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All Reporters → cal-lexis → Volume 1934

Opinions in cal-lexis Volume 1934

The appeal herein is taken by some of the heirs at law and next of kin of Mary L. Leonard from an order denying admission to probate of a document claimed to be the holographic will of the decedent. The document was entirely written and dated by the hand of the decedent. *9 Objection to its admission was made on the ground that it was not executed in accordance 'with legal requirements, in that...
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This appeal is prosecuted from a judgment rendered upon a verdict in favor of the defendant in an action for damages on account of injuries sustained in an automobile accident. The defendant pleaded contributory negligence on the part of the plaintiff and the only error specified is an instruction on that phase of the case. The accident occurred while plaintiff was crossing Jefferson Street at Gr...
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In this cause, tried upon an agreed statement of facts, Honorable Henry M. Willis, the learned trial judge, filed, as the basis for his judgment, a written opinion which exhaustively, and we think correctly, treats the material questions presented by the record. We hereby make it the basis of our order affirming the judgment. "This is an action to annul a deed of reconveyance by the truste...
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The appeal herein is from an order admitting to probate the last will and testament of Christopher H. Frank, deceased. The decedent left a last will by which he bequeathed his estate to his five children. He named one of his daughters, Linnie Duncan, executrix. He expressly omitted any bequest to his wife, Eva L. Frank. The latter instituted a contest and opposition to the probate of the w...
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Defendant was indicted for the murder of his wife in Los Angeles County. The cause was tried by the court sitting without a jury, a jury having been waived. At the conclusion of the evidence defendant was found guilty of murder in the first degree and sentenced to suffer the extreme penalty. He appeals from the judgment. The evidence is conclusive that the decedent died as the result of injurie...
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The plaintiffs appealed from a judgment entered upon an order sustaining the defendants’ demurrer to the first amended complaint without leave to amend, and from an order taxing costs. By their action the plaintiffs sought to impress a trust upon certain real and personal property which it is alleged was created by virtue of the following facts appearing from said first amended complaint: ...
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Appeal on judgment-roll by defendant Union Drilling and' Petroleum Company, hereinafter called the “drilling company”, from judgment for plaintiffs. The facts found by the court are as follows: Plaintiffs, owners of lots 67, 69 and 70 of Tract 639, Los Angeles, on November 6, 1923, executed to one Roy W. Perkins an oil and gas lease on said property, reserving to themselves a twenty-five per ce...
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1 Cal.2d 61 (1934) In the Matter of AN INVESTIGATION OF THE CONDUCT OF THE EXAMINATION FOR ADMISSION TO PRACTICE LAW. Misc. No. 1280. Supreme Court of California. In Bank. May 28, 1934. H. C. Wyckoff, President, The State Bar of California, Alfred L. Bartlett, Chairman, The Committee of Bar Examiners, M. R. Kirkwood, Wm. N. Simmons, Gordon Johnson, Orrin K. McMurray, William G. Hale, Edwin J....
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This is an appeal from a judgment of the superior court in a certiorari proceeding annulling an order of the justice’s court. The matter was submitted to the court on a demurrer to the petition. The effect of the demurrer was to adopt as the return to the writ the facts alleged in the petition. (Stoner v. City Council of Los Angeles, 8 Cal. App. 607 [97 Pac. 692].) The facts set forth in th...
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The City of Los Angeles appeals from a judgment of dismissal and the order taxing costs entered in the above-entitled action in favor of Jennie and William L. Riley. The facts are undisputed and are as follows: The city in 1923 commenced the above-entitled action for the purpose of condemning for street purposes certain parcels of real property. The action was instituted under the provisions of...
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A hearing was granted in this case after decision by the District Court of Appeal, Second Appellate District, Division One. Upon further consideration, we are satisfied that the said court has correctly determined the issues, and we therefore adopt the opinion of Mr. Justice pro tempore Desmond, together with a part of the opinion of the court on petition for rehearing, as the opinion of this cour...
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The City of Pasadena and certain of the city officials appeal from a judgment determining that a *89 certain zoning ordinance and a so-called boiler ordinance of the City of Pasadena are inapplicable to respondent, and also appeal from the order taxing costs. The facts giving rise to the controversy are as follows f Since 1895 the respondent Sunny Slope Water Company has been engaged in the b...
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By this application the petitioner seeks to have this court review and annul the action of the respondent commission in dismissing for an asserted lack of jurisdiction a petition to reopen and to adjust a claim based on an alleged new and further disability in the nature of permanent disability resulting from the original accident for which petitioner has already received an award for temporary...
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This is an original proceeding in mandamus to compel the respondent County Auditor, as ex-officio Auditor of Los Angeles County Flood Control District, to approve the petitioner’s claim for services rendered in appraising certain lands along the San Gabriel River below a point known as Whittier Narrows. The appraisal of the land was ordered by the board of supervisors, and the claim was approved b...
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After consideration of this appeal, we hereby adopt, as part of this decision, the following language taken from the opinion prepared by Mr. Justice York for the honorable District Court of Appeal for the Second Appellate District, Division One: “The appellant was tried upon an indictment containing ten counts charging him with the offense of forgery, and upon two informations containing ten co...
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Prohibition. From January 12 to 18, 1933, an action entitled “J. J. Schumacher v. E. M. Allison, Vitimin Milling Corporation, et al., No. 331685”, was on trial with a jury in department eleven of the Superior Court in and for Los Angeles County. On January 18th, when both sides had rested, a motion for a directed verdict was made on behalf of the defendant Vitimin Milling ...
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The plaintiff had judgment in this action for the sum of $8,585 against the defendants George W. Smith, Ella Smith, Jacob Kooyman, Peter Kooyman, W. Feinstein, John Kooyman, The Seaboard Dairy Credit Corporation, Ed Haeeker and Ord L. Leachman, for and on account of the alleged conversion of a certain herd of cattle. From this judgment the defendant Seaboard Dairy Credit Corporation appeals. ...
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William J. Puett died testate on January 13, 1932. At the time of his death he was the owner of an apartment in an “own-your-own” or commonly designated “community” apartment house. Through the medium of an holographic will, of which the respondent is the duly appointed and acting executor, the testator made several specific bequests and, in addition, disposed of the residuum of his estate to des...
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1 Cal. 2d 136 (1934) ALBERT N. JOHNSON et al., Appellants, v. MABEL DeWITT EHRGOTT et al., Respondents. S. F. No. 14821. Supreme Court of California. In Bank. June 22, 1934. T. L. Christianson for Appellants. Robert B. Gaylord for Respondents. LANGDON, J. This is an action for damages for fraud. Plaintiffs alleged that on January 18, 1927, they entered into an agreement with defendants to ...
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Petition for writ of mandate against the Registrar of Voters of the County of Los Angeles, directing said officer to strike from the files of his office the names of twenty-seven persons, each of whom has filed in the office of said registrar his or her declaration of intention to become a candidate for the office of superior judge in and for said county, and to restrain said registrar from placin...
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Respondents move to dismiss the appeal of the intervener Florence Brown upon the grounds, first, that she no longer has any interest in the subject matter of the litigation, and, as to her, the questions involved in the appeal have become moot, and on the further (second) ground that she has failed to perfect the appeal within the time required by law. Both grounds of the motion are good. The firs...
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This is an action to declare void certain certificates of interest in a trust, and to recover dividends paid thereon. A general demurrer was sustained to the complaint, and plaintiffs, electing to stand upon it, permitted judgment to go against them and brought this appeal. The question is whether the complaint states a cause of action, and involved in this is the question whether the right of act...
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This action is brought to collect a property tax on an automobile from the person shown by the records of the California motor vehicle department to be the “legal owner”. The lower court sustained a general demurrer to plaintiff’s complaint, and judgment for defendant was entered accordingly. Prior to March, 1933, a dealer sold the automobile to a buyer under a conditional sale contract, and in...
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Both parties appeal from a judgment in a proceeding for declaratory relief under sections 1060 et seq. of the Code of Civil Procedure. The facts are undisputed. The plaintiff is operating the Palace Hotel in the city of Ubiah, county of Mendocino. The hotel is a three-story brick and concrete structure, one hundred feet by two hundred feet in dimensions. Within the building is a dining-room whe...
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This is an appeal by the defendant bank from a money judgment entered in favor of the plaintiffs in the sum of $3,575.63 and costs. The complaint sounds in damages for fraud. In the first cause of action it is alleged, in substance, that plaintiffs entered into an agreement in writing under the terms of which they were to purchase certain real property from the defendant Schuttpelz who, upon co...
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Adam Putnam died on June 24, 1930, at the age of about eighty-two years. He was a resident of Ferndale, Humboldt County, and left real and personal property of the value of nearly $300,000. Two children survive him, a daughter, Edna Putnam, and a son, the contestant, William Mason Putnam. The decedent made a will dated November 15, 1927, and a codicil thereto dated October 19, 1928. These instr...
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This is an appeal from a judgment in favor of the defendants in an action to impress a trust upon certain real property or the proceeds thereof. *174 Pending trial in the action and pursuant to stipulation the real property was sold and the net proceeds of the sale impounded with the clerk of the court subject to the judgment of the court. After judgment for the defendants was ren...
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On January 17, 1934, the city council of the City of Long Beach passed and adopted ordinance No. C-1244, entitled, “An Emergency Ordinance Providing for the Registration and Redemption of Warrants Drawn upon the City of Long Beach; Providing for the payment of Interest upon Such Registered Warrants, and Providing for the Priority of the Payment of Such Registered Warrants.” On February 17, 1934...
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This is a companion case to action S. F. No. 15114, entitled Marie Voorhees v. H. C. Morse, as City Treasurer of the City of Long Beach, this day filed (ante, p. 179 [34 Pac. (2d) 153]). By her petition, the petitioner herein asks for a writ of mandamus directed to the respondent as city auditor of said city commanding her to notify the city treasurer of said city of the fact that there were on th...
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Petitioners apply for a peremptory writ of mandate, directed to respondent, ordering him to receive and file a section of an initiative petition which respondent refuses to accept upon the ground that it does not comply with the law, in that the “short title”, appearing on the top of each page after the first page of the petition, is not printed in eighteen-point gothic type, and exceeds twenty w...
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Plaintiff, a real estate broker, brought this action against defendant, a manufacturer of curled hair., for a commission, founded upon a written authorization signed by defendant, dated December 20, 1929, and purporting to authorize plaintiff to “negotiate for a tenant” for a *207period of thirty days. The property involved was owned by defendant and was a vacant lot situated in San Pedro, Califor...
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1 Cal.2d 211 (1934) THE PEOPLE, Respondent, v. CHARLES D. TEDESCO, Appellant. Crim. No. 3738. Supreme Court of California. In Bank. July 2, 1934. S. S. Hahn, Harry Polglase and W. O. Graf for Appellant. U.S. Webb, Attorney-General, and James S. Howie, Deputy Attorney-General, for Respondent. WASTE, C.J. Defendant was charged, by information filed by the Superior Court in and for the County...
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1 Cal.2d 222 (1934) GEORGE GRAF, Appellant, v. MONTECITO COUNTY WATER DISTRICT (an Incorporated County Water District), Respondent. L. A. No. 13029. Supreme Court of California. In Bank. July 2, 1934. Butcher & Haines, Robertson & Crawford and Maxwell Nichols for Appellants. Heaney, Price & Postel for Respondent. THE COURT. A hearing was granted in these consolidated cases afte...
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It appearing that the transaction which formed the basis of the charges preferred against petitioner, and which resulted in a recommendation by the Board of Governors of The State Bar that he be suspended from practice of the law for a period of one year, involved a party or parties who participated therein with petitioner, but who were not proceeded against and whose conduct in the matter has not...
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1 Cal. 2d 227 (1934) SYLVIA A. BUTTERFIELD, Respondent, v. WILLIAM L. BUTTERFIELD, Appellant. L. A. No. 14420. Supreme Court of California. In Bank. July 2, 1934. Lovett K. Fraser for Appellant. Jess G. Sutliff for Respondent. THE COURT. In this action for divorce defendant filed a demurrer and motion for change of venue, but failed to file points and authorities in support of either. At t...
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Plaintiff, a painter by trade, acting in the course of his employment, on April 8, 1929, was standing on the next to the top rung of a forty-foot extension ladder, hanging window screens on the outside of an apartment house in Los Angeles owned by Hart Brothers Company, his *231employer. While so engaged, the rung of the ladder on which he was standing collapsed, due to its defective condition, an...
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This is a petition for a writ of mandate to compel respondent, Clerk of the City ■ of Los Angeles, *241 to count in favor of a recall the names of certain electors signed to recall petitions. The parties have stipulated to the facts, and questions of law alone are presented. Under the provisions of the School Code, the board of education of the city of Los Angeles is the governing body of thr...
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The Bank of Oakley, with a capital stock of 250 shares of the par value of $100 per share, was organized on August 20, 1920. Plaintiff, at an undisclosed date, became the owner and holder of one share of its stock. In 1925 he opened a savings account with said bank and made deposits therein. On December 19, 1930, the bank became insolvent, whereupon the Superintendent of Banks in the manner provid...
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This is a proceeding to review an award of compensation made by the Industrial Accident Commission in favor of Juan Palma against the Alaska Packers Association, his employer. On May 13, 1932, Juan Palma, a nonresident alien, entered into a contract of employment on board the steamer “Chirikof” in the harbor of San Francisco, with the Quong Ham Wah Co., agent for the petitioner, the Alaska...
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Action for unlawful detainer by the landlord against tenants holding over after default in the payment of rent. ' The defense to the action was that the landlord orally reduced the rent from $675 per month to $300. This latter sum was paid monthly by the lessees from the date of the lease to and including April 1, 1932. As the rent was payable in advance, the payment on April 1, 1932, covered the...
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This action was brought to have the ownership of, and certain conflicting rights and interests in, certain oil wells and the proceeds of production therefrom judicially determined. At the commencement of the action, and pursuant to stipulation, receivers were appointed to take charge of and operate the wells and conserve the net proceeds. From time to time the receivers resigned and trustees were...
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The plaintiffs have appealed from a judgment quieting the title of the Southern Pacific Railroad Company to a strip of land less than an acre in area along its right of way in Santa Clara County. The plaintiffs claim as joint tenants through a deed from one C. N. Anderson executed in 1923, and show a paper title by mesne conveyance from one C. H. Phillips, who was stipulated to be the record ow...
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1 Cal. 2d 276 (1934) ANTHONY REGOLI, Appellant, v. C. R. FANCHER et al., Respondents. S. F. No. 14808. Supreme Court of California. In Bank. July 16, 1934. Thomas T. Califro and Frank E. McGuire for Appellant. John S. DeLancey and Stanley J. Smith for Respondents. PRESTON, J. This record presents reciprocal actions to quiet title to a residence lot in Oakland. Issues were joined on both co...
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Motion to dismiss appeal. The trial court rendered judgment against the plaintiff. After motion for new trial made and denied, plaintiff gave notice of, hut has not perfected, an appeal. From the order of the trial court terminating proceedings for the preparation of a record on appeal, it appears that the time allowed by law has long since passed. The appeal is dismissed....
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These proceedings were commenced by the petition of Ray L. Riley, State Controller, for determination of the inheritance tax due on property left by Hortense L. Robbins, who died intestate on or about August 12, 1929. The court appointed an inheritance tax appraiser, who reported that the personal property left by the decedent was, at the time of her death, of the total market value of $436,310.1...
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1 Cal. 2d 289 (1934) FRED FARRIS, Appellant, v. PACIFIC STATES AUXILIARY CORPORATION (a Corporation) et al., Respondents. S. F. No. 14992. Supreme Court of California. In Bank. July 17, 1934. Leon French and Fred W. Lake for Appellant. John L. Mace for Respondents. THE COURT. Motion to dismiss appeal or affirm judgment. On the hearing we denied the motion to dismiss appeal and submitted fo...
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1 Cal. 2d 291 (1934) In the Matter of the Estate of C. LIND, Deceased. G. R. SOULE et al., Appellants, v. JOHN J. TAAFFE et al., Executors, etc., Respondents. S. F. No. 15057. Supreme Court of California. In Bank. July 17, 1934. William Sea, Jr., for Appellants. No appearance for Respondents. SHENK, J. On February 7, 1933, Charles Lind died testate in the city and county of San Francisco. ...
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1 Cal. 2d 294 (1934) T. V. MAXWELL et al., Petitioners, v. THE SUPERIOR COURT OF SAN MATEO COUNTY et al., Respondents. S. F. No. 15106. Supreme Court of California. In Bank. July 17, 1934. Kirkbride, Wilson & Brooks for Petitioners. Carl W. Anderson, Gilbert D. Ferrell and Fred W. Comba for Respondents. *295 SHENK, J. Petition for writ of mandate. The matter is presented on the petitio...
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1 Cal. 2d 298 (1934) EDWIN M. DAUGHERTY, as Commissioner of Corporations, etc., Petitioner, v. RAY L. RILEY, as Controller, etc., Respondent. S. F. No. 15135. Supreme Court of California. In Bank. July 17, 1934. Charles F. Johnson for Petitioner. U.S. Webb, Attorney-General, Robert W. Harrison, Chief Deputy Attorney- General, and W. R. Augustine, Deputy Attorney-General, for Respondent. O'M...
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1 Cal. 2d 313 (1934) IRENE V. COHN, Respondent, v. LEVI COHN et al., Executors, etc., Appellants. S. F. No. 14880. Supreme Court of California. In Bank. July 18, 1934. Joseph A. Brown for Appellants. Daniel R. Shoemaker and Harry I. Stafford for Respondent. PRESTON, J. Plaintiff brought this action to have a deed declared to be a mortgage, which deed, absolute in form, was made by her in t...
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1 Cal. 2d 316 (1934) THE PEOPLE, Respondent, v. REVELL KENNETH COVINGTON et al., Appellants. Crim. No. 3760. Supreme Court of California. In Bank. July 18, 1934. Gladys Towles Root and Louis B. Preston for Appellants. U.S. Webb, Attorney-General, and John D. Richer, deputy Attorney-General, for Respondent. THE COURT. A petition for hearing was granted in order to consider more fully the qu...
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1 Cal. 2d 321 (1934) HARRY I. STAFFORD et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent. S. F. No. 15085. Supreme Court of California. In Bank. July 19, 1934. Edmund A. Cunha for Petitioners. Byron Coleman and Oliva & Coleman for Respondent. PRESTON, J. This proceeding in mandate involves the following facts: Subsequent to a final judgment...
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1 Cal. 2d 325 (1934) HAPPY VALLEY WATER COMPANY (a Corporation), Respondent, v. WM. M. THORNTON et al., Appellants. Sac. No. 4760. Supreme Court of California. In Bank. July 21, 1934. Jesse W. Carter, R. Lee Chamberlain, Arthur F. Coe and Philip Grey Smith for Appellants. L. C. Smith for Respondent. PRESTON, J. The above causes were consolidated for trial and the appeal is from the single ...
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Plaintiff was enrolled as a pupil of the Fall River Joint Union High School District, one of the defendants herein. The school district entered into an agreement with the defendant Dave Fitzwater to transport by bus pupils living in certain territory within the district to and from the school building of said district. The defendant Fitzwater was the owner of the bus, and was paid a definite amou...
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This cause was taken over, upon petition, after a decision in the District Court of Appeal, Third Appellate District. Upon a reading of the record, and an examination of the authorities, we are satisfied that the opinion of that court, prepared by Mr. Presiding Justice Pullen, reached a correct conclusion upon the issue presented. We therefore adopt the following portions of the opinion of the ...
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In the procurement of the papers for the candidacy of Alexander Gillmor, referred to in the proceeding herein, fraud was committed upon the electors, upon the signers to the sponsorship certificate, and upon other candidates for the same office, as defined in the case of Power v. Jordan, S. F. No. 7077. * Upon the authority of that case a peremptory writ of mandate is hereby ordered to issu...
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This court granted a petition for rehearing in the above-entitled cause, one of four consolidated cases (Sac. Nos. 4737, 4738, 4739 and 4740), decided on March 1, 1934. A full discussion of the facts involved in this cause and the situation of the parties is contained in the decision in the other three causes, supra [Hawley v. Reclamation Dist. No. 730, 220 Cal. 271 (30 Pac. [2d] 505)], and need n...
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This is an appeal by defendants from a judgment directing that a writ of mandate issue to compel payment of plaintiff’s salary as a teacher. The appeal is on the judgment-roll. In June, 1930, plaintiff was employed by defendant school district as a probationary teacher, and taught for the school year 1930-1931. Under the provisions of the School Code the teacher is deemed re-employed for the ne...
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1 Cal. 2d 357 (1934) LAWRENCE J. ARCHER, Respondent, v. CIVIL SERVICE COMMISSION OF SAN FRANCISCO, etc., et al., Appellants. S. F. No. 15068. Supreme Court of California. In Bank. July 27, 1934. John J. O'Toole, City Attorney, and Thos. P. Slevin, Deputy City Attorney, for Appellants. Leo A. Cunningham and John J. Dailey for Respondent. THE COURT. This is an appeal from a judgment of the s...
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This is a proceeding to review the action of the board of governors of The State Bar of California recommending suspension of the petitioner Mercer H. Farrar from the practice of law in this state for a period of two years for professional misconduct and violation of his oath as an attorney. Petitioner does not question the evidence before the board of governors, their findings thereon, nor the...
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This is an appeal from a judgment of conviction and from order denying motion for new trial; also from order denying motion in arrest of judgment. Our conclusion upon the question of the jurisdiction of the court below to try this cause, and enter the judgment complained of on the verdict, will dispose of the appeal. Defendants were previously put to trial on the present charge of murder a...
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Plaintiff appeals from orders of the trial court modifying the provisions of an interlocutory decree of divorce. The decree was given in favor of plaintiff in 1921, and ordered defendant to pay twenty-five dollars per week for the support of plaintiff and her minor children, “until *369 the further order of the court”. On May 10, 1933, after an order to show cause issued at the instance of defe...
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1 Cal. 2d 370 (1934) FRANK M. DAVIS et al., Appellants, v. OLIN D. JACOBY et al., as Executors, etc., Respondents. S. F. No. 14879. Supreme Court of California. In Bank. July 30, 1934. Walter H. Linforth, Wm. M. Cannon and John L. McVey for Appellants. Marshall Rutherford, Fitzgerald, Abbott & Beardsley, Calkins, Hagar, Hall & Linforth, Goudge, Robinson & Hughes, Chapman, Trefeth...
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A hearing was granted in this case after decision by the District Court of Appeal, Third Appellate District. Upon further consideration, we are satisfied with the determination thereof by the said court, and we hereby adopt the following portions of the opinion of Mr. Presiding Justice Pullen as part of the opinion of this court. It reads as follows: “Petitioner herein seeks by this writ to rev...
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The Dunn-Williams Company, a copartnership consisting of W. F. Dunn and J. A. Williams and one John A. Cleeak, the original plaintiffs in this action, had claims against the defendant based upon two written undertakings executed by the defendant in an action in which said three original plaintiffs were parties. They instituted this action to recover on said undertakings. Thereafter and before judg...
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A hearing was granted in this case after decision by the District Court of Appeal, Fourth Appellate District. Upon further consideration, we hereby adopt the following portions of the opinion of Mr. Justice Marks as part of the opinion of this court: “Appellant was charged by an information filed by the district attorney of Fresno county on May 19, 1933, with three separate offenses consisting ...
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A hearing was granted in this case after decision by the District Court of Appeal, First Appellate District, Division Two, for the purpose of giving further consideration to the contention of appellants that the verdict was arrived at by means of a resort to chance and hence might be impeached by affidavits of the jurors. The facts are stated in the opinion of Mr. Justice Spence as follows...
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This is the second appeal in this case. The action was brought to recover damages for personal injuries sustained by the plaintiff when a freight-car of the defendant railroad company collided with the gasoline truck which the plaintiff was driving while the train crew was making a “flying switch” at an intersection. On the first trial the jury brought in a verdict of $7,500 for the plain *410 ...
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Petition for writ of mandate. Petitioner, Consolidated Title Securities Compaq, leased a title searching plant owned by it to Security Title Insurance and Guarantee Company, a title insurance company with offices in the city of Los Angeles. The notice of personal property taxes served on petitioner on July 11, 1933, by respondent County Assessor of Los Angeles County charged petitioner with tax...
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Mandamus to compel the respondents as treasurer and controller of the petitioner district to transfer the sum of $352,800 from the “Colorado River Waterworks Bonds Election 1931 Fund” to the “Colorado River Waterworks Bonds Election 1931 Interest and Sinking Fund” pursuant to an ordinance of the board of directors of the district, adopted November 17, 1933, requiring them to do so. A gen...
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Appeal from a judgment of the Superior Court of Modoc County foreclosing liens of materialmen, and ordering a sale of real property to satisfy the same. The defendant Bertelson engaged in the construction of six dwellings upon six adjacent lots in Mountain View subdivision of Alturas. The building operations were to be financed by construction loans advanced by the defendant and appellant,...
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The plaintiff sued to quiet his title to an alleged appropriation right in the waters of Coyote Creek in Calaveras County, and for injunctive relief to enjoin the defendants’ interference with the right alleged. The defendants appeal from a judgment for the plaintiff. The plaintiff based his right to recovery on a judgment for the plaintiff rendered on September 21, 1887, in an action comm...
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This cause was ordered transferred to this court after decision by the District Court of Appeal for the reason that we desired to give further consideration to some of the questions presented on the appeal and determined by said decision. After a careful study of the briefs and arguments of the parties hereto, we are of the conclusion that the opinion of the District Court of Appeal, with the del...
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This is an appeal from an order declaring appellant “mentally incompetent and incapable of taking care of or managing her property”, and appointing a guardian of her estate, but not of her person. Since taking the appeal the ward has died. Respondent has filed herein a copy of the death certificate and suggests that the appeal be dismissed for the reason that the issue as to appellant’s competency...
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This is a proceeding- in mandamus. The petitioner is the president of the state board of chiropractic examiners. He is one of the proponents of a proposed initiative measure to amend the Chiropractic Act approved by the electors of the state at the general election on November 7, 1922. Acting with other proponents he caused a petition, in sections, to be prepared and circulated among...
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Petition for a peremptory writ of mandate directed to the respondents requiring them to refrain from conducting an election for the recall of the judge of the Superior Court in the County of Amador. The election was called for Tuesday, August 28, 1934, the date for the holding of the general primary election throughout the state. It is the contention of petitioner that it has been and is t...
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Petition for writ of mandate directed to the Secretary of State commanding him to refrain from submitting a certain purported initiative measure to the electors of the state, and not to certify said measure to the registrars of voters and county clerks of the state. Upon the filing of the petition this court issued an alternative writ directed to said officer, commanding him to refrain from commi...
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Proceeding in mandamus. The issue is presented by the petition, answer thereto and demurrer to the answer. Petitioner is a public corporation and respondents are the statutory successors of the commission created by the Water Commission Act (Stats. 1913, p. 1012, as amended; Deering’s Gen. Laws, 1931, vol. 3, p. 4998, Act 9091; Pol. Code, secs. 348-359b, 363-363gg). Acting upon ...
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Mandamus proceeding presented by a petition and general demurrer thereto. The issue involved is the proper scope to be accorded the word “expenditures” found in article XI, section 20, of the Constitution, this section being a part of the so-called Riley-Stewart tax plan voted into the Constitution and made effective June 27, 1933. The proper construction of this word will disclose the ingred...
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Petition for writ of mandate to compel the respondent Board of Supervisors of Alameda County to refuse to certify the election of Chris B. Fox to the ofiice of justice of the peace of the city of Oakland (police judge), designated as office “No. One”, and to compel the county clerk of said county to refuse to issue to Chris B. Fox a certificate of his election to said office, and commanding the...
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Judgment went for the plaintiff in this action to recover damages for personal injuries incurred as the result of a collision of automobiles at a five-point intersection of thoroughfares in the city of Los Angeles. The defendants have appealed. There is evidence from which the jury might have reasonably concluded that plaintiff first entered the intersee *491 tion at a proper rate of speed an...
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Respondent moves. to dismiss an appeal from an order denying motion to retax costs on the ground that the transcript was not filed within the time required by law. When the motion to dismiss came on for hearing the transcript had been filed and appellant, by way of affidavit, averred that her delay in completing and filing the transcript was due principally to an attempt to consummate a settlemen...
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Respondent moves to dismiss the appeal herein or to affirm the judgment appealed from, urging that nothing of merit has been advanced in support of a reversal. The action was brought for the purpose of foreclosing two mortgages given to secure an indebtedness of $1600, evidenced by two promissory notes, each in the sum of $800. The property mortgaged consists of several parcels of real property. W...
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1 Cal. 2d 497 (1934) THE PEOPLE, Respondent, v. MIKE LAMI, Appellant. Crim. No. 3725. Supreme Court of California. In Bank. September 26, 1934. No appearance for Appellant. U.S. Webb, Attorney-General, for Respondent. WASTE, C.J. Appellant appeals from a judgment sentencing him to suffer the extreme penalty. The judgment is based upon the verdict of a jury finding him guilty of murder in t...
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1 Cal. 2d 502 (1934) ETHEL H. QUIGLEY, Appellant, v. EARL L. NASH, Administrator, etc., Respondent. Sac. No. 4781. Supreme Court of California. In Bank. September 26, 1934. J. E. Pardee for Appellant. R. M. Hardy for Respondent. CURTIS, J. Action to recover on two claims presented against the estate of Paul A. Quigley, deceased. The plaintiff is the surviving wife of said deceased. Decease...
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1 Cal. 2d 512 (1934) JEANETTE P. PHILPOTT, as Administratrix, etc., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. L. A. No. 14359. Supreme Court of California. In Bank. October 1, 1934. Edwin J. Miller for Petitioner. Everett W. Mattoon, County Counsel, and S. V. O. Prichard, Deputy County Counsel, for Respondents. PRESTON, J. By this proceeding in prohibitio...
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1 Cal. 2d 510 (1934) THE PEOPLE, Respondent, v. EULOGIO B. SISSON, Appellant. Crim. No. 3743. Supreme Court of California. In Bank. September 28, 1934. J. E. Ebert and J. R. Lazarus for Appellant. U.S. Webb, Attorney-General, and Seibert L. Sefton, Deputy Attorney- General, for Respondent. LANGDON, J. The defendant in this case was charged with murder. He pleaded not guilty, and not guilty...
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1 Cal.2d 527 (1934) THADDEUS D. McCALL, Petitioner, v. SUPERIOR COURT OF IMPERIAL COUNTY, Respondent. L. A. No. 14531. Supreme Court of California. In Bank. October 1, 1934. M. W. Conkling for Petitioner. Harry W. Horton and S. L. McCrory for Respondent. PRESTON, J. By this proceeding we are required to redeclare the distinction between an action to secure the beneficial results which aris...
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1 Cal.2d 541 (1934) ETHEL DAVIS, Appellant, v. SECURITY-FIRST NATIONAL BANK OF LOS ANGELES (a Corporation) et al., Respondents. L. A. No. 14232. Supreme Court of California. In Bank. October 1, 1934. W. H. Douglass for Appellant. Gibson, Dunn & Crutcher, H. F. Prince and Keith Bullitt for Respondents. PRESTON, J. Appeal from judgment of dismissal entered upon motion of defendants, after re...
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1 Cal.2d 542 (1934) GEORGE SOUR et al., Petitioners, v. SUPERIOR COURT OF SAN DIEGO COUNTY et al., Respondents. L. A. No. 14720. Supreme Court of California. In Bank. October 1, 1934. J. L. Hofflund for Petitioners. Liggett & Liggett for Respondents. SHENK, J. The following opinion of the District Court of Appeal, Fourth Appellate District, prepared by Mr. Justice Marks, is adopted as the ...
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1 Cal.2d 546 (1934) BARD LIVINGSTONE, Appellant, v. R. W. MacGILLIVRAY et al., Respondents. L. A. No. 13908. Supreme Court of California. In Bank. October 1, 1934. Grant Holcomb for Petitioner. Fred A. Wilson for Respondents. THE COURT. The petitioner sued to compel the payment of his salary as assistant superintendent and foreman, a position he had held in the classified civil service of ...
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1 Cal. 2d 559 (1934) THE PEOPLE, Respondent, v. JUSTO RAMERIZ, Appellant. Crim. No. 3735. Supreme Court of California. In Bank. October 1, 1934. Edward L. Davin for Appellant. U.S. Webb, Attorney-General, and James S. Howie, Deputy Attorney-General, for Respondent. CURTIS, J. The defendant, Justo Rameriz, was convicted in the Superior Court of the County of Los Angeles of first degree murd...
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1 Cal. 2d 565 (1934) THE PEOPLE, Respondent, v. GIOVANNINA GRANA, Appellant. Crim. No. 3769. Supreme Court of California. In Bank. October 2, 1934. Harold A. Fendler, Frank L. Kostlan and Le Roy Anderson for Appellant. U.S. Webb, Attorney-General, Frank Richards, Deputy Attorney-General, Buron Fitts, District Attorney, Frank W. *567 Stafford, Deputy District Attorney, and A. H. Van Cott, Dep...
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1 Cal.2d 572 (1934) THE CITY OF LOS ANGELES (a Municipal Corporation), Respondent, v. WALTER ALLEN et al., Defendants; HAROLD LLOYD CORPORATION (a Corporation), Appellant. L. A. No. 14730. Supreme Court of California. In Bank. October 2, 1934. R. C. Gortner for Appellant. Ray L. Chesebro and Erwin P. Werner, City Attorneys, Frederick von Schrader, Assistant City Attorney, and Arthur W. Nords...
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1 Cal. 2d 577 (1934) W. E. GREENZWEIGHT, as Administrator, etc., Respondent, v. TITLE GUARANTEE AND TRUST COMPANY (a Corporation) et al., Appellants. L. A. No. 13476. Supreme Court of California. In Bank. October 2, 1934. Charles I. Baker, Arch. H. Vernon, Gilbert E. Harris and Charles H. Brock for Appellants. Joseph F. Rank and Willard W. Wallace for Respondent. *579 WASTE, C.J. This is a...
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1 Cal. 2d 583 (1934) O. P. GOODALL et al., Respondents, v. PERRY BRITE et al., Appellants. L. A. No. 14714. Supreme Court of California. In Bank. October 2, 1934. Borton & Petrini, Thomas Scott, District Attorney, and W. A. McGinn, Assistant District Attorney, for Appellants. Matthew S. Platz, Siemon, Claflin & Maas, Alfred Siemon and Finlayson, Bennett & Morrow for Respondents. WASTE, C.J....
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1 Cal. 2d 587 (1934) JULIUS BIERLICH, Respondent, v. WALTER L. UNGER et al., Defendants; SEABOARD SURETY CORPORATION OF AMERICA (a Corporation), Appellant. L. A. No. 14665. Supreme Court of California. In Bank. October 2, 1934. Arthur T. Stollmack and Samuel H. Weissberg for Appellant. William Schreier for Respondent. LANGDON, J. This action is brought to recover on a surety bond executed ...
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1 Cal.2d 589 (1934) CHARLES W. NICHOLS, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. L. A. No. 14688. Supreme Court of California. In Bank. October 3, 1934. Schauer, Ryon & Goux and Paul J. Fritz for Petitioner. Everett W. Mattoon, County Counsel, J. F. Moroney, Deputy County Counsel, and Wilton W. Webster for Respondents. CURTIS, J. On April 18, 1931, Ida M...
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1 Cal. 2d 601 (1934) NELLIE A. CONKLIN, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. L. A. No. 14677. Supreme Court of California. In Bank. October 3, 1934. Silverberg & Gilford for Petitioner. Everett W. Mattoon, County Counsel, and Fred M. Cross, Deputy County Counsel, for Respondents. CURTIS, J. Petition for a writ of mandate directed to the Superior ...
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1 Cal. 2d 604 (1934) TIMOTHY SHEA, Plaintiff, v. WILLIAM KERR, as Registrar of Voters, etc., Respondent; DANIEL S. SOREY, Intervener. L. A. No. 14978. Supreme Court of California. In Bank. October 4, 1934. Mott, Vallee & Grant for Petitioner. Everett W. Mattoon, County Counsel, and Fred M. Cross, Deputy County Counsel, for Respondent Kerr. J. Vincent Hannon and J. W. Faulkner for Interv...
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This is a petition for a writ of mandate to compel respondent, Auditor of the County of Los Angeles, to approve a claim for compensation for services. The board of supervisors of said county appropriated a sum of money for the specific purpose of employment of special investigators by the grand jury. Acting on information given by one of its members, the grand jury employed petitioner at ten dolla...
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1 Cal. 2d 611 (1934) THE PEOPLE, Respondent, v. JOHN McGEE, Appellant. Crim. No. 3686. Supreme Court of California. In Bank. October 8, 1934. W. C. Dorris and R. W. Henderson for Appellant. U.S. Webb, Attorney-General, and Frank Richards, Deputy Attorney-General, for Respondent. LANGDON, J. On November 3, 1930, an information was filed charging defendant with the crime of rape, and allegin...
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1 Cal. 2d 615 (1934) THE PEOPLE, Respondent, v. JAMES SYDNEY ROGAN, Appellant. Crim. No. 3752. Supreme Court of California. In Bank. October 9, 1934. Vincent W. Hallinan and William F. Herron for Appellant. U.S. Webb, Attorney-General, and John D. Richer, Deputy Attorney-General, for Respondent. *617 SEAWELL, J. The defendant was accused by an indictment returned against him by the grand j...
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1 Cal.2d 625 (1934) HARRY A. SPECK et al., Respondents, v. OLIVER WYLIE et al., Defendants; SARAH E. WYLIE, as Executrix, etc., et al., Appellants. L. A. No. 13205. Supreme Court of California. In Bank. October 10, 1934. Gibson, Dunn & Crutcher, H. F. Prince and Robert F. Schwarz for Appellants. Meserve, Mumper, Hughes & Robertson and Timon E. Owens for Respondents. PRESTON, J. Thi...
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This proceeding in contempt against respondents was instituted by the filing of affidavits by William H. Waste, Chief Justice of the Supreme Court of California, and B. Grant Taylor, clerk of said court. Based on these affidavits, the court ordered respondents to show cause why they should not be punished for contempt. The respondents filed answers in the form of affidavits, and have *632agreed th...
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1 Cal. 2d 639 (1934) HARRY T. YOUNG, as Trustee, etc., Appellant, v. THREE FOR ONE OIL ROYALTIES et al., Respondents. L. A. No. 12648. Supreme Court of California. In Bank. October 11, 1934. W. C. Dalzell for Appellant. G. C. DeGarmo, W. M. Crane, Glen Behymer, Earle M. Daniels, Ralph J. Brown, Paul W. Forker, Young & Young, Milton K. Young, Wilbur D. Finch, Dryer, Castle *641 & Rich...
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I concur in the reversal of the judgment but not for the reasons stated in the foregoing opinion. From the evidence received in the case I am satisfied that there was sufficient upon which to base the conclusion that the deceased did not come to her death by accident and that the corpus delicti was established. *663However, the defendant desired fully to rebut this showing. I am convinced that the...
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1 Cal.2d 666 (1934) HOWARD W. LOZIER et al., Respondents, v. JANSS INVESTMENT COMPANY (a Corporation) et al., Appellants. L. A. No. 13857. Supreme Court of California. In Bank. October 13, 1934. Gibson, Dunn & Crutcher, H. F. Prince and Robert F. Schwarz for Appellants. Bernard Potter for Respondents. PRESTON, J. As to defendant Janss Investment Company this is an action for the return of ...
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1 Cal. 2d 670 (1934) G. ALLEN MASON et al., Respondents, v. SAN-VAL OIL & WATER CO., LTD., et al., Appellants. L. A. No. 13846. Supreme Court of California. In Bank. October 19, 1934. Rollinson & Phister for Appellants. No appearance for Respondents. THE COURT. This is an appeal from an order appointing a receiver pendente lite. [1] The order was entered on May 24, 1932. The appea...
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Motion to dismiss the appeal on the ground that the notice of appeal was filed too late. The judgment was entered on October 9, 1933. The sixty-day period, provided by section 939" of the Code of Civil Procedure for filing notice of appeal, expired December 8, 1933, and no appeal was taken within that time. No proceedings on motion for a new trial were pending during said sixty-day period. The fil...
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Acting under the authority of section 135c, added to the Bank Act in 1933 (Stats. 1933, p. 318), the Superintendent of Banks appointed Henry E. Sherer as Conservator of the Bank of San Pedro. Subsequently the conservator sold certain assets of the Bank of San Pedro to Bank of America National Trust & Savings Association for the sum of $1,047,330.60. Thereafter the Superintendent of Banks and the c...
Views: 0
Appeal from a judgment for the defendant Barnes. The action was brought to recover the sum of $7,906.02 on deposit with the defendant bank, and levied upon under execution to satisfy partially a judgment of the plaintiff Spencer against the defendant Barnes. Prior to 1909 Spencer and Barnes were copartners in the sale of certain mining properties. Barnes sold the properties and collected the proce...
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In an indictment containing two counts the defendant was charged with murder and robbery. Upon his arraignment he entered a plea of not guilty to each charge. The jury found him guilty on both counts. The verdict on the murder count fixed the degree as of the first and was returned without recommendation. It therefore carries with it the extreme penalty. Defendant has appealed from the judgment a...
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This appeal involves the construction of certain provisions of sections 1, 2 and 3 of the so-called Usury Act (Stats. 1919, p. lxxxiii; Act No. 3757, pp. 1908 et seq., Deering’s Gen. Laws). On September 7, 1928, plaintiffs executed to defendant Pacific States Savings and Loan Company of Stockton, California, their promissory note in the principal sum of *693$172,000, with interest thereon at seven...
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This appeal involves the title to a lot located in Culver City, Los Angeles County. The question presented is that of the priority of a lien for general taxes over a subsequent lien for street improvement assessments upon the property. After a careful consideration of the cause, we are in accord with the conclusion announced by the District Court of Appeal, First Appellate District, Division On...
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The Board of Education of the City and County of San Francisco, and its constituent members, appeal from a judgment directing the issuance of a peremptory writ of mandate commanding them to restore respondent to her position and status as a permanent vice-principal teacher in the elementary schools of said city and county. In October, 1904, respondent, having served her probationary period of t...
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The respondent Bible Institute of Los Angeles moved to dismiss the appeal of the appellant, surviving widow of the decedent, from an order approving a corrected account current of the special administrator, on the ground that she had failed to comply with the provisions of section 953c of the Code of Civil Procedure, and Rules V and VIII of this court. At the same time the respondent moved to affi...
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1 Cal. 2d 712 (1934) In the Matter of the Estate of JEAN CAZAURANG, Deceased. MARIE LEES, Appellant, v. ROBERT P. CARREY et al., Respondents. L. A. No. 14564. Supreme Court of California. In Bank. October 31, 1934. A. G. Reily for Petitioner and Appellant. Gray, Cary, Ames & Driscoll in Opposition to Motion. CURTIS, J. Motion for substitution of attorneys. [1] Petitioner has moved this...
Views: 13
The plaintiff commenced an action in the Superior Court in and for the City and County of San Francisco by filing a complaint praying for certain declaratory and injunctive relief, to which the defendants Bryce filed an answer and a cross-complaint. The defendants Barrett and Ililp also filed an answer. The defendants Bryce moved for a change of place of trial to the county of Los Angeles. The mo...
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This is an action against a contractor and his surety to recover for labor and materials furnished for the erection of a building. The defendant National Surety Company was served, and set up the^ defense of the statute of limitations by demurrer. The lower court sustained the demurrer without leave to amend, and plaintiff appealed. While the appeal was pending the defendant corporation was dis...
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1 Cal.2d 724 (1934) In the Matter of the Estate of W. H. H. RALSTON, Deceased. WILLIAM JAMES RALSTON, Appellant, v. L. R. KAGARISE, as Executor, etc., Respondent. L. A. No. 14725. Supreme Court of California. In Bank. November 1, 1934. Edwin J. Miller, Ralph W. Miller and Samuel H. Peck, Jr., for Appellant. Libby & Sherwin for Respondent. WASTE, C.J. This is an appeal from a decree ent...
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This application for certiorari must be sustained, as will appear from a consideration of the fundamental limits set by the law establishing the workmen’s compensation system (Act 4749, Deering’s Gen. Laws, pp. 2272 et seq.). Petitioner is the Postal Telegraph Cable Company, a corporation. Respondents are the Industrial Accident Commission and Chas. Rudy Mahret, who was in the employ of petitioner...
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This is a petition for a writ of mandate. Petitioner brought this proceeding as a citizen, resident, elector and taxpayer of the state of California and the county of Kern, to compel respondents to take certain action with respect to a highway construction project. Respondents *741 are Earl Lee Kelly, Director of Public Works; O. H. Purcell, Chief of the Division of Highways and State Highway E...
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1 Cal. 2d 747 (1934) THOMAS WALSH et al., Petitioners, v. INDUSTRIAL ACCIDENT COMMISSION and JAMES KENNEY, Respondents. S. F. No. 15146. Supreme Court of California. In Bank. November 1, 1934. Redman, Alexander & Bacon and R. P. Wisecarver for Petitioners. Everett A. Corten and Emmet J. Seawell for Respondents. LANGDON, J. This is a petition to review an award of the Industrial Acciden...
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This is a proceeding in certiorari to annul an order of the respondent court vacating orders settling and approving the first nine accounts of the petitioner as trustee of a testamentary trust. The petition sets forth as exhibits the judgment-rolls on the several proceedings settling said accounts of the trustee, the petition for probate of the will, the decree of distribution, ...
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This is a proceeding in prohibition to restrain the respondent superior court from making any further order or orders in an action pending before it. The action referred to is numbered 379410 in said court and is entitled: “The People of the State of California, on the relation of U. S. Webb, Attorney-General, v. Paul O. Pate et al.” The complaint was filed on October 18, 1934, and the action was ...
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Over the protest of petitioner, respondent State Board of Equalization has granted a license to the California Avenue Pharmacy at Palo Alto to sell intoxicating liquors. Petitioner contends that such action is illegal and the license void because issued in direct violation of the provisions of section 172a of the Penal Code, which prohibits the sale of intoxicating liquor within one and one-half ...
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This cause was taken over upon petition for rehearing. In our former decision (Cal.) [29 Pac. (2d) 172] we held that a trust deed may legally include a provision authorizing the beneficiary to take possession and collect the rents and profits immediately upon default of the trustor. With that conclusion we are presently satisfied. However, in said decision we also held that none of the provisio...
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The petitioner, Jack D. Green, was jointly charged with John Francis Began, by an indictment in two counts, and they were convicted in the respondent Superior Court of the crimes of murder in the first degree and burglary. The death penalty was imposed on each defendant for his participation in the murder, and on appeal this court affirmed the judgment and orders of the lower court. (People v. Gre...
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This is an original proceeding in rnmdamus to compel the respondent Superior Court in and for the County of Riverside and the respondents Hon. O. K. Morton and Hon. G. R. Freeman, as judges thereof, to vacate and set aside a voluntary order disqualifying, themselves to sit or act in eminent domain proceedings now pending in the respondent Superior Court, entitled “The Metropolitan Water Distri...
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The respondent Marmurowicz was employed as a waiter in the dining room of the Barker Hotel in the city of Los Angeles on August 27, 1933. At this same time a Miss Marshall was employed in the kitchen of said hotel. The latter was stationed at the salad and dessert counter and, among other things, was required to prepare and deliver to the respective waiters the salads and desserts ordered by them ...
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This is an appeal from an order vacating an order denying a petition by a creditor to remove an executrix because she failed to account for all the property of the estate, and allowing a motion to reset the cause for hearing. That part of the order vacating the former order was on the court’s own motion, and the remainder was in reference to respondent’s motion. On December 12, 1929, Claud...
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—Petition for certiorari. Two questions are presented by this record—one of substantive right and the other of procedure. The first is the right of petitioner, as junior mortgagee of certain property, to the rents, issues and profits thereof, in the hands of a receiver appointed at his request in .a foreclosure proceeding begun by him, to which the senior mortgagee was made a pa...
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This action was instituted to quiet title of plaintiff to a certain lot of land situated in the city of Inglewood. The plaintiff prevailed and the defendant has appealed from the judgment in plaintiff’s favor. Plaintiff claims under a city treasurer’s deed executed in pursuance of street improvement proceedings instituted under the improvement act of March 18, 1885. (Stats. "1885, p. 147, and acts...
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Each of the above-named petitioners seeks by review the annulment of an order of the Railroad Commission. In one proceeding before the commission, consumers of Kern Island Canal Company, a public utility, sought to curtail the service of water by the utility to lauds in the Kern River delta region to which its system had been extended. In another proceeding the commission on its own motion...
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This proceeding in mandamus is submitted on a general demurrer to the petition. Prom July 1, 1933, to April 30, 1934, the petitioner was chief of the division of service and supply in the department of finance,' an office created by the legislature in 1931 by an amendment to section 656 of the Political Code. Pursuant to the provisions of that section he was appointed by the governor and his salar...
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This is an appeal from an order denying appellant’s application for costs on appeal, attorney’s fees and alimony pendente lite. Plaintiff brought an action for divorce, and judgment therein was granted on the default of the defendant failing to answer. A property settlement between the parties was agreed upon, and this agreement was incorporated in and made a part of the interlocutory decree of...
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Motion of plaintiff to withdraw the record in this case for the purpose of rearranging and amending the authenticative certificate thereupon on the ground that by inadvertence the' orders appealed from and the papers used on the hearing resulting in said orders are found in the clerk’s transcript instead of the reporter’s transcript. An inspection of the purported clerk’s transcript shows that a n...
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In an information filed by the district In attorney of Los Angeles County the appellant was charged *53with the crime of forgery. He was tried and convicted, and appeals from the order denying his motion for a new trial. The record discloses that appellant and one Frances M. Boon promoted a corporation known as the Hollywood Vogue, Inc. They, with three employees who apparently had no financial in...
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This action was commenced by the plaintiffs to recover from defendant usurious interest alleged to have been paid to it by the corporate plaintiff, and to collect treble, damages therefor. Richard L. North and J. Grover Kelley, prior to the commencement of this action, had been appointed receivers for their coplaintiff, which was insolvent, in an action pending in the United States District Court...
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This appeal, submitted on a clerk’s transcript and appellants’ opening brief, presents moot questions and hence will be dismissed. Plaintiff, having been denied an insurance broker’s renewal license for the period from July 1, 1932, to July 1, 1933, commenced this action against the State Insurance Commissioner and his deputy, to obtain relief under section 633a22 of the Political Code. The prayer...
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Fourteen saddles, nineteen bridles, fifteen saddle blankets, three hackamores, and packing equipment, of a value less than $1,000, were seized from the possession of the defendant under a writ of execution to satisfy a deficiency judgment against him. The defendant moved to *64 discharge said personal property from the levy and seizure on the ground that it was exempt from executio...
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The plaintiff recovered a judgment against the defendants on a promissory note for $9,000 executed and delivered by the defendants to the plaintiff. Prom that judgment the defendant Cyriacks alone appealed. The defendants resisted the action on the plea that the note had been discharged by the application of the proceeds *68 of a sale under a deed of trust given to secure a note for $36,000, ...
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This is a proceeding instituted for the purpose of reviewing the action of the board of governors of The State Bar of California in recommending the. disbarment of petitioner as an attorney at law of this state. The local administrative committee before whom the charges against petitioner were originally heard made its findings that the petitioner had violated section 29 of the State Bar Act by...
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2 Cal. 2d 75 (1934) LLEWELLYN F. MARSH, Petitioner, v. THE STATE BAR OF CALIFORNIA, Respondent. L. A. No. 14832. Supreme Court of California. In Bank. December 18, 1934. Llewellyn F. Marsh, in pro. per., for Petitioner. Philbrick McCoy for Respondent. PRESTON, J. This proceeding was instituted to review an order of the board of governors of The State Bar of California, adopting findings of...
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As indicated by the numbers accompanying the title hereof, two proceedings against the petitioner were presented before two different local administrative committees of The State Bar, the first terminating in a recommendation by" committee number three that petitioner be suspended for a period of one year, which was reduced by the board.of governors to a six months’ period, and the second resultin...
Views: 1
2 Cal.2d 87 (1934) IDA SONDEL, Appellant, v. J. K. ARNOLD, Respondent. L. A. No. 14661. Supreme Court of California. In Bank. December 20, 1934. Henry L. Knoop and David A. Sondel for Appellant. Lazare F. Bernhard for Respondent. WASTE, C.J. This is an appeal by the plaintiff from a judgment quieting the title of the defendant and cross-complainant to certain real property situate in the c...
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The petition for rehearing herein is denied, for the reason that the deceased employee, at the time of his death, was performing duties arising out of a special employment; and that such special employment was distinct from his ordinary activities, in which he was an independent contractor....
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Plaintiffs appeal from a judgment for defendant corporation following an order sustaining, without leave to amend, a general and special demurrer to the second amended complaint. This complaint is in two counts, the first for malicious prosecution of a civil action and the second upon stockholders’ liability for the same cause of action. Count one states a cause of action. Count two is defectiv...
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Plaintiff was the owner of a valuable lot in the city of Pasadena referred to in the record as the Lake *100 Street property. She became acquainted with Arthur Palmer, a real estate agent in said city. The latter induced her to execute to him a general power of attorney. He borrowed $8,000 from the Mortgage Discount Company, giving as security a trust deed upon plaintiff’s said lot...
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2 Cal. 2d 109 (1934) WILLIAM C. WALLACE, Petitioner, v. BOARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA et al., Respondents. S. F. No. 15316. Supreme Court of California. In Bank. December 24, 1934. C. W. White for Petitioner. Earl Warren, District Attorney, Ralph E. Hoyt, Chief Assistant District Attorney, and James H. Oakly and Robert H. McCreary, Deputies District Attorney, for Respondents....
Views: 15
This is an original proceeding for a writ of mandate directed to the defendants as the members of and constituting the Board of Public Works of the City of Los Angeles, requiring defendants to pass upon the sufficiency and form of a certain contract for the improvement of Sepulveda Boulevard from National Boulevard to Venice Boulevard in said city, and to sign and execute said contract on behalf ...
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2 Cal.2d 127 (1934) E. J. LINCOLN, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. L. A. No. 14787. Supreme Court of California. In Bank. December 26, 1934. W. C. Shelton and George W. Burch, Jr., for Petitioner. Everett W. Mattoon, County Counsel, and S. V. O. Prichard, Deputy County Counsel, for Respondents. WASTE, C.J. This is an original proceeding in manda...
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This is a contest of a will. The testator committed suicide April 26, 1932, leaving an holographic will dated February 15, 1932. The said will, in proper form, made gifts of small cash sums to his sisters, and left the balance of the estate to Mrs. Gertrude Dickson. A contest was instituted by the sisters, who alleged that the tes *133 tator lacked testamentary capacity, and had executed the wi...
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The defendant was charged by information in two counts with obtaining money under false pretenses amounting to petty theft, with prior conviction of a felony. He was found guilty by a jury of the offense charged under each count and of the charge of prior conviction. He was sentenced by the court to imprisonment in the state prison at Folsom for the term prescribed by law. The defendant on this...
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This is a proceeding in the nature of quo warranto, challenging the validity of defendant’s position as a member of the board of education of the city of Los Angeles. Defendant was elected June 6, 1933, at an election held within the Los Angeles City High School District, took office, and acted as a member of the board until this action was filed on June 29, 1933. Section 307 of the charter of ...
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This is a petition for a writ of mandate. Plaintiff City of Los Angeles commenced proceedings in condemnation of land owned by Frances A. Wright by filing its complaint March 16, 1926. Subsequently on March 20, 1928, the court found the value of the property as of June 21, 1927, in the sum of $18,153, and entered its interlocutory judgment. On March 8, 1928, prior to the entry of the judgment, as...
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This cause was taken over by this court after decision in the District Court of Appeal, First- Appellate District, Division One, solely because the appeal, so far as research has disclosed, presents for the first time a conviction under section 71 of the Penal Code, which section declares it to be a penal offense, punishable by fine or imprisonment- in the state penitentiary, for a public offic...
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Defendant appeals from a judgment in favor of plaintiff rendered by the trial court upon defendant’s refusal to further plead after a demurrer to the complaint had been overruled. Defendant insists that the demurrer should have been sustained without leave to amend and judgment entered in favor of the state. The action was instituted by the Fullerton Oil Company to regain a portion of the ...
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The above-entitled cases involve the same questions of law. They were argued together and are herein considered together. Petitioners are members of the board of supervisors of Sacramento County. On July 1, 1933, a new charter went into effect in said county, which made provision for salaries of supervisors. Petitioners were incumbents at this time, receiving salaries of $2,000 per year under the ...
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Upon a thorough reading of the evidence and briefs, we are satisfied with the disposition made of this cause by the District Court of Appeal, Second District, Division Two, and we therefore adopt its opinion as and for the decision of this court. It reads: “From a judgment in favor of plaintiff entered on the verdict of a jury, defendant has appealed. “Plaintiff’s last amended complaint claims dam...
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The above-entitled cases all involve identical questions of law, and were consolidated and argued together. They are therefore herein considered together. The petitioner in each case sought a writ of mandate to compel respondent, as auditor of the county of Sacramento, to draw a warrant in his favor as compensation" for services, under sections 4236a, 4236f, 4236c, 4236e and 4236j of the Politi...
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When this cause was first presented to us for our consideration, an opinion was rendered reversing the judgment of the trial court. After the rendition of said opinion, a rehearing was granted for the express purpose of permitting the taking of additional evidence, offered by both the appellant and respondent, in order that final judgment might thereafter be rendered by this court, and the liti...
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This is a proceeding instituted for the purpose of reviewing the action of the board of governors of The State Bar of California in recommending the suspension of petitioner as an attorney at law of this state for the period of one year. On May 25, 1933, local administrative committee No. 2 for the city and county of San Francisco, pursuant to the provisions of the State Bar Act regulating the pra...
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This action is one in unlawful detainer. The property in controversy was under a ninety-nine year lease. The lessees, the defendants and respondents in this action, were in default in the payment of some $30,000 rent besides taxes which they had agreed to pay. The leased premises were a city block in Hollywood on which were located some fifteen dwellings or bungalows occupied by ten or twelve sub...
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2 Cal.2d 227 (1934) THE PEOPLE, Respondent, v. TELLIE McQUATE, Appellant. Crim. No. 3814. Supreme Court of California. In Bank. December 31, 1934. J. A. Donnelly for Appellant. U.S. Webb, Attorney-General, and Seibert L. Sefton, Deputy Attorney- General, for Respondent. CURTIS, J. The defendant pleaded guilty to the charge of murdering one Ella Straw, and the court fixed a day for the taki...
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This appeal, being within the original appellate jurisdiction of the District Court of Appeal, was heard and determined in the District Court of Appeal, Fourth District, Presiding Justice Barnard writing the opinion of that court. On petition for hearing, an order of. transfer was made to this court. In granting the petition for hearing, we were influenced largely by the unusual nature of the o...
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2 Cal.2d 770 (1934) MARY STEWART DAVIS, Appellant, v. BERKELEY SCHOOL DISTRICT OF ALAMEDA COUNTY (a Body Corporate and Politic) et al., Respondents. S. F. No. 15078. Supreme Court of California. In Bank. December 27, 1934. Frank M. Carr and W. W. Laidley for Appellant. Earl Warren, District Attorney, Ralph E. Hoyt, Chief Assistant District Attorney, and Agnes R. Polsdorfer, Deputy District A...
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This is an appeal from an order directing defendant to pay to respondent certain sums for temporary alimony, attorneys' fees and costs in a divorce action. On September 8, 1932, Ludwig Kadello received a decree of divorce from Alma Kadello in Reno, Nevada, upon the ground of desertion, the defendant being served personally in California. On October 7, 1932, Alma Kadello commenced a divorce action ...
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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 5 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 6 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ...
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By this appeal the controller of this state seeks to reverse an order of the superior court in the above-entitled estate. The order complained of reversed in toto a previous order fixing and requiring the payment of an inheritance tax under the Inheritance Tax Act of California (Deering's Gen. Laws, 1931, vol. 3, p. 4709, Act 8443), and further provided for refund of the tax theretofore paid. The ...
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This is an action to recover money paid under a contract after its rescission. Plaintiff on February 11, 1916, contracted to purchase from the predecessor of defendant company, two lots in a subdivision in Martinez, for $1,000, payable in installments. Plaintiff lived some distance away and had never seen the lots. The contract provided that during the life of the agreement the vendor should pay s...
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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 36 This is a proceeding in certiorari to review certain orders of the Superior Court of Santa Clara County entered in a proceeding brought by A.A. Trippel to obtain custody of his two minor children, a boy and girl, aged respectively twelve and ten years, iss...
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THE COURT. On and prior to December 7, 1929, Kirk H. Prindle was a licensed physician and surgeon of this state, practicing his profession in San Mateo County, and having an association with the Church of St. Matthew Mills Memorial Hospital and also with Dr. Chidester, medical superintendent and director of said hospital, which institution will hereafter be referred to as the hospital. Ann H. MacK...
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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 59 THE COURT. Appeal from a judgment for the plaintiff in an action to recover damages for personal injuries sustained in a collision between two automobiles. The plaintiff was riding as a guest in the rear seat of an automobile driven by her brother, the def...
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It appears that petitioner procured a final decree of divorce from her husband, Marshall Hilmer, on August 10, 1932. The custody of the minor child of the parties was awarded to her, and the father of the child was directed to pay $50 a month for the child's support. Contempt proceedings have been necessary from time to time to compel payment of this award. In March, 1933, petitioner moved the res...
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Action to recover damages for personal injuries received by plaintiff on June 11, 1929, about 11:40 P.M., as the result of a collision between the automobile in which she was riding as guest of defendant Pinney, and a city sprinkling truck driven by defendant Rivera. Defendant Rivera was driving the truck easterly on Seventh Street, Los Angeles. Defendant Pinney was driving westerly on said street...
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This litigation revolves around a contract, between the parties, in the following words: "This agreement, made and entered into this 22nd day of March, 1927, by and between R. Lewis of the City of Madera, County of Madera, State of California, and Shell Company of California, a California Corporation. "That for the term, at the rental and upon the conditions, covenants and agreements hereinafter e...
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THE COURT. The question presented by this appeal is whether or not the trial court should have denied a motion to modify a previous order for alimony and support of a minor child in a divorce case. Certain accrued allowances for such purpose were not paid, and the court below further found that the only income of defendant was his monthly salary, which was less than the amount of the monthly allow...
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This is an action for damages for the wrongful death of plaintiff's adult son, resulting from a collision between decedent's motorcycle and the rear end of a wagon loaded with farm implements, being driven by the defendant Angels along a public highway in Merced County. The defendant bank held a chattel mortgage on the wagon *Page 94 and its contents. It was plaintiff's theory, in joining the ban...
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After a re-examination of the authorities applicable to the legal issues involved in this cause, we find ourselves in accord with the opinion of the District Court of Appeal handed down by said court when this action was pending therein. The question concerning which we were in doubt when we granted a hearing herein was whether the appellate court had properly applied the doctrine of proximate cau...
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This action was brought to foreclose a mechanic's lien upon the ranch of defendant Stewart, arising out of the construction by plaintiff of a rice elevator and, in connection therewith, of making additions to his barn. The contest is actually between plaintiff and the appellant bank, a subsequent encumbrancee of the ranch. The case was here on a former appeal from that part of the judgment only wh...
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An award was made by the Industrial Accident Commission in favor of William H. Palms and against his employer, the Atascadero Mill & Lumber Company, and against the petitioner herein, the Employers’ Liability Assurance Corporation, and the Indemnity Insurance Company of North America, as insurance carriers of said employer. The Indemnity Insurance Company had issued to the employer a policy of ...
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By this proceeding petitioners seek to prohibit the respondent court from proceeding to the trial of an action pending therein entitled Bank of America National Trust Savings Assn. v.Reidy et al. Petitioners contend that the issues involved in said action already have been *Page 112 tried and determined in a prior action between the same persons who are parties to the second action. In other wor...
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This is a petition for review of the second order of the respondent Industrial Accident Commission denying the application of the petitioner, Fannette Winthrop, for compensation. The claim for compensation grew out of an operation by which an ovarian cyst or tumor was removed from the abdominal cavity of the petitioner. The tumor had become strangulated by its pedicle or stem having become twisted...
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This is the second review in this matter. A petition for a review of the respondent commission's first order was granted by the District Court of Appeal. The order of the commission denying any compensation to the widow and dependents of the deceased employee was annulled by that court and the application was remanded for further proceedings and findings. (Nielsen v.Industrial Acc. Com., 125 Cal.A...
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THE COURT. This is a proceeding to review an order of the respondent commission denying compensation to the petitioner. In January, 1932, the petitioner applied to the bureau of county welfare of the county of Los Angeles for assistance. After due investigation he was found to be a resident of the county and entitled to the relief sought. His requirements were fixed at $41.60 per month. From that ...
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The original plaintiff died during the pendency of this appeal. His executor has been substituted in his place. All references herein to the plaintiff or appellant are intended to relate to the original plaintiff. Plaintiff brought this action to quiet his title to certain real property situated in the city of Stockton. Defendants answered, and the defendant M.M. McFarland set forth in his answer ...
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Plaintiff appeals from an interlocutory decree of divorce, from an order denying her counsel fees and costs on appeal and support money pending appeal, and from an order denying her motion for a new trial. [1] The latter order is nonappealable and the purported appeal therefrom must therefore be dismissed. The remaining two appeals will be considered presently. The action was instituted by appella...
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This is an appeal from a judgment for the plaintiff in an action to foreclose a mechanic's lien. The claim grew out of the construction of the Covell Hotel in Modesto. The plaintiff was employed by the general contractor to furnish the labor and materials to complete the mason work on the structure. The building was completed and accepted. No question is raised as to the due filing of the claim of...
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Petition for review and annulment of the order of the respondent commission which denied any compensation to the petitioner. *Page 144 The petitioner claims compensation as a dependent widow of Glenn MacArthur, who met his death on April 1, 1932, at Wilmington, California, from injuries sustained while he was employed as a loftman by the respondent Raymond Concrete Pile Company. The respondent Em...
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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 154 THE COURT. Plaintiff is a corporation organized under the laws of this state. It is the owner of the Clearing House Mine situated in Mariposa County some considerable distance from the city of Merced, where the principal place of business of the company i...
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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 168 Defendant appeals from a judgment of conviction carrying the extreme penalty and from orders respectively denying motions for new trial and in arrest of judgment. We have exhaustively examined the record in this case and unhesitatingly declare that the ev...
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The defendants herein, Z.R. Sistrunk and his wife, Cora Sistrunk, have appealed from a judgment decreeing that the agreement, whereby the plaintiff had agreed to sell to the defendants the lands described in the complaint, be canceled; that plaintiff be restored to the full possession thereof and the defendants be ejected and enjoined from asserting or claiming any right, title or interest therein...
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Action for an accounting upon sale of land by a surviving trustee pursuant to the provisions of a deed of trust. Plaintiff alleged that the money received by defendant trustee at the time of sale was $15,000 in excess of the sum required to discharge the indebtedness under the trust deed, together with advancements and expenses, including costs of sale. Defendant answered, alleging that he sold t...
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In this action the trial court, sitting without a jury, found that the injury for which plaintiff sought to recover damages was proximately caused by her negligence and failure to exercise ordinary care for her own safety. Plaintiff struck her head with great violence against a projecting rafter of defendant's garage, which rafter she failed to observe, and thereby sustained injuries to her neck a...
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This appeal involves the ownership of property not exceeding in value the sum of $150. *194 •Sam Gordon was the owner of a lot in the city of Napa upon which a one-story trade building was erected. Jack Fortney was a month-to-month tenant. During his occupancy for a period of something like a year, he covered the front area of the store with linoleum, amounting to fifty-two square yards, whic...
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THE COURT. This action was commenced by plaintiff for declaratory relief involving its asserted rights under a contract with defendant and, as incidental to that relief, for a money judgment in the sum of $15,664.50. Judgment was rendered in plaintiff's favor and the defendant prosecutes this appeal therefrom. On February 21, 1924, the parties to this litigation entered into a contract whereby 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 205 THE COURT. Plaintiff brings this action for personal injuries alleged to have been suffered by him while working for the Pacific Gas Electric Company as the proximate result of the negligence of the defendant Dean Wilson, who at the time of the accident ...
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THE COURT. A hearing was granted in this case, after decision by the District Court of Appeal, Second Appellate District, Division Two, in order to give full consideration to the contention of appellant Dulin that the verdict as to him was contrary to the evidence. Upon a careful examination of the whole record, we have reached the conclusion that the evidence was sufficient to sustain the verdict...
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This is an action by the father of a minor to recover for the wrongful death of said minor. The deceased, a child nine years of age, was a guest in an automobile driven by defendant, his uncle. The accident occurred on May 17, 1931. At that time section 141 3/4 of the California Vehicle Act provided that an action based upon injuries or death of a guest in a motor vehicle could be maintained upon ...
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THE COURT. This is an action to enjoin an execution sale. H.M. Kurtz made a promissory note to plaintiffs and appellants for $1700, and to secure payment executed on May 18, 1932, a chattel mortgage on certain automobiles, among them the Buick sedan involved in this action. The mortgage was recorded in Yolo County, where the property was situated, on May 27, 1932. On May 28, 1932, a certified copy...
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THE COURT. Plaintiffs bring this action on behalf of Eureka Fishermen's Union, an unincorporated association of commercial fishermen comprising about 150 members, against respondents as members and deputies of the California Fish and Game Commission, to restrain them from enforcing the provisions of Penal Code section 634, as amended in 1931. The lower court gave judgment for defendant. The facts ...
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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 238 [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 T...
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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 that the opinion of Mr. Justice pro tem. Dooling properly disposes of the issue, and we therefore adopt said opinion as the opinion of this court. It reads as follows: "The petitioner seeks by certiorari to have annulled ...
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THE COURT. We hereby adopt the following portions of our former opinion as a statement of the facts and issues presented in this case: "This appeal is from a judgment in favor of plaintiffs declaring that a contract employing the defendant Edwin P. Stoll was terminated by the incompetency of his father and employer, John T. Stoll, and restraining the defendant Edwin P. Stoll from interfering with ...
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Respondent, plaintiff below, to secure the fruits of a rescission in pais on a contract to purchase shares of stock of the appellant corporation, sued the said corporation and its stock sales manager, J.G. Tavares, for the sum of $6,000, representing the value of securities exchanged by respondent for said stock, which transaction was alleged to have been induced by fraudulent representations. The...
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The plaintiff, a co-operative marketing corporation, organized under the laws of California for the purpose of securing the benefits of the Federal Agricultural Marketing Act, caused to be grouped together in the year 1930, a large percentage of the grape acreage of California, by securing the signatures of the owners of such acreage to a uniform marketing agreement constituting it their selling 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 284 This is an appeal by the defendants, upon the judgment-roll and a bill of exceptions, from the final judgment in favor of the plaintiff, in an action at law to recover a deficiency judgment in the sum of $28,474.83, claimed to be the balance due the plain...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 297 THE COURT. A rehearing was granted in this case to give further consideration to two points discussed in our former opinion. The first point has to do with the proper interpretation of the case of Joerger v. Mt. Shasta Power Corp., 214 Cal. 630 [7 P.2d 70...
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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 316 The county of San Mateo, acting under the authority of section 7 1/2 of article XI of the Constitution of this state, framed a charter for its own government, which was approved by the legislature at its session in 1933. By this charter the office of coun...
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J.E. Oliver, the surviving husband of Harriet A. Oliver, deceased, brought this action to partition *Page 329 certain real property in San Joaquin County owned in part by the deceased wife in her lifetime. An interlocutory decree was entered which determined the right of the respective parties and ordered partition as follows: One-fourth interest to J.E. Oliver; one-fourth interest to Charles Elm...
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THE COURT. Defendants Gouverneur Morris and Ruth J. Wightman Morris, his wife, appeal from a judgment decreeing foreclosure of mechanics' and materialmen's lien on property in the city of Monterey, this state, record title to which stands in the name of Mrs. Morris. By said judgment the court decreed that defendants were indebted to plaintiffs S.H. Hooke and W.E. Hooke, building contractors, in 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 342 The petitioner, as state director of finance, seeks a writ of mandate to compel the respondent state controller to audit and approve six demands transferring certain amounts from the emergency fund to the funds of the departments in whose favor the demand...
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This is an appeal from a judgment based upon an order striking out the answer of the appellant on *Page 363 the ground that the same was sham and irrelevant and granting plaintiff's motion for judgment on the pleadings. The action was to foreclose a mortgage given to secure a promissory note executed by the appellant, the Fraternal Finance Company, in the sum of $100,000, no part of which has bee...
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Motion to dismiss the appeal or affirm the judgment (the third directed to the same point), made by respondents, on the ground that the appellants have not met the requirements of section 953c of the Code of Civil Procedure, which requires the parties to an appeal to “print in their briefs, or in a supplement thereto, such portions of the record as they desire to call to the attention of-the cour...
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[1] The legal question presented by this appeal is: May a municipality, which is the owner in fee of land acquired without restrictions, and set aside for park purposes, devote a portion of the land to public use as a street? Certain findings of the trial court, relating to an opposition to such action by taxpayers and abutting property owners affected by the proposed change of use, have no bearin...
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THE COURT. This is a motion to dismiss an appeal from an order nonsuiting the appellants in a contest of will before probate. The proponents of the will contend that the order is nonappealable in that it is not designated in section 1240 of the Probate Code as one of the probate orders from which an appeal will lie. In opposition thereto the contestants urge that a will contest is "primarily in th...
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Defendant appeals from a money judgment entered in favor of plaintiff. The cause went to trial on an agreed statement of facts which may be summarized as follows: At all times material to this action Gordon L. Eby and Lewis H. Homer were attorneys-in-fact for the Indemnity Insurance Company of North America, which for brevity we will refer to as the Indemnity Company, and each was authorized to ex...
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The determination of this appeal rests upon our consideration of the main issue presented, to wit: Whether covenants in restraint of trade, contained in the contract which forms the basis of this action, render said contract illegal and void, in whole or in part, under sections 1673, 1674 and 1675 of the Civil Code. Section 1673, supra, declares that "Every contract by which anyone is restrained f...
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This is an appeal by the defendants from a judgment foreclosing a mortgage on real property. It is first urged that the trial court erred in denying defendants’ motion for a continuance of the trial. This motion was supported by an affidavit of defendants’ counsel to the effect that the principal office of the defendant corporation was in the city of Newark, New Jersey, and that the president o...
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The defendant was prosecuted for the murder of his wife, Sally Shorten. From a judgment imposing the death penalty and from an order denying his motion for a new trial the defendant appeals. The defendant and his wife, the deceased, with two children, formerly resided at Port Arthur, Texas. The wife with the children removed to Los Angeles in August, 1931. The defendant followed them in December o...
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THE COURT. After a further consideration of the questions involved in this proceeding, we find ourselves in accord with the conclusions reached by the District Court of Appeal in its opinion rendered therein and written by Mr. Presiding Justice Conrey. We have therefore incorporated the major portion of said opinion in our opinion, indicating the same by quotation marks, and have followed it with ...
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Appeal from an order denying a motion to vacate an interlocutory decree of divorce. The appellant commenced an action against the respondent for divorce. She alleged in her complaint that there was certain community property, both real and personal. The respondent filed an answer and a cross-complaint in the divorce action, and also instituted an action against the appellant for partition of the r...
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Cross-appeals from a judgment for the plaintiff in an action for damages for breach of contract. On April 1, 1930, the parties entered into a written agreement for the sale and delivery by the plaintiff to the defendant of approximately eighty gallons of milk daily f.o.b. Fresno. The defendant agreed to pay for butter fat content of the milk at eighty-five cents per pound for all milk less two cen...
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THE COURT. This is an original proceeding in mandamus to compel the respondent Superior Court to entertain jurisdiction and to proceed with the hearing of a petition for removal of the respondent Lowell L. Middlecoff as trustee, and to settle his account. In 1909 and 1910 judgments in two partition proceedings were entered in the Superior Court in and for the County of Los Angeles, wherein W.W. Mi...
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Petitioners, the Southern California Edison Company, Ltd., a corporation, and the San Joaquin Eastern Railroad Company, a corporation, filed herein their petition asking for an alternative writ of mandate requiring respondent, the State Board of Equalization, to grant certain credit on future payment of taxes to become due from petitioners, and to issue the certificate to the State Board of Contr...
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Action to quiet title to a 40-acre tract of land in Glenn County, upon which a pumping plant and well are situated. In 1908, the plaintiff Moniz and one Pimental, predecessor in interest of defendant Peterman, and one Fulton, as partners in a dairy business in Glenn County, purchased a tract of land consisting of 130 acres from David Hughes, situated in the north half of section 3, township 19 nor...
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The record shows an action by plaintiffs Swarzwald and a cross-action by defendant Cooley, both in form to quiet title and to locate the oceanward extremity of a common boundary line. The bank and the other defendants are only nominally interested in the result of this litigation, the former being the trustee and the latter beneficiaries under a real estate subdivision trust, of which the lands in...
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Defendants appeal on the judgment-roll from a judgment entered in favor of the plaintiff. The action was instituted to recover money damages for injuries incurred as the result of a collision between plaintiff's bicycle and an automobile operated by the defendant Henry W. Hand with the knowledge and consent of the defendant-owner, Dora B. Hand, his wife. It is not contended that the car at the tim...
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THE COURT. A hearing was granted in this case after decision by the District Court of Appeal, Second Appellate District, Division Two. We hereby adopt the following statement of facts and review of the evidence by Mr. Justice pro tem. Archbald as part of the opinion of this court: "Appeal by defendants from a judgment against them for one-half of certain commissions and profits earned by them in e...
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THE COURT. Appeal from a judgment entered on a jury's verdict for the plaintiff in an action to recover damages for personal injuries. On August 28, 1933, the plaintiff was employed by Grunewald Tudor, who were under contract to do excavating work at 114th Street and Budlong Avenue in the city of Los Angeles. The defendant, B.W. Belyea, who conducted a trucking business, was engaged by Grunewald ...
Views: 15
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 472 THE COURT. This is a proceeding to review an order of the railroad commission requiring the petitioners to cease their operations as carriers of freight by motor truck between Los Angeles and the San Francisco bay region and intermediate points unless 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 478 THE COURT. Plaintiff Lillian E. Evans owned real property in the city of San Diego which was found by the court to be of the reasonable value of $31,500, and was subject to encumbrances in the amount of $15,500. She was induced to exchange said real prope...
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The defendant United Credit and Collection Company has appealed from a judgment quieting the title of the plaintiffs Romualdo and Caterina Lucci to the premises in dispute free and clear of all encumbrances, except a mortgage held by the San Francisco Bank as security for the payment of a note in the sum of $2,500; decreeing *Page 494 that the defendant has no right, title, interest, claim or lie...
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Defendant, during the years 1923, 1924 and 1925, was engaged in the manufacture and sale of household fixtures and hardware, with home office at Milwaukee, Wisconsin, and plaintiff was sales manager for its western division, or San Francisco branch, under contract to receive a stipulated monthly compensation, plus ten per cent of the net profits of the branch, payable at the end of each year. In ...
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Appeal from order and decree of final distribution, finding the entire estate of Hannah Cronvall, deceased, to be community property and distributing it to respondent Alfred Cronvall, the husband of said decedent and administrator of her estate, thus overruling the objections of appellants, two surviving nieces, who seek to share in the distribution of said estate as separate property of decedent...
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Action by plaintiff, Helen Kemp, to quiet her title to certain land located in Los Angeles County. Defendant answered alleging that he had an interest in said property by virtue of a sheriff’s certificate of sale issued to him pursuant to execution and sale regularly made by said sheriff upon a judgment for costs rendered in defendant’s favor in a will contest entitled: In re the Estate of Ma Rh...
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Motion to dismiss the appeal or affirm the judgment. The appeal is from a judgment for the plaintiffs in an action to quiet their title to certain real property in Alameda County. *Page 509 The plaintiffs based their claim of title on a deed to said property executed and delivered to the plaintiff, Walter Vinzant Allen, by Artee Allen McCrary in October, 1926. Artee Allen McCrary died in October,...
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Appellant was convicted of murder in the first degree and sentenced to suffer the death penalty. He appeals from the judgment of conviction and order denying his motion for new trial. The record is singularly free from error and the appeal presents no ground for reversal of the judgment. [1] Evidence was offered by the prosecution to prove that the murder was deliberate, premeditated and accomplis...
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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 517 This cause was taken over after decision in the District Court of Appeal, First District, Division Two, in order that we might more fully consider certain assignments of alleged error on the part of the trial judge in his conduct of the case. Upon an exam...
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This appeal by defendant from judgment for plaintiff, submitted on motion to dismiss appeal or affirm judgment, presents the main question of sufficiency of the evidence to support the conclusions of the court below. On September 26, 1931, plaintiff and defendant, then husband and wife, executed a property settlement agreement, dividing equally their entire community estate and further providin...
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In this, a judgment-roll appeal by defendants in an action to foreclose a chattel mortgage, they seek to show a lack of jurisdiction in the Superior Court of Los Angeles to enter the decree of foreclosure because at the time the decree was rendered in the action, the sum due was one over which the municipal court alone had jurisdiction. This claim seems to be entirely without merit. The facts nece...
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The appeals by the appellants Brown are from judgments in the consolidated cases above entitled and are presented on one record. The appellants Brown in 1923 applied to Guaranty Mortgage Company of California for and received a loan, the proceeds of which were used in completing the construction of a certain building. Two notes were given to evidence the loan, one for $90,000 and the other for $95...
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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 537 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 538 The plaintiff above named is the owner of unimproved lot No. 22 in block 15, tract No. 8235, in Los Angeles Co...
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A rehearing was granted herein because we entertained a doubt concerning whether the order hereinafter mentioned dismissing the action was in fact void. For reasons hereinafter stated we have concluded that it is unnecessary to determine that question. This action, instituted August 2, 1929, was at issue and on for trial on April 29, 1930. It involves a money demand for $1346.08.[1] At the time 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 550 THE COURT. A rehearing was granted in this case in order to give fuller consideration to the difficult questions of constitutionality and statutory construction involved. Upon such consideration, we adhere to and adopt the following part of our former opi...
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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 568 THE COURT. A hearing was granted in this case in order to give further consideration to the question whether the statute imposes a mandatory duty to levy a tax sufficient to cover past due principal and interest on the bonds as well as that to become due ...
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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 580 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 581 The petitioner, Joint Highway District No. 13, hereinafter referred to as the "District", was formed in 1928 b...
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Defendants were charged with the crime of assault with a deadly weapon. The jury returned a verdict against defendant Hanson of guilty of the offense charged, and against defendant Tillotson, a verdict of guilty of simple assault. Defendant Hanson appeals from the resulting judgment of conviction and from the order denying his motion for a new trial, contending that the record establishes no more ...
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THE COURT. A hearing was granted in this case to enable us to consider more at length the points made on the respective appeals. After such re-examination we are satisfied with the conclusions reached by the District Court *Page 593 of Appeal and adopt the opinion prepared by Mr. Justice Sturtevant of the First District, Division Two, as the opinion of this court. It is as follows: "While riding ...
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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 603 THE COURT. Upon consideration of this appeal, we hereby adopt as the opinion of this court herein, the following opinion heretofore prepared by Mr. Presiding Justice Conrey for the honorable District Court of Appeal, Second Appellate District, Division On...
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The principal question presented on this appeal may be stated as follows: In a suit by one partner against another, after dissolution of the partnership, upon his individual promissory note, may the defendant partner, in order to diminish or defeat plaintiff's recovery, set up by way of counterclaim a cause of action for an accounting for money of the dissolved partnership collected by the plainti...
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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 622 We hereby adopt as part of this opinion the following language from the opinion prepared by Mr. Justice Thompson, heretofore rendered herein by the honorable District Court of Appeal for the Third Appellate District: "The defendant Pierre d'A Philippo was...
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This appeal presents the single question as to whether plaintiff Rice or defendant Pacific Bond and Mortgage Company has the prior lien upon a residence lot, and improvements thereon, at 101 Cambridge Avenue, San Leandro, California. Admittedly defendant Taylor was indebted to both these parties and was the record owner of said lot. On October 15, 1925, an encumbrance of some $4,000 existed on sai...
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This proceeding was instituted to annul an award of the Industrial Accident Commission in favor of *Page 639 Lillia E. Winkler, the surviving widow of Mark A. Winkler, who met his death while operating a Diesel gasoline power shovel owned by the Mono Construction Company, which at the time of Winkler's injury was rented to the Department of Water and Power of the City of Los Angeles under a writt...
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This is a companion case to that of Department of Water andPower v. Industrial Acc. Com., No. 14455, this day decided (ante, p. 638 [32 P.2d 354]). The petitioner herein, the National Automobile Insurance Company, was found by the Industrial Accident Commission to be the insurance carrier of the Mono Construction Company, at the time the employee, Winkler, met his death while operating a gasoline ...
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THE COURT. A hearing was granted in this case, on petitions of both plaintiff and defendant Archer, after decision by the District Court of Appeal, Fourth Appellate District. We now adopt, as part of our decision, the following portions of the opinion rendered therein by Mr. Justice pro tem. Morton. "Plaintiff, an elderly woman, without business experience, and of very limited schooling and educat...
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In October, 1913, D. W. Cozad recovered a judgment against defendant Raisch Improvement Company in the sum of $5,898.95 and costs, which judgment was affirmed on appeal. Fidelity and Deposit Company of Maryland had issued a policy of employer’s liability insurance in favor of said defendant in the sum of $5,000, and hence was liable in that amount. The said insurance company also executed an unde...
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I dissent. It is admittedly true: That the plaintiff, a private corporation, is the beneficial owner of the entire Edison Building; that the portion of the building leased to the Edison Company on a 15-year lease from 1918 to 1933, constitutes but 43.27 per cent of the whole building; that for three tax years (1927, 1928 and 1929) the holder of the legal title returned the entire building to the a...
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THE COURT. A hearing was granted in this case after decision by the District Court of Appeal, Third Appellate District. Upon a full consideration of the cause, we are satisfied that the opinion of Mr. Justice Plummer properly disposes of the issues, and we hereby adopt it as the opinion of this court. It reads as follows: "In this proceeding the petitioners seek a writ of mandate from this court d...
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THE COURT. On June 15, 1932, the petitioner was served with an order to show cause in disciplinary proceedings before the local administrative committee of The State Bar for Santa Barbara County. The order contained six charges on account of matters hereinafter discussed. The local committee found true the facts alleged in five out of the six charges, or counts, as they have been termed, and recom...
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Application is made for a review of the-action of the board of governors of The State Bar of California in recommending the suspension of the petitioner from the practice of the law for a period of two years. On October 20, 1932, Frank E. Kilpatrick and Booth B. Goodman, his partner in the practice of law in Oakland, were served with a notice to appear before Local Administrative Committee No, ...
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THE COURT. Application for writ to review the findings of the board of governors of the The State Bar and the recommendation based thereon that petitioner be suspended from the practice of the law for six months for a violation of rule 3 of the Rules of Professional Conduct of The State Bar of California. Rule 3 provides that a member of The State Bar "shall not employ another to solicit or obtain...
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This action was brought by the plaintiffs to recover damages for fraudulent representations made by defendants as to the boundaries of a lot which the defendants conveyed to the plaintiffs in exchange for property owned by the plaintiffs. Plaintiffs and defendants entered into negotiations for the exchange of respective properties owned by each. The property of defendants consisted of lot 49 of tr...
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This cause, submitted upon motion of plaintiffs to dismiss defendants’ appeal or to affirm the judgment, may be disposed of by a brief discussion leading to adoption of the latter course. The word “plaintiff” will refer to plaintiff Hamer, the coplaintiff being his assignee of a part interest in the cause. The word “defendant” will refer to the defendant J. Warren MacClatchie. About July 9, 192...
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The plaintiff sued the defendant for a divorce on the ground of desertion. The complaint alleged that the community property consisted of furniture of the value of about $100 and shares of stock in the Cities Service Company of about $250 in value. The defendant answered denying the desertion, putting in issue the question of the extent of the community property, and filed a cross-complaint for se...
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The petitioner was found guilty by the railroad commission of a violation of an order of the commission and was ordered punished by a fine of five hundred dollars and by five days imprisonment in the county jail of Los Angeles County. It was further ordered that in case of default in payment of the fine the petitioner be committed to said county jail until the fine be paid or satisfied in the prop...
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Appeal from a judgment entered on an order sustaining a demurrer to the plaintiff's complaint without leave to amend. From the complaint it appears that in March, 1928, the plaintiff sued the defendant for divorce on the ground of extreme cruelty; that the parties entered into a property settlement agreement including an agreement for the plaintiff's custody of the seven year old son of the partie...
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This judgment-roll appeal by plaintiff from judgment for defendants, in an action to declare the right of possession of certain real property occupied by plaintiff and his wife, has been submitted on motion to dismiss the appeal or affirm the judgment. The several contentions of appellant appear to be entirely without merit. The word "defendant" will be used to refer to defendant and cross-complai...
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Appeal by plaintiff from judgment for defendants entered on order sustaining, without leave to amend, their demurrer to plaintiff's amended complaint. The action is one to set aside a judgment on grounds of fraud and conspiracy. Although the amended complaint is voluminous in detail, a brief statement should suffice to *Page 740 show that the ruling of the court below was entirely correct, as the...
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Appeal by plaintiff from judgment entered upon order sustaining, without leave to amend, demurrer of defendants to the first and third causes of action stated in plaintiff's amended complaint for declaratory relief, for an accounting, for salary, damages and other and further relief. The complaint is predicated upon, and pleads in haec verba, a written agreement executed September 16, 1931, by pla...
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Plaintiffs, a judgment creditor and two stockholders of defendant corporation, filed herein their *Page 747 complaint, in the nature of a general creditors' bill, setting forth a resume of the financial condition of said corporation; alleging that while its assets exceeded its known liabilities, said assets were not marketable and the liabilities were subject to increase; that current liabilities...
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Plaintiff brought this action to quiet its title to certain real property situate in the county of Butte. The defendant, by way of answer and cross-complaint, set up an interest in the property under a two-year lease by the terms and provisions of which he was given the right to mine for and extract minerals from the property. He prayed that plaintiff take nothing by its action and that the terms ...
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By this application for writ of mandate petitioners seek to ascertain the validity of the recent amendment to section 595 of the Code of Civil Procedure (Stats. 1933, p. 1873), which, so far as here material, provides: "In all cases, the court shall postpone a trial, or the hearing of any motion or demurrer, for a period not to exceed thirty days, when all attorneys of record of parties who have a...
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This is an appeal by the plaintiffs from a judgment in favor of the defendants Edwin and Harriett Jones. The action was brought to quiet the title of the plaintiffs in and to the right to a one per cent of the production under an oil lease executed by the owners of lots 12 and 13 in block A of Mountain Meadows tract in the county of Los Angeles. The plaintiffs sued in their representative capac...
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Petitioner seeks a peremptory writ of mandate commanding respondent, as Registrar of Voters of the City and County of San Francisco, State of California, to omit from the proceedings leading up to the primary election to be held August 28, 1934, all referencé to the office of judge of the Superior Court of the State of California in and for the City and County of San Francisco, designated as offi...
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This is an appeal from a judgment for the plaintiff in an action to rescind and cancel a contract entered into between the parties in October, 1929, for the purchase by the plaintiff of a certain lot in the city of Los Angeles for the sum of $5,700. The claim for cancellation was based on alleged fraudulent representations of the defendant. A copy of the contract is annexed to the complaint as an ...
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This is a proceeding to review an order of the respondent commission denying disability indemnity and *768a death benefit to the petitioners as surviving widow and daughter of Charles H. Daugherty, deceased. Daugherty was employed as a helper at an oil-well plant in Long Beach. On August 24, 1931, in the course of his employment, he was descending a stairway when within a step or two from the bott...
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Plaintiffs instituted this action to recover damages alleged to have been suffered by them as the result of the fraudulent acts of the defendants who, as directors of the defendant Automatic Electrical Machine Company, a foreign corporation doing business in this state, are asserted to have conspired to cause, and actually did cause, the transfer of the entire corporate assets to one of their numb...
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MEMORANDUM CASES. THE COURT. A hearing was granted in this case after decision by the District Court of Appeal, Second Appellate District, Division Two. For the reasons expressed by us in People v. Talbot et al., Crim. No. 3668 (ante, p. 3 [28 P.2d 1057]), we adopt the opinion of Mr. Justice pro tem. Archbald of said District Court of Appeal as the opinion of this court...
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THE COURT. Appeal from a judgment in an action for ejectment after attempted cancellation of an installment contract *Page 780 for the purchase of realty. [1] The record in this case, except for the amounts of the purchase price, the payments made and damages claimed, is practically identical with the record inNevada Land Investment Corporation v. Sistrunk, Sac. No. 4809 (ante, p. 174 [30 P.2d 3...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 639 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 640 Judgment herein went for plaintiff quieting her title to the lots in suit. The petition of defendants for a re...
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On January 22, 1932, plaintiff became the owner of certain real property encumbered by a deed of trust given to secure a five-year promissory note executed October 14, 1927, in the principal sum of $30,000. No payment *Page 658 was made of the installment of taxes due on the property in December, 1931, and interest payments for that month and for January, 1932, were also in arrears. Defendants th...
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Petitioner requests that this court exercise its inherent power and admit him to the practice of the *Page 662 law in all the courts of this state. The State Bar of California opposes the extension of this privilege to the petitioner and by way of return to the order to show cause heretofore issued presents a record which indicates that petitioner fails to possess the essential prerequisites of a...
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This court denied an application of the petitioners, Albert W. Hamilton and W. Alonzo Reynolds, Jr., for a writ of mandate to require the Regents of the University of California to re-admit them to the University of California at Los Angeles as students, they having been suspended from the university by reason of their failure and refusal to pursue therein certain compulsory courses in military tr...
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This is an appeal from a judgment quieting title against the claims of plaintiff and appellant to the property of the estate of Charles Locke Paddon, deceased. Inasmuch as four persons who are to be mentioned herein bear the surname of Locke Paddon, it is well to emphasize, as an aid to clarity, that appellant Una Margaret Locke Paddon is the divorced wife of plaintiff, William Locke Paddon. Her ...
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This appeal is from an order overruling objections to and settling the first annual account of the guardian of the incompetent. The incompetent is a disabled veteran of the World War. He was committed to the Napa State Hospital for treatment on June 30, 1927, where he is now an inmate. At the date of his commitment he had no estate or means of support. Subsequently he became entitled to and receiv...
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By this proceeding in certiorari, it is sought to annul the award of the respondent commission, allowing Edward A. Wellendorf compensation for an industrial injury. The controlling question is whether the claim is barred by section 11 (c) of the Workmen's Compensation, Insurance and Safety Act (Deering's Gen. Laws, 1931, p. 2285), which section reads as follows: "The payment of compensation, or an...
Views: 13
On October 6, 1930, the plaintiff, Max Baer, entered into a contract with the defendants, wherein he agreed to place himself under the management of defendants and to take part in all boxing contests, vaudeville and theatrical performances required by the defendants and arranged by them. It was further agreed that defendants engaged "the sole professional services" of plaintiff for such contests a...
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This is an action in ejectment. The plaintiff claims title to the real property involved through a trust deed executed by defendant Hall and wife; a trustee's deed under proceedings foreclosing said trust deed; and a deed from the purchaser at the foreclosure sale. The defendants are Hall, the original owner of said real property, and Hambly, who derived whatever interest he had in said real prope...
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Acting under the provisions of the Building and Loan Association Act (Stats. 1931, p. 483), the respondent Building and Loan Commissioner of this state assumed possession and control of the property, business and assets of the appellant North American Building-Loan Association. Thereafter, and pursuant to section 13.12 of *Page 686 the act, the appellant instituted the present action in the super...
Views: 4
THE COURT. This is a motion to set aside an order vacating an order granting a hearing in this court, after decision in the District Court of Appeal. Plaintiffs had judgment in the lower court, and upon appeal by defendants, the judgment was reversed by the District Court of Appeal. The plaintiffs petitioned for hearing, and an order granting a hearing was made on August 14, 1933, signed by four j...
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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 692 Defendant D.S. Smith appeals from a judgment of the Superior Court of the City and County of San Francisco awarding plaintiff George C. Todhunter $500 as damages for personal injuries suffered by plaintiff by reason of an automobile truck which he was dri...
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THE COURT. Petitioner seeks to be admitted on motion, and without examination, to the practice of the law in all the courts of this state. The committee of bar examiners and The State Bar do not presently question petitioner's moral or educational fitness to enter the profession, but have concluded that, under the rules governing admission on motion, they are without jurisdiction to move his admis...
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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 701 THE COURT. On application to the District Court of Appeal the award of the Industrial Accident Commission involved herein was affirmed, but by a divided court. We granted a petition to have the cause transferred to this court that we might give the majori...
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This is a proceeding to review the action of the Industrial Accident Commission in making its findings and award against the petitioners and discharging the defendant Hormel and Company and its insurance carrier, the Globe Indemnity Company, from all liability by reason of the claims asserted. Petitioners are the widow and minor stepson of Harry P. Leffert, a salesman in the employ *Page 711 of t...
Views: 9
Defendant Katherine Bragg appeals from a judgment of the Superior Court of San Mateo County, which decreed the cancellation of certain deeds conveying to her a joint tenancy interest in described real property in the county of San Mateo, and quieted title thereto in plaintiff George H. Bragg, Sr. The action for cancellation of said deeds was consolidated for trial with a divorce action filed again...
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This is an appeal from a judgment in favor of defendant following an order sustaining defendant's demurrer to plaintiff's amended complaint without leave to amend. It is alleged in the amended complaint that on January 7, 1924, while the parties were husband and wife, but living separate and apart, they entered into an agreement settling their property rights, and that subsequently, on November 24...
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By an information filed by the district attorney of Contra Costa County the defendant was charged with the crime of murder, to which he interposed a plea of not guilty and also a plea of not guilty by reason of insanity. In three additional counts the defendant was charged with three prior convictions – one of forgery and two of burglary, to which he pleaded that he had been convicted as alleged. ...
Views: 16
THE COURT. The question here presented is: [1] If a woman goes through a marriage ceremony with another man after interlocutory decree but before securing a final decree of divorce from her husband, is she thereafter entitled to judgment pursuant to Civil Code, section 80, declaring such attempted marriage void, notwithstanding the fact that she had received a copy of the interlocutory decree, cle...
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This is an appeal by the petitioner from a judgment of the superior court in a certiorari proceeding affirming an order of the municipal court denying a motion to quash an execution. In October, 1931, a judgment for $1117.35 was rendered in the Municipal Court of the City of Los Angeles against the petitioner and in favor of one Shane. In March, 1932, Shane filed an abstract of said judgment in th...
Views: 9
THE COURT. Barney McCabe died in the city and county of San Francisco on October 21, 1931. On November 12, 1931, two documents were admitted to probate as the last will and testament of said decedent. On April 28, 1932, the State of California, through its attorney-general, filed a contest of said documents on the ground that they did not in fact constitute a will nor, if they did, were they execu...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 747 THE COURT. Two appeals by the plaintiff are presented. The first is from a judgment confirming the title of the parties in and to certain property adjacent to San Antonio Estuary in Oakland Harbor; and the second is from an order fixing the amount to be p...
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On August 8, 1932, Stanley P. Nolan, a member of The State Bar of California, was, after preliminary investigation, notified by local administrative committee No. 3, for the city and county of San Francisco, State Bar of California, to appear before that body on August 18, 1932, to then and there show cause why he should not be disciplined for professional misconduct and for violation of his oath...
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This action was instituted by the plaintiff against the City of Gilroy upon a claim assigned to him by Charles E. Sloan to recover for services as an engineer, alleged to have been performed by Sloan for said city in connection with certain street improvements which the City of Gilroy planned to construct in said city. There is no *Page 768 conflict in the evidence as to the rendition of the serv...
Views: 7
Action to quiet title. The suit was instituted by plaintiff to quiet title to a narrow strip of real property located on the north side of Geary Street between Kearny Street and Grant Avenue in San Francisco, having a frontage of 9 1/4 inches on Geary Street and a depth of 122 feet 6 inches. Defendant's answer contained the usual formal denials, and in addition contained a second count in the alte...
Views: 9
THE COURT. This is an appeal from a judgment decreeing specific performance of a contract for the purchase and sale of a parcel of real property, together with the improvements thereon. The plaintiff is the vendor and defendant W.K. Davis is the vendee. Judgment was rendered in favor of defendant Emelie Davis and, inasmuch as plaintiff does not appeal, her rights are no longer involved. The facts ...
Views: 7

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