They appeal from a judgment denying the petition. There is also an attempted appeal from an order denying a motion for a new trial, but such order was no longer appealable at the time the appeal was sought to be taken. (Code Civ. Proc., sec. 963, Amd. 1915, [Stats....
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This action involves the ownership of a tract of land in Tulare County, containing about three hundred acres, together with the personal property thereon. On October 22, 1908, Christine Thompson, the wife of the plaintiff, executed a deed conveying said land and personalty to the defendant. In the complaint the plaintiff, suing as an incompetent by his guardian ad litem, averred that the property ...
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Defendant appeals from an adverse judgment, and from an order denying its motion for a new trial. The suit was upon a policy of fire insurance. On February 19, 1907, defendant issued the policy insuring plaintiff's property for one year in the sum of two thousand dollars. The premium, which was paid, was $120. Shortly after the issuance of the policy defendant, being dissatisfied with the rate cha...
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The plaintiffs appeal from the judgment. The record was prepared in the mode provided in sections 953a, 953b, and 953c of the Code of Civil Procedure, and is in typewriting. The first ground urged for reversal is “that plaintiffs made out a prima facie case. ’ ’ The plaintiffs do not print in their brief any statement which enables us to ascertain the nature of the action. We learn from the d...
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The plaintiff, by this action, seeks to enforce payment of $540.90 assessed as taxes against the Bank of Shasta County by the state board of equalization, under the supposed authority of subdivision (c) of section 14, article *Page 508 XIII, of the constitution, and section 4 of the act of April 1, 1911 (Stats. 1911, p. 531). On March 24, 1911, the Bank of Shasta County, being then insolvent, was...
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The demurrer of respondents to appellant's complaint was sustained and a temporary restraining order by which the former had been forbidden and enjoined from building upon a portion of their property was dissolved. The *Page 511 appeals of plaintiff are from the judgment and from the order dissolving the temporary injunction. The facts are simple and undisputed. M. Graf was the owner of lot 5 in ...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 514 Defendant was charged by information filed in the superior court of Yuba County on September 13, 1915, with the crime of murder, in the unlawful killing of one John B. Sperbeck on September 6, 1915. On his trial, which was commenced on October 13, 1915, h...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 527 In this case a rehearing, after the decision in department, was ordered mainly for the purpose of having the whole court consider and pass upon an important question frequently arising and upon which our decisions seem to be considered uncertain. There is...
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This was a proceeding in certiorari to annul an award of the Industrial Accident Commission in favor of one Alina Waara against both petitioner and the Commonwealth Bonding & Casualty Insurance Company, on account of the death of her husband, Arthur Waara, in so far as said award was against petitioner. After oral argument the court from the bench gave its judgment annulling the awar...
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This is a proceeding in mandamus to compel respondents to hear and determine on its merits a motion for a new trial regularly made by petitioner in an action in said superior court, in which one Theo. C. Forrester is plaintiff and petitioner is defendant. The alleged ground of respondents' refusal to act is that its power to pass on said motion has expired by reason of the provisions of section 66...
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Plaintiff appeals from the judgment and from an order denying his motion for a new trial. The suit was for an alleged balance due from Mrs. Kaufman to Mr. Young on the purchase price of a certain parcel of real property in the city and county of San Francisco. Plaintiff alleged that he had sold and conveyed the property to defendant for an agreed price of six thousand dollars; that the sum of $2,7...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 556 This is an original proceeding in mandate to compel a trial judge to certify a transcript prepared under section 953a of the Code of Civil Procedure, for use on petitioner's appeal from a judgment. An alternative writ of mandate was issued and the matter ...
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Camp Rincon Resort Company, one of the petitioners, conducts a camp for the entertainment of the public, at a point in the San Gabriel Canyon, some thirteen miles from the mouth of the canyon. Follows, the other petitioner, conducts a similar camp on the other fork of the canyon. The two petitioners are the joint owners of a telephone line extending from their respective camps to the mouth of the ...
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The appeals presented in the above-entitled cases are from judgments rendered in separate actions founded upon the same obligation, namely, a promissory note for $1,879.55, executed by the defendant to the plaintiffs, dated December 27, 1909, due one day after date, with six per cent interest until paid. Said note has been the subject of three actions between the parties. The first action was begu...
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Without expressing any view on the other questions involved, I concur in the judgment on the last ground stated in the opinion. Lawlor, J., dissented. ...
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This is an original proceeding in review under the Workmen's Compensation, Insurance and Safety Act. A decision in the companion case of Carstens v. Pillsbury, ante, p. 572, [158 P. 218], has this day been filed. The only difference between the two cases is that in this case Sturdivant, the general contractor, is the petitioner, and that he was named in the application for relief made by Silva to ...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 585 These two actions were consolidated and tried together. The appeals are from the orders denying the motion by Jay Allen Fiske in each case for a new trial. The Fresno Estate Company sued to quiet title to certain real property in Fresno County. Jay Allen ...
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In this action, brought to recover damages for personal injuries alleged to have been caused by the defendant's negligence, there was a judgment in favor of the plaintiff for fifteen thousand dollars. The defendant appeals from the judgment. The grounds relied on for reversal appear in a bill of exceptions which was settled by the court below over the respondent's objection. It is urged that the b...
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Appellant, an irrigation district, issued certain bonds, to recover judgment upon part of which issue this action was brought. In its answer defendant admitted the issuance of the bonds, but averred that they were unlawfully issued in that they were erroneously dated; that there was no value or lawful consideration paid therefor; that recovery thereon was barred by the statute of limitations; and ...
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Certiorari to review the proceedings of the Industrial Accident Commission upon the application of Joe Salvatore. On March 24, 1914, Salvatore, who was employed by one Karl Ehrhart, was injured by the fall of a heavy timber. A bone of one of his legs was fractured and he also received *623 a blow on the chest. No immediate disability resulted from the latter circumstance, and in considering...
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The plaintiff appeals from the judgment and from an order denying its motion for a new trial. The object of the action was to enjoin the city of Long Beach and its officers from taking up and removing certain railroad sidings and turnouts laid in the streets of the city and used by the plaintiff. The court below, upon the evidence, concluded that the plaintiff had no right to continue *Page 633 t...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 640 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 641 This court granted the application of the defendant corporation for a hearing after decision in the district c...
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Rehearing denied....
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 665 The plaintiff brought this action to recover damages for personal injuries alleged to be due to the negligence of defendant. The case was tried before the court sitting without a jury, and judgment rendered for the plaintiff. The defendant appeals from th...
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The trial of this action resulted in a judgment that plaintiff French recover from the defendants High, Robbins, and International Banking Corporation the sum of $15,295, with interest thereon from April 4, 1907, and that defendant and cross-complainant Watt recover from said defendants High, Robbins, and International Banking Corporation the sum of five thousand dollars, with like interest. Vario...
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Certiorari to review the action of the Industrial Accident Commission in awarding benefits to Harry Flint, an employee of petitioner, Coronado Beach Company. The other petitioner, Frankfort General Insurance Company, is interested, because it has issued a policy of insurance to Coronado Beach Company covering industrial accidents to the servants of that corporation. The facts are briefly set forth...
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A writ of review was issued for the purpose of bringing before this court the proceedings of the Industrial Accident Commission upon the application of one F.E. Fishering for compensation. The commission denied the application, one of the commissioners dissenting. The facts were as follows: Mr. Fishering was employed in the establishment of Daly Brothers, dealers, among other things, in toys. One ...
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The defendants appeal from the judgment and from an order denying their motion for new trial. By sections 474 and 475 of the Civil Code the state has made a grant running to every railroad corporation of a right of way for the location, construction, and maintenance of its railroad, and every necessary adjunct thereof, over any "swamp, overflowed, or other public lands of the state not otherwise d...
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Motion to dismiss appeal from the judgment for failure to file transcript within the time prescribed by the rules of this court. The appeal herein was taken July 23, 1915, and the time for filing a transcript has long since expired, unless there ispending in the superior court a proceeding for the settlement of a bill of exceptions or statement which may be used in support of the appeal. (Rule 2.)...
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This is an action to recover damages claimed by the plaintiffs to have been suffered by them through the acts of the defendants in interfering with their enjoyment and use of an alleged private right of way, and to perpetually enjoin the defendants from so interfering. The case was tried without a jury. Judgment was rendered for the plaintiffs decreeing their right to maintain and use the right of...
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The action involves the ownership of a tract of forty acres of land situate in Merced County. The judgment declares that plaintiff is the owner of the property. The defendants appeal from an order denying their motion for a new trial. The appellants attack the sufficiency of the evidence to sustain the findings bearing on the issue of title. It is conceded that in 1888 John L. Ivett was the owner ...
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Defendant appeals from a judgment of conviction and from an order denying his motion for a new trial. The offense sought to be charged in the information was contributing to the dependency of certain minors. The charging part of the information was as follows: "The said Frank Bergotini on or about the 4th day of July, A. D. One Thousand Nine Hundred and fourteen and for eight months next prior the...
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This is a proceeding in mandamus by the Marin Municipal Water District and its directors to compel William Dolge, as auditor of said district, to countersign certain bonds so that the same may be issued by said district. The bonds were prepared for issue in pursuance of an election duly called and held for that purpose in accordance with the act authorizing the formation of such districts. (Stats....
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Action to recover damages for the alleged negligent killing of plaintiff's intestate. The defendants are *Page 728 railway corporations, the one owning and the other operating under lease a line of steam railway running through the city of Bakersfield. A train of said line ran into a buggy which the decedent, Samuel Dickinson, was driving, and Dickinson was instantly killed. Judgment went in favo...
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A hearing before this court in the matter of the above appeal was ordered, after decision by the district court of appeal of the second appellate district, reversing the judgment of the trial court which was in favor of the plaintiffs. The frauds perpetrated by defendants and appellants upon these plaintiffs, which frauds were established by the evidence and found by the court, were so gross that ...
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Appeal from an order made after final judgment denying the appellants' motion to have the costs taxed by the court, and to strike from the cost bill certain items relating to keepers' fees. The action in which this proceeding arose was commenced on December 18, 1911, to recover of the Lost Hills Syndicate, E.A. Wiltsee, J.M. Danziger, J.M. Kent and others, the sum of $1,170.42, for wages and for m...
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Petitioner is held in custody by the chief of police of the city and county of San Francisco, having been arrested upon three criminal charges based upon the violations of certain provisions of chapter 615 of the statutes of California. (Stats. 1915, p. 1163.) The charges are (1) that petitioner offered for sale and had in his possession certain eggs theretofore shipped from the Dominion of Canada...
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Certiorari directed to the Industrial Accident Commission. The writ was issued as prayed and the return of the respondent commission reveals the following facts: In a proceeding before the commission entitled "Charles H. Snow, Applicant, v. Jos. R. Harris, Defendant," it was decided that Harris was responsible under the terms of the Workmen's Compensation, Insurance and Safety Act, and an award wa...
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This proceeding was instituted by the treasurer of the city and county of San Francisco against the executrix of the will of Colin M. Boyd, deceased, to require the payment of an inheritance tax on the sum of $34,268.55, on deposit with the Savings Union Bank and Trust Company *Page 755 of San Francisco. The court entered judgment requiring the executrix to pay a tax of $1,168.53. The defendant a...
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The court below sustained the demurrer to the complaint, and thereupon rendered judgment for the defendant. The plaintiff appeals. The action was for the specific performance of a contract to convey real estate. The contract was made on February 18, 1910. By its terms the plaintiff agreed to sell to the defendant the property described for the sum of two hundred and twenty-five thousand dollars. O...
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Petitioner was arrested for violating the terms of the liquor ordinance of the town of Covina. He sued for and obtained this writ of habeas corpus under his contention that the ordinance is void, and that consequently the criminal complaint against him founded upon that ordinance is likewise void. The ordinance forbids the sale or dispensing of alcoholic liquors saving in designated places and und...
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This is an application to annul under certiorari the award of the respondent given against the Western Indemnity Company, under the following circumstances: The Santa Clara Oil and Development Company, a corporation, entered into a contract with the Oil Pumping and Gasoline Company, a corporation, the latter to install apparatus for the proper pumping of oil, etc., from a well on the property of t...
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A proceeding in certiorari to review the action of the Industrial Accident Commission in awarding compensation to H.J. Petersen, who was injured while he was in the employ of the E.K. Wood Lumber Company at Oakland. The petitioner was the insurance carrier of the said lumber company. Petersen was working as an employee of the E.K. Wood Lumber Company in the lumber-yard of that corporation on March...
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The writ of review was issued in this case for the consideration of constitutional objections urged against the validity of the Workmen's Compensation, Insurance and Safety Act. All of those constitutional questions have been considered and disposed of in the opinion of this court in WesternIndemnity Co. v. Pillsbury, 170 Cal. 686, [151 P. 398]. Nothing remains saving one last contention of the pe...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 777 This is an action by Claus A. Spreckels and Rudolph Spreckels, as executors of the will of Anna C. Spreckels, and also in their capacity as executors of the will of Claus Spreckels, and by them and Emma C. Ferris, as individuals, to compel an accounting b...
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In the original complaint filed in this case, the persons named as plaintiffs were Claus A. Spreckels and *Page 790 Rudolph Spreckels, as executors of the will of Anna C. Spreckels, deceased, and Emma C. Ferris, Claus A. Spreckels, and Rudolph Spreckels, as individuals. Afterward, by leave of court, a second amended complaint was filed in which the only persons named as plaintiffs were Claus A. S...
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Plaintiff's action is for damages for fraud. The gravamen of his complaint is that he was a stockholder in the Salt Lake Oil Company, and was induced by the misrepresentations and concealments of the defendants to sell his stock for two dollars a share, when in truth and in fact it was worth very much more. He lays his damages in the sum of $21,671. Certain of the defendants, and principally the d...
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Certiorari directed to the Industrial Accident Commission to review the proceedings leading to an award made to H.H. Stevens against the Western Indemnity Company. H.S. Tittle was a defendant before the Industrial Accident Commission, but the Western Indemnity Company, his insurance carrier, assumed all liability which might exist against its codefendant. H.S. Tittle was a contractor engaged in pe...
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Upon the authority of the United Railroads of S. F. v. TheSuperior Court, etc., S. F. No. 7565, this day decided, ante, p. 80, it is ordered that a writ of mandate issue as prayed for. Lawlor, J., dissented....
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The questions involved in the appeals herein from the judgment and from the order denying defendant's motion for a new trial are the same as those which arose in the appeals inPeople v. Jordan, Crim. 1973 (opinion filed March 24, 1916),ante, p. 391, and upon the authority of that case the judgment and order are affirmed. Henshaw, J., Sloss, J., Shaw, J., Lawlor, J., and Angellotti, C.J., concurred...
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The questions involved in the appeals herein from the judgment and from the order denying defendant's motion for a new trial are the same as those which arose in the *Page 817 appeals in People v. Jordan, Crim. 1973 (opinion filed March 24, 1916), ante, p. 391, and upon the authority of that case the judgment and order are affirmed. Henshaw, J., Sloss, J., Shaw, J., Lawlor, J., and Angellotti, C....
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The questions presented on these appeals are all determined in the opinion rendered in case No. 6753, Spreckels v.Spreckels, ante, p. 775, this day decided. All of the actions had the same purpose and object and are based upon the same allegations. The last three actions were begun to avoid technical objections and doubts as to the proper parties to maintain the action. As we have decided that the...
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In the original complaint filed in this case the persons named as plaintiffs were Claus A. Spreckels and Rudolph Spreckels, as executors of the last will and testament of Anna C. Spreckels, deceased, Claus A. Spreckels and Rudolph Spreckels, as executors of the last will and testament of Claus *Page 819 Spreckels, deceased, and Claus A. Spreckels, Rudolph Spreckels, and Emma C. Ferris, as individ...
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The facts in this case are in substance the same as in case No. 6693, this day decided, ante, p. 818, the only difference being that John D. Spreckels is the defendant. The decision in that case is conclusive of this. The judgment is affirmed. Rehearing denied. *Page 1 ...
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The defendant, charged with murder in the unlawful killing of one Clarence A. Baker, was convicted of murder in the first degree, and adjudged to suffer death. We have an appeal by him from the judgment. The only defense was that defendant was insane at the time he killed the deceased. The court correctly instructed the jury, in substance, in view of the settled law of this state, that while it wa...
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Action to recover damages for deceit. The defendant, Hall, had established citrus nurseries upon two tracts of land held by him under lease. One was known as the Keim nursery and the other as the Yost nursery. On March 28, 1909, the parties entered into a contract whereby Hall sold to Teague all of his interest in these two nurseries in consideration of the sum of thirty-seven thousand dollars, fi...
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The petitioner has applied to this court for a writ prohibiting the respondents from taking any further proceedings in an action instituted in the superior court of Sutter County. The action in question was instituted by the county of Sutter as plaintiff against Reclamation District No. 1500, the petitioner herein, its trustees and other parties, for the purpose of obtaining an injunction restrain...
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This is an original application to this court for a writ of mandate directing respondent to certify a transcript of proceedings claimed to have been prepared in accord with the provisions of section 953a, of the Code of Civil Procedure, for use on an appeal from an order granting a motion for change of place of trial from Los Angeles County to Santa Barbara County of an action brought by petitione...
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In each of the aforesaid cases the petitioner seeks to review and annul an alleged decision and order of the railroad commission. The order in No. 3986 was made upon the complaint of Louis J. Ivey to the commission; that in 3987 upon the complaint of Adolph Becker, and that in No. 3988 upon the complaint of F.W. Weeks, as president of the Holtville city council. The nature of the proceedings may b...
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Frank Bryson, administrator of the Estate of Louise Murphy, deceased, prosecutes this appeal from an order of court refusing to allow the item "Attorney's fees, statutory, $1142.18," set out in his final account as being by him incurred for attorney's fees for legal services rendered in conducting the ordinary probate proceedings in said estate. The matter came on to be heard upon objections inter...
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Plaintiffs were successful in an action against the defendant for damages for the death of Eva May Tucker, which, it was alleged, was due to the negligence of defendant's servants in the operation of an electric streetcar. Defendant appeals from the judgment and from an order denying its motion for a new trial. *Page 703 The accident took place at about 8 o'clock in the evening. The car had just ...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 708 This is a proceeding in certiorari or review, instituted under the provisions of section 47 of the Public *Page 709 Utilities Act as amended in 1913 (Stats. 1913, p. 684), and of section 67 of said act. Section 47 originally gave the railroad commission ...
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This is an original application to this court for a writ of mandate to compel respondent to dismiss an action pending therein, instituted by the Potosi Land and Mining Company, a corporation, against a former administrator of the said estate of Alexander Hulsey, N.L. Peterson, James E. Lutman, the Shasta Dredging Co., a corporation, *Page 721 and certain fictitious defendants. The action was one ...
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By this review petitioner seeks to have an award given under section 84 of the Workmen's Compensation Act of 1913, as that act was amended in 1915, declared invalid. W.D. Head, president and superintendent of the Head Drilling Company, a corporation, was killed. The *Page 729 award was made to his widow. There is thus within this case the question of the power of the commission to make any award ...
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Plaintiff sued to quiet title to a lot in the city of Los Angeles. There were four defendants named in the complaint. Two defaulted. The third, Louis, answered but did not appear at the trial nor introduce any evidence, and judgment was entered against him. The fourth, Russek, answered, denying the allegations of the complaint, and filed a cross-complaint alleging that Mrs. Decker (one of the defa...
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This is an original petition for mandate to compel the superior court of Los Angeles County and the Honorable Charles Monroe, judge thereof, to grant the petitioner alimonypendente lite, attorneys' fees and costs, growing *Page 742 out of the matter of her proposed appeal from the judgment and decree of divorce awarded against her. By his answer respondent shows that petitioner, Viola Newlands, b...
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This is an action for divorce. Plaintiff was awarded an interlocutory decree, from which defendant appeals. The judgment was reversed by the district court of appeal of the third district, solely on the ground that there was no express finding that plaintiff had resided in the state or in the county in which the action was brought for the periods specified in section 128 of the Civil Code, that se...
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The executors of the will of Joel Parker Whitney, deceased, appeal from an order granting to the widow of the decedent a family allowance of one thousand two hundred dollars per month during the administration of the estate, the payments to date from the day of the decedent's death. Joel Parker Whitney died on the seventeenth day of January, 1913. The will was admitted to probate and the appellant...
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Plaintiff, a young woman nineteen years of age, sustained severe injury to her hand while in the employ of defendant. She was engaged in operating a machine known as a "baby mangle," a rapidly revolving heated cylinder about six feet long, used for the purpose of drying and pressing thin, soft fabrics, such as handkerchiefs, towels, etc. Plaintiff had been operating this machine for about two mont...
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Plaintiff appeals from an adverse judgment. The suit was brought on behalf of the minor, George Washington Plant, by his guardian, for the purpose of having the court decide and declare that the defendants were trustees of certain funds received by them from the rentals and sale of certain property which they had purchased from the estate of their deceased father (plaintiff's grandfather), Roger P...
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This is an appeal by defendant Carrie Wilcox from the judgment and from an order denying her motion for a new trial. The judgment was one annulling the marriage between the parties and canceling a certain conveyance of real property in Long Beach, Los Angeles County, made by plaintiff to defendant. The ground of annulment was that at the time of her marriage to plaintiff, defendant was the wife of...
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The plaintiff, H.A. Moss, brought this action against the defendants, directors of the Ocean Shore Railway Company, based upon the provisions of section 309 of the Civil Code. He averred that the Ocean Shore Railway Company had a capital stock of five million dollars, all of which had been subscribed for and issued and all of which was held and owned by divers persons; that the Ocean Shore Railway...
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Plaintiff sued to quiet title to certain property in the city of Los Angeles. Defendant Ives answered, asserting that he had obtained a lease of the property from one Toombs, who, as he alleged, was duly authorized to make such contract by the plaintiff. Ives also by cross-complaint sought specific performance of this alleged lease. The court sustained a demurrer to the amended answer and cross-co...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 797 Henry Steil had three policies of insurance covering goods situated in the Chronicle building, in San Francisco, one issued by Sun Insurance Office of London, one by London Assurance Corporation, and the third by Northern Assurance Company. In January, 19...
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