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All Reporters → cal-lexis → Volume 1924

Opinions in cal-lexis Volume 1924

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 3 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 4 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ...
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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 18 This is an application for a peremptory writ of mandate to compel A.E. Warmington, as president of the board of trustees of the Palo Verde Irrigation District, and Herman Bahls, as president of the board of directors of the Palo Verde Drainage District, to...
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This appeal is by the defendant George Peak from a judgment in favor of the plaintiff in an action for the recovery of the possession of certain personal property or for the sum of $6,735.35, the value thereof, in case a delivery cannot be had, with damages and costs. The complaint was in the ordinary form of claim and delivery with certain added allegations averring that whatever possession the d...
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This appeal is from an order of the trial court denying the motion of the appellants to recall and quash a writ of execution. The history of the transaction and of the litigation between the parties hereto which finally resulted in the issuance of said execution and the motion for its recall, the denial of which led to this appeal, is quite fully set forth by this court upon a former appeal in thi...
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This appeal is from a judgment in the plaintiff's favor in an action to quiet his title to certain real estate and to enjoin a sale thereof under a certain writ of execution which the plaintiff asserted to be void. Many of the facts which exist as a background to the present litigation have been set forth by this court in its decision in the case of Montgomery v. Meyersteinet al., 186 Cal. 459 [19...
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This is a motion to dismiss an appeal taken by the above-named respondents from an order of the superior court of the city and county of San Francisco, department 8 thereof, Honorable T.I. Fitzpatrick, Judge presiding, granting a motion for a new trial interposed on behalf of petitioner, following the reversal by this court of a judgment based upon a petition for partial distribution in the above-...
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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 73 Appeal from a judgment of dismissal after a general demurrer sustained to the complaint without leave to amend. Plaintiff Porterfield, a citizen and resident of the county of Los Angeles, this state, and an owner of agricultural land situate in said county...
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The trial court overruled appellants' general demurrer to the complaint and upon their refusal to answer judgment was entered in favor of respondent. The appeal is from the judgment so entered. Respondent George A. Carter is a citizen of the United States of America and a resident of Imperial County, this state, and the owner of agricultural lands situate therein. His corespondent, Hakam Singh, al...
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Appeal from a judgment entered in favor of respondents after demurrer sustained without leave to amend. Appellant F.S. Jones is a citizen of the United States of America, a resident of and an owner of a parcel of land consisting of ten acres, situate in the county of Los Angeles, this state. Appellant Takeo Makimoto is a native of Japan and ineligible to citizenship in the United States of America...
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Petitioner, a native and subject of Japan and admittedly ineligible to citizenship in the United States of America, is restrained of his liberty by the constable of Los Angeles township, county of Los Angeles, on a warrant issued upon a complaint charging him with a criminal violation of the initiative Alien Land Law adopted by the *Page 93 electors of this state November 2, 1920 (Stats. 1921, p....
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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 97 Horace W. Philbrook, the above-named plaintiff and surviving husband of Florence E. Philbrook, has taken an appeal from a judgment following the sustaining of a demurrer to his second amended complaint. The action was originally commenced by Florence E. Ph...
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In an action in equity, brought to determine and define the water rights in a ditch, judgment was entered for the plaintiff, and certain of the defendants have appealed. In 1885, Henry Masters appropriated 600 inches of water from the South Fork of the Pitt Biver, in Modoc County. He • constructed a ditch, and held title to all the water so appropriated until 1887, when he commenced to convey c...
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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 113 The petitioner seeks a writ of mandate to compel the respondent, as judge of the superior court in and for the county of San Diego, to proceed with a hearing and determination of a demurrer to an amended answer and amended cross-complaint in an action pen...
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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 123 This is an application for a writ of mandate to compel the respondents as members of and constituting the council of the city of Los Angeles to certify the adoption of a certain separate proposition submitted to the electors of said city in connection wit...
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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 134 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 135 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE 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 160 This application is for a writ of mandate whereby the petitioner seeks to compel the respondent, Edwin M. Daugherty, as Commissioner of Corporations of the State of California, to issue his official permit to the petitioner, authorizing it to issue and de...
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This proceeding is before us on a petition for a writ ofcertiorari praying for the annulment of an award made by the Industrial Accident Commission. Herbert O. Willson was the business agent of the Plumbers' and Gas Fitters' Local Union No. 444, with offices in the Labor Temple, in the city of Oakland. His death occurred August 1, 1922, following an illness of four days' duration and, it is claime...
Views: 14
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 187 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 188 The defendant has appealed from an order of the superior court of the state of California, in and for the coun...
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The respondent herein, American Trading Company, moves the court for an order dismissing this appeal. The appeal is from an order of the trial court made and entered on October 25, 1923, refusing to grant the plaintiffs’ application for an injunction pendente lite in the above-entitled action and dissolving the temporary restraining order and injunction theretofore issued therein. The sole grou...
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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 214 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 215 This is an appeal by the defendant, the civil service board of the city of Oakland, from a judgment of the sup...
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THE COURT. Respondent moved to dismiss the appeal on the ground that no transcript of the record or appellant's points and authorities has been filed within the time allowed by law and the time for preparation thereof has expired, supporting his motion by a certificate of the clerk of the superior court and by an affidavit of counsel. Appellant makes no showing contravening that submitted by respo...
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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 251 This is an appeal from an order denying an application to the court below for a writ of error coram nobis to vacate the judgment and grant a new trial. The *Page 252 defendant, Clarence Reid, was tried in May, 1923, in the superior court of Los Angeles C...
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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 3 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 4 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ...
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The petitioner, State Compensation Insurance Fund, is the insurance carrier for the Fairmont Hotel. It is here seeking annulment of an award made by the respondent Industrial Accident Commission to the other respondent, Florence R. Glennan, a maid employed in and living at the hotel, who was injured by a fall while leaving the premises by the servants' entrance. The accident was caused by unsafe c...
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The petitioner herein seeks a writ of mandate to compel the respondent as state controller to approve and draw his warrant for the claim of the petitioner for the sum of $301.56, which, according to the petitioner's contention, is now payable out of the fish and game preservation *Page 39 fund. The facts upon which the petitioner's said claim is predicated and which are not disputed on this proce...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 51 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 52 The petitioner is in the custody of the sheriff in the county of Sacramento by virtue of an order made by the su...
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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 65 This matter comes before us on a writ of habeas corpus. The petitioner was charged, tried, and convicted in the police court of the city of Los Angeles, was sentenced to pay a fine of $250, and, in default of payment, to suffer ninety days' imprisonment 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 75 Defendant has appealed from an order granting to the plaintiff temporary alimony, counsel fees, and costs in an action for divorce. He has also made a motion for diminution of the record. A motion to dismiss the appeal has been made by the plaintiff, which...
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This appeal is from a judgment of the superior court of the county of Fresno rendered in favor of the defendant after an order sustaining its demurrer to the plaintiff's amended complaint, the latter having declined to further amend. The action was one brought by the county of Fresno to establish and enforce a lien against certain property of the defendant, based upon certain expenditures made by ...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 95 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 96 The three above-entitled cases, although differing in the facts which form the basis of the respective petitions...
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This is an action for damages for personal injuries to a minor, alleged to have been caused by a truck heavily laden and driven by horses passing over the child's left leg, crushing it and rendering amputation necessary. The complaint was demurred to and an amended complaint filed. Issue was joined on the facts of the accident, contributory negligence was pleaded, and the answer further alleged 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 116 This is an application for a writ of prohibition made by the attorney for and on behalf of the petitioner, the party beneficially interested, to restrain the superior court, in and for the city and county of San Francisco, and Honorable George H. Cabaniss...
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This application is for a writ of mandate wherein the petitioners seek to compel the respondent herein, as treasurer of the state of California, to sell and deliver to the petitioners certain bonds designated as "Highway bonds of the State of California" at the par value of three million dollars, which said bonds were bid for and purchased by the petitioners at a public sale thereof held at the of...
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This is an application by the Ocean Accident Guarantee Corporation, Ltd., for a writ of review of a certain record and award of the Industrial Accident Commission, whereby Angela Sevillano Teso, Maria de Los Angeles Gejo, Antonio Gejo, Jose Gejo, and Alfonso Gejo, the widow and children of one Manuel Gejo Teso, deceased, were allowed an award against the petitioner herein as the insurer of one E....
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The petitioners herein apply for a writ of review whereby they seek to have reviewed and annulled a certain award made by the respondent Commission in favor of one Harvey M. Pugh for injuries alleged to have been received by the latter while acting under the special employment and direction of the petitioner Famous Players Lasky Corporation. There is no material dispute as to the facts out of and ...
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This case comes before us upon a motion of the plaintiffs and respondents to dismiss three appeals on the part of the intervener and appellant. A somewhat extended statement of facts is necessary to an understanding of the questions raised thereby. In 1920 the plaintiffs, being the owners of a ranch property together with certain personal property located thereon and used in the operation thereof,...
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This is an application for a writ of prohibition to restrain the superior court of San Diego County and the Honorable W.P. Cary, judge thereof, from taking further proceedings in the matter of the enforcement of a judgment, and particularly with reference to a citation for contempt, in an action pending in said court. The Coast Truck Line, a corporation, commenced an action in the respondent court...
Views: 16
This is an appeal from a judgment awarding plaintiffs twenty thousand dollars as damages for the death of Angelo J. Ginochio, caused by injuries received while attempting to board a moving street-car operated by defendant city. The case has been twice tried and each time a jury found for plaintiffs. The judgment entered upon the first verdict was reversed by the district court of appeal, first dis...
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Appeal from a judgment dismissing action after demurrer sustained to the fourth amended complaint without leave to amend. The complaint contains two counts. The action was brought to enjoin a sale threatened to be made by defendant Thomas Morgan of a franchise conferring the right to operate autostages over a described section of certain public highways of Imperial, San Diego, Los Angeles, and ...
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This is a review of an award made by the Industrial Accident Commission in favor of Morio Wakiya and his three minor children for the death of the wife and mother, the award amounting to the sum of $4,149. The deceased, Nobu Wakiya, and her husband, Morio Wakiya, were both employed by petitioner, C.A. Fox, at Fresno. She served as a chambermaid in a hotel conducted by petitioner and received a wag...
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Application for a writ of mandate. It is alleged in the petition that petitioner herein, a public *Page 184 agency, commenced proceedings in eminent domain in the respondent court to procure by condemnation for public use a right of entry and occupation of certain lands, together with the right to take therefrom such earth, gravel, stones, or other materials which might be necessary for the publi...
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This is an application for a writ of prohibition to prohibit the superior court of the state of California, in and for the county of Placer, and Honorable W.I. Redding, judge thereof, from proceeding further in that certain action to condemn land for the state highway, *Page 187 wherein the said county is plaintiff and Charles W. Harrington et al., are defendants. On December 21, 1923, an applica...
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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 197 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 198 This appeal is from a judgment in the defendants' favor in an action instituted by the plaintiff to recover da...
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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 214 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 215 The defendant was convicted of an alleged violation of section 14 of the "Corporate Securities Act," which pro...
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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 245 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 246 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE 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 275 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 276 The four defendants in this case were jointly indicted and jointly tried for the crime of murder. The defendan...
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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 286 This is an action in claim and delivery for the possession of one Buick automobile, motor No. 179804. In April, 1920, Robert J. McNabb purchased and received possession of the Buick automobile from John Waterfield. *Page 287 A bill of sale was executed b...
Views: 18
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 300 This is an application for a writ of mandate to compel the respondent as county auditor to draw his warrant in favor of the petitioner, pursuant to a resolution adopted by unanimous vote of the board of supervisors of Alameda County, declaring that the im...
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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 307 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 308 This is an action to quiet title. From a judgment in favor of the defendants the plaintiffs appeal. The appell...
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The petitioner herein, Paul Daedler, a minor, appearing by his natural guardians, L.O. Daedler *Page 322 and Pauline Daedler, applies for a writ of habeas corpus for the purpose of securing the release of said minor from the custody of one Margaret Bullen, superintendent of the juvenile hall of Los Angeles County, who is alleged to be detaining said minor under and by virtue of an order of the ju...
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This is a motion to dismiss the appeal on the ground that the appellant has not filed her transcript upon appeal within the time allowed by law. In support of the motion respondents show by affidavits and by the certificate of the clerk of the trial court that the time has elapsed for the preparation and filing of a transcript under the so-called alternative method, and that no proceedings have be...
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This case was transferred to the supreme court after decision and judgment in the district court of appeal for the reason that the principal question involved is a new one in this state and it was thought well to give the opposing parties further opportunity to present their respective views. After such presentation and examination of the matter, we are satisfied that the conclusion reached by the...
Views: 11
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 346 This is an appeal by the plaintiff from a judgment rendered and entered by the superior court in and for the city and county of San Francisco in favor of the defendants, based upon an order sustaining the demurrer of J.O. Davenport, one of the defendants,...
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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 354 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 355 Application for a writ to review and annul an award made by the Industrial Accident Commission. The employee i...
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This application for a writ of prohibition presents for decision the single question of the jurisdiction of the superior court to issue an interim restraining order without requiring the undertaking mentioned in section 529 of the Code of Civil Procedure. A complaint was filed in the respondent court which stated a cause of action in favor of the plaintiff therein for an injunction against the def...
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Application for writ of mandamus. Annie L. Hennessy brought an action in the superior court of the city and county of San Francisco against T.E. Haley for the rescission of a certain contract and agreement entered into by said parties and for the cancellation of certain promissory notes executed by Hennessy to Haley, which constituted a part of the transaction for the purchase by Hennessy from Hal...
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This is an application for a writ of prohibition to prevent the respondent court from proceeding with the trial of the petitioner upon a charge of criminal libel now pending before it, upon the ground that the complaint therein does not state facts sufficient to charge a criminal offense and upon the further ground that the respondent court has no jurisdiction of the subject matter thereof in that...
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This is a petition for writ of review, after an award made by the Industrial Accident Commission to the father and mother of one Joe Zani, deceased, who lost his life through injuries received while in the employ of the petitioner. The award was based upon the finding of the Commission that the father and mother of the decedent, residents in Italy, were partial dependents upon their son at the tim...
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Plaintiff appeals from a judgment following an order sustaining defendant's demurrer to the second amended complaint. The action is one for damages for alleged malpractice. The complaint alleges that the defendant is, and at the times referred to was, a duly licensed and *Page 385 practicing physician and surgeon, and proceeds as follows: "That on or about the first day of May, 1920, plaintiff he...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 394 This is an appeal by defendant from an order granting a new trial after verdict in its favor and against the plaintiffs on its cross-complaint. In February, March, and April, 1921, the parties hereto entered into nine separate contracts, wherein the plain...
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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 an application for a writ of review of an order adjudging petitioners, who are, respectively, the officers and attorney of the Tranquility Irrigation District, guilty of contempt of court for the violation of a judgment of injunction issued by res...
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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 426 Appeal from a judgment awarding respondent damages in the sum of two thousand, one hundred dollars for personal injuries sustained by reason of being struck by an automobile operated by appellant August Adolph Leopold. The action was dismissed as to Emma ...
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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 438 This appeal is from a judgment awarding damages for the breach of the covenants of title and quiet enjoyment contained in a deed of real property executed by the defendant and her husband, as grantors, to the plaintiff, as grantee. The appeal is taken on ...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 447 The plaintiff brought an action in the ordinary form to quiet title to certain real property. The defendant answered, claiming title in himself. A decree was entered in favor of the plaintiff. Thereupon the defendant made a motion for a new trial, which w...
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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 454 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 455 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE 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 494 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 495 This is an appeal by plaintiffs from an order discharging a writ of attachment theretofore procured by them an...
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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 518 Application for writ of mandate directing respondent, as county clerk of Marin County, to receive, examine, certify, and forward to the Secretary of State a certain document or set of documents purporting to nominate the petitioners as group candidates fo...
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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 557 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 558 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE 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 576 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 577 On September 4, 1920, the plaintiffs and defendant met at the First National Bank of Burbank and there created...
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Contestants appeal herein from a judgment against them upon the pleadings in a proceeding to revoke the probate of a will upon the ground of the alleged undue influence of one Hamilton, who was a proponent of the will and a legatee thereunder. A demurrer, general and special, to the petition of contest having been filed and overruled, answers thereto were filed by the several defendants and the ma...
Views: 13
The defendants, Alberto Castello and Joe Albo, both natives of the republic of Mexico and aged, respectively, twenty-one and twenty-two years, were convicted in the superior court of the county of Los Angeles *Page 597 of the crime of grand larceny, committed on the thirtieth day of March, 1923. Before taking up their residences in Los Angeles they had resided at El Paso and had been acquaintance...
Views: 19
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 605 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 606 This is an application for a writ of mandate to compel the respondent Railroad Commission to fix and determine...
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This is an application for a writ of mandate wherein the petitioner Reclamation Board of California, acting for and on behalf of the Sacramento and San Joaquin Drainage District, as well as on its own behalf, petitions this court for the issuance of a writ of mandate commanding the respondent herein, Ray L. Riley as controller of the state of California to authorize and direct the respondent herei...
Views: 7
The defendant in this case was charged with and convicted of the crime of committing a lewd and a lascivious act upon and with the body of a child under the age of fourteen years as defined in section 288 of the Penal Code. The complaining witness, who at the time of the act alleged to have been committed by the defendant, was a child of the age of six years, is a sister of the defendant's wife an...
Views: 8
This appeal is by the plaintiff from a judgment in the defendants' favor based upon the order of the trial court sustaining the latters' general and special demurrers to the plaintiff's fourth amended complaint. There is also included an appeal from an order of the trial court striking out the plaintiff's proposed fifth amended complaint. The action is one brought by the plaintiff to have reformed...
Views: 10
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 662 An award was made by the Industrial Accident Commission in favor of Charles Laton Eubanks, whom we shall designate the applicant, and against the Roman Catholic Archbishop of San Francisco, a corporation sole, hereinafter referred to as petitioner. The aw...
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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 681 The defendant was accused by indictment found by the grand jury of Los Angeles County of the crime of murder. Following a verdict of guilty without recommendation he was sentenced to suffer the extreme penalty. He appeals from the judgment of conviction a...
Views: 9
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 690 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 691 Upon information charging him with the crime of murder, the defendant was convicted of manslaughter. He appeal...
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These two cases were consolidated for the purposes of trial and have been presented together in the transcript and briefs upon appeal. In the first of these cases William D. Shreeves and Grace Shreeves, his wife, brought suit against Nettie R. Pearson for the specific performance of an agreement for the purchase and sale of certain premises, which resulted in a judgment in favor of the defendant. ...
Views: 9
This is an application for a writ of mandate to require the respondent as state treasurer to sell and deliver to petitioners at the price bid by them at a sale conducted by respondent on October 23, 1924, a certain issue of two million dollars par value of "Veterans' Welfare Bonds," pursuant to the provisions of the Veterans' Welfare Bond Act (Stats. 1921, p. 959) and of section 31 of article IV o...
Views: 1
The defendant appeals from a judgment for a balance due on a promissory note and for the value of grapes sold and delivered. On September 20, 1922, plaintiffs entered into a contract with defendant by which the latter agreed to buy the grape crop on the land of the plaintiffs for $7,750, one-half of the purchase price of which was evidenced by a promissory note for that amount, payable in thirty d...
Views: 8
This appeal relates to matters arising out of the attachment referred to in the opinion of the court in Puppo v. Larosa,ante, p. 717 [230 P. 439]. It is an appeal by defendant from an order denying his motion to strike from the files an amended memorandum of costs and disbursements, and also from an order denying his motion to tax costs. The original cost bill as filed by plaintiffs contained item...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 727 These appeals are from decrees of the superior court in probate settling a final account of Anne Bates Randall as executrix, and ordering final distribution of said estate. The record upon appeal is presented in a printed transcript which includes a bill ...
Views: 9
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 736 This is a petition for a writ of review wherein it is sought to annul orders of the respondent Railroad Commission requiring the payment of reparation in twelve proceedings instituted before it. The issues in the several proceedings were the same and the ...
Views: 9
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 750 The plaintiff in this action seeks the equitable relief of injunction to prevent the defendants from selling real property under an execution sale. The trial court denied the relief sought and this is an appeal from a judgment in favor of the defendants. ...
Views: 9
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 759 Certiorari to review and annul an order and decision of the Railroad Commission exempting *Page 760 certain stockholders of the Mound Water Company from payment of the rates therein found to be just and reasonable. The proceeding is in effect one in mand...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 770 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 771 W.W. Taylor and Lottie L. Taylor, plaintiffs, brought an action against Franklin H. Hamilton, Franklin H. Hami...
Views: 10
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 784 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 785 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
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[1] It appearing upon the face of the petition herein that the petitioner has heretofore applied for a similar writ of prohibition to the district court of appeal, in and for the third appellate district, and that its said application was, on the fourteenth day of November, 1924, denied by said court, the remedy of the petitioner herein was by application for a transfer and hearing in this court u...
Views: 3
This is an application for a writ of habeas corpus to secure the release of petitioner from detention made upon an order of commitment of the superior court of the county of Los Angeles for contempt of said court. Petitioner was regularly served with a subpoena duces tecum issued in an action pending before the superior court of Los Angeles County, department 28 thereof, purporting to sit in the c...
Views: 1
This is a creditor's action to recover on unpaid subscriptions to the stock of the Medical Building Corporation. The plaintiff alleged and proved himself to be a judgment creditor of the corporation, he having commenced an action against the corporation on July 12, 1915, and secured a judgment thereon on December 31, 1917, against the corporation, upon which judgment an execution was taken out and...
Views: 4
This is a petition for writ of mandamus to compel the respondent to certify to a reporter’s transcript of the trial prepared under the provisions of section 953a et seq. of the Code of Civil Procedure. The transcript was prepared and paid for within time and after due and legal notice requiring its preparation. Either two or three copies of the transcript were prepared by the reporter. Two of t...
Views: 0
The bill of exceptions herein was settled and ordered engrossed in pursuance of a stipulation between *Page 18 the parties. The time for the engrossment of the bill of exceptions was extended from time to time and was presented for certification to the trial judge more than forty days after the order settling the bill. Upon application to the trial judge for certification of the engrossed bill of...
Views: 2
The petitioner seeks a writ of prohibition to prevent the district court of appeal from issuing its writ of mandate in pursuance of an opinion rendered by that court November 24, 1923. An alternative writ of prohibition was issued, returnable January 8, 1924. The only question which this court considered worthy of consideration upon the application for the writ of prohibition was the question as t...
Views: 4
The petitioner seeks relief on a writ of habeas corpus. The facts in connection with his sentence and imprisonment are stated in the opinion heretofore rendered by this court (In reBogden, 192 Cal. 163 [218 P. 1017]). We there held that the effect of the Governor's pardon was that the prisoner should serve the balance of the ten-year term expiring July 6, 1924. He now claims that by reason of good...
Views: 13
The petitioners are the owners of lands over which one of the branch ditches of respondent Natomas Water Company, known as the valley lateral, and which forms a part of an original system, is constructed, and each of said petitioners is a holder of a water-rate contract entered *Page 24 into by some of the petitioners in the year 1893 and by others in 1894, with the Natomas Vineyard Company, a co...
Views: 1
Petitioner seeks a writ of habeas corpus upon the ground that he is detained under a judgment of a justice's court of Visalia township, county of Tulare, state of California, adjudging him guilty upon three counts of a complaint charging him with a violation of the Wright Act (Stats. 1921, p. 79). The first count charged him with the possession of intoxicating liquor, the second with transporting ...
Views: 11
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 41 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 42 Each of the defendants appeals separately herein from a judgment of conviction upon a verdict of guilty against ...
Views: 22
Plaintiff brought this action to enjoin the trustees of the Selma Union High School District of Fresno County from carrying into effect a resolution for the purchase of twelve copies of the Bible in the King James version for the library of the high school. George Enos was permitted to intervene and filed a complaint which alleged substantially the same matters and sought the same relief as that ...
Views: 4
This is an application for a writ of mandamus directed to the respondents. An alternative writ was issued by the district court of appeal of the first appellate district, division one, and a peremptory writ denied after hearing, without any written opinion. [1] Under the rule stated in Burke v. Maze, 10 Cal.App. 206 [101 P. 438], we do not grant a transfer unless an error appears upon the face of ...
Views: 2
I dissent. The indisputable facts of this case are that defendant is a corporation, doing a general seed and plant business throughout southern California, with its principal place of business at Los Angeles, this state. Plaintiff was engaged in raising for sale in the market of San Diego and vicinity a variety of celery known as the Golden Yellow. Eight acres of his eighteen-acre holding situate ...
Views: 0
Further consideration of the record and the points made in this case satisfies us that the decision in the first instance of the district court of appeal as rendered by Mr. Justice Sturtevant is correct and we hereby adopt his opinion as follows: "The plaintiff commenced an action against the defendant to obtain a judgment reforming a contract alleged to have been executed through the mistake of t...
Views: 8
This is an appeal by plaintiff from a judgment entered upon an order sustaining a demurrer to plaintiff's amended complaint without leave to amend. Plaintiff in its complaint seeks to allege a cause of action under the Cartwright Act (Act 4166, Gen. Laws of Cal. [1915] Deering, Stats. 1907, p. 984, as amended by Stats. 1909, p. 593) for double damages by reason of certain acts of defendants, who c...
Views: 6
The defendant appeals herein from a judgment in favor of plaintiff in an action to quiet title and to set aside a trustee's sale under power of sale in a trust deed, and to cancel the deed executed pursuant thereto, or to compel a reconveyance of the property. The essential facts may be stated as follows: On February 15, 1918, one E.W. Myers, who was then the owner of the property involved herein,...
Views: 12
Plaintiff brought this action to secure an injunction perpetually restraining the Industrial Accident Commission of the state of California and William T. Soley from enforcing an award made by the commission to Soley for injuries alleged to have been sustained by the latter in *Page 139 the course of his employment by this plaintiff. The action was dismissed as to the commission. The demurrer of ...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 144 Plaintiff sued to recover from defendant the amount of four promissory notes in varying sums. The complaint is in four counts, each setting out as a cause of action a promissory note. The first note was for five hundred dollars, dated January 19, 1918; th...
Views: 19
This is an appeal under section 953a of the Code of Civil Procedure from a judgment following a verdict in favor of plaintiff for $2,044.50 as damages for the death of his minor son, which resulted from a collision between an automobile driven by defendant and a motorcycle driven by one Clarence Garns, upon which the decedent was riding as a guest. In arriving at their verdict for the plaintiff th...
Views: 9
This is a proceeding in review to determine the legality of a death benefit allowed by the respondent Commission to a father and mother, the partial dependents of a street-car conductor in the employ of the petitioner. It was stipulated before the Commission that the injury which caused the death of the employee arose out of and occurred in the course of his employment. Some six years before his d...
Views: 5
This is a petition for a writ of mandate to compel the settlement of a transcript under section 953a of the Code of Civil Procedure. The failure of respondent to certify the transcript in this case is based upon the proposition that the notice to prepare a record under the provisions of section 953a of the Code of Civil Procedure was given after judgment and before the decision of the trial cou...
Views: 2
Plaintiff brought this action to recover from the defendant the sum of $1,050, with interest, the amount evidenced by a certain certificate of deposit made and delivered by the defendant to the plaintiff. Judgment was entered for the defendant, and plaintiff has appealed. On the eleventh day of December, 1920, appellant held an interest-bearing certificate of deposit for $1,050, issued to him by t...
Views: 5
Petitioner is detained in the California state prison at Folsom and seeks a writ of habeas corpus. The judgment under which he is imprisoned sentenced petitioner to be confined in the California state prison according to law. The petitioner was convicted of the crime of robbery after a prior conviction of a felony. (In re Heath,49 Cal.App. 657 [194 P. 68].) The punishment fixed by law is life impr...
Views: 4
This is an appeal by defendant from an order granting the plaintiff's motion for a new trial based upon the ground of insufficiency of the evidence to support the verdict. The action was one to recover the sum of twenty thousand dollars as compensation for personal injuries, loss of earnings, and damage to property resulting from a collision between the motorcycle of the plaintiff, upon which he w...
Views: 6
Defendants appeal from a judgment in favor of plaintiff in an action upon a promissory note. The sole *Page 199 contention urged by them upon this appeal is that the cause of action was barred by the statute of limitations. After the former decision of this case a rehearing was applied for by the respondent upon the ground that we had failed to consider one of the points made by her upon the oral...
Views: 8
Appeal from a judgment of nonsuit in an action by appellant to recover damages from respondents for injuries sustained by the former while driving an automobile by reason of being struck by an engine drawing a train of cars, which, it is alleged, was operated by respondents in a careless and negligent manner. A single track of the Western Pacific Railroad Company, a steam railroad, occupies a posi...
Views: 11
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 227 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 228 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
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This action in unlawful detainer was instituted by the plaintiff for the purpose of recovering from the defendant the possession of certain real property in the city of Madera. It was alleged that defendant had occupied the premises under a tenancy from month to month; that the tenancy had been terminated and possession of the premises demanded by plaintiff in accordance with the provisions of sec...
Views: 19
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 299 Defendants appeal herein from a judgment on verdict in favor of the plaintiff in an action to recover damages for personal injuries sustained by the plaintiff in falling to the bottom of an elevator shaft in an apartment house operated by the defendants. ...
Views: 18
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 313 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 314 This is an appeal by the defendant, Southern Pacific Company, from a judgment rendered against it in the sum o...
Views: 4
The following opinion, prepared by Mr. Justice Kerrigan prior to his retirement, is hereby adopted as the opinion of the court. This is an action for damages for breach of a contract to buy a carload of wire. Plaintiff recovered a judgment of $2,848.10, being the difference between the contract price and the market value of the goods, and defendant appeals. The facts of the case as they appear fro...
Views: 1
The petition is denied. The petitioner having applied to the district court of appeal for a similar writ, which petition was by said court denied, the appropriate procedure under the rules of this court is that of an application for a rehearing in this court upon said petition and the order of the district court of appeal denying the same....
Views: 0
The parties hereto intermarried in this state on August 19, 1918. The defendant gave birth to a child seven months and ten days after the marriage took place, having been pregnant before and at the time of the marriage by a person other than the plaintiff. Such pregnancy was not disclosed to the plaintiff and he had no knowledge of the same and believed that the child was his child and a child of ...
Views: 3
The plaintiffs recovered judgment in the court below in. an action upon contract to recover the agreed price for services rendered by them as architects employed by the defendant. The defendant has appealed therefrom upon the judgment-roll alone. But two points are made by him upon this appeal. The first is that the court erred in allowing plaintiffs to amend their complaint. The original compl...
Views: 6
The respondents moved to dismiss the appeal from the judgment taken by the appellants upon the ground that the notice of appeal was filed too late. This question turns upon whether or not there was a motion pending for a new trial. Appellants claim that the notice of intention to move for a new trial was not properly served and filed. Since the hearing of the motion affidavits have been filed show...
Views: 12
Application for writ of habeas corpus. The petitioner, who, on the nineteenth day of August, 1923, was engaged in the business of conducting an employment agency in the city of Los Angeles, is restrained of his liberty by the chief of police of said city of Los Angeles by virtue of a warrant of arrest issued upon a *Page 338 criminal complaint charging him with the violation of that portion of se...
Views: 8
Del Rote, while employed by the petitioner here, was shot by a fellow-employee. The respondent Commission found that the injury, which resulted in Rote's death, occurred in the course of and arose out of his employment. It also found that the employee left surviving him, and wholly dependent, his wife, Mary Rote, to whom it awarded a death benefit in the sum of four thousand nine hundred dollars, ...
Views: 5
This is an appeal from a judgment in favor of the defendants in an action commenced by the plaintiff to set aside a sale of real estate made under the power granted to the trustee in a trust deed. The facts out of which this litigation arose are practically undisputed and may be briefly summarized as follows: On and prior to the twenty-fifth day of March, 1916, F.H. Baldwin and Margaret L. Baldwin...
Views: 3
This is an appeal from an order of the probate court granting the petition of Mary E. Parkinson, the widow of Charles A. Parkinson, deceased, for an allowance for her support out of his estate. The appellant, Ida J. Parkinson, is a sister of the decedent and the residuary legatee under his will, and upon the hearing upon said petition she contended, and she also contends upon this appeal, *Page 35...
Views: 3
Plaintiffs appeal herein on the judgment-roll alone from a judgment in favor of defendant in an action to recover damages for the wrongful conversion of a certain crop of peaches. The only question involved upon the appeal is whether or not the doctrine of election of remedies was applicable to this case, and, if so, whether or not the defendant was entitled to rely upon it as a defense to the cau...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 370 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 371 Plaintiffs, as stockholders and as directors, respectively, of the defendant corporation, The Hotaling Estate ...
Views: 7
At the conclusion of the oral argument in the above-entitled matter the Chief Justice made the following statement: [1] The Chief Justice: The justices are all satisfied that the complaint upon which the petitioner is held, as shown by the return, states a public offense, and that the question of whether or not the petitioner was guilty or innocent of that offense is the question counsel is now pr...
Views: 1
At the conclusion of the oral argument the Chief Justice made the following statement: [1] The Chief Justice: The members of the court are satisfied that the first judgment pronounced by the trial *Page 388 court, which recited the verdict of the jury finding the petitioner guilty of the offense stated in the information, to wit, a conspiracy to obtain personal property to a value of more than on...
Views: 2
This is a proceeding in quo warranto instituted by the people of the state of California, upon the relation of George D. Gillespie, to remove from office, on the ground of ineligibility, the five members of the state board of chiropractic examiners appointed by the Governor of the state acting, it is claimed, within the power conferred upon him by the initiative measure approved at the general ele...
Views: 0
This is a petition for a writ of mandate wherein the Montecito County Water District, a public corporation, seeks to compel the respondent, H.J. Doulton, as president of said district, to sign certain bonds of said district which he has thus far refused to do. The facts out of which this proceeding arose, as set forth in said petition and conceded by the respondent to be truly stated thereunder, a...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 408 Four proceedings in certiorari were initiated in this court by the above petitioners – an employer and his insurance carrier – to annul awards made by the Industrial Accident Commission. The employer, Eric Larson, owns and operates a large grain ranch, so...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 415 Certiorari to review and annul an award of five thousand dollars to the wife and two minor children of Howard Johnson, deceased, an employee of the Western Pacific Railroad Company. The facts of the case upon which the award is rested succinctly stated ar...
Views: 26
This is a proceeding in certiorari, instituted by National Engineering Corporation and the Ocean Accident *Page 424 and Guarantee Corporation, Limited, of London, England, its insurance carrier, to review the action of the Industrial Accident Commission in the matter of the application of respondent J.C. Westhafer for compensation under the provisions of the Workmen's Compensation Act. Westhafer ...
Views: 10
This is an appeal from a judgment of the superior court of the county of San Bernardino, after an order made by said court sustaining the defendant's demurrer to the plaintiff's petition for a writ of mandate requiring her, in her capacity of county superintendent of schools of said county, to approve a warrant issued by the Alta Loma school district to the Northwestern Mutual Fire Association in ...
Views: 12
These cases, presenting precisely the same questions of law, have been consolidated by the stipulations of the parties thereto, and are presented as one proceeding. The actions were brought by the petitioner in his official capacity as state controller. The appeals are taken by respondents and appellants, adult children of Elizabeth H. Havens, deceased, from judgments holding each respectively lia...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 443 This is an appeal from a final judgment of conviction, carrying with it the death penalty, following and based upon a verdict of a jury finding the defendant guilty of the crime of murder in the first degree. Three eye-witnesses to the homicide testified ...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 453 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 454 This is an appeal, on the judgment-roll alone, by the Oakland Railways, one of many defendants, in an action b...
Views: 6
This is an application for a writ of review for the purpose of determining the lawfulness of an award and certain orders of the Industrial Accident Commission. The petitioner is the insurance carrier of Robert A. Gebhardt, the owner of a restaurant, who had in his employ the respondent, Ernest Kopp, a cook, and one Paul Griffith, who was a dishwasher and roustabout. As the result of an altercation...
Views: 3
The prisoner was convicted of murder in the first degree and judgment was pronounced imposing the death penalty and fixing the day for the execution thereof, prior to the 1923 amendments to sections 1193 and 1227 of the Penal Code. Thereafter, upon appeal to this court, the judgment was affirmed. (People v. Wolfgang, 192 Cal. 754 [221 P. 907].) Upon the going down of the remittitur the trial court...
Views: 2
The defendant was convicted upon each of two counts of an information which in the first count charged him with the commission of the crime of burglary with intent to committ larceny and in the second count charged him with the crime of robbery. The court received in evidence the testimony given in January, 1923, at the preliminary examination, by Edwin A. MacPherson and his wife, Ellen MacPherson...
Views: 8
In a divorce action pending in the superior court of Los Angeles County in 1912, wherein Francis M. Parker (the decedent herein) was plaintiff and Willie O. Parker (plaintiff and respondent herein) was defendant, it was stipulated in open court at the trial that "if a decree for divorce should be awarded to either party, the court instead of dividing the property of said parties between them might...
Views: 20
These actions were brought to foreclose liens for street improvement work done under the order and by the direction of the hoard of trustees of Daly City, county of San Mateo, as provided by the Street Improvement Act, approved April 7, 1911. (Stats, and Amendments 1911, p. 730.) The same questions of law being *489 presented by each, they have been consolidated for the purposes of appeal and p...
Views: 2
Defendant was accused in an information filed in the superior court of the county of Los Angeles with the crime of murder and upon the trial the jury found him guilty of murder in the first degree and fixed the penalty at death. From that judgment defendant appeals. The murder occurred in the rear end of a trunk store, located at 419 South Spring Street, in the city of Los Angeles, at about 6 o'cl...
Views: 5
Petitioner brings this proceeding as a resident, elector, and taxpayer of the city of Long Beach to procure a writ of mandate against the respondents respectively, city clerk and members of the city council of said city, to compel the city clerk to certify a new and correct list of candidates for the office of city attorney of said city to be voted for at an election to be held therein on the thir...
Views: 12
This appeal is from a judgment of the superior court of the county of San Joaquin denying the right of the plaintiff to an injunction restraining the defendant Board of Supervisors of said county from proceeding with the levy and collection of a certain tax upon the property of taxpayers within the exterior boundaries of said county. The tax which it was sought to have imposed and collected was ba...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 514 This appeal is from a judgment of conviction of the defendant upon a charge of manslaughter which consisted in the killing of one Agnes Johnson on Van Ness Avenue, near its intersection with Sutter Street, in the city and county of San Francisco, shortly ...
Views: 17
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 524 The original petition in this proceeding was filed June 19, 1914, in the superior court of the city and county of San Francisco, to compel the payment of a transfer tax, as imposed by the Inheritance Tax Act of 1893 (Stats. 1893, p. 193), upon the right t...
Views: 4
This is a petition for a writ of supersedeas. The appellant within due time perfected his appeal and filed an undertaking upon appeal with two sureties in the amount fixed by the court, two thousand five hundred dollars. Thereafter, the respondent having excepted to the *Page 539 sufficiency of the sureties, appellant served notice that they would justify before the court on a date therein specif...
Views: 3
The petition herein is entitled "Petition for a Writ of Mandate," but the prayer thereof is, in substance, for a writ of review. The writ which was issued by us at petitioner's request was in effect a writ of review, though entitled writ of mandate, and in response to it the *Page 541 record of the lower court has been certified to us. The facts are as follows: The petitioner herein recovered a j...
Views: 5
The petition for a rehearing is denied. We deem it necessary, however, to say that the original opinion is not to be construed as holding that where counsel for the defendant in his argument to the jury, departing from the record, comments upon facts and circumstances not appearing in evidence in the case, the district attorney will be justified in his reply argument in referring to matters and th...
Views: 0
After a further consideration of this case since the granting of the application for a transfer and rehearing by this court after judgment of the district court of appeal, we are satisfied with and hereby adopt the opinion of that court herein, which was prepared by Mr. Presiding Justice Langdon, and is as follows: "This is an appeal by the plaintiff from a judgment against him in an action in whi...
Views: 7
This is a petition for a writ of supersedeas. Plaintiffs herein brought an action in the court below against the defendant Trust Company as the holder of certain funds under an express trust, the terms of which are defined in a judgment which has become final, and joined therein as codefendants certain individuals who were beneficiaries under said trust. Plaintiff's had judgment against the defend...
Views: 2
This is a petition for a writ of mandate to compel the respondent Superior Court to make and enter a finding and decree of due publication of notice to creditors in a probate proceeding pending before it. Section 1490 of the Code of Civil Procedure provides for the publication of a notice to creditors "requiring all persons having claims against said decedent to file them, with the necessary vouch...
Views: 1
Plaintiff brought this action to quiet title. Judgment was entered for the defendant and plaintiff has appealed. Appellant and respondent are the owners of adjoining parcels of land, that of the respondent being described as lying immediately north of that belonging to the appellant. The location of the boundary line between the two properties is really the point in dispute, and the controversy in...
Views: 1
The defendant appealed herein upon the judgment-roll alone from a judgment in favor of the plaintiff foreclosing a street assessment lien. The matter now involved herein is a motion to dismiss the appeal upon the ground that appellant failed to file his transcript upon appeal in time. The judgment was entered in the lower court December 12, 1922; defendant’s motion for a new trial denied January ...
Views: 1
This is an application for a writ of review to annul an order of the respondent court vacating a restraining order theretofore granted by it for the purpose *Page 577 of preserving the status quo pending an appeal The petitioners herein had commenced an action in the respondent court for an injunction, and upon the filing of their complaint made an application for an injunction pendente lite. An ...
Views: 11
This is an application for a writ of prohibition to prevent all of the judges of the superior court of San Diego County from proceeding in a certain cause pending in that court wherein the city of San Diego is plaintiff and the petitioners herein are defendants. The sole ground for the application is the claim of a disqualifying interest possessed by the respondent judges under subdivision 1 of se...
Views: 10
Section 1279 of the Civil Code of this state provides: "A conjoint or mutual will is valid, but it may be revoked by any of the testators, in like manner with any other will." On April 16, 1919, John Rolls and Leah Rolls, husband and wife, residents of the city of Los Angeles, pursuant to the foregoing provision of the Civil Code, executed a conjoint and mutual will. The husband, being then ill, w...
Views: 9
This action was one wherein the plaintiff sought to recover damages from the defendant for injuries received as the alleged result of the negligence of the defendant in the performance of a surgical operation. The plaintiff headed her complaint with the caption, "Damages for Negligence," and then proceeded to allege: "1. That in and about the month of October, 1920, and at all times herein mention...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 611 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 612 This is an appeal from a judgment of the superior court of Imperial County in favor of the plaintiff in an act...
Views: 4
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 635 On application of his attorneys a writ of habeas corpus was issued on behalf of Gevino Rameriz, whom we shall refer to as petitioner. The record before us shows that he was charged, tried, and convicted in Kings County and sentenced to serve a term of fro...
Views: 10
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 655 Defendants appeal from a judgment in favor of plaintiffs for personal injuries suffered by Toki Idemoto as the result of an automobile accident upon the public highway. Plaintiff Toki Idemoto, while walking in a northerly direction upon the easterly or ri...
Views: 3
This is an application for a writ of mandamus to compel the trustees of Big Pine School District of Inyo County, this state, and its teacher, to admit and receive into said school as a pupil thereof, Alice Piper, a female Indian child of the age of fifteen years, and a resident of said district, who has been excluded from attendance upon said school. Big Pine School District is a part of the commo...
Views: 8
The rehearing is denied. It is appropriate however, to say that the use of the word “loaned” in the statement of the opinion that “Mary A. Huntington loaned him [the defendant Hewlett] $200,000.00 on the security of two hundred of the bonds” is inaccurate. While Mary A. Huntington did not actually loan the defendant Hewlett $200,000, she did assign to him a one-half interest in a note calling for...
Views: 0
This is an appeal from a judgment in the plaintiff's favor in an action to foreclose a lien for street improvement work performed for the benefit of lot number 59, as shown by the assessment and diagram, situate at the southeast corner of Forty-fourth Avenue and Balboa Street, in the city and county of San Francisco, and owned by defendant Charles F. Hanlon. The assessment was made under the proce...
Views: 1
This appeal is from a judgment in favor of plaintiff in an action brought to foreclose a street improvement lien upon the property of defendant Hanlon, situate on Mariposa Street between Potrero Avenue and Utah Street, city and county of San Francisco. It presents substantially the same questions that were decided in Fay Improvement Co. v. Hanlon, ante, p. 709 [227 P. 482]. The assessment was made...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 721 The defendant corporation, which is engaged in the business of canning, packing, and preserving fish, appeals herein from an order granting an injunction pendente lite restraining the defendant from using, in a reduction plant for the manufacture of fish ...
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— The defendant, Marina Torres, was charged by information in three counts (1) with the crime of pandering, in procuring, persuading and encouraging a female to become an inmate of a house of prostitution; (2) with feloniously aiding, abetting, encouraging and assisting one John Doe in the commission of the crime of rape upon the complaining witness, a female under eighteen years of age, and (3) ...
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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 742 The petitioner, as controller of the state of California, instituted this proceeding in mandate to compel the respondents, as members of and constituting the State Board of Accountancy, to account to the petitioner for and to pay into the state treasury a...
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In this action for an accounting and the delivery of personal property, the demurrer to the complaint was sustained with leave to amend. The plaintiff having failed to amend, judgment was thereupon entered in favor of defendants and the plaintiff has appealed therefrom. The complaint alleges, in substance, that, pursuant to petition duly filed, defendant G. Bertolone was adjudicated a bankrupt on ...
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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 757 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 758 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
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The petitioner seeks a writ of mandate to compel the respondents as members of and constituting the Board of Pilot Commissioners for the ports of San Francisco, Mare Island, and Benicia to account to him as controller of the state of California for and to pay into the state treasury all moneys received by the respondents pursuant to section 2460 of the Political Code during the months of September...
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[1] This case is similar in its facts to the case ofMiller v. Germain Seed Plant Co., ante, p. 62 [32 A. L. R. 1215, 222 P. 817], and upon the authority of that case the judgment is reversed. Wilbur, C. J., Myers, J., Waste, J., Kerrigan, J., and Lennon, J., concurred. Seawell, J., and Lawlor, J., dissented....
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The principle of law which rules In re Smith, ante, p. 337 [223 P. 971], is decisive of the instant case. The facts of the two cases are so similar in material respects as to bring both within the same rule of law. [1] Upon the authority of Exparte Smith the writ is granted and the petitioner is released from custody. *Page 1 ...
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