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All Reporters → cal-lexis → Volume 1931

Opinions in cal-lexis Volume 1931

In a criminal action commenced by the filing of a complaint in the Municipal Court of the City of Los Angeles the petitioners, George Mefferd and Joseph Waldman, were convicted of violating certain provisions of the Fruit, Nut and Vegetable Standardization Act. (Stats. 1927, p. 1845.) Contending that the act is unconstitutional and void, the petitioners appealed to the appellate department of the ...
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Petitioner invokes the aid of the writ of mandamus to compel the judge presiding in the department of the Superior Court of the County of Alameda in which a proceeding is pending wherein petitioner and approximately *Page 2 100 other shareholders of the capital stock issued by the Automatic Electrical Machine Company, Inc., a foreign corporation, are joined as plaintiffs and Victory A. Derrick, C...
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Defendants appeal on the judgment-roll from a judgment decreeing the cancellation of a deed by which plaintiff conveyed real property in the city of Glendale, county of Los Angeles, to defendant A.F. Luse in reliance on the fraudulent promise of said defendant to cause to be conveyed to her in exchange therefor valuable oil lands in the state of Texas. The judgment also directed defendant Luse 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 17 THE COURT. This action was instituted by plaintiffs as property owners in Shatto Place tract, in the city of Los Angeles, to enjoin defendants from constructing and maintaining a gasoline, oil and service station on lots 13, 14 and 15, block 2, in said tra...
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Action to recover on a promissory note for the sum of $2,500 with interest at eight per cent per annum. The note was dated August 27, 1926. The indebtedness represented by said note was created in the first instance on March 18, 1921, on which date a promissory note for the sum of $2,500 with interest at eight per cent per annum was executed and delivered by the defendant. Thereafter said note was...
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Plaintiff appeals from a judgment entered in a personal injury action in the above-entitled causes upon a jury’s verdict rendered in favor of Richard Cantley and Joseph Tanzola, partners doing a trucking business under the partnership name of Cantley & Tanzola, and E. L. Cook, the latter being employed as a driver for said trucking company. D. F. Staley was an original defendant in the action, ...
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This is an appeal from a judgment for the plaintiff in an action to recover damages suffered by the plaintiff on account of an alleged fraudulent sale to her by the defendants of corporate stock of the defendant corporation. [1] It is not disputed that the stock certificates delivered to the plaintiff in exchange for $5,000 cash found to have been paid by her were issued by the corporation and del...
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J.H. Smith, a resident of the county of Los Angeles, died on August 9, 1925, leaving real and personal property therein. On May 6, 1926, after proceedings duly had, a document purporting to be the last will and testament of said deceased and dated July 26, 1924, was admitted to probate as his last will and testament. In this will J. Truitt (now J. Truitt Bustemante) and Annie Dupea were named as d...
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Appeal by David H. Howie, V.H. Rossetti and Helen Troy, as executors of the will of John James Troy, deceased, by David H. Howie and V.H. Rossetti, as trustees named in said will, and by the Trustees of Dartmouth College, from that portion of the decree of distribution which provides for the distribution of the residue of the decedent's estate to Helen Troy, the decedent's widow, and James Storrow...
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This is an appeal from a judgment in favor of the defendant in an action for damages to real property. The plaintiff is the owner of a lot 53.10 feet in width by 145 feet in depth fronting on Sunset Boulevard and opposite Cassil Place, a public street, terminating at Sunset Boulevard at right angles from the north. Sunset Boulevard is an improved public street 100 feet in width having a paved thor...
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Action by landlord against tenants for rent. Judgment for plaintiff; defendants appeal. The facts are not in dispute. On July 24, 1923, N. Julian, the husband and assignor of plaintiff, as lessor, made a lease to defendants of certain business property in San Pedro, Los Angeles County, for the period of five years from December 2, 1923. The agreed rental was $6,000 per annum for the first two year...
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THE COURT. This is a suit against defendant Southern Pacific Railroad Company, the vendor under a contract for the sale of real property, to rescind an agreement of cancellation of part of said contract. Plaintiff bank sues as trustee for Atlantic and Pacific Fibre Company, the purchaser. The property involved is part of a federal land grant to defendant, and the essential facts necessary to an un...
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THE COURT. This is an action by the trustee in bankruptcy of a bankrupt corporation against several defendants, for an accounting, to declare a trust in certain securities, and for other equitable relief. The principal defendant is George C. Stephens, its former president. The trial court rendered judgment in favor of plaintiff for the relief demanded, and defendants brought this appeal, chiefly o...
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THE COURT. At the close of oral argument the chief justice announced the decision of the court as follows: [1] The question involved is not new. We have examined it a great many times. On the authority of Estate of Wellings,192 Cal. 506, 519 [221 P. 628], Heron v. Riley, 209 Cal. 507 [289 P. 160], Frank v. Maguire, 201 Cal. 414 [257 P. 515], Buelke v. Levenstadt, 190 Cal. 684 [214 P. 42], and case...
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The parties hereto were granted an interlocutory decree of divorce on the twenty-third day of January, 1926. The decree was granted on the cross-complaint of the defendant, which charged cruelty on behalf of the husband, the plaintiff. By the decree the care, custody and control of the minor child of the parties, a boy then about sixteen months old, was awarded to the defendant, the mother “until...
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Action brought by the plaintiff as trustee of the estate of Gabriel Tjensvold, bankrupt, against Paul F. Tjensvold, and the Berkeley Thousand Oaks Realty Company, to set aside and to have declared null and void two certain deeds, one a quitclaim deed made by said bankrupt to the defendant, a son of said bankrupt, and the *106 other a grant deed made to said defendant, Tjensvold, by said realty ...
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Upon further consideration of the respective claims of the parties in the above-entitled action, we have concluded that the opinion of the District Court of Appeal rendered herein contains a correct determination of the issues presented, and we hereby adopt said opinion as the opinion of this court. [1] The opinion follows the ruling of the Supreme Court of Idaho in the case of McCornick Co. v. G...
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THE COURT. Charles Yale died in the county of Los Angeles on September 6, 1927, at the age of eighty-one and leaving an estate of approximately $200,000. Two days later William E. Briggs, as the executor named therein, filed with the county clerk documents purporting to be the will of the decedent, dated August 21, 1927, and a codicil thereto dated September 3, 1927. On September 27, *Page 117 19...
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The petitioner herein applies for a writ of mandate, to be directed against the respondent herein, as Controller of the State of California, commanding him to issue a salary warrant, drawn on the state treasury to the petitioner, for the sum of $555.97, the sum being alleged to be the salary due him for his services during the *Page 126 month of July, 1931, as a member of the board of pilot commi...
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THE COURT. The California Trust Company appeals from a judgment of the Superior Court of Los Angeles County directing said Trust Company, as trustee of a trust estate created by the will of Edwin P. Benjamin, the father of said plaintiff, to pay over and deliver to the plaintiff a sum equal to a one-third part of thecorpus of the trust created by the will of said Edwin P. Benjamin for her benefit,...
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This is an action for personal injuries. Defendant owned a concrete mixer which was being operated by his employees in certain construction work. The engine broke down and plaintiff was sent by his employer, O.F. Werner, to make necessary repairs. Plaintiff worked on the engine for several hours, and when his repairs were completed, defendant's employees put the mixer in motion to test it, and pla...
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THE COURT. A hearing was granted in this case after decision by the District Court of Appeal, First Appellate District, Division Two. Upon further consideration we are satisfied with the disposition of the cause made by said court, and we hereby adopt the opinion of Mr. Justice Sturtevant as the opinion of this court. It reads as follows: "The public administrator of San Francisco filed a petition...
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By information filed in Los Angeles County the defendant was charged in nine counts. The first count alleged a violation of the Corporate Securities Act (Stats. 1917, p. 673, as amended). Counts two to nine, inclusive, alleged grand theft in that the defendant, at various times alleged in these several counts, unlawfully took money belonging to the complaining witness, Mrs. Thomas E. Merrill. The ...
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This is a petition for a writ of habeas corpus. The petitioner, William J. Bost, was charged in the county of Los Angeles with the crime of murder. He was convicted of manslaughter and sentenced to San Quentin for the term provided by law. Pursuant to the judgment a commitment was issued on October 18, 1929, and on November 9, 1929, the petitioner was delivered into the custody of the warden at Sa...
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The plaintiff bank, as drawee, seeks to recover money paid to the defendant bank, a holder in due course, on a check certified by plaintiff in which the name of the payee had been altered prior to certification, and which check had been indorsed and negotiated by the substituted payee. Under the provisions of section 3143 of the Civil Code (sec. 62, N.I.L.), "The acceptor by accepting the instrume...
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This record discloses that the ordinary Fordson tractor is an agricultural implement and not a "motor-driven car" within the meaning of the insurance policy involved in this action. This was the holding of the District Court of Appeal, ([Cal.App.] 300 P. 97) and upon further consideration of the cause we have been led to agree with its conclusion. (Perry v. North Americanetc. Co., 104 N.J.L. 117 [...
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The respondent, as registrar of voters, has refused to accept and file declarations of candidacy tendered by the petitioners for the offices of auditor, coroner and county clerk, respectively, to be voted on at the election to be held in the city and county of San Francisco on November 3, 1931. Respondent's refusal was based on his contention that, under the provisions of a new freeholders' charte...
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Appeal from judgment of conviction by jury, on undisputed evidence, of the crime of forgery, charged in the information as follows: That "he falsely altered and forged the name of Sam Snyder to a check . . . in the sum of $25.00 with intent to defraud . . ." [1] The information was amended pursuant to section 969a of the Penal Code to allege prior conviction of a felony and to enlarge the charge t...
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This is an appeal by the People of the State of California from an order of the Superior Court of the County of Sacramento granting the motion of the defendants for a change of the place of trial from the Superior Court of the County of Sacramento to the Superior Court of the County of Mendocino. Said motion was made upon the ground that the defendants were residents of said county of Mendocino. [...
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Appeal by defendant Lewald Coal Company, its co-defendant having been granted a new trial, from a judgment for plaintiffs, husband and wife, in an action to recover damages for personal injuries suffered by the wife, hereinafter referred to as respondent. On April 2, 1928, a truck of appellant and a street-car of defendant city and county collided in such a manner as to propel the truck over on to...
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Plaintiff purchased from defendant on June 21, 1927, an automobile known as a Dodge cabriolet, under a conditional sales contract, paying thereon $309 in cash and agreeing to pay the sum of $67.97 on the twenty-first day of each and every month thereafter for a *Page 189 period of eighteen months. In arriving at the gross sum to be charged for said car there was included the ordinary cash price o...
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In an action entitled as above, a reversal of the judgment for respondent was had in the appellate court. (62 Cal.App. 336 [217 P. 91].) This reversal carried with it costs of appeal and thereafter on the third day of August, 1923, pursuant to theremittitur in that case, judgment for appellants was entered in the sum of $1242.55, which judgment became final and remained unsatisfied, except for a c...
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This is an appeal from a judgment of mandatory injunction in favor of the plaintiff. The plaintiff and the defendants are, respectively, the owners of adjoining residence lots on Fortieth Avenue between Geary and Clement Streets in the city and county of San Francisco. The block is known as Outside Land Block No. 220. The tract was subdivided and sold by Jacob Weissbein. The plaintiff and the defe...
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This is an appeal from a decree of final distribution. Henrietta Farrelly, a widow, died on December 17, 1927, in the county of Alameda, leaving a substantial estate therein. Her husband, Robert S. Farrelly, had predeceased her. She left no parent nor issue, but left collateral heirs. Her husband likewise left no parent nor issue, and also left collateral heirs. The estate consists entirely of com...
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The petition for a hearing was granted in this cause after decision by the District Court of Appeal, First Appellate District, Division Two, Sturtevant, J., writing the opinion of said court, for the purpose of giving this court an opportunity of making a closer examination of a voluminous record than it was possible to do under our appellate system upon petition for hearing. Upon a further examin...
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THE COURT. Petitioner instituted this proceeding for the purpose of reviewing an order of the Board of Governors of The State Bar recommending that petitioner be suspended from the practice of law in this state for the period of one year. The petitioner was charged by The State Bar with various violations of the Rules of Professional Conduct and of certain provisions of section 287 of the Code of ...
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THE COURT. Defendant prosecutes this appeal from the judgments in two actions (consolidated for the purposes of trial and brought up on appeal on one transcript) brought by plaintiff for an accounting for sums alleged to be due plaintiff from defendant under the terms of a logging contract. In addition to the main dispute as to the amount of lumber actually sold by defendant under the terms of thi...
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This is an appeal by defendant from an order striking its cross-complaint from the files in the action. Plaintiffs, owners of ranch lands in Owens Valley, brought the action against defendant city, owner of contiguous lands, to enjoin an alleged excessive diversion of percolating water. Defendant answered, denying material allegations in the complaint, and also filed a cross-complaint seeking to c...
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Proceeding to review an order of the Board of Governors of The State Bar of California recommending that petitioner be suspended from the practice of law in this state for a period of six months. The local administrative committee, after a hearing upon charges duly preferred against petitioner, found him guilty of violation of rules 2, 3 and 10 of the Rules of Professional Conduct of The State Bar...
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This is an appeal from a judgment of mandate rendered in favor of petitioner by the Superior Court of the City and County of San Francisco. The plaintiff is the widow of William Buckley who at the time of his death was a member of the police force of said city and county, and had been such for many years immediately prior to his death. For some time before his death Buckley had suffered from a hea...
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We granted a rehearing in this cause to give further consideration to the contention of respondent that she could, as a subsequent purchaser, invoke the statute of limitations as a defense to a foreclosure action, notwithstanding an express covenant by the mortgagor of the premises inserted in the mortgage that such plea was perpetually waived. She cites a long line of cases, beginning with Lord v...
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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 253 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 254 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
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This is an action to recover commission for services as a real estate agent. During all of the transactions hereinafter discussed, the property in question stood in the name of defendant Jessie Dolfin. She gave plaintiffs an exclusive agency to sell, with a provision for cancellation upon twenty days' notice. She gave notice of termination, but prior to the expiration of the specified period enter...
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The petitioners apply for a writ of mandamus to compel the Superior Court in and for the County of Los Angeles, respondent herein, to make and enter its order granting the motion of the petitioners to *Page 273 discharge an attachment issued in an action pending in said court, entitled Grace Thorndike, Plaintiff, v. Wallace E.C.Stone and Joseph Wright, Defendants. The complaint of the plaintiff i...
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The petitioner, Hal R. Clark, was notified to appear and show cause why he should not be suspended or reproved by reason of his violation of rule 3 of the Rules of Professional Conduct of The State Bar of California. The notice was issued by local administrative committee No. 11, for the county of Los Angeles, and his appearance in response to said notice was to be made before that committee at a...
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THE COURT. In this action the appellant advances two major points in support of his appeal. It is first contended that the findings are not supported by the pleadings. [1] As the appeal is upon the judgment-roll, we must presume that all facts found by the court and not within the pleadings in the case were by agreement of court and counsel put in issue during the trial of the action. (McDougald v...
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This is an application for a writ of mandamus. The petitioner, Central Manufacturing District, Inc., is a private nonpublic utility corporation. It is the owner in fee of certain real property and improvements situate in the city of Los Angeles. The improvements consist of railroad tracks, rights of way, buildings, structures and appliances suitable to the operation of a railroad. The petitioner, ...
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The judgment of the court below is reversed. [1] The case of Coulter v. Howard, 203 Cal. 17 [262 P. 751], is authority for the proposition that the statute of frauds (sec. 1624, subd. 6, Civ. Code) may be satisfied as to the employment of a real estate broker by resort to appropriate language in escrow instructions, if signed by the party sought to be charged. But it is likewise evident that, unle...
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Petition for writ of review. [1] The sole question is whether or not the procedure allowed on motion for new trial in civil actions may properly be applied to a judgment or order for the settlement of the final account of an administrator where an heir at law has presented an issue, by written objections solely to certain items of attorney's fees claimed by the administrator for ordinary and extra...
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Defendants prosecute this appeal from a judgment entered in favor of the plaintiff for damages in the sum of $15,000 for personal injuries alleged to have been incurred by reason of defendants’ negligence in the maintenance and operation of a pile-driver. The State Compensation Insurance Fund intervened merely to insure its lien on any judgment recovered by plaintiff, the intervener having theret...
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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 310 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 311 This is a petition for a writ of mandate, to compel respondent, as secretary of the board of directors of Gold...
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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 343 Respondent's intestate deposited in escrow with the Anglo and London Paris National Bank of San Francisco a deed covering certain mining claims, with instructions to deliver the same to one H.W. Wernse, the grantee named therein, upon the payment by him o...
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Milton Page was proceeded against by complaint filed in the municipal court in and for the city of Los Angeles upon the charge of having violated section 2a of Ordinance No. 16259 (N.S.) of said city, prohibiting the publication, distribution, sale or giving away of tips or other information upon or concerning horse-races or upon or concerning betting upon horse-races. Upon his trial he was adjudg...
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This is a petition to review an award of the Industrial Accident Commission. On December 30, 1926, the employee, R.H. Tecklenberg, arranged and conducted a hunting party for one of the officers of his employer and certain customers, during which he was accidentally shot in the head. He was taken to a hospital for treatment, and twelve days later his right eye was removed. He was disabled for a per...
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THE COURT. This appeal presents to this court for the first time the question as to the validity of the provisions of section 2980 of the Civil Code as enacted in 1927. (Stats. 1927, p. 1567.) The section has since been materially amended. (Stats. 1931, p. 1607.) As first enacted the section read as follows: "Any conditional sales contract creating or reserving any interest in or lien upon livesto...
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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 371 Appeal by the plaintiff corporation, a public utility of the State of California, from a judgment of the Superior Court of Sacramento County upon sustaining of demurrer to plaintiff's amended complaint. The action, based on an implied contract, is one in ...
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We are satisfied with the conclusion and the major portion of the discussion found in the opinion of the learned District Court of Appeal and hereby adopt certain portions thereof as the basis for our conclusion herein: “The complaint in this action contained five counts. Counts 3 and 5 were abandoned at the trial, and the defendant had judgment on counts 1, 2 and 4. From this judgment the plai...
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THE COURT. This is an appeal from a judgment for the plaintiff in an action on a contractor's surety bond. On November 25, 1925, the plaintiff entered into a contract with one Worswick whereby the latter agreed to furnish all the material and labor, etc., for the erection and *Page 386 field painting of the structural steel for the Sacramento memorial auditorium, which the plaintiff was under obl...
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The defendant, a native of the Philippine Islands, and whose true name seems to be Santos Amigay, was charged by an information filed in the Superior Court of the County of Santa Clara with the crime of having on August 9, 1930, murdered one Damaso Mangna. The jury impaneled to try the case found him guilty of murder in the first degree, without making any recommendation as to penalty, and such a...
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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 404 The opinion of the District Court of Appeal, Second District, Division One, by Conrey, P.J., is hereby adopted and forms a part of the opinion and decision of this court. Said opinion reads: "By information containing twelve separate counts defendant was ...
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This is an appeal by the defendant from an interlocutory decree of divorce and particularly from that portion of the decree which requires the defendant husband to pay $25 per month for the support and maintenance of a daughter of the plaintiff, now about five years of age. The issue at the trial was and now is whether the child is also the daughter of the defendant. The parties intermarried on Ma...
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This is an appeal from a judgment in favor of the defendant Zuckerman. The plaintiff seeks to hold said defendant on his written guarantee that Joe Goldberg, doing business under the name of "Home Builders Supply Co.", would pay for goods supplied him. The defense interposed was that the balance of $2,567.22, admittedly due the plaintiff, was for goods furnished to "Home Builders Supply Co.", a co...
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This is an appeal from a judgment of dismissal after the sustaining of a demurrer to the amended complaint as amended without leave to amend. The plaintiff was formerly the wife of the defendant. After their divorce the plaintiff brought an action against the defendant to establish a lien on real property and for an accounting. On the first trial of that action judgment went for the plaintiff and ...
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The defendant was convicted on October 10, 1930, of the crime of grand theft. Application for probation was made and denied. Judgment was pronounced on December 8, 1930. An appeal from the judgment and from an order denying a motion for a new trial was taken on that day. The judgment and order were affirmed on October 24, 1931. (People v. Fewkes, 214 Cal. 142 [4 P.2d 538].) Pending the appeal and ...
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Petition for writ of prohibition. The object of this proceeding is to establish the validity of section 170b of the Code of Civil Procedure, which went into effect August 14, 1931, as against the claim that it is in conflict with section 1a of article VI of the Constitution. This code section reads as follows: "No justice of the peace, police court judge, or judge of any other inferior court now e...
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Application for a writ of mandate to compel the respondent sheriff of Fresno County to retain certain personal property in his possession subject to the petitioner's lien of attachment. As a return to the alternative writ, the respondent demurred generally to the petition. The petition alleges that on or about the twentieth day of March, 1931, the petitioner commenced an action in the Superior Cou...
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In this action the plaintiff sought to declare the forfeiture of a certain lease of oil lands, executed by it in favor of the defendants, Barlow and Hill, and by them assigned to the defendant, Good Roads Oil Company, upon the ground and for the reason that the lessees and their assign had broken the terms of said lease in that, while the lease provided for the drilling and placing upon production...
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This is an appeal from a judgment for the plaintiff in an action for damages resulting from the fraudulent representations of the defendants Donovan in the sale of real and personal property to the plaintiff. The defendant Jeanette G. Donovan, the mother of the defendant Jack Donovan, was the record owner of a lot improved by a residence and garage known as 13047 San Vicente Boulevard, Los Angeles...
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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 457 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 458 THE COURT. Plaintiff appeals from a judgment quieting the title of defendant Bettencourt to certain real prope...
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Petition for writ of prohibition to forever restrain respondent court from proceeding with the hereinafter described action. On April 17, 1929, an employee of Dutton Dredge Company sustained an industrial injury and in a proceeding before the Industrial Accident Commission, in which both petitioner and said employer were defendants, procured a compensation award against the employer. In said pr...
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This cause was instituted and maintained by virtue of the provisions of section 377 of the Code of Civil Procedure, which provide that when the death of a person is caused by the wrongful act or neglect of another, his heirs may maintain an action against the person causing the death. The appeal is from a judgment entered therein upon the verdict of a jury rendered in the sum of $15,000 in favo...
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Action for malicious prosecution. Judgment of nonsuit granted at the close of plaintiff's evidence. The appeal is from this judgment. The action complained of was instituted by Seventh Hill Building, Inc., a corporation, on November 22, 1923, against this plaintiff. The other defendants here are made parties to the present proceeding by allegations of conspiracy to bring about and prosecute said ...
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This cause appears to be at this time, at least, entirely without merit. The action is by a group of land owners to have certain oil and gas leases on their unproved lands declared forfeited for failure of the lessees to do the required exploratory work and, as a consequence of such forfeiture, to have their respective titles quieted. Judgment went for defendants denying the right of forfeiture a...
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THE COURT. The petitioner herein, Louis Goldstone, has filed in this court his application, under section 26 of the State Bar Act, for a review by this court of the findings and recommendation of the Board of Governors to The State Bar recommending his suspension from the practice of law in this state for a period of three months. A complete record of the proceedings, both before the Board of Bar ...
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Plaintiff appeals from a judgment dismissing her action for divorce against Henry J. Weisburg. She sought a divorce on the ground of extreme cruelty, which seriously affected her health. In his answer the defendant denied all allegations of cruelty. The court found that each and every allegation of paragraph IV of the complaint, wherein plaintiff set forth the acts of cruelty upon which she relie...
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The defendant appeals from a decree quieting plaintiff's title to a strip of land seven and one-half feet wide, adjacent to the center line of block 195 of the Pomona tract, in the city of Pomona, county of Los Angeles. Block 195 was formerly owned by the Pomona Land and Water Company, which company in the year 1886, conveyed the west half thereof to defendant's predecessor in interest, and in the...
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THE COURT. This case is before us upon hearing granted after decision by the District Court of Appeal, Fourth Appellate District, sustaining a judgment entered in favor of defendants after demurrer sustained to the amended complaint without leave to amend. The hearing was granted to enable this court to give further consideration to the question as to whether the agreement upon which the action wa...
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The object of this proceeding is to accomplish by writ of mandate the following result: To require the Superior Court to reinstate a criminal cause that it has heretofore dismissed upon the ground that the indictment therein did not charge a public offense and to that end to cause the defendant therein to be re-apprehended, the jury to be resummoned and reassembled and to thereafter require the ca...
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Appeal from judgment for defendants in an action to cancel and annul a deed to real property upon the ground that there was no valid delivery of the deed to the grantee and that the delivery, if any, was obtained through constructive fraud. Plaintiff George A. Barceloux and defendant H.J. Barceloux, hereinafter referred to as George and H.J., are brothers; for many years they engaged in joint ente...
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This is an action to have a trust declared in certain real property and to terminate the same. On March 30, 1905, Mrs. Chetwood, one of the plaintiffs, conveyed the property to defendant Thomas R. Hooper, who was *522 and still is the husband of her daughter, defendant Eugenia Hooper. The deed was absolute in form. Mrs. Chetwood and three other daughters bring this action, claiming that at the ...
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This is a petition for a writ of certiorari to review orders of the Superior Court of Los Angeles County vacating judgments previously entered by it and granting a new trial to defendants. Petitioner originally brought an action as plaintiff against T.L. Dudley, F.P. Newport and Security Trust Savings Bank, a corporation, defendants, seeking the dissolution of a partnership, and an accounting. Th...
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THE COURT. This is an action to recover on a policy of indemnity insurance. On June 19, 1927, Mrs. Katie Bachman requested Forest Bayliss, her son-in-law, to drive her automobile for her on a trip. He consented, and on the highway negligently drove it over an embankment. She was killed and other passengers were injured. *Page 530 Mrs. Bachman had previously secured a policy of indemnity insurance...
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This is an action to foreclose two mechanics' liens. Defendant Lawrence C. Brubaker, on August 16, 1924, executed a written lease covering two lots, numbered 22 and 23, in the city of Los Angeles, to R.T. Colter, for a period of twenty years. The instrument gave the lessee the exclusive right to explore, mine, excavate and obtain oil, asphaltum, petroleum, natural gas and any other hydrocarbon sub...
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This action was instituted by the plaintiffs and respondents herein against the defendant William I. Traeger, as sheriff of Los Angeles County, California, and the other named defendants, wherein the said plaintiffs sought the issuance of an injunction restraining the defendant sheriff and, incidentally, the other defendants from selling or attempting to sell certain real property of the *Page 536...
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THE COURT. Plaintiff brought this action for the recovery of certain described personal property, or for the value thereof in case delivery could not be had, and for damages for its alleged wrongful detention. Defendants Ginsburg consented to a default judgment being entered against them. Defendants Standard Mortgage Corporation and Lincoln Investment Company defended the action. The cause was tri...
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Petition for a writ of mandamus to compel the Secretary of State, upon his refusal to do so, to file articles of incorporation presented by the petitioners as incorporators of a proposed corporation under the name and style of California Shredded Foods Co., Ltd. Respondent filed a general demurrer to the petition and at the same time filed his answer. Petitioners have demurred *Page 549 specifica...
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MEMORANDUM CASES. THE COURT. The sole question presented on this appeal is whether or not plaintiff has a cause of action directly against the defendant insurance carrier for personal injuries received by her while riding as a passenger in the jitney bus of one Sam Euphrat, under the terms of an insurance policy carried by Euphrat and under the provisions of a certain ordin...
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THE COURT. [1] This matter being identical as to the issues involved with In re Page, ante, p. 350 [5 P.2d 605], this day decided on the authority of that decision the proceedings herein are hereby dismissed. *Page 793 ...
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Application for a writ of mandate commanding the respondent Secretary of State to file in his office a certificate of extension of the corporate existence of the petitioner, a public utility corporation of the state of California. [1] The decision in this case must be the same as that inPacific Gas Electric Co. v. State of California, (Sac. No. 4412) ante, p. 369 [6 P.2d 78], this day decided. Th...
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THE COURT. This is an appeal from a judgment entered upon an order granting the plaintiff's motion for judgment on the pleadings. [1] The action was on a promissory note dated February 28, 1921, for $3,000, executed and delivered by the defendant to the plaintiff. The terms of the note provide that it is payable "on demand, six months after date", but it is also provided that "in the event of the ...
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The facts in this case were correctly stated by the District Court of Appeal, when this action was before that court. As therein stated, they are as follows: "The appeal in this case is from the judgment and order of the superior court reversing the judgment of the municipal court in favor of appellant as to the respondent New York Indemnity Company, a corporation. "The case was tried upon a stipu...
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This is an appeal from a judgment of the superior court restoring possession of a truck and giving damages for its detention to the defendant herein on his cross-complaint. Plaintiff was originally the registered owner of the machine. Some time in 1925 it entered into a contract of conditional sale with G.H. Hubbard, who paid part of the purchase price and executed promissory notes for the balance...
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Henry N. Sirotta, doing business under the name and style of Queen Ribbon Company, appealed from a judgment for plaintiff, Julius H. Bernstein, in the sum of $2,619.63. Pending said appeal Sirotta died and Dorothy Sirotta, administratrix of his estate, has been substituted as defendant and appellant. References hereinafter made to the "defendant" are intended to apply to said Henry Sirotta, rather...
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This action to compel specific performance of an agreement for the exchange of certain real properties located in Santa Monica and Venice, California, pursuant to written agreement of the parties dated October 20, 1927, was tried by the court without a jury. Plaintiff ready at all times to perform, duly tendered a deed to defendants, which they refused to accept and they likewise refused to con...
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Proceeding instituted in 1928 to enjoin the use and maintenance of a 66-inch pipe-line across property acquired in 1924 by plaintiff and described as lot 45, tract 1336, city of Los Angeles. Defendants are the city itself and certain agents or agencies thereof. At least two special defenses were interposed: First, that a public use had theretofore intervened and, second, that defendant city had ac...
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Treating the petition herein as one in mandate, the action of the court below in denying it seems clearly correct and its order is hereby affirmed. We may do this without a discussion of the contention that the petition is but an effort to modify a previous appealable order that had become final; hence the present order denying the petition was not appealable. We may also dispose of the cause with...
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Charles W. Rollinson applied to this court for a review of the decision of the District Court of Appeal *37 in and for the Second Appellate District, Division One, revoking his license to practice law in the state of California. The proceeding before said tribunal was initiated by The State Bar of California through the presentation on or about April 28, 1930, of a petition on behalf of that bo...
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THE COURT. A rehearing was granted in this proceeding after decision by this court affirming the award of the Industrial Accident Commission in order to devote further consideration to the somewhat novel question presented herein, in view of the very earnest and able briefs and argument of counsel for both parties and of the several amici curiae, discussing pro and con the issues involved in this ...
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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 52 This appeal is from a judgment of conviction of the defendant based upon the verdict of the jury finding him guilty upon each of three charges contained in an information filed by the district attorney of the county of Los Angeles. In count one the defenda...
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THE COURT. Plaintiff has prosecuted this appeal from a judgment of dismissal entered upon the sustaining of a general demurrer to the complaint without leave to amend. The action was brought under section 1060 of the Code of Civil Procedure to obtain a declaratory judgment determining the rights of the parties under a certain leasehold agreement, and more specifically in and to certain fixtures, f...
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In this cause defendant, charged by information with the crime of murder, plead not guilty, and also not guilty by reason of insanity. Trial was had upon the question of his guilt and the jury returned a verdict of *67 guilty without' recommendation. His plea of not guilty by reason of insanity was thereupon withdrawn. Judgment of conviction imposing the death penalty followed, and from said ju...
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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 72 THE COURT. A hearing was granted by this court in this case after decision by the District Court of Appeal in order to give further consideration to some of the matters discussed therein. The facts of the case, so far as it is necessary to recount them on ...
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THE COURT. This is a proceeding to review an order of the Board of Governors of The State Bar of California recommending that the petitioner be suspended from the practice of law in this state for a period of one year. The evidence upon which the sentence of suspension was based is similar to that in Howe v. State Bar, 212 Cal. 222 [298 P. 25], decided April 1st of this year, in which the recommen...
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This action was brought to recover damages for personal injuries alleged to have been sustained by plaintiff Huldah T. Edwards as the result of an automobile accident, which occurred about 8:30 P.M., April 1, 1927, just beyond the point where the Berryessa road intersects the Oakland-San Jose highway at an acute angle. The night was dark and the highway was wet and slippery from rain. Said plainti...
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This appeal is from a judgment of the Superior Court of the County of Humboldt imposing the death penalty for the commission of the crime of first degree murder. On March 24, 1930, the dead body of Minnie McCoy, a woman twenty-six years of age, was found near the side of the Redwood highway in a mountainous section of this state, by a highway workman, at a point within the county of Humboldt, t...
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THE COURT. This is an action for personal injuries brought by plaintiff, a minor, by his guardian ad litem. Plaintiff, who is a boy of eight, was riding on a street-car bound east on Haight Street in San Francisco. The car reached Buchanan Street and plaintiff got off the front end, where he was struck by a jitney bus driven by defendant John Volz. He sustained severe injuries, and sued the driver...
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This is an action by a purchaser to rescind a contract for the sale of real estate. The plaintiff entered into a written agreement to purchase from the defendant a lot and three-story concrete building on the northeast corner of Kearny and California Streets in San Francisco, for the sum of $150,000. A deposit of $1,000 was paid at the time the agreement was signed. The said agreement provided tha...
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Action to recover upon two liens for labor and material furnished, in the construction of a building for defendant. The complaint set forth two causes of action, the first of which was settled and paid and need not be discussed. The second cause of action alleged that there remained due from defendant to plaintiff’s assignor, hereinafter referred to as plaintiff and appellant, the original contra...
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This case is appealed upon the sole ground that the verdict of the jury, awarding plaintiff $3,000 damages for personal injuries received when hit by defendants' automobile, is excessive. Defendants claim that the trial court erred in denying their motion for new trial based upon the above contention and asked for a reversal of the judgment entered upon said verdict or for reduction of the award. ...
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THE COURT. The application made in open court by A.H. Carpenter on Friday, July 10, 1931, for stay of execution under judgment of contempt herein is denied. The respondent Carpenter not having paid the fine imposed by this court on July 10, 1931, and the hour having passed at which the commitment herein was directed to issue in the event of such nonpayment, let commitment issue and be transmitted ...
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This is an application for a writ of habeas corpus, filed by Gladys Johannes on behalf of her husband, Jacob I. Johannes, who will be referred to as the defendant. The facts are not in dispute. The district attorney of Los Angeles County filed an information charging Jacob Johannes with the offense of *Page 127 grand theft in five counts. By indictment the grand jury of that county charged him wi...
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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 133 THE COURT. This action was brought by O'Hara, the purchaser of certain described real property in Solano County, and by the Good Templars Home for Orphans, the seller of that land, as plaintiffs, against the Grand Lodge of the Independent Order of Good Te...
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This is an action to recover compensation for services performed by plaintiff. The essential facts are few and not disputed. On June 16, 1913, by resolution of the board of directors of defendant corporation, plaintiff, the president of said corporation, was appointed general manager, his compensation to be treasury stock of the par value of $200 per month. He rendered the services called for in t...
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The judgment is affirmed and inasmuch as it clearly appears that the appeal was taken for the purpose of delay and for the purpose of clouding the title to a piece of valuable property, it is further ordered that respondents receive from the appellant the sum of $500 as damages for the prosecution of a frivolous appeal. On November 26, 1926, appellant, a Nevada corporation, purchased from respo...
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The board of governors of The State Bar, following a hearing before a local administrative committee, has recommended that petitioner be suspended from the practice of the law for a period of three months. This recommendation is grounded on findings of unprofessional conduct. [1] There is no merit in the contention of petitioner that The State Bar is without jurisdiction to proceed in the absence ...
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Petitioners seek annulment of an award made by the Industrial Accident Commission denying them a death benefit upon the ground of insufficient evidence to establish that the death of Archie C. MacDonald on June 13, 1930, resulted from an industrial injury suffered by him ■ on April 29th, of said year. We have examined the record at length in the light of petitioner’s contention and, under evide...
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Appeal from an order denying plaintiff's motion for a change of venue from the county of Napa to the city and county of San Francisco upon the ground of the convenience of witnesses. Substantially the only issue in said action pending in the Superior Court of the County of Napa involved the reasonable value of certain medical *Page 159 services rendered defendant's intestate by two physicians, th...
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THE COURT. Proceeding to renew an order of the board of governors of The State Bar of California recommending that petitioner be suspended from the practice of law in this state for a period of six months. The local administrative committee for the county of Los Angeles, after a hearing upon charges duly preferred against petitioner, found him guilty of violation of rule 3 of the Rules of Professi...
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This appeal from a judgment of the lower court in favor of the defendant, in an action to cancel an alleged contract of sale of realty and to restrain any change in the status of the property pending trial of the action, comes on after issuance by the court of an order to show cause why the judgment should not be reversed or such order made as might be appropriate in the premises. The plaintiff...
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Defendant appeals from a judgment for plaintiff in an action to quiet title to a lot in the city of Oakland. The parties were formerly husband and wife, and had resided upon the property to which the action relates until their separation. Defendant denied that her claim of interest was without right and alleged that said property was community property of herself and her former husband; that neith...
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Appeal from a decree quieting title of respondent, Annie S. McGinerty, cross-complainant in an action brought by appellant to quiet his title to lot No. 3, block 11, as per map of the property of City Land Association, filed for record August 24, 1870, in books "C" and "D" of maps, page 11, in the office of the recorder of the city and county of San Francisco. The situs of said lot is in the local...
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This is an appeal from a judgment in favor of the plaintiff in an action to establish a right of way across the lands of the defendant. The complaint alleges two causes of action. The first alleges a right of way by necessity as appurtenant to the grant by which the plaintiff and her predecessors in interest acquired the property. The second alleges a right of way by prescription. The defendant an...
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Charges were preferred against petitioner, a member of The State Bar of California, and a citation was duly issued thereon directing him to appear before the local administrative committee of San Francisco, No. 2, The State Bar of California, and show cause why he should not be disbarred, suspended or reproved by reason of his conduct, alleged to involve moral turpitude, dishonesty and corruption ...
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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 192 The facts in this case are correctly stated by the District Court of Appeal (295 P. 98) and are as follows: "This is an action brought by Clyde E. Cate, as administrator of the estate of Genevieve Brennan, deceased, against the Fresno Traction Company and...
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This is an appeal from a judgment in specific performance. In October, 1919, Anna Dalton, the plaintiff, and George W. Gould, since deceased, established a joint bank account in the Hibernia Savings and Loan Society in San Francisco. Thereafter from time to time and until August 24, 1926, deposits were made in that account aggregating some $15,000. It is an admitted fact that all of the money depo...
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The motion to dismiss the appeal herein is denied, being without merit for the following reasons: Plaintiff sued to foreclose a materialman’s lien and to have it impressed upon two city lots in Merced, together with the building erected' thereon, praying also for the sale of the property to satisfy its claims. The building was a portable steel service station structure furnished by appellant fo...
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In this action we granted a rehearing for the reason that we failed in the opinion heretofore rendered by us to pass upon the special demurrer interposed to the second amended complaint in this action by the defendant surety company. We are in entire accord with the conclusions reached by us regarding the merits of the general demurrer as set forth in our former opinion, and we express our approva...
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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 221 This is an appeal from a judgment entered in defendant's favor when the plaintiff refused to amend upon the sustaining of a demurrer to the first amended complaint. [1] The action is one for declaratory relief. Plaintiff is seeking to have it determined t...
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THE COURT. This is an appeal from a judgment in favor of the defendant on his cross-complaint in an action to recover on two promissory notes given to secure payment of the purchase price of two 16-foot cut Hillside combined harvesters delivered to the defendant by the plaintiff. The defendant by answer denied the indebtedness and by cross-complaint sought to have the notes canceled on the ground ...
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On March 9, 1927, both respondent Acme Gravel Company and appellant J.A. Steele were creditors of defendant Harry B. Williams, the former in the sum of $1572.60, the latter in the sum of about $2,500. Apparently Williams was a contractor engaged in laying cement sidewalks, to whom respondent had furnished materials for that purpose and expected to supply further materials thereafter. On March 7, 1...
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THE COURT. This is a proceeding to review the action of the board of governors of The State Bar recommending that the petitioner be disbarred. The board found the petitioner guilty of misappropriation of funds entrusted to him as trustee and while acting in the dual capacity of attorney and trustee for Mary *Page 239 Cynthia Gesford Lott. The petition is based mainly on the contention that the ev...
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This cause is now before us on rehearing. We have carefully re-examined the cause and find ourselves unable to reach any other conclusion than that heretofore announced. We adopt a portion of our former opinion, as follows: "Action to recover the statutory penalty provided by section 3 of the Usury Act (Stats. 1919, p. lxxxiii, Act 3757, Deering's General Laws). Defendant had judgment; plaintiff h...
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THE COURT. This action was commenced by the plaintiff to obtain an injunction aimed to prevent the defendant City and County of San Francisco and its officials from carrying into effect the provisions of a certain resolution adopted by the board of supervisors of said municipality on December 12, 1927, and approved by the mayor thereof on December 23, 1927, directing the board of public works *Pag...
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THE COURT. A hearing was granted herein in order that we might give further consideration to the questions at issue, after decision by the District Court of Appeal in and for the First Appellate District, Division One, Jorgensen, J., pro tem., writing the opinion. Upon such consideration we are satisfied that the reasoning and conclusions of the appellate tribunal were correct; that the signatures...
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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 279 THE COURT. This action was instituted by plaintiff against defendant to recover damages for personal injuries sustained by her in a collision between an automobile in which she was riding, owned by her husband and operated by her twenty-one year old son, ...
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THE COURT. This is a petition to review an award of the Industrial Accident Commission. On February 13, 1930, Manuel Rodgers was killed while blasting trees on a fruit ranch owned by Mrs. Addie Carlson. His wife and daughter applied for a death benefit, and the Commission found that they were wholly dependent upon him. The Commission also found that Rodgers died from injuries sustained in the cour...
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THE COURT. [1] This proceeding arises out of the same facts as Carlson v. Industrial Acc. Com., ante, p. 287 [2 P.2d 151], this day decided. In that case we upheld the finding of the Industrial Accident Commission that the deceased, Manuel Rodgers, was the employee of Mrs. Carlson, and sustained the award to his dependents. The respondent Manuel Gomez was hired by Rodgers in accordance with his au...
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This is a petition to review a recommendation of the board' of governors of The State Bar that petitioner be suspended from the practice of the law for a period of one year. The proceeding was commenced before local administrative committee No. 6, in Los Angeles County, and resulted in a recommendation of disbarment, which was reduced to suspension by order of the board of governors. Petitioner...
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This is an application for a writ of prohibition. On or about October 8, 1929, Arthur M. Loeb and others, alleging themselves to be minority stockholders of Sunset Pacific Corporation and acting on behalf of said corporation in a representative suit, brought an action in the Superior Court of Los Angeles County against various defendants. It was alleged in the complaint that on April 15, 1929, all...
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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 324 Petitions for transfer to this court of this proceeding, after decision by the District Court of Appeal of the Fourth District, were filed by the Occidental Indemnity Company and by the Industrial Accident Commission. These petitions we granted and the wh...
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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 337 This is a proceeding in mandamus to compel the chairman of the board of supervisors of Los Angeles County to execute certain bonds alleged to be authorized by the electors of the Los Angeles County Flood Control District. The matter is submitted on a gene...
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This is a proceeding to review an order of the Industrial Accident Commission denying compensation *Page 352 to the petitioner, Fannette Winthrop, on the ground that the disability complained of was not caused by the injury suffered by said petitioner in the course of her employment by respondent Wetherby Kayser Shoe Company. Petitioner, a woman thirty years of age, was employed as a hosiery cler...
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This is an appeal from a judgment for the defendants in an action to quiet the plaintiff's title to real property in Grass Valley. The court granted a motion for a nonsuit after both sides had introduced evidence and rested. The action covered numerous pieces of property, but was finally narrowed down to a controversy over the title to what is called "Old Block Mining Claim", consisting of about t...
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THE COURT. This is an appeal from a judgment rendered for the defendant for costs. The plaintiffs' complaint alleged the execution of a lease dated December 26, 1924, whereby the plaintiffs let to the defendant a 331-acre ranch and an additional 160-acre tract for a period of three years at a monthly rental of $100 per month payable $400 on the first of June of each year and $800 on the first of N...
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This is an appeal from a judgment for the defendant in an action to set aside a deed. For many years the plaintiff was the owner of a ranch called "Spring Mountain Ranch", comprising some 688 acres, and situated in Napa and Sonoma Counties, this state. Prior to July, 1927, the property had become run down, the buildings dilapidated and the owner had become financially involved. The Bank of America...
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The judgment appealed from must be affirmed and it is so ordered. Our reasons are to be found in the following observations: *368 Prior to 1917 Moulton Irrigated. Lands Company and Gould Land Company, corporations, were the owners of a large area of land in Colusa County, the easterly boundary of which was Butte Creek. In said year these companies entered into an agreement with William G. Hen...
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This action was instituted to foreclose a mortgage given to secure a promissory note for $2,200, executed in favor of the plaintiff by the defendants. In their answer the defendants did not contest the execution and delivery of the note and mortgage, but set up as an affirmative defense to said action that the money, loaned them and to secure which said note and mortgage were given, was not the m...
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Appellant, Oscar Karlslyst, brought this action to obtain equitable relief from a provision in an interlocutory decree of divorce entered in an action brought against him by respondent herein, who is now Elsie Frazier, ordering him to contribute $25 a month to the support of Marian Elaine Karlslyst, found by the court to be the child of the parties, until further order of court. As grounds for rel...
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This is an appeal from a judgment in favor of the plaintiff in an action to foreclose a mechanic's lien for architectural services rendered by the plaintiff in the matter of the construction of a residence pursuant to a contract *Page 383 between the defendant Emil Price, as owner, and one Harry E. Jones, as contractor. The controversy centers about the question whether the plaintiff was regularl...
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THE COURT. Upon a re-examination of the record on this appeal after decision by the District Court of Appeal, First District, Division Two, we are satisfied with the statement of the facts, reasoning and conclusions of that court and hereby adopt the opinion there rendered, prepared by Mr. Justice Sturtevant, as the opinion of this court. It is as follows: "Action for personal injuries. The verdic...
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Upon this appeal an attack is made upon the judgment as a whole; hence our discussion need not deal with any provision thereof in particular. The sole question is the sufficiency of the evidence to show a dedication to plaintiff's lands of a water right. The action is to have such dedication declared, the right, when found to exist, measured and the service theretofore existing restored by writ of...
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Appeal from a decree in favor of defendant administrator decreeing that certain real property situate in the city of Turlock and described in a certain deed executed by third parties in which the wife of appellant, since deceased, was named as the sole grantee, the purchase *Page 395 price of which was paid by appellant husband, was a gift from said husband to his wife. Said real property when co...
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This action was instituted to recover on three promissory notes, executed by the defendants L. L. McDonald and B. L. McDonald and secured by a mortgage *398 upon certain real property and personal property. The mortgage was executed by the defendants above named and by defendant Mary E. McDonald, in favor of defendant J. W. Seimens. The plaintiff became the owner thereof by assignment through t...
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This action was brought for an accounting after dissolution of a partnership consisting of the plaintiff and defendant. The action came on for trial. Bach party introduced his evidence and rested. Thereupon the court, by order entered upon its minutes, appointed Louis M. Simonsen referee to expert the books of the copartnership and make a report to the court in accordance with said accounting. It...
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Petitioner E.S. Green was brought before local administrative committee No. 3 of The State Bar *Page 404 for the county of Los Angeles, to show cause why he should not be disbarred, suspended or reproved for conduct alleged to involve moral turpitude. At the conclusion of its hearings, the local committee made findings upon which it based a recommendation that petitioner be suspended from the pra...
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Following their conviction in the superior court upon charges of the commission of a felony, the defendants Malone and Brown appealed to the District Court of Appeal. The attorney-general moved to dismiss the appeal on the ground that it was not perfected as required by section 7, rule II, Rules for the Supreme Court and District Courts of Appeal, which requires that an appellant "must, within fiv...
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Action for specific performance of written contract with prayer for damages as alternative relief. A trial was had; findings and judgment were made in favor of defendants; plaintiff appealed. The several individual defendants constituted the board of education of the city of Modesto as of July 16, 1926. This board is made by law the governing body of a series of school districts of various kinds, ...
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The three actions above named were tried together, and involve only one question, to wit, the ownership of a tract of land lying between the meander line and the waters of Clear Lake. The respective plaintiffs had judgment and the defendant appeals. The actions were brought to quiet the title to lots 1, 2, 3, 4 and 5 of section 29, township 15 north, range 7 west, M.D.B. M., abutting on Clear Lak...
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Appeal from judgments for defendants in suits to compel the reconveyance of certain real property. The causes of action are identical, are submitted under one set of briefs and will be considered together; the word "appeal" will refer to both appeals. The real basis of the appeal is the contention that the findings do not support the judgment. The substance of these findings will therefore be set ...
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This is an appeal from a judgment in favor of the plaintiff in an action to enforce a stockholder's liability. Andrew Johnson died intestate on July 22, 1921, in the county of Sacramento. Carl Johnson was appointed administrator of his estate, consisting of separate and community property. A final decree distributing the estate to the heirs at law and the assigns of certain of them was filed on Ap...
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THE COURT. Plaintiff brought this action to recover damages from the defendant for an alleged libel. A demurrer to the first amended complaint was sustained without leave to amend. Judgment for costs was thereupon entered for the defendant, from which judgment this appeal was taken. It is alleged in the complaint that the plaintiff was, and is, what is generally known and termed a "publicity agent...
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This is an appeal from a judgment declaring the infant daughter of the appellants to be an abandoned child. [1] There is also a motion to dismiss the appeal on the ground that the transcript of the evidence is incomplete. The appeal was regularly taken, and we have before us a clerk's transcript and what purports to be a reporter's transcript. The motion must, therefore, be denied, and the appeal ...
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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 Plaintiff appeals from a judgment for defendants in an action brought by him to quiet his title to four parcels of mining property and a mill site situate in the county of Calaveras. Defendants assert that plaintiff's title has been divested by proceeding...
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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 461 Peter Farrington, accused of the crime of murder in having, on or about April 29, 1930, killed John Malcolm, a police officer of the city and county of San Francisco, was convicted of murder in the first degree, and the death penalty was imposed. It was a...
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This action was brought by the plaintiff claiming to be the owner of certain real property in the possession of the defendant, for the purpose of obtaining possession of said real property. The defendant held said real property under a lease from one F. E. Johnson and the court permitted said Johnson to intervene in said action, and under said permission he filed a complaint in intervention *468...
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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 476 This is an appeal from a judgment in favor of the defendant Walter A. Gripton, a chattel mortgagee, and against plaintiff, the trustee in bankruptcy of the mortgagor corporation, in an action brought by such trustee to have certain chattel mortgages decla...
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THE COURT. This is an action for wrongful death. The deceased, Mrs. Bridget Bowler, a woman sixty-two years of age, was riding in an automobile driven by her son, Edward Bowler, when a collision occurred between the said automobile and one driven by defendant Larson for his employer, defendant Roos. The heirs of Mrs. Bowler, nine in number, joined in this action, and the jury returned a verdict in...
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Plaintiff and defendant entered into a contract by the terms of which plaintiff agreed to sell to defendant an hotel business, furniture and other equipment, and to procure a new lease for him. This action is for the balance of the purchase price. The answer of defendant alleged misrepresentations inducing the making of the contract and partial failure of consideration. It further alleged a notice...
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This is an appeal by plaintiff from a judgment of the Superior Court of Sutter County in favor of defendants in an action seeking various forms of equitable relief. The controversy arises out of a contract for the sale of about 1600 acres of real property in said county, entered into by defendants as vendors and plaintiff as purchaser, on October 27, 1927. The sale price was specified to be $65,00...
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THE COURT. This is an appeal by several individual defendants from two orders of the lower court, one confirming a commissioner's sale of property and another settling the final account of a receiver. The issues which are determinative of the appeal were decided in prior litigation between the parties, culminating in the decision of this court in California Nat. Bank v. El Dorado Lime Minerals Co....
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This action was brought to cancel two notes and deeds of trust by which they were secured. Upon motion of plaintiffs, judgment was rendered in their favor on the pleadings. Defendants appeal on the judgment-roll. From the pleadings it appears that plaintiffs executed one note and deed of trust on their own property, and later succeeded to the property subject to the other deed of *Page 498 trust ...
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This proceeding in certiorari is before us upon hearing granted after decision by the District Court of Appeal, Second District, Division Two (291 P. 861), refusing to annul an order of the Superior Court of the County of Los Angeles made by Judge Moncur of Plumas County, sitting as judge pro tempore in said court, which order appointed, or confirmed the previous appointment of a referee to take a...
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The judgment of nonsuit herein is affirmed. Two of the many reasons which seem to justify the action of the court below will be found in the brief narrative following: The action is by plaintiff corporation, an insurance broker, for damages by way of loss of prospective profits in the form of commissions which were to accrue over a period of fifteen years, lost to it because of the failure of defe...
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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 516 These two actions, which have been consolidated on appeal, were instituted under the provisions of sections 1060 to 1962a of the Code of Civil Procedure by the plaintiffs on behalf of themselves and other land owners and water users situated outside of th...
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This appeal was first passed upon by the District Court of Appeal, First Appellate District, Division Two, Presiding Justice Nourse writing the decision in affirmance of the trial court's judgment. ([Cal.App.] 293 P. 93.) A petition for hearing by this court was granted and the appeal is now before us for decision. Said District Court of Appeal affirmed the judgment upon the ground that the issue ...
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On rehearing we are satisfied with and reassert the views expressed in our former opinion filed December 27, 1930, except as to one point. On the question of the jurisdiction of the Industrial Accident Commission, after the two hundred and forty-five weeks of continuing jurisdiction had expired, to make the award of "further medical and hospital treatment as (the injured employee) may reasonably n...
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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 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 557 In this cause the pleadings tender both equitable and legal issues which have arisen out of the conflicting *P...
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THE COURT. The plaintiff brought an action for damages for alienation of his wife's affections by the defendant, the wife's aunt. The jury returned a general verdict in plaintiff's favor for $6,000, and divided it, by answers to special interrogatories, into $3,000 compensation for actual and $3,000 for punitive or exemplary damages. A motion for a new trial was denied. The appellant's principal c...
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THE COURT. A petition for hearing in this case after decision by the District Court of Appeal, First Appellate District, Division One, was granted by this court. After further consideration we are satisfied with the opinion of the District Court of Appeal and hereby adopt the same as and for the opinion of this court, as follows: "This is an appeal by the State Controller from an order entered 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 584 This action was originally appealed to the District Court of Appeal, Fourth District, which court, upon submission of the case, affirmed the judgment of the trial court. We granted a petition for a transfer thereof to this court for the reason that we wer...
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The petition for writ of prohibition is denied and the alternative writ is discharged. One reasoning, briefly, is: First, that we are concerned here necessarily with questions of jurisdiction only and not with defects in pleadings, nor with difficulties, even if *Page 598 well nigh insuperable, which may be encountered in proving the facts necessary to a recovery. The action in the court below is...
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Appeal from a judgment permanently enjoining defendants, and each of them, their agents, employees and servants, during the pendency of a lease, from interfering with the leasehold rights of plaintiff in property at the southwest corner of 31st and M Streets in Sacramento used as a gas and oil station and of which the plaintiff is the lessee under a recorded "Advertising and Facilities Lease" ente...
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This is an action to recover damages for personal injuries sustained by the plaintiff in a collision between the defendant Eslow's automobile, in which plaintiff was riding as a guest, and a bus belonging to and operated by the Great Western Motorways, a corporation. In their respective answers the defendants denied the allegations of the complaint, the defendant bus company alleging the defense o...
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This is an action to quiet title and to annul certain building restrictions contained in the deeds through which the plaintiffs deraign their title to lot 31 of tract No. 1600 in the city of Los Angeles. Plaintiffs *Page 614 seek to avoid the effect of the restrictions by reason of an asserted change of conditions in the character of the neighborhood, it being alleged that their property is no lo...
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THE COURT. After a further consideration of the merits of this appeal upon rehearing, we have concluded that the opinion written by Mr. Justice Shenk and filed herein on *Page 622 April 30, 1931, expresses the present opinion of this court in determining the issues presented on the appeal. Said opinion is therefore adopted as the opinion and decision of this court, and is as follows: "This is an ...
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Appeal from judgment for plaintiffs in an action to recover possession of premises held under a written lease and damages suffered through their ejectment therefrom. Plaintiffs' first amended complaint set forth three causes of action based upon a five-year written lease to them of certain premises, alleging that defendants entered upon the property some eight months after execution of the lease, ...
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Oscar Conklin, a resident and taxpayer of the City of San Buenaventura, with the consent of the attorney-general, brought this action in quo warranto in the superior court, attacking the validity of the proceedings relating to the adoption of a freeholders' charter for that city. Demurrer to the complaint, interposed by the defendants, was overruled. Defendants declined to answer, and judgment was...
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Under proper instructions, and on ample evidence to support its verdict, the jury awarded the plaintiffs substantial damages for injuries sustained by Mrs. Page when the automobile of defendant crashed into the automobile of plaintiffs, at the intersection of two roads. The case, in all material respects, is so similar to the case of Couchman v. Snelling, 111 Cal.App. 192 [295 P. 845, 847], recent...
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Plaintiff, as assignee, brought this action to foreclose four mechanics' liens. The complaint is in four counts, each being substantially the same, except as to the name of the assignor and the amount involved. Some of the defendants defaulted, and as to others the action was dismissed. The defendant Doyle-Clune Oil Company, a Copartnership, is the sole appellant. As originally filed, the complain...
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Motion for diminution of record. In the year 1926 the defendant Geary brought an action in claim and delivery against the plaintiff and appellant Stafford to recover a Pierce-Arrow automobile which had been duly seized and held by the sheriff. Stafford cross-complained for the value of services rendered in repairing the automobile, and judgment in the sum of $849.51 was entered in his favor and...
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While ostensibly this is an action for partition of community property on the theory that the parties are tenants in common unable to agree as to the management and disposition thereof, the real purpose of the action appears to be to enforce specific performance of a property settlement between Ahmet Skulich and Erzi Skulich, whose marriage had been annulled on the ground that the wife had another...
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Action to recover damages alleged to have been sustained by plaintiff in an automobile collision which occurred at the intersection of Atlantic Avenue and San Antonio Boulevard, in the city of Long Beach. Atlantic Avenue runs practically north and south. It is intersected by San Antonio Boulevard at an obtuse angle. Plaintiff was traveling westerly on San Antonio Boulevard and the defendant was tr...
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Appeal from a judgment awarding to respondent the sum of $2,500 clear of $250 for incurred physicians’ bills and costs of suit. The case was tried by the court, a jury having been waived. The sole question raised by the appeal is that respondent was guilty of contributory negligence and therefore judgment should have gone for appellants. The injuries were inflicted in the city of Los Angeles at...
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This action was brought by plaintiff to cancel a so-called "waiver" of community property rights in the estate of James Flanagan. [1] James Flanagan made his will on March 29, 1929. By its terms he left considerable real and personal property to plaintiff. The remainder of his estate he left to a brother, a sister and a niece. At the time of its execution, plaintiff signed an instrument reciting t...
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This appeal is from an order of the Superior Court in and for the City and County of San Francisco denying the motion of the intervener and appellant herein to discharge an attachment which had been issued and levied upon certain moneys on deposit in the Crocker First National Bank of San Francisco in the name of said intervener, but which it was claimed by the plaintiff herein in reality belonged...
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THE COURT. This is an action to quiet title, brought by plaintiff, holder of a tax deed dated July 11, 1927, executed by N.T. Powell, city treasurer of Los Angeles, against defendant, the former owner of the property. The proceedings leading up to the execution of the deed were *Page 672 taken under the Street Improvement Act of 1911 (Deering's General Laws [1923, and Supp.], Act 8199). The trial...
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THE COURT. This is an action to quiet title to certain real property in the city of Los Angeles. Defendant's claim is based upon a deed from the city treasurer of Los Angeles, executed and delivered after a sale of the property for nonpayment of an installment of a street improvement bond issued under the Vrooman Act (Deering's General Laws, Act 8208). The trial court concluded that the proceeding...
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The Industrial Accident Commission petitioned for hearing in this court after annulment by the District Court of Appeal of an award of compensation. The only question involved is whether the injured person was an employee or an independent contractor at the time he incurred the injury (loss of an eye) for which the compensation was awarded. *Page 676 The respondent Simons was employed by petition...
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The judgment is affirmed. Action to recover damages for alleged malpractice on the part of defendant in so carelessly and negligently rendering surgical and medical treatment to plaintiff Louise Hutter as to cause her pain, impairment of facial appearance and impairment of vision of the left eye. Said allegations of negligence were denied by defendant and he affirmatively pleaded contributory negl...
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Action by plaintiffs, as successors in interest of certain lessors in a conveyance known as an oil and gas lease, to compel the assignee of the lessee thereunder to comply with a covenant therein to keep the premises free from liens arising from drilling and producing operations under said instrument. The question arose by the sustaining of respondent's demurrer to the complaint without leave to a...
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This is an appeal from a judgment after the sustaining of a demurrer to plaintiff's amended complaint without leave to amend. No application or request was made by the plaintiff to further amend his pleading. The complaint charged that the defendants had published two libelous articles regarding the plaintiff, one in a notice requiring the plaintiff to surrender within three days certain premises ...
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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 696 THE COURT. This action was brought for the purpose of securing the rescission and cancellation of a lease and option to purchase certain real property in the city of Los Angeles, on the ground that the same were secured through and by means of fraud. From...
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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 THE COURT. At the time the petition for a transfer of this cause was before this court after decision thereof by the District Court of Appeal, there were under submission to this court one or more cases in which the applicability of section 141 3/4 of the C...
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THE COURT. This appeal is from an order made by the trial court in an action for divorce, directing the plaintiff to pay to the defendant $100 as attorney's fees, and $75 costs, in order to enable the defendant to prosecute an appeal which he had taken from a prior order of the trial court denying his application for $500 a month alimony and $5,000 attorney's fees and costs, which the defendant ha...
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THE COURT. In making an order of transfer to this court we were satisfied that the District Court of Appeal, Third Appellate District, properly reversed the judgment entered for the plaintiff, but we were unable to agree with all of the reasons advanced by that court in support of its conclusion. The following portion of the opinion prepared by Mr. Justice Pullen, pro tempore, meets with our appro...
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This appeal is from a judgment of the Superior Court of Imperial County, in favor of the defendant and respondent in an action brought by the plaintiff upon a promissory note executed by the defendant to the First National Bank of Seeley, .on January 4, 1921, for the sum of $1320, with interest, payable on June 4, 1921, and which note after maturity had been assigned to the plaintiff herein. The ...
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On June 9, 1930, the Alameda County grand jury returned an indictment charging defendant with the murder of one Marcello LaGorio and also with a prior conviction of a felony, to wit: burglary. Upon trial of the cause, the jury returned a verdict finding defendant guilty of murder of the first degree without recommendation of life imprisonment. Judgment carrying the death penalty was thereafter pro...
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This is an appeal by the three children of Mathias Grayfe (Greve) from that portion of the decree of final distribution construing the following provision appearing in the will of Frederick Rauschenplat, deceased: "Secondly, I give, devise and bequeath all of my estate, real and personal, and wherever situate, to Wihelmina Battie, my sister, of Hamburg, Germany; to all of the living children of my...
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THE COURT. The appeal in this cause first came on for hearing before the District Court of Appeal of the Third District. That court affirmed the judgment of the trial court and a petition for a transfer was thereafter filed and granted by this court. In an opinion later filed by us we adopted in the main the opinion of the District Court of Appeal and accordingly affirmed the judgment of the trial...
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This action was instituted on September 6, 1927, to annul a lease made by plaintiff George Dack to defendant Lillian B. Northrop on the first day of April, 1926, and to recover possession of the premises covered thereby. The plaintiff died on April 14, 1928, a short time before the trial of the action, and his executors were substituted *Page 46 as parties plaintiff in his stead. The word "plaint...
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The defendant appeals from a judgment entered against him for $8,000 and costs in an action brought by plaintiff to recover damages for personal injuries caused by a collision between an automobile driven by plaintiff and another automobile driven by the defendant. Respondent having failed to file any reply to the appellant's opening brief, the cause stands submitted upon an order to the responden...
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The petitioner applies to this court for a review of the proceedings had against him before the Board of Governors of The State Bar and of the recommendation made by that body that the petitioner be suspended from the practice of the law for the period of one year. There were two accusations presented by the Los Angeles Bar Association against the petitioner before the local administrative commit...
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This appeal is from a judgment of the Superior Court in and for the County of Ventura, rendered and entered after the verdict of a jury in favor of the plaintiff for the sum of $35,000, in an action for damages for personal injuries sustained by her in an automobile collision which occurred upon what is known as the Old Conejo grade which lies along the highway between Ventura and Los Angeles, and...
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THE COURT. This is an appeal from a default judgment in a foreclosure action, entered against defendant Ellen Augusta Donovan, after a demurrer to her answer had been sustained, with leave to amend. The facts out of which this controversy arose, as discovered by the record, are as follows: *Page 66 On October 3, 1925, Josephine M. Lamb and Ellen Augusta Donovan, joint owners of certain real prope...
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Information filed by the district attorney of Los Angeles County charged defendant in the first count with the crime of murder and in the second count with the crime of attempted robbery. Defendant admitted prior conviction of a felony, to wit, robbery, for which he had been imprisoned and less than six months previously released on parole. After due proceedings, this cause came to trial and the ...
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This is a motion to dismiss defendants' appeal taken from an order granting a new trial. Said order was made after entry of a judgment of nonsuit in favor of defendants at the close of plaintiff's opening statement to the jury. Plaintiff contends that said order is non-appealable. Section 963, subdivision 2, of the Code of Civil Procedure provides that an appeal may be taken from an order granting...
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This is an appeal from an order granting a preliminary injunction. The action was brought against some forty-three oil producers in the Santa Fe Springs Oil Field in Los Angeles County to enjoin the unreasonable waste of natural gas pursuant to the provisions of the so-called "Oil and Gas Conservation Act" of 1915 (Stats. 1915, p. 1404), as amended in 1929 (Stats. 1929, p. 923). After notice and h...
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This is an action brought by plaintiff to have determined the amount due under a note secured by a deed of trust on certain real property. The essential facts, as we view them, are as follows: Plaintiff Drews was the owner of a ranch. He entered into an agreement to purchase from defendant Girsh another ranch, the price payable in installments. Under that contract plaintiff and his wife went in...
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This is an action for damages for personal injuries. Defendant was the owner of a two-story building containing four flats, two on the first floor and two on the second. There was a single entrance for all tenants and an inside stairway used in common by all tenants. Plaintiff rented a lower floor flat on February 20, 1926. On April 27, 1926, she visited an acquaintance on the upper floor and in r...
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This action was brought to recover from the estate of Helene D. Henrich, deceased, on four promissory notes, which it is alleged were executed and delivered to plaintiff by deceased during her lifetime, and which according to the complaint were lost or stolen from the plaintiff prior to the commencement of this action. The aggregate amount of the notes was $13,966. The first trial of the case resu...
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We have been led to a conclusion on a simple question of law which disposes of the appeals in both of the above causes, which were tried together, and renders superfluous a discussion of the various other questions so ably urged by appellant. This conclusion is that the respective rights of the parties to this litigation have been previously determined and settled by a judgment of this court; henc...
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This cause is before us upon an order of transfer after decision by the District Court of Appeal, Fourth Appellate District, reversing the judgment. In addition to our independent consideration, we have adopted a portion of the opinion of said District Court of Appeal, by Haines, J., pro tem., as expressing our view on the subject as to the sufficiency of the amended complaint, as well as for the ...
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THE COURT. The petitioner applies to this court for a review of the proceedings had before The State Bar of California in the matter of an accusation presented before the local administrative committee of said body in and for the county of Los Angeles, wherein the petitioner was accused of the violation of certain of the rules of professional conduct adopted by The State Bar of California with the...
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This is an appeal from a judgment of the Superior Court of Los Angeles County. Southern California Telephone Company and Pacific Telephone and Telegraph Company, operating in and around Los Angeles County, brought actions against the county to recover taxes paid under protest. Five actions were brought, in all of which judgments were rendered for the plaintiffs. The essential facts in each case ar...
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Two actions for damages. Cause number one is for criminal conversation. Cause number two, by reason of the complaint and cross-complaint, contains two reciprocal causes of action for alienation of affections. Action number one was preceded by the same kind of a suit between the same parties upon the same cause of action, dismissed prior to trial and judgment; these two actions followed. In the ori...
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Appellants appeal from a judgment quieting plaintiff's title to certain real property and awarding him $1500 for its use and occupation. The complaint is in the usual form, and alleges ownership in plaintiff and an unfounded claim by defendants. As a second cause of action, it is averred that defendants have been occupying the premises without right, and that the reasonable value of the use and oc...
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THE COURT. This case was transferred to this court after decision by the District Court of Appeal, Second *Page 140 Appellate District, Division One, for the reason that we desired to give further consideration to the question as to whether the Industrial Accident Commission has jurisdiction in a proceeding instituted by a doctor or hospital against an insurance carrier of an employer for the rea...
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THE COURT. This is an appeal from a judgment of the trial court in an action brought by a tenant against his landlord for damages alleged to have been suffered by reason of the breach, by the landlord, of the covenant of quiet enjoyment, and by reason of the eviction by the landlord of the tenant from a portion of the leased premises. The case was tried before the court without a jury, resulting i...
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Plaintiff seeks to recover certain taxes paid under protest and alleged to have been unconstitutionally exacted. Defendant's general demurrer to the complaint was sustained without leave to amend. From the judgment thereafter entered plaintiff prosecuted this appeal, urging the invalidity of those portions of the Bank and Corporation Franchise Tax Act (Stats. 1929, chap. 13, p. 19), which provide ...
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Appellant was accused by an indictment returned against him by the grand jury of the county of Los Angeles of the crime of murder, alleged to have been committed on July 23, 1929. The person alleged to have been murdered was Jenny Rose Peterson, a married woman living separate from her husband, and of the age of twenty-three years, and the mother of two children, aged three and five, respectively....
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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 188 The appeal in this case is prosecuted on behalf of the People of the state of California from a judgment of the trial court based upon its order sustaining the defendant's demurrer to the amended information without leave to amend. The defendant was prose...
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We have reconsidered our former decision in this cause and given further study to the procedure employed in bringing the accused before the court. On August 6, 1929, the board of governors of The State Bar filed herein their recommendation that petitioner be disbarred from the practice of the law in this state. This was preceded by findings sustaining four separate charges or counts against him, f...
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THE COURT. The petitioner seeks a review by this court of the order of the board of bar governors recommending his disbarment as an attorney at law in this state, which order was based upon findings that the charges brought against him by a complaint filed before the local administrative committee of Los Angeles County, by Harold Carlson, had been sustained. The basis of this complaint against pet...
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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 224 THE COURT. This is a proceeding to review an order of the board of governors of The State Bar of California recommending that the petitioner be suspended from the practice of law in this state for a period of two years. There is no substantial dispute as ...
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THE COURT. Both parties appeal from a judgment in favor of the plaintiff in the sum of $1884.83, on account of a quantity of seed potatoes sold and delivered by the plaintiff to the defendants. In the year 1925 and for some time prior thereto the City of Pasadena, a municipal corporation operating under a freeholders' charter, owned a large tract of land outside its corporate limits, which tract 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 239 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 240 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
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Petitioner seeks by this proceeding in mandamus to compel the Division of Motor Vehicles to issue to him a license to operate motor vehicles in the state of California or to revoke an order suspending the effect of a license theretofore possessed by him. On December 5, 1929, petitioner, who then held a license to operate motor vehicles in this state, suffered a judgment in excess of one hundred do...
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THE COURT. This is an appeal from a judgment for the plaintiff in an action to recover damages for breach of contract of employment. The defendant is a California corporation. From July 1, 1919, and during the times herein involved, it conducted a retail ladies' ready-to-wear business in San Francisco. Of the 1,000 shares of its authorized capital stock, 375 shares were issued to Benjamin I. Brahm...
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Plaintiff, seeking to recover damages for the breach of Harry D. Barasch, a licensed real estate broker, brought this action against him and against defendant corporation as surety upon his $2,000 bond under the Real Estate Brokers' Act of 1919, as amended (Stats. 1919, p. 1252, Act 61; Stats. 1925, chap. 341, p. 600). The cause *Page 294 was tried before the court without a jury, upon stipulated...
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The California Toll Bridge Authority, created by act of the legislature (Stats. 1929, chap. 763, p. 1489), has obtained an alternative writ of mandate requiring the respondent, as auditor of the City and County of San Francisco, to audit and approve, or show cause why he should not audit and approve, a demand for the sum of $5,000, which amount, it is alleged, has been appropriated by the board of...
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THE COURT. Petitioner filed in this court an original application for a writ of mandate to compel the respondent *Page 311 court to settle a proposed bill of exceptions, preparatory to an appeal from a judgment of dismissal. The facts, as set forth in the verified petition, are admitted by respondent, and are as follows: The City of Pasadena, petitioner herein, commenced an action in the Superior...
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THE COURT. These appeals are from judgments in favor of the plaintiffs entered upon verdicts in the consolidated cases for the sums respectively specified therein. The actions arose out of injuries sustained by Rudolph Damgaard, a minor, through an explosion of chemicals which occurred during an experiment conducted in the chemistry department of the defendant High School District before a chemist...
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This action is by plaintiff, as administratrix of the estate of her deceased husband, to recover damages for his death, resulting from the alleged negligent and careless operation of an automobile driven by defendant Walker, an employee of defendant corporation. Trial was had before a jury. A nonsuit, with no appeal taken therefrom, was granted as to defendant Bodwin. By direction of the court the...
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Plaintiff is a corporation engaged in the business of shipping and selling fruit on commission. It also loans money to growers in order that the latter may care for their orchards and produce crops of fruit. The defendants were the owners of certain fruit farms, and the lessees of other lands. They entered into a contract with plaintiff on February 8, 1927, by the terms of which the plaintiff agr...
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This appeal is prosecuted by the defendant C. L. Anderson from a judgment in favor of the plaintiff rendered and entered in an action brought by the latter to rescind an agreement for the sale of certain shares of the capital stock of a corporation known as Oakland Steel Foundry Company, and which stock was purchased by the plaintiff from the defendant for the sum of $5,000, payable as hereinafte...
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This is a petition for a writ of review to annul an order to perpetuate testimony made by the respondent judge. On May 8, 1930, Abe L. Kutner produced to the respondent judge a verified petition to take the testimony of Maurice A. Penny and L.A. Rummelsberg, pursuant to sections 2083 to 2089, inclusive, of the Code of Civil Procedure. The petition set forth that the petitioner expected to be a par...
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THE COURT. This case was appealed to this court and thereafter transferred to the District Court of Appeal in and for the First District. It was then assigned to Division One of said District Court of Appeal, and later transferred to this court for the reason that the concurrence of two justices of said District Court of Appeal in a judgment therein could not be obtained. Upon its submission to us...
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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 372 This is a proceeding by writ of review to determine the validity of decision number 22684 of the Railroad Commission of the state of California in cause number 2630, entitledChamberlain Co., Inc., v. Atchison, Topeka Santa FeRailway Co. By this decision...
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This is an appeal by the defendant from a judgment setting aside and canceling a deed to certain real property and decreeing that plaintiff is the owner of an undivided one-half interest therein. The plaintiff and defendant are father and daughter, respectively, and each is the owner of an undivided one-half interest in the property. In a complaint containing two counts, one grounded in fraud and ...
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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 390 In this cause the opinion of Mr. Justice pro tem. Haines, heretofore rendered by the Honorable District Court of Appeal for the Fourth Appellate District has our approval and is hereby adopted as a portion of the opinion of this court herein, as follows: ...
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The plaintiff commenced this action to recover from the defendants the sum of $1,000 received by them from the plaintiff for the use and benefit of the plaintiff and unpaid after demand. The defendants answered with a denial that they had ever received from the plaintiff the sum of $1,000 or any other sum for the use and benefit of plaintiff. For a second further and separate defense the defendant...
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In this action for slander brought by plaintiff against her father-in-law, the jury brought in a verdict in the sum of $25,000, which, upon the denial of a motion for new trial, was reduced by the court below to $15,000, and judgment entered accordingly. The defendant Stephen M. Meyers appealed. Upon his subsequent death, the executors of his estate were substituted in his place and stead. Examina...
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THE COURT. The action was dismissed as to all the individual defendants. The appeal is, therefore, taken by the remaining corporate bodies from the judgment entered against them in the sum of $35,000 and in favor of respondent Maurice Maede, a minor of the age of fifteen years, as and for damages suffered by reason of the loss of his left eye, and for other injuries of a temporary and minor charac...
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Up to November 30, 1923, the defendants, Hoagland, Prentice and Wilde, were, and for some years prior thereto had been, members of the board of five directors of the Humboldt Oil Company, a California corporation. Said board of directors in the preceding month of October had levied an assessment on the capital stock of said company designated as assessment No. 3. On said *Page 428 thirtieth day o...
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THE COURT. Motion to dismiss. Plaintiff brought this action to recover from the Oakland Mortgage Finance Company the residue or balance of a loan fund remaining in its hands, the loan having been theretofore arranged for and negotiated by one George Phillips and wife to meet progress payments on certain improvement work undertaken by them. Plaintiff's claim to this balance is founded upon what is...
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The last will and testament of Edna Sayles, deceased, was admitted to probate on December 17, 1929, and letters testamentary issued thereon. She left surviving her neither issue, husband, father, mother, full brothers or sisters, nor the issue thereof, but left two half-brothers *Page 438 and two half-sisters and their children. By the terms of her will she disposed of all her property to certain...
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Petition for admission to practice law. The petitioner, having been duly admitted to practice before all the courts of the state of Washington and of' the state of Idaho, filed his application for admission to practice in the courts of the state of California, but his application was denied by the Committee of Bar Examiners of The State Bar “on the ground that he has not been engaged in the actua...
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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 442 Petition to review and annul an award of the Industrial Accident Commission. On September 5, 1928, Frank George Jacobsen, the petitioner, aged seventeen, while employed as a telegraph messenger at Berkeley by the respondent corporation, sustained injury o...
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Petition to review and annul an award of the Industrial Accident Commission. The respondent, Theodore N. Lidberg, while employed as an interior decorator in Oakland, on March 17, 1928, sustained an injury occurring in the course of and arising out of his employment when a scaffold on which he was working collapsed and fell, injuring his left leg. On the 17th of May following he filed his applicati...
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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 456 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 457 THE COURT. This appeal is prosecuted by the complainants from a judgment in favor of respondents, made and ent...
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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 511 We agree with, and adopt as and for the decision of this court, the following portion of the opinion handed down by the District Court of Appeal, First Appellate District, Division One: "This action is one for damages for personal injuries sustained by 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 518 This appeal was taken from a judgment entered upon the verdict of a jury in favor of plaintiff and against defendant Naknek Packing Company, a corporation, in the sum of $15,000 on account of personal injuries sustained April 25, 1927, by plaintiff by fal...
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THE COURT. Certiorari to review an award of the Industrial Accident Commission in favor of Adele L. Rogers, surviving widow of Francis N. Rogers, deceased. The Commission *Page 528 found that "Francis N. Rogers, 67, now deceased, while employed jointly as a messenger on or about April 1, 1930, at San Francisco, California, by O.W. Becker and Charles R. Holton, sustained injury arising out of and ...
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Petitioner seeks his release upon habeas corpus from a commitment to the county jail for five days upon a judgment of contempt for failure to pay alimony pendente lite and attorney's fees in a divorce action. Pending the determination of his petition he is at liberty under bail. *Page 535 On November 16, 1922, petitioner filed a complaint against his wife for divorce. On February 14, 1923, the de...
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This action was commenced by the plaintiff to procure a judgment against the defendants decreeing that certain interest which the plaintiff had paid upon a promissory note executed by him to the defendant Mary Kuchler was usurious, and seeking credit upon the principal sum of said note for the amount of alleged usurious interest thus paid, and for such additional sum as plaintiff was entitled to 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 542 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 543 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
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THE COURT. Plaintiff and defendant both appeal from a judgment of the trial court rendered in an action brought by plaintiff against the defendant for damages for breach of contract to exchange real property. The jury brought in a verdict for plaintiff in the sum of $4,300. Defendant appeals from the entire judgment, contending that the only memorandum of the contract signed by it or its agent is ...
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This cause was appealed to the District Court of Appeal and a decision was rendered by said court reversing the judgment of the trial court. A petition for a transfer to this court was granted as we were not in entire agreement with the conclusion at which the District Court of Appeal arrived. As to the question whether the automobile in which the plaintiffs were riding at the time of *Page 578 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 589 THE COURT. Petitioner request a writ of mandate directing the city clerk of the city of Los Angeles to examine certain referendum petitions according to law, in order to determine whether the same are signed by the requisite number of qualified electors, ...
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This is a petition for a writ of mandate to compel respondent court to set aside its order quashing service of summons in a certain action pending before said court, and to compel respondent court to proceed with the trial of said action. The petition alleges and the answer admits that Sacramento township, in -which respondent court is located, is a township containing a population of 30,000 or...
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Original application for a writ of mandamus to be directed to the respondent as treasurer of the city of Sacramento, commanding him to honor a warrant in the sum of $235 in payment of a claim arising out of certain printing done pursuant to the terms of a contract *Page 609 between the petitioner Sacramento Chamber of Commerce and the city of Sacramento. [1] According to the terms of the contract...
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THE COURT. The respondents-plaintiffs have filed notice of motion and supplemental notice of motion to dismiss the appeal for failure of the appellants to file transcript on appeal and upon the ground that an inspection of the record will disclose the appeal is frivolous and not taken in good faith. [1] From the affidavits and certificate of the clerk of the trial court filed in support of the mot...
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In this action there are two appeals, one by the plaintiff and the other by the defendant Gertrude B. Lawson, from the judgment rendered and entered therein, each of said parties appealing from that portion of the judgment of which they respectively complain. The action was one instituted by the plaintiff as the assignee of one A. W. Holdzkom, to obtain a judgment against both of said defendants ...
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This is an appeal by defendants from a judgment in favor of plaintiff in an action to quiet title. Plaintiff was the purchaser at a sale held by the trustee in accordance with the provisions of a deed of trust. Defendants claimed title under a deed from the defaulting owner, Viola Gonzales, whose interest was thus sold. At the trial plaintiff offered in evidence the original deed to Viola Gonzales...
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This is an action for damages for injuries to property. In 1927 defendant Marian Realty Company commenced to construct a concrete building near plaintiffs' building. Defendant Golden Gate Iron Works contracted to place the structural steel and defendant Adam Arras Company contracted to do all the concrete work. The steel contractor used a donkey-engine to hoist the steel. The concrete contractor p...
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This is an appeal from an order made-after judgment pursuant to section 663 of the Code of Civil Procedure and from the judgment which followed that order. The plaintiffs are husband and wife. A rehearing was granted in order that further consideration might be given to the contention of the defendant insurance company that the fact-finding power of the court on appeal under section 4% of artic...
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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 634 The defendant was convicted of manslaughter. He appeals from the judgment and from an order denying his motion in arrest of judgment. By a complaint filed in the municipal court of the city of Los Angeles, the defendant was charged with the crime of the m...
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Defendant appeals from a judgment awarding damages to the plaintiff in the sum of $3,200 and enjoining it from thereafter allowing or permitting certain named injurious substances to be carried to or upon plaintiff's property. The appeal was originally taken to the District Court of Appeal, Fourth Appellate District, wherein a reversal of the judgment was had. In taking over the cause, we were sat...
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THE COURT. Plaintiff, defendant Tonningsen, and trustee interveners appeal from a judgment declaring that defendant Tonningsen holds the title to certain described real property in trust for intervener Golden Gate Land Association. By its judgment the trial court declared that the entire beneficial title to the property was vested in the Golden Gate Land Association and that none of the other part...
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THE COURT. This is an appeal from a judgment of the lower court, granting to petitioner a peremptory writ of mandate against respondent to compel respondent, as auditor of the county of San Diego, to pay to petitioner salary warrants due her from said county for services rendered by her as a teacher. The sole question involved is whether the salary of a teacher in the public schools is subject to ...
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THE COURT. In this case a hearing was granted in this court after decision by the District Court of Appeal, First Appellate District, Division One. Upon further consideration of the matter, we are satisfied with the correctness of the conclusion reached by the said court, and we hereby adopt the opinion prepared by Mr. Justice pro tem. Ward, as part of the opinion of this court. It reads as follow...
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Plaintiff, a minor, by his guardian, instituted this action to recover damages sustained by him in an automobile accident in which the automobile driven by the defendant Florence Trudell, and in which plaintiff was then riding, ran off or was forced off of the highway and over the embankment, resulting in serious injury to plaintiff. The defendants in the action were Florence Trudell C.E. Leatherb...
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The respondent is the widow of G. A. Woodburn, deceased, whose estate was in course of probate at the time of the making and entry of the order from which this appeal has been taken. The appellant is an heir of said G. A. Woodburn. During the course of administration of the estate an inventory and appraisement was duly filed showing that the estate consisted of certain personal property which did...
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THE COURT. Plaintiff appeals from a judgment in favor of defendants rendered by the trial court on the pleadings in an action to enjoin defendants from violating certain alleged building restrictions. Respondents failed to respond to an order to show cause and have not seen fit to file a brief herein. The complainant alleges that on October 25, 1912, one Hattie B. Waite owned a certain described t...
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This proceeding in the nature of an application for a writ of prohibition, was instituted in this court by the petitioners, who allege themselves to be the owners of certain real property, respectively, in the city of San Jose, at the intersection of Julian and Center Streets in said city, their respective properties extending for a considerable distance along and upon the south line of Julian Str...
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David W. Coyle, the plaintiff and respondent, is the father of George H. Coyle, the defendant and appellant. Margaret C. Coyle is the wife of said George H. Coyle. The children of David W. Coyle are: Mrs. Florence Quinn, a married daughter by his first marriage, and two sons by his second marriage, George H., appellant herein, being the elder of the sons. Senior Coyle's second wife was alive at 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 722 Appeal from a judgment, after order sustaining without leave to amend demurrer to plaintiffs' amended complaint. Plaintiffs instituted this action to recover from the defendant the General Petroleum Corporation of California damages alleged to have been s...
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This is an appeal from a judgment in favor of the defendant Inez L. Goodman personally and as administratrix of the estate of Frank C. Goodman, deceased, in an action brought against her in both capacities by the plaintiff, who sought to have it decreed that a certain deed of gift made and executed to Inez L. Goodman by her husband Frank C. Goodman, since deceased, was void and ineffectual for the...
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THE COURT. This appeal is from a judgment entered on a verdict for the plaintiff in an action for damages for personal injuries. The plaintiff was crossing Stockton Street in an easterly direction south of the center line of the intersection of that street with Vallejo Street in the city of San Francisco. The defendant Steinberg was driving his car in a southerly direction along Stockton Street. T...
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THE COURT. This appeal is from a judgment of the trial court denying a decree of annulment of the marriage of the plaintiff and defendant in the action therefor instituted by the plaintiff, after her marriage with the defendant and the consummation thereof, and after she had lived with the defendant for a period of several months. The basis of the plaintiff's action was the alleged fraud of the de...
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THE COURT. The plaintiff commenced this action to quiet title to lot 62, Bauchet tract, in the county of Los Angeles, her claim of title being based on a deed from the *Page 741 county tax collector issued after the sale of the property for nonpayment of taxes. The complaint was in the usual form in actions to quiet title. The answer was equally brief, containing specific denials of the averments...
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The plaintiff commenced this action against the defendant to have his title quieted as to a certain piece of land situate in the county of Los Angeles, state of California, to wit: Lot two hundred (200) of GriderHamilton Oswald Company’s Heights, as per map thereof recorded in the office of the county recorder of said county. The complaint is in the usual form, alleging the plaintiff to be the ow...
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This appeal is from an order appointing a receiver in an action instituted by plaintiff against the defendants for the partition of certain personal property alleged to be in the possession of the defendants and with reference to which the plaintiff alleged himself to be the owner of an undivided one-half interest by virtue of his purchase from the executor of the last will and testament of one G...
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Action to quiet title against the McKeon Drilling Company, the appellant herein, and a large number of other defendants. Upon being served with process the McKeon Drilling Company appeared and filed a disclaimer under the provisions of section. 739 of the Code of Civil Procedure. Upon the trial of the cause, as to other defendants, the trial court rendered judgment in favor of the plaintiffs, qui...
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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 752 THE COURT. This is an action to quiet title to certain real property in the city of Long Beach, California, instituted by plaintiffs as owners of the land as joint tenants. The complaint contains the usual averments of an action to quiet title and the act...
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This is an appeal from a judgment for the plaintiffs in an action to quiet their title to three lots or parcels of land situate in that part of the city of Los Angeles known as Venice. Chronologically the salient facts are the following: In 1910 the defendant, Emma K.J. Copeland, by deed from her husband acquired as her separate property the parcels involved. In July, 1914, when her son, the defen...
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This is an appeal from a judgment for the defendant on his cross-complaint in the sum of $301.06 in an action for an accounting. *762 The parties hereto entered binto an agreement by which the plaintiff sold to the defendant an interest in a business for the manufacture and sale of automobile bumpers. By the terms of the agreement the defendant also rented from the plaintiff the building in w...
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THE COURT. In this case a rehearing was granted to give further consideration to the question whether there had been a valid tender of medical aid to the employee. We are, however, satisfied with our former conclusion, and we adopt and quote from the opinion originally rendered as follows: "This is a petition by an employer and his insurance carrier to review an award of the Industrial Accident Co...
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Plaintiffs and appellants petition this court to set aside an order heretofore made on December 2, 1930, dismissing their appeal for insufficiency of their opening brief, and to grant them additional time to file a supplemental brief which shall comply with the code provisions relating thereto and the rules of this court. Respondent, on September 4, 1930, filed in this court proof of personal serv...
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This proceeding was brought to review the proceedings and the recommendation of the Board of Governors of The State Bar that the petitioner in one matter be suspended from the practice of the law in this state for a period of one year, and in another matter that he receive a reprimand for conduct reprehensible and unbecoming a member of the bar of this state. At the time of the hearings before ...
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This is an action to quiet title. The plaintiff claimed title through a deed of the treasurer of Los Angeles County. The said deed was given in pursuance *776 of a sale of the property under the 1913 Street Improvement Act (DBering’s Gen. Laws 1923, Act 8205) for failure of the owner to pay a delinquent bond issued on an unpaid assessment. Defendant, the owner of the property since 1910, contes...
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This is an action to quiet title, the complaint containing the usual allegations. Defendant Coffee in his answer set up an interest in the property under a twenty-year lease by the terms of which he was given the exclusive right to prospect for and develop oil, gas and other hydrocarbon substances on the property. Included in the answer is a counterclaim for damages in the sum of $2,200, alleged *...
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The alternative writ of mandate is discharged and the petition is denied. The following considerations justify this action. The question is whether or not petitioner's appeal from a judgment of the Justice's Court of Montebello Township, Los Angeles County, California, to the Superior Court of said county, authorizes a trial de novo therein under section 976 of the Code of Civil Procedure. The act...
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MEMORANDUM CASES. THE COURT. This is one of the cases consolidated on appeal with SouthernCalifornia Telephone Co. v. County of Los Angeles (L.A. No. 10625), ante, p. 121 [298 P. 9], the opinion in which was this day filed. [1] On the authority of that decision, the judgment is reversed. *Page 787 ...
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THE COURT. This is one of the cases consolidated on appeal with SouthernCalifornia Telephone Co. v. County of Los Angeles (L.A. No. 10625), ante, p. 121 [298 P. 9], the opinion in which was this day filed. [1] On the authority of that decision the judgment is reversed. *Page 790 ...
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THE COURT. This is one of the cases consolidated on appeal with SouthernCalifornia Telephone Co. v. County of Los Angeles (L.A. No. 10625), ante, p. 121 [298 P. 9], the opinion in which was this day filed. [1] On the authority of that decision the judgment is reversed....
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THE COURT. [1] This is an appeal by the plaintiff from a judgment in its favor, which appeal was considered and decided in the determination of the defendants' appeal in a companion case of the same title (City of Pasadena v. Estrin et al. (L.A. No. 9507), ante, p. 231 [298 P. 14]), this day decided. On the authority of that case the judgment is modified as ordered in that case and as so modified ...
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The judgment of nonsuit entered herein in favor of defendants is hereby reversed. Plaintiff, a young woman of twenty-one years, sustained severe and permanent injuries, to wit: Facial scars and loss of right eye, as the result of an automobile accident which occurred in substantially the following manner: She was riding in the front seat of said automobile as guest of the owner and driver. With ot...
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Petitioner, as guardian ad litem of the minor dependents of James Lynd, deceased, seeks to review an order of the Industrial Accident Commission denying compensation for the death of said deceased. James Lynd was employed as a miner by the Old Gold Mining Company at Bodie, California. He claimed to have suffered severe pain from lifting a heavy ore car about September 9, 1928. He continued to work...
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THE COURT. This is an appeal from a judgment of the Superior Court of the City and County of San Francisco, enjoining the defendants from soliciting the patronage of certain customers of plaintiff. Plaintiff is engaged in the business of selling and distributing milk and other dairy products in San Francisco. It deals with its customers through persons employed as *Page 345 drivers and collectors...
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This is a motion by the respondent, upon suggestion of diminution of record, to have inserted in and made a part of the clerk's transcript an order amending the judgment appealed from. [1] Plaintiff brought the action to foreclose a mortgage given by the appellant J.G. Ruddle Properties, Inc., to secure a bond issue. Several junior encumbrancers were also named as defendants, some of whom answered...
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Application having been duly made to this court by the respondents herein, filed on December 9, 1930, pursuant to section 956a of the Code, of Civil Procedure and rule XXXVIII of this court, for an order that evidence concerning facts occurring subsequent to the entry of the order granting the preliminary injunction appealed from herein be taken on the issue that said order and preliminary injunc...
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THE COURT. Plaintiff brought this action for the dissolution of a partnership alleged to exist between plaintiff and defendants, and for an accounting. On conflicting evidence, the trial court found in favor of the existence of the partnership, ordered it dissolved, and gave judgment in favor of plaintiff in the sum of $5,131.54. On this appeal defendants concede that they are bound by the finding...
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This is an action to have it declared that the marriage between the parties is void, for the custody and support of minor children and for a division of property acquired during the marriage relation. The plaintiff is the niece of the defendant, the latter being a brother of the full blood of the plaintiff's father. The parties participated in a ceremony of intermarriage at Redwood City on July 22...
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Proceeding to review the action of the Board of Governors of The State Bar. *Page 359 Petitioner, on December 17, 1927, at the time the State Bar Act went into effect, was a licensed attorney authorized to practice in the courts of this state. He paid his membership dues as prescribed in said act for a time. However, on November 22, 1929, the Board of Governors increased the annual dues from $5 t...
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The sole question presented by this appeal is as to the relative rights of the parties herein as defined by the decree of condemnation rendered in favor of the assignor of respondent American Toll Bridge Company of California, wherein a strip of land containing seven-tenths of an acre, owned by appellant, was condemned as *Page 362 and for a viaduct and approach to the Carquinez Straits bridge. S...
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Application for writ of mandate to issue herein, directed to the Board of Supervisors of the County of Fresno and the members thereof, requiring them and each of them to take action in the matter of the appointment of some competent person as justice of the peace of the city of Fresno, to fill the vacancy alleged to exist in such office. The answer of the respondent to the order to show cause issu...
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THE COURT. An order of transfer of this cause was made on account of the reference in the opinion of the District Court of Appeal to the cases of Smellie v. Southern Pac. Co., (Cal.) 287 P. 343, and Krause v. Rarity, (Cal.App.) 285 P. 879. At the time of the order of transfer these two cases were before us, in the former of which a rehearing had been granted, and in the latter a transfer had been ...
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This appeal is from a judgment in favor of the plaintiff in an action to quiet title to lot 26 and the south half of lot 25 in Middle Block of Baker's Addition to the city of Exeter, county of Tulare, state of California. The complaint is in the usual form of an action to quiet title which, after setting up ownership of said lands in the plaintiff, alleges that the defendant claims some right, tit...
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THE COURT. This is a motion to dismiss defendant's appeal from a judgment of forfeiture. Plaintiff and defendant entered into a written contract by which the former agreed to sell and the latter to buy certain described real property for the sum of one hundred thousand dollars, principal and interest payments to be made in stated installments. The contract was executed in 1927, and the final payme...
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This action, instituted by plaintiff's testate, Christopher J. La Sance [hereinafter referred to as the plaintiff or respondent], for damages for personal injuries received by him when struck by defendant's automobile, resulted in a verdict and judgment for $9,000 in favor of plaintiff. Defendant appeals. An extended statement of the facts of the case is unnecessary. It is sufficient to say that p...
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This appeal is from a judgment of nonsuit. The action was brought by plaintiff to obtain a decree of divorce from defendant on the ground of wilful desertion. Said desertion is predicated on the offers of plaintiff, alleged to have been made in good faith following a long voluntary separation, to resume matrimonial relations as prescribed by the Civil Code, section 101, but which offers of reconci...
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THE COURT. This is a petition by the employer to review an award of compensation made by respondent Commission to the heirs of a deceased employee. The employee was Captain Albert Pelle, master of the Union Oil Company's barge "Santa Paula." His vessel was used to carry oil to ships and wharves in various parts of San Francisco Bay. On January 15, 1928, she was brought to the foot of Seventeenth S...
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Action for damages for personal injuries. At the conclusion of the evidence the court, on motion of defendant, granted a nonsuit and judgment followed from which plaintiff appeals upon a full record. The facts are not in dispute and those here material may be set forth within a narrow compass: Defendant owns a large office building in the city and county of San Francisco known as The Merchants Exc...
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This action was instituted under and pursuant to the provisions of sections 21 and 22 of title II of the National Prohibition Act (41 Stats. 305, 314; 27 U.S.C.A., secs. 33, 34, 99, 111). It terminated in the court below with the entry of a decree adjudging the "Alviso Hotel", situate in the county of Santa Clara, owned and conducted by defendant Rosa Ackerman, to be a common nuisance, and orderin...
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This is an application for a writ of prohibition to restrain the respondent superior court from proceeding with the trial of an action pending in said court to recover on behalf of the state certain license taxes imposed on motor vehicles for hire. A determination of the proceeding requires a review of the legislation on the subject. At its session in 1923 the legislature passed an act to impose a...
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THE COURT. This is an appeal from a judgment entered upon an order sustaining a demurrer to the plaintiff's second amended complaint without leave to amend. The action has been dismissed against all of the original defendants with the exception of the defendant, Mary Perkins Raymond, and certain fictitious defendants. Hereinafter, whenever the word "defendant" is used, it will refer to said defend...
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Emilio Dellepiani was on the tenth day of December, 1928, in the employ of the Market Street Railway Company as a car cleaner. The place of his employment was at the car barn of the company located at the southeast corner of San Jose Avenue and Geneva Avenue in the city of San Francisco. Dellepiani resided at 251 Tingley Street, San Francisco, and in going to and from *Page 432 his work, he usual...
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Motion to dismiss. Claiming to be the surviving husband of May Wheeler Randolph, deceased, the appellant filed a petition in the court below nominating and requesting the appointment of the Bank of Italy National Trust Savings Association as administrator of her estate. The bank filed its petition requesting the issuance of letters to it as such nominee. Respondent, a daughter of the decedent, fi...
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This is an action for damages for personal injuries received by plaintiff by coming into contact with a rapidly moving endless belt running on revolving pulleys, a part of certain pumping machinery located on the lands of defendant. Plaintiff had a verdict for $15,000, followed by judgment in said sum, from which defendant has appealed on a bill of exceptions. The amended complaint is in six count...
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THE COURT. This is an appeal from a judgment of the Superior Court of Fresno County denying the claim of appellants to undivided interests in certain real property. [1] The land was originally owned by B.B. Barnett. On March 14, 1890, he executed a deed of it to his son, F. Joseph Barnett. The instrument recites that "the said party of the first part . . . doth by these presents, give, grant, alie...
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THE COURT. Both appellants and respondents being desirous that a rehearing be granted in this case, appellants questioning the correctness of the decision in holding that the cause of action was brought to recover a penalty, and hence was not assignable, and respondents questioning the correctness of the conclusion that the action was saved from abatement by the general provision of section 404 of...
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The plaintiff, a California corporation, commenced this action against the defendants, who were its former directors, to require the latter to repay into the treasury of the corporation the sum of $19,551.76, alleged to have been the money and property of the corporation which had been illegally withdrawn from its treasury through the action of the defendants while they were the directors of the c...
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This is an appeal by plaintiffs from a judgment of the Superior Court of Yuba County in an action for unlawful detainer. Plaintiffs, the owners of a hotel, leased the same to defendants on December 31, 1926, for a period of fourteen years and ten months from January 1, 1927. Rental in the sum of $1500 was payable on January 1, 1927, and on February 1, 1927, and thereafter the sum of $1800 was paya...
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The plaintiff filed in the court below a pleading, entitled "Second Amended Complaint for Rescission of Contract", in which it was alleged that at a time when the plaintiff was under the influence of intoxicating liquor and incapable of entering into any contract, the defendants *Page 496 "induced plaintiff to enter into a contract wherein and whereby the said defendants sold to plaintiff" a cert...
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This appeal is from a judgment of non-suit entered in favor of American Trust Company, a corporation. Said trust company conducts a banking business in its building located at the northwesterly corner of Grant Avenue and O ’Farrell Street, a busy locality, in the city *498 and county of San Francisco. The building is so constructed as to form a recess at the Grant Avenue and 0 ’Farrell juncture...
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The plaintiffs commenced this action on behalf of themselves and of the Eureka Fishermen's Union, a voluntary association of commercial fishermen, against the defendants, who are members and officers of the California Fish and Game Commission, to restrain the latter from interfering with or prosecuting criminal or other actions against the plaintiffs and their fellow members of the association on ...
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Appellant corporation, as plaintiff, brought this action in the court below in equity to enjoin a threatened demolition of certain improvements which, as lessees, defendants had erected on plaintiff's real property of about fifty acres in Yolo County, California. The substance of the complaint was that defendant lessees were threatening to abandon said property and had so notified plaintiff and we...
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THE COURT. This is an appeal by two of the defendants from a judgment in the plaintiff's favor in an action for damages for fraud and deceit alleged to have been practiced upon the plaintiff by all of the defendants acting in concert, by reason whereof the plaintiff was induced to exchange his real property for real property of one of the defendants. It was also alleged that the defendant vendor m...
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This is a family dispute centering around the control and management of a California family corporation organized in 1908 and known as the Keck Company. The father, G. 0. Keck, and the brothers, A. W. Keck and Ralph D. Keck, complete the dramatis personae. The latter, however, plays an unimportant role, leaving the father and the other son, A. W. Keck, as the principal actors. Both t...
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In the estate of Cornelia Bowman, deceased, certain property consisting of money and corporate stock, was decreed and distributed to the Union Trust Company upon the following trust conditions: "To invest and keep the said trust estate invested so that income might be derived therefrom and to use the income of the said trust estate according to its best judgment for the maintenance and education o...
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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 534 By information filed by the district attorney of Los Angeles County the defendant was charged with the murder, on February 21, 1930, of his wife, Vera Gingell, in the first count, and of Sigurd Bjorneby, in the second count. The jury returned a verdict of...
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Plaintiff brought this action to recover damages in the sum of $5,427.14 alleged to have been occasioned to certain onions when the building in which they were stored collapsed. While the complaint contains averments of misrepresentation in the letting of the building, plaintiff's principal theory appears to be that the collapse of the structure is traceable to its noncompliance with the building ...
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THE COURT. A hearing in this matter was granted by this court for the purpose of giving further consideration to certain contentions urged by appellant-petitioner as to *Page 553 the soundness of the conclusion arrived at by the District Court of Appeal. Such investigation leads us to the conclusion that the trial court did not abuse or misuse its power by discharging the attachment and that the ...
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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 558 Plaintiff recovered damages for personal injuries in an action brought by her against the defendant Sutter Hospital Association. On appeal, the judgment was reversed by the District Court of Appeal for the Third Appellate District. A hearing was granted i...
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The plaintiff brought this action to foreclose a lien for materials alleged to have been sold to the defendants and used by them in the sinking of a well. Defendant Dionne did not appear. Defendant Wolski, owner of the land, interposed an answer in which he denied the allegations of the complaint and set up certain special *Page 564 defenses. At the outset of the trial, it was stipulated that all...
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Action for damages for assault and battery. On December 10, 1926, plaintiff and a companion were trespassers upon the inclosed and duly posted game preserve of defendant Spalding Company, a corporation, then and there in charge of the defendant Evans, who was also a duly commissioned deputy sheriff of the county of Glenn. Plaintiff was in quest of wild geese and both he and his companion had shotg...
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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 570 THE COURT. A hearing was granted in this court after decision by the District Court of Appeal, Third Appellate District, per Mr. Presiding Justice Finch, in order to *Page 571 examine more fully the single question presented by the record. Upon such exam...
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This proceeding was instituted to review an order of the Board of Governors of The State Bar of California, recommending to this court that petitioner Homer C. Mills be disbarred from the practice of the law in this state, which recommendation was based upon findings made by Local Administrative Committee No. 3 of the county of Los Angeles, after its hearing, upon legal notice and in due form, of...
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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 THE COURT. Action to quiet title. Plaintiff, as administrator with the will annexed to the estate of Patrick J. Lyons, deceased, sought to quiet title to certain described property consisting of sixty-eight acres located in the San Joaquin Valley. Patrick...
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THE COURT. A hearing was granted in this cause after decision by the District Court of Appeal (First District, Division Two) [287 P. 560, 561]. After further consideration of all of the issues involved we adopt the following portions of the opinion of the District Court of Appeal, of which Mr. Presiding Justice Nourse was the author, as the opinion pro tanto of this court: "This is an original pro...
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This is the second appeal in this case, the first having been decided by the District Court of Appeal, Third Appellate District. (Taylor v. Bunnell, 77 Cal.App. 525 [247 P. 240].) The facts recited in the opinion on that appeal, supplemented by what is stated herein, are sufficient for the purposes of this appeal. The action was brought to establish a constructive trust in certain real property de...
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This appeal involves a controversy between respondent and appellant as to the first and superior right of said parties herein to the use of the waters of the East Fork of Stuart's Fork of the Trinity River and Strope Creek, respectively, which are of first importance to conducting and carrying on hydraulic mining operations. Strope Creek is a tributary of the East Fork of Stuart's Fork of the Trin...
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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 621 THE COURT. The petitioners applied for a writ of prohibition which had for its purpose that of restraining the respondent court, acting through the respondent judge thereof from proceeding with a further hearing upon a certain contempt proceeding pending ...
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THE COURT. This appeal is taken by plaintiff, as administrator, from a judgment rendered in favor of defendants in an action praying for the cancellation and rescission of a written contract entered into by said intestate and defendant for the exchange of real and personal properties owned, respectively, by plaintiff's intestate, Lawrence J. Gunther, and defendant Dr. Ernest E. Thompson. The prope...
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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 637 This is a proceeding in mandamus to compel the controller and treasurer respectively of the city of Los Angeles to draw a warrant for and pay to the petitioner the principal amount theretofore paid by the petitioner in satisfaction of a judgment on a forf...
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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 648 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 649 [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 672 The complaint in this action asks for an injunction against the defendant prohibiting it from permitting water to flow or seep through its canals upon plaintiffs' lands; for the abatement thereof as a nuisance, and for damages alleged to have been already...
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The petitioner seeks the issuance by this court of a writ of mandate directed to the Honorable C.J. Luttrell, Judge of the Superior Court in and for the County of Siskiyou, requiring him as judge thereof to proceed with the further hearing and determination of a certain action pending in said court, and also for an ancillary writ of prohibition to be directed to Honorable Walter E. Herzinger, Judg...
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This is an appeal by defendant from a judgment of the Superior Court of Los Angeles County, imposing sentence of death after conviction of murder in the first degree, and from an order denying his motion for a new trial. On July 14, 1930, the defendant came to the courtroom of Judge Frank C. Collier. A civil trial was then in progress, in which Motley H. Flint, the deceased, was a witness. At the ...
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The defendant was charged with the murder of Ann McKnight Burkhart, his estranged wife. The jury brought in a verdict finding the defendant guilty of murder in the first degree and recommending that he suffer the death penalty. This appeal is from the judgment of conviction and from the order denying defendant's motion for new trial. The homicide of which defendant stands convicted occurred on Mar...
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This action is one brought by the plaintiff to quiet title against the defendants to a lot in the city of Compton, county of Los Angeles. To the plaintiff's complaint alleging ownership the defendants William McCord and Mary McCord filed an answer, denying the allegations thereof, and also served and filed a cross-complaint alleging themselves to be the owners of the lot in question. The trial co...
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THE COURT. This action is one for the foreclosure of a mortgage upon real property brought by the plaintiff who sues as the transferee of the note and mortgage from the mortgagees before maturity. The answer of the defendants admitted the due execution and delivery of the note and mortgage and the nonpayment thereof. The defendants, however, denied that said instruments had been assigned to *Page ...
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THE COURT. This is an appeal from an order denying the motion of defendants Wallace I. Fox and Haddie Fox, made under section 473 of the Code of Civil Procedure, to vacate and set aside a default judgment entered against them in an action to foreclose a mortgage. The record shows that the foreclosure action was commenced January 21, 1930; that a copy of the complaint attached to an undated summons...
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This appeal is from a judgment of conviction of the defendant upon a charge of murder, following a verdict of guilty by the jury without recommendation. The evidence convincingly shows the defendant to have been guilty of a deliberate, premeditated and unprovoked murder. Upon his arraignment therefor he entered a plea of "not guilty" and "not guilty by reason of insanity", and he also denied the t...
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This is a petition for a writ of habeas corpus. Petitioner was tried in the Superior Court of Alameda County and convicted of a violation of section 476a of the Penal Code. The information filed against her also charged the prior conviction of three separate felonies. Petitioner admitted the second and third, but denied the alleged first prior conviction. A finding against her was made on this iss...
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This appeal is from a judgment directing the defendant and appellant to pay to the plaintiff and respondent the sum of fifty dollars per month for the support of the illegitimate minor child of plaintiff and defendant. The respondent has filed no brief herein either originally or after the issuance and service upon her of an order to show cause. We have, however, examined the entire record with a...
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The defendants appeal from the judgment of the trial court in the plaintiff’s favor for the sum of $3,000 for a lettuce crop upon 100 acres of land, alleged to have been sold and delivered to the defendants at the agreed price of $3,000, which the defendants have refused to pay. The answer of the defendants is a denial of the averments of the complaint and consists, by way of *755 further and a...
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The questions raised on appeal are technical and without substantial merit. Certain causes of action were consolidated and tried together, these being claims for building materials and labor furnished and used in the construction of a five-unit bungalow on the property of the defendants Coates. The prayer was for judgment against the contractor and for the fixation of a lien upon the property of t...
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THE COURT. This cause was originally appealed to the District Court of Appeal where it was heard, and by a divided court the judgment of the trial court was reversed. Upon petition of the attorney-general, we ordered a transfer *Page 761 to this court. After due consideration given to the opinions rendered by the members of the District Court of Appeal at the time this cause was before said court...
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This is an appeal from a judgment dismissing the action after an order sustaining demurrers to the amended complaint without leave to amend. *Page 767 It is alleged in said amended complaint that the defendants, George Downs and Lola Downs, who are husband and wife, were the owners of certain real property described therein and situated in the county of San Diego, and that while such owners they ...
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THE COURT. This is an appeal from a judgment in favor of the plaintiff in a personal injury action, tried before the court without a jury. Defendant appeals on a bill of exceptions, alleging that the findings of the trial court to the effect that the defendant was negligently operating his automobile at the time of the accident are not supported by the evidence, and also contending that there is n...
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THE COURT. In this action the same questions are presented as were before the court in the case of Fred E. Peterson v. W.F. Ball (L.A. No. 10957), ante, p. 461 [296 P. 291], this day decided. The parties are practically the same in each action and the only difference in the two relates to the amount of the indebtedness claimed to have been illegally incurred. The same procedure was had in this act...
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