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All Reporters → cal-lexis → Volume 1938

Opinions in cal-lexis Volume 1938

This is a proceeding to review a recommendation of the Board of Governors of the State Bar that petitioner, George C. W. Egan, be disbarred. The local administrative committee which heard the charges against him recommended suspension for one year. The examiner who conducted the hearing before the local committee filed a statement, in opposition to the recommendation of the committee, wherein he ...
Views: 13
The appeal herein was dismissed by the District Court of Appeal of the Second District, Division Two, for failure of appellant’s opening brief to comply with certain requirements of rule VIII. A petition for hearing in this court was granted because of what appeared to be a too technical application of the rule. After the order of transfer was made the rule was amended in such manner as no long...
Views: 11
This appeal presents for review an order of the superior court denying a motion of the plaintiff to enter judgment against the sureties upon an undertaking given to stay the execution of a judgment directing the payment of money. The question for decision is whether the statute of limitations runs in favor of the sureties in such a case, and if so, what period of time is to be applied. The plai...
Views: 7
This is a controversy based upon allegations that personal property upon which execution had been levied under a justice’s court judgment for $229.80 was the property of the judgment debtor, notwithstanding a verified third party claim thereto by the other defendant, because a transfer or pledge thereof as security, claimed by defendants to have been made more than seven months before the levy, w...
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Plaintiff was a guest passenger in an automobile as it was being driven across a street intersection on its right side of the street, at a lawful rate of speed and in response to a mechanical “Go” signal. In the middle of the intersection a police automobile of defendant municipal corporation, operated upon authorized emergency business, traveling at a high rate of speed and disregarding the traff...
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Western Machinery Company recovered a judgment against the defendant, Bankers Indemnity Insur *489 anee Company in the sum of $1350 on an insurance policy issued by the defendant indemnifying the plaintiff against liability for accidental bodily injuries or death or for property damages by reason of the ownership of the automobiles described in the policy. One Lawton was injured wh...
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Plaintiff appeals from a judgment entered for defendant on the ground that plaintiff’s claim to recover the sum of $20,000 was barred by the statute of limitations. The trial court rendered judgment for defendant on the theory that the action was brought too late for the reason that the amended complaint set up a new cause of action. Otherwise the amended complaint would be deemed filed as of t...
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This action is one in condemnation instituted by the People of the State of California to condemn for highway purposes a strip of land situated in the city of Santa Barbara. The title to the land was at the commencement of the action, and for some years prior thereto had been, in the Southern Pacific Company. Said land is located adjacent to the right of way of said company. During the early pa...
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By this appeal, the right to recover upon a statutory bond given pursuant to the Produce Dealers Act of 1927 (Stats. 1927, p. 1812), is challenged by the surety. It contends that the judgment of the trial court in favor of the plaintiff is not sustained by the evidence. The suit was brought by the Director of Agriculture, in his official capacity, in conformity with the provisions of the act. T...
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Plaintiff recovered judgment against the defendant, F.'F. Regan, in the sum of $5,000 for injuries sus *521 tainecl by him when struck by an automobile. At or about 1:45 A. M. on June 29, 1935, the plaintiff, a pedestrian, was in the act of crossing Western Avenue between Sixth Street and Wilshire Boulevard, in the city of Los Angeles, when he was struck by a car owned by defendant...
Views: 12
This is an action to recover damages for injuries sustained in an automobile collision. Defendant Evans, driver of the car, was admittedly negligent, and defaulted. The sole question is whether defendants Obernolthe are liable as owners of the car, under the ‘ ‘ driving with consent” law, Vehicle Code, section 402. The facts are not in conflict. Defendants Obernolthe, father and son, are engaged i...
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The petitioner as director of the department of industrial relations of this state, seeks the issuance of a writ of mandamus directing and commanding the respond *533 ent Harry B. Riley, as controller of the state to set up on the books of his office the sum of $1,397,185 to cover the expenditures of the department of industrial relations for the 89th and 90th fiscal yea...
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Defendants Pacific Gas & Electric Company and Thomas Foley appeal from an order which granted plaintiffs’ motion for a retrial and plaintiffs’ motion for a new trial, and which denied defendants’ motion for entry of a certain form of judgment in their favor. Plaintiffs Irene Fennessey and William J. Fennessey, her husband, sued for damages received by Irene Fennessey when she was struck by...
Views: 24
Mary Louise Carter, a minor under the age of eighteen years and not the wife of defendant, by an action prosecuted in the name of her guardian ad litem against defendant-appellant, Jerry Murphy, was awarded a judgment against him in the sum of $10,000 by the Superior Court of the County of Los Angeles, sitting without a jury, on account of several alleged acts of seduction committed by him upon...
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This is an appeal by plaintiffs from a judgment for defendant in an action for declaratory relief and damages. A motion by defendant to dismiss the appeal was filed, and the cause thereafter placed on the ready for submission docket. The lower court sustained a general and special demurrer to the first amended complaint, without leave to amend. On this appeal, the question is whether the c...
Views: 12
Following a transfer of the above-entitled cause to this court after decision and judgment by the District Court of Appeal, First Appellate District, Division Two, this court is satisfied with the opinion rendered by that court and division, written by Mr. Associate Justice Spence, as follows, and adopts the same as and for the decision and opinion of this court: *592 “Plaintiff, ...
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In September, 1934, agents of the City of Los Angeles informed Barker Bros., the owner of a large retail establishment, that, pursuant to the terms of a general occupational license tax ordinance, it must procure a license for carrying on its business for the six months’ period ending at the close of the following December. Thereafter Barker Bros, procured the license by paying the amount of ta...
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Although not in complete harmony with the testimony that was given by each of the several “eye-witnesses ’ ’ to the important incidents which preceded and led to the death of one Price at the hands of defendant, an examination of the transcript of the evidence that was adduced on the trial of the action warrants the conclusion that the jury was justified in its implied belief that the following f...
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Cora E. Mitchell died in San Jose on December 25, 1928. She left a will naming as legatees and *630 devisees her surviving husband, John W. Mitchell, four children of a previous marriage, Zelma Reeve, Romayne 0. Reeve, Vernon J. Reeve, and Mabel I. Tates, and a daughter born of her marriage to Mitchell, Mary Anita Mitchell, now Mary Anita Phillips. John W. Mitchell was appointed ex...
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These two causes were argued and submitted together. As they involve the identical legal question, they will be considered and decided in one opinion. The legal question therein presented is whether chapter 304 of the Statutes of 1937 (Stats. 1937, p. 665) is an urgency measure and, therefore, not subject to referendum petition under the terms of section 1, article IV, of the Constitution. The ...
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The City of Manhattan Beach fronts on the Pacific Ocean. Along its westerly boundary lies a strip of sandy beach, about 125 feet wide, which is said to constitute its principal charm and main attraction. By this suit, filed in 1924 but not brought to trial until 1935, the city seeks to quiet title to a public easement over this land which extends from its southerly boundary approximately 3,500 ...
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On May 9, 1931, the plaintiff Hillside Water Company, a corporation, filed a complaint in the Superior Court in and for the County of Inyo, seeking to enjoin the defendants, City of Los Angeles, and its Board of Water and Power Commissioners from “flowing, pumping, or otherwise exporting any of the waters” from any of the defendants’ water wells located on the defendants’ lands overlying the unde...
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Plaintiff appeals from a judgment of dismissal entered upon the sustaining of a demurrer to an amended complaint without leave to amend. The action was commenced on February 15, 1935. It is alleged in the complaint that within four years last past the defendant became indebted to plaintiff’s assignor for services rendered in the sum of $1622.13, and in writings acknowledged, signed and agreed t...
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This is an appeal from an order of the trial court in a will contest directing a verdict for respondent, proponent of the will. The contest was filed by an adopted daughter of decedent, and was based upon allegations of incompetency and undue influence. In 1897, while living in Ohio, decedent Edward S. Flatau and his wife, respondent Celia Flatau, adopted contestant Gladys Flatau, who was then ...
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In an information filed by the district attorney of Los Angeles County, the defendant was charged with grand theft. He was tried by jury and convicted, whereupon he prosecuted this appeal from the judgment and order denying his motion for a new trial. It appears that on or about November 13, 1936, defendant represented to the prosecuting witness that he had a device whereby he could enlarge the...
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This appeal relates to an asserted power of a probate court by which an order, “nunc pro tunc” was made, which affected an order of final distribution in the matter of the Estate of Alexander Goldberg, Deceased, and which former order was made thirty-five years after the latter was entered. The pertinent facts are that a will in said estate that was in the course of p...
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The plaintiff sued Bernard Negra, doing business under the name of Barney Motor Company, and one Oscar Tonolla for possession of a Plymouth sedan automobile or its value, and for damages for the alleged wrongful detention thereof. American Trust Company filed a third party claim. The court made its findings of fact from which it concluded that title resided in the third party claimant, and rend...
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This is an appeal from a judgment against the plaintiffs in a personal injury action brought by the two *725 plaintiffs, father and minor son, against the defendants. Defendant Barbara Mallory is a minor, and the two other defendants are her parents. The injuries were sustained by the minor plaintiff by being run over by an automobile driven by Barbara Mallory. The automobile was owned by her p...
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In this proceeding in mandamus an alternative writ was issued. On the return thereof the controversy was submitted upon an agreed statement of facts. The Nevada Irrigation District was organized in 1921 under the California Irrigation District Act. Its principal revenue *734 was derived from the delivery of water to the Pacific Gas and Electric Company for power purposes, the water being la...
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This is an appeal taken by Frank T. Hines, Administrator of Aeterans’ Affairs, from a portion of an order of the Probate Court of Mendocino County, settling the thirteenth annual account of the guardian of the estate of Raymond Copsey, an incompetent person. Raymond Copsey, the incompetent person, was a veteran of the World War, having enlisted on September 7, 1917. His entire estate consisted of...
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The appeals in several actions brought by the plaintiff, Standard Oil Company of California, involve the question whether sales of gasoline in certain national parks are subject to the tax imposed by the Motor Vehicle Fuel License Tax Act (Stats. 1923, p. 577, as amended Stats. 1933, p. 1643). These appeals have been consolidated for determination. A related question is presented in the compani...
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The plaintiff herein sued to recover sales taxes imposed on retail sales to visitors and others in Yosemite National Park, and paid by it under protest. A demurrer to the complaint was sustained and judgment entered for the defendant. The plaintiff appealed' from the judgment. Most of the questions raised are answered by the decision this day filed in the case of Standard Oil Co. of California...
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This is an action to foreclose a deed of trust and a chattel mortgage executed by defendants II. B. Turner and Alice M. Turner, his mother, to secure a promissory note in the principal sum of $1250, payable to plaintiff. The court below found that in addition to the principal sum of $1250, there was due on said note interest from date of execution in the sum of $275.74. It further found that sa...
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The appellant in this case is a lessee of real estate and the respondent is the assignee of his colessee. The latter brought an action for partition of the leasehold interest and was awarded judgment. The appellant claims that the lease was made to him and his colessee as partners and is partnership property; that the title transferred by the assignment is subject to the interest of the partnersh...
Views: 0
This is an action by the injured party and the insured to recover on a policy of automobile liability insurance. Upon a trial by the court, plaintiffs had judgment and defendants appealed. On October 15, 1932, plaintiff Naify contracted to purchase an automobile from defendant Pacific Nash Motor Company. A conditional sale contract was executed with the understanding that the same was to b...
Views: 14
By this proceeding, a review is sought of the recommendation by the Board of Governors of The State Bar, of petitioner’s suspension for a period of eighteen months from the practice of the law within this state. By the terms of the notice that was given to petitioner to show cause why he “should not be disciplined for professional misconduct”, in substance, the ultimate facts which purportedly con...
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Motion by respondent to dismiss an appeal from a judgment made and entered in favor of respondent and against appellants. Two appeals were taken by appellants to this court: (1) An appeal from a judgment in an action to quiet title to certain real property located in Los Angeles County, and (2) an appeal from an order of the superior court of said' county of date July 2, 1937, denying appellants’...
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This is a proceeding in habeas corpus to secure the release of Earl Kenneth Mize from the custody of the sheriff of Los Angeles County. Mize was convicted' of failure to provide for his infant child (see. 270, Pen. Code) in the Justice’s Court of Compton Township, Los Angeles County. He was placed on probation for two years on condition that he pay $15 a month for the support of said child. Upo...
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On January 28, 1936, defendant Carrie L. Hunter contracted to sell a lot owned by her in Los Angeles County to plaintiffs Austin M. and Mildred C. *29 Farnsworth, for the sum of $650. Plaintiffs paid $100 on account of the purchase price, and on March 17, 1936, tendered the balance. Defendant, however, refused to perform the contract on her part and convey the property. This action...
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This was an action for damages for personal injuries to plaintiff alleged to have resulted from eating bread manufactured by defendants and in which particles of glass were imbedded. In the original complaint it was alleged that the bread had been purchased by plaintiff. During the trial, it developed that plaintiff’s husband was the actual purchaser, and it was ordered that the complaint be amen...
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Defendant appeals from an order denying his motion to set aside and recall an execution issued and levied under a judgment entered against him in this action for damages. Stripped of unnecessary and burdensome detail, the sole issue here presented is whether a judgment in the sum of $2,174.39 for damages growing out of the negligent operation of an automobile may be enforced against the adult o...
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This proceeding in certiorari was instituted by petitioner Jack Schaller to secure the annulment of an award made against him by the Industrial Accident Com *48 mission for the death of Sue Alric Marrion, an aerialist who was fatally injured on May 7, 1936, during the performance of her act in a Canadian showhouse, when one of the ropes gave way at a height of eighty fee...
Views: 17
Plaintiff prosecutes this appeal from a judgment for defendants entered upon a jury verdict. The action was brought by plaintiff, forty-three years of age, to recover damages for the wrongful death of his mother, sixty-three years of age, upon whom he was dependent for support by reason of his physical infirmities. The plaintiff’s mother received the injuries from which she died in the Gra...
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On September 8, 1930, defendant William E. Bullock committed an assault and battery upon this plaintiff, Ida M. Montgomery. In May, 1931, she sued him for damages, and on April 26, 1932, had judgment in the sum of about $2,200. She caused execution to be issued and levied upon certain real estate which William E. Bullock and his wife, Orpah Bullock, had acquired in 1927 as community property, and...
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Plaintiff brought this action for damages against the operator and the owner of an automobile for injuries alleged to have been inflicted by reason of its negligent ' operation. The gravamen of the complaint as to the owner is the use of the car by the operator with the alleged consent and permission of the owner, an automobile sales agency, granted by its sales manager and a salesman, who were a...
Views: 23
This is a proceeding in mandamus to compel the respondent judge of the superior court to proceed with the hearing and determination of an action pending before said court entitled John W. Austin et al. v. Hallmark Oil Company et al. The cause had been duly assigned to the respondent judge for hearing and determination. Certain issues of law were noticed for hearing on October 1, 1937. Prior...
Views: 16
Upon the petition of the respondent, who is a qualified elector of, and property owner residing within, the Bidwell Municipal Utility District the superior court ordered that a peremptory writ of mandate issue, requiring the defendants, constituting the board of directors of the district, to call an election upon the question of its dissolution. The appeal is from this judgment. The district wa...
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This is an appeal from an order settling the final account of an executor and ordering distribution. The principal issue is whether the matter was heard by J. W. Mullin, Jr., as a referee or merely as a court commissioner. Appellant Darlington, executor of the will, filed his first and final account, report and petition for distribution. Respondents Francis and Richard Hart served and filed sep...
Views: 6
From the record herein it appears that in the course of the conduct of the business in which plaintiff was engaged, on each of numerous occasions his office manager received certain checks which theretofore had been made payable to plaintiff; that thereupon plaintiff’s said office manager forged upon them the name of the payee and negotiated them with defendant Wascher, who paid full value ther...
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This appeal on the judgment roll is taken by the plaintiff as executor of the estate of Max Janka, deceased. From this record it appears that the defendants Boland, on August 3, jl926, executed and delivered a promissory note for $1500 to the decedent, payable three years after date, and secured the same by a trust deed on certain real property. On August 20, 1931, the defendants Boland execute...
Views: 1
A controversy between the heirs of William Beldon, deceased, over the construction of his will has reached this court upon an appeal from a final decree of distribution of his estate. By an holographic will the testator made certain specific bequests, among which is one of $30,000 to his sister, Rose DePareq. He also provided as follows: “My sister Rose is hereby appointed administratrix &...
Views: 15
Plaintiff received personal injuries when his automobile was struck by an automobile of defendant city which was being operated by the fire chief in response to an alarm. From a judgment entered on a jury verdict assessing the damages of plaintiff in the sum of $5,000, defendant city prosecutes this appeal. The action was brought under section 1714%,. Civil Code (now section 400, Vehicle Code),...
Views: 10
This appeal presents a question of priority as between a mortgage, which had been released of record and renewed, and a contract of sale executed by the owner to a third person between the date of the execution of the original mortgage and the date of the release and renewal thereof. On July 15, 1923, Vellzora Millen executed and delivered to Andrew J. Copp, Jr., a mortgage for $1250, due ...
Views: 1
This is an action by the Superintendent of Banks to enforce an assessment against stockholders of an insolvent bank, pursuant to the provisions of the California Bank Stockholders’ Liability Act (Deering’s Gen. Laws, Act 652a). The Firestone Park Bank was closed on January 7, 1932, and on that date the Superintendent of Banks took over its assets and management for purposes of liquidation....
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The petitioner seeks a review of the recommendation of the Board of Governors of The State Bar that he be suspended from the practice of law for a period of three months. The petitioner, a native of South Dakota, now forty-nine years of age, was admitted to practice law in this state in November, 1923. He had previously practiced in South Dakota and Texas. In May, 1937, he was heard before the loc...
Views: 0
This is a proceeding to review a recommendation of the Board of Governors of The State Bar that petitioner, Samuel S. Gelberg, be suspended from the practice of the law for a period of one year. The board of governors by a unanimous vote adopted the findings of fact made by the local committee which heard the charges against petitioner, but by a divided vote rejected the recommendation of the loca...
Views: 1
11 Cal.2d 147 (1938) THE PEOPLE, Respondent, v. DAVE ROSEN, Appellant. Crim. No. 4125. Supreme Court of California. In Bank. April 19, 1938. A. H. McConnell for Appellant. U.S. Webb, Attorney-General, and Paul D. McCormick, Deputy Attorney- General, for Respondent. THE COURT. The defendant was charged by information with having committed the crime of robbery by feloniously taking from one ...
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The petitioner Western Lithograph Company, filed with the State Board of Equalization a claim for refund of sales taxes imposed pursuant to the Retail Sales Tax Act (Stats. 1933, p. 2599, as amended Stats. 1935, pp. 1225,1252, 1256), amounting to $356.05 and theretofore paid by it. The claim was rejected and this proceeding was brought to compel the allowance and payment of the claim. Duri...
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The City and County of San Francisco has been enjoined from constructing above the surface of the ground a public convenience station in Marina Park. The trial court, in effect, found that if the building were constructed in the manner proposed it would be a nuisance. This finding is challenged by the city, which contends that it is not supported by the evidence. Marina Park is a strip of ...
Views: 7
These two proceedings in certiorari, Nos. S. F. 15964 and S. F. 15965, were instituted by petitioners S. H. (Samuel Henry) Cowell and I. M. (Isabella M.) Cowell, respectively, to secure the annulment of findings and award made by the Industrial Accident Commission, imposing liability upon the Henry Cowell Lime and Cement Company, a corporation, and upon petitioners, as employers on M...
Views: 5
This is an appeal from an order admitting a document to probate as the last will and testament of the decedent and appointing respondent administratrix with the will annexed. The document bears date of March 4, 1932, and purports to devise the decedent’s entire estate to respondent, a stranger to the blood. It was admitted to probate as an holographic will, the court below finding that it was “en...
Views: 6
This action was commenced by plaintiff, California Canning Peach Growers, a non-profit cooperative association, against defendants for the purpose of having its rights declared under a written agreement alleged to have been entered into between the association and defendants. Defendants Harkey answered setting up their interpretation of the transaction, and cross-complained for certain sums all...
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The two respondents R. M. and H. L. Stafford are sons of T. H. Stafford. ° During the times here-involved the father owned a ranch in Sutter County, about 100 acres of which were devoted to the growing of canning peaches. In 1932 and prior thereto, this ranch was operated by the father and these two sons under an oral agreement to split the profits and losses. Under this agreement the ultimate ...
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This action was commenced by the association against E. R. and Frances 0. Williams, husband and wife, on two common counts, the first alleging that between designated dates the plaintiff at the special instance and request of defendants furnished, paid, and laid out to and for the use and benefit of the defendants a designated sum of money which defendants agreed to repay with interest; and the...
Views: 9
This action was commenced by the California Canning Peach Growers against Frances 0. Williams and E. R. Williams (husband and wife) and A. D. Poggetto to recover from them $21,333.12 (reduced at the time of trial by stipulation to $21,226.66) alleged to be owing to the association by these parties. In addition the association seeks to recover liquidated damages for failure on the part of defendant...
Views: 9
This is a motion to dismiss an appeal on the ground that it was taken too late. The appeal is from an order of the court granting defendants’ motion for a non-suit. Said order was entered in the clerk’s minutes. The question involved is whether under section 581, Code of Civil Procedure, an appeal may be taken from an order of nonsuit entered in the clerk’s minutes and noted in his register of ...
Views: 10
This is an appeal from a judgment imposing the death penalty and from an order denying a motion for a new trial. On Sunday, July 25, 1937, at 8:30 P. M., the defendant, a Mexican, 29 years of age, killed Gabriel Contreras, also a Mexican, 38 years of age, by shooting him in the head with a revolver. The homicide occurred at the ranch home of the deceased located in a sparsely settled section of th...
Views: 8
After the decision of this case by the District Court of Appeal a petition for hearing was granted by this court for the purpose of giving further consideration to the legal position of a person who is injured while violating'a city ordinance prohibiting “jay walking”, we now adopt the opinion written by Mr. Justice pro tempore Dooling as the opinion of this court: “This is an appeal from a j...
Views: 11
The controversy presented in this case concerns the effect of an order made nunc pro tunc purporting to amend a minute order and an order signed and filed the same day admitting two testamentary documents to probate. W. I. Burnett died in 1929. His widow, the appellant here, and seven children, survived him. Shortly after his death, G. C. Burnett, a son, filed a petition for probate of a will...
Views: 13
This proceeding in certiorari was instituted by petitioners Sada and Dantoni, copartners doing business as Loop Bowling Alley, to secure the annulment of an award made against them by the Industrial Accident Commission for the death of Martial Hainque. The commission found that on March 7, 1937, Martial Hainque, while working as a pinsetter for petitioners, sustained an injury which resulted ...
Views: 6
This is an appeal from a judgment of conviction of murder in the first degree and from the order denying a motion for new trial. Defendant was sentenced to death. The record shows that at about 2:30 A. M. on July 11, 1937, decedent, Antonio Martinez, apparently in an intoxicated condition, left a Sacramento saloon and proceeded along the street where he crossed the path of defendant,' a stranger t...
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The petitioner seeks by this proceeding in mandamus to compel the respondent, as chairman of its board of supervisors, to sign and execute certain releases of liens and mortgages acquired by petitioner upon the real properties of the recipients of financial aid granted under the provisions of the Old Age Security Act. Respondent has demurred. It appears that the Old Age, Securit...
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On July 31, 1933, a statute known as the “Retail Sales Tax Act of 1933” (Stats. 1933, p. 2599) became effective. As far as here is important, the title of that statute is "An Act imposing a tax for the privilege of selling tangible personal property and for the privilege of furnishing, preparing or serving tangible personal property, providing for permits to retailers, (and) providing for the levy...
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On July 31, 1933, an act known as the “Retail Sales Act of 1933” (Stats. 1933, p. 2599) became *297effective. Particularly by the provisions of section 3 thereof, a tax was imposed on retailers of “tangible personal property”. In effect, section 4 of the act provides that where a retail sale is made “under a contract made prior to the effective date of this act, ... the seller may add the tax impo...
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This appeal is taken from orders of the trial court denying approval, allowance and settlement of the first and final account of an administration, sustaining exceptions to said account, revoking letters of administration with the will annexed, and directing payment of funds to the successor of said administrator. Thomas Sherwood Gainfort died a resident of Dublin, Irish Free State, on August 1...
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Motion to dismiss an appeal from an order denying motion to vacate, set aside, and annul an interlocutory and final decree of divorce on the ground that the appellant did not obey a court order to pay counsel fees and costs to respondent. The parties have been divorced. Defendant moved the trial court to vacate and set aside the interlocutory and final judgments herein on the grounds that plain...
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Plaintiff commenced this action to obtain compensation for damages alleged to have been suffered when his automobile was caused to leave a public street in the City of Los Angeles and to strike poles which had been erected by defendant Los Angeles Gas and Electric Corporation. Both the City of Los Angeles and the Los Angeles Gas and Electric Corporation were named parties defendant. Each defend...
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For the reason that with respect to the issue herein involved, in similar situations, a diversity of opinion appeared as between or among several respective jurisdictions, a hearing of the appeal in the instant case was ordered to be had in this court, after decision of the original appeal by the District Court of Appeal. After careful consideration of the facts of the case and the law applicable ...
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The defendant who was convicted by a jury upon three separate charges of murder in the first degree, has appealed from the judgments subsequently rendered imposing the death penalty upon him. By an indictment he was charged with the murder of three children between six and ten years of age. On the morning of June 26, 1937, the children went to a park together for play. They were seen there by v...
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A hearing of the instant appeal by this court after decision thereon by the District Court of Appeal has resulted in the conclusion that the decision that was rendered by the latter court is correct. The opinion therein, which was prepared by Mr. Justice Spence, is therefore adopted as the opinion of this court. It is as follows: “Plaintiff brought this action upon a contract seeking to re...
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The defendant has appealed from a judgment of conviction upon each of seven counts of an indictment, and from an order denying a new trial. By the first count of the indictment the defendant was charged with perjury; in the next two it is alleged that she offered false evidence in violation of the provisions of section 132 of the Penal Code; by two other counts she was charged with preparing fals...
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The final decree of distribution entered in decedent’s estate followed closely the provisions of his will concerning the creation of a trust and the payment by the trustee of the net income from the trust property to decedent's widow and two daughters, and further provided: “Upon the death or remarriage of said widow, the said trust shall terminate and said trustee shall distribute (italics added)...
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From the record herein, it appears that by the terms of a zoning ordinance, a specified portion of the City of Beverly Hills is set apart as a residential district. In substance, by the terms of a separate ordinance of said city it is provided that no auction sale of personal property shall be held in such an area, but that “all auction sales except for the sale of real property are required to...
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Application for writ of mandate. On September 14, 1937, plaintiff Oscar Nelson brought an action in the superior court against J. A. Bried (petitioner herein), as defendant, for damages for alleged slander. Coincident with the filing of the complaint in that action, the plaintiff filed an undertaking for costs in the sum of five hundred dollars, conditioned as required by the pertinent statute, w...
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Plaintiff individually and as guardian and trustee of her two minor sons brought this action to compel defendant, her former husband, to .pay to her one-half of all money and property received by him upon the termination of a testamentary trust, under which said defendant and others became entitled to share in the distribution of the corpus of the trust property. Plaintiff Mrs. Kelly...
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This litigation is the outgrowth of the financial misfortunes of the Carr family resulting from the 1929 stock market crash and the falling value thereof of Transamerica stock. The basic question is whether or not the appellant, Philip Carr, can recover from the Bank of America, acting as executor of the will of his father, Harry Cummings Carr, and acting as trustee of a trust created by said w...
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This action was instituted by the plaintiff, a conditional vendee of certain personal property consisting of trade fixtures and restaurant equipment, worth $2,500, covered by several conditional sales contracts, for damages for the conversion of said property by defendants, strangers to said conditional sales contracts. At the time of said conversion, the vendee was in arrears in the payment of...
Views: 9
This proceeding in mandamus presents the question of the constitutionality of section 13% of the Los Angeles County Flood Control District Act added to the statute in 1937 (Stats. 1937, p. 1763). The original statute is found in the statutes of 1915 at page 1502. The petitioners allege their ownership of lands situated and assessable within the Los Angeles County Flood Control D...
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This proceeding in mandamus was brought to compel respondent State Building and Loan Commissioner to pay liquidating dividends allegedly due to the petitioner, as well as claims of all other creditors similarly situated. On July 30, 1931, the commissioner took possession of the business, property, and assets of the United Building and Loan Association for the purpose of liquidating its affairs. At...
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Petitioners seek a review of recommendations of The State Bar suspending them from practice. The Board of Governors recommended that Geibel be suspended for three years, and Morfoot and Shelley for one year. The charge against petitioners is that they aided and abetted two unlicensed persons, J. J. Driscoll and Anita Le Bourgeois, to practice law and aided and abetted said persons in the collecti...
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On October 3, 1935, the Santa Fe Transportation Company, which is wholly owned and controlled by the Atchison, Topeka and Santa Fe Railway Company, filed certain applications with the respondent Railroad Commission wherein it sought, among other things, the issuance of certificates of public convenience and necessity authorizing the establishment of a coordinated and integrated rail and stage s...
Views: 7
This is an original proceeding in mandamus to compel the respondent officers of the city of Los Angeles to approve and audit the payroll of the department of water and power of the city of Los Angeles in so far as it affects the petitioners, and cause to be paid to them the sum of $72 each on account of compensation for services rendered as carpenters in said department for the first half of Febru...
Views: 0
Appeal by the defendant from a judgment for the plaintiff in an action on a policy of indemnity insurance issued to Thomas T. Harbeson and Mariam Harbeson. The policy was issued in 1931 to the Harbesons, husband and wife, when they were the owners of a Studebaker automobile. The policy by its terms bound the defendant to indemnify the named assureds and any person who might drive the autom...
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The petitioner, the City of Culver City, presents its application for the writ of mandamus to compel the respondents, Engineer of Work and Superintendent of Streets, respectively, to prepare a diagram of the property included within Acquisition and Improvement District No. 3 of the City of Culver City, and to make an assessment, both as provided by the Refunding Assessment Bond Act of 1935. A...
Views: 7
11 Cal. 2d 449 (1938) UNION TRUST COMPANY OF SAN DIEGO, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY et al., Respondents. L. A. No. 16626. Supreme Court of California. In Bank. June 29, 1938. Stearns, Luce, Forward & Swing for Petitioner. C.J. Novotny for Respondents. HOUSER, J. From the record herein, it appears that on August 14, 1931, as the outcome of a foreclosure suit th...
Views: 15
This is a petition for a writ of habeas corpus. Petitioner was charged with a violation of section 337a, subdivision 3, of the California Penal Code, making it a crime to receive, hold, or forward a sum of money or other thing of value, to be placed as a bet. The stipulated facts show that on December 29, 1937, in the city of Los Angeles, the complaining witness solicited petitioner to place ...
Views: 13
This is an appeal from a judgment of the trial court holding invalid the formation of a lemon prorate district under the terms of the Agricultural Prorate Act (Stats. 1933, p. 1969), as amended; Deering’s General Laws 1937, Act 143a, p. 60). The nature of the act was fully considered, and its constitutionality upheld, in our prior opinion, Agricultural Prorate Commission v. Superior Court, 5 ...
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This case was taken over by this court on petition for hearing after decision by the District Court of Appeal for the Third Appellate District. The action is brought against Robert J. Finnie and the Bank of America National Trust and Savings Association as the successor of the Rideout Bank to recover damages for fraud. A judgment for damages in the sum of $12,880 was recovered in the lower cour...
Views: 23
11 Cal. 2d 488 (1938) VICTOR MOREL, Petitioner, v. RAILROAD COMMISSION OF THE STATE OF CALIFORNIA, Respondent. L. A. No. 16232. Supreme Court of California. In Bank. June 30, 1938. Dario H. Nelson for Petitioner. P. N. McCloskey, Ray L. Chesebro, City Attorney (Los Angeles), Frederick von Schrader and Newton J. Kendall, Assistant City Attorneys, and John L. Bland, Deputy City Attorney, as Am...
Views: 9
11 Cal. 2d 501 (1938) RANCHO SANTA MARGARITA (a Corporation), Respondent, v. MARGARET R. VAIL et al., Appellants. L. A. No. 15078. Supreme Court of California. In Bank. July 12, 1938. O'Melveny, Tuller & Myers, Louis W. Myers, William W. Clary, Ward & Ward and John M. Ward for Appellants. Hunsaker, Britt & Cosgrove and Cosgrove & O'Neil for Respondent. THE COURT. Defendants...
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11 Cal.2d 566 (1938) CHARLES McNEIL et al., Respondents, v. MAURICE BLUMENTHAL et al., Appellants. L. A. No. 16665. Supreme Court of California. In Bank. July 19, 1938. R. D. McLaughlin, Walter I. Lyon, Walter T. Casey and Albert Lee Casey for Appellants. Entenza & Gramer and Don L. Gilman for Respondents. THE COURT. This is an action for rescission of a contract to sell oil interests and ...
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11 Cal. 2d 568 (1938) LOUIS FERNANDEZ, Respondent, v. ROSE FERNANDEZ, Appellant. L. A. No. 16705. Supreme Court of California. In Bank. July 25, 1938. Morris Lavine for Appellant. Fred A. Shaeffer for Respondent. WASTE, C.J. Plaintiff brought this action for divorce in the Superior Court of Santa Barbara County. Defendant filed a demurrer to the complaint with a supporting affidavit wherei...
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11 Cal. 2d 570 (1938) CLEYON EARL PALMANTEER, Respondent, v. IRENE PALMANTEER, Appellant. L. A. No. 16545. Supreme Court of California. In Bank. July 25, 1938. Frank E. Carleton for Appellant. O. E. Farnham and Marshall & Farnham for Respondent. WASTE, C.J. This is an appeal by defendant from an interlocutory decree in favor of plaintiff in an action for divorce on the ground of extrem...
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11 Cal. 2d 571 (1938) In the Matter of the Application of EDNA ELLIS for a Writ of Habeas Corpus. Crim. No. 4157. Supreme Court of California. In Bank. July 26, 1938. S. S. Hahn, W. O. Graf and S. Rippey for Petitioner. Ray L. Chesebro, City Attorney, Newton J. Kendall, Assistant City Attorney, and John L. Bland and George William Adams, Deputies City Attorney, for Respondent. SHENK, J. Th...
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11 Cal.2d 576 (1938) BELVA BELLMAN, a Minor, etc., Respondent, v. SAN FRANCISCO HIGH SCHOOL DISTRICT, Appellant. S. F. No. 15850. Supreme Court of California. In Bank. July 26, 1938. John J. O'Toole, City Attorney, Walter A. Dold, Chief Deputy City Attorney, and Irving G. Breyer for Appellant. Everett W. Mattoon, County Counsel (Los Angeles), J. H. O'Connor, County Counsel (Los Angeles), and...
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11 Cal. 2d 593 (1938) JOE MONDINE, Respondent, v. JEAN P. SARLIN, Appellant. L. A. No. 16606. Supreme Court of California. In Bank. July 27, 1938. Joseph Scott, J. Edward Keating, Robert F. Shippee and J. Howard Ziemann, for Appellant. William M. Rains, E. D. Reiter, Ellis D. Reiter, Walter S. Barrette, Francis M. Reiter and Albert L. Denney for Respondent. EDMONDS, J. By the verdict of a ...
Views: 19
11 Cal. 2d 601 (1938) FRED N. COATS, Respondent, v. GENERAL MOTORS CORPORATION (a Corporation), Appellant. S. F. No. 15838. Supreme Court of California. In Bank. July 27, 1938. Fitzgerald, Abbott & Beardsley for Appellant. Pillsbury, Madison & Sutro, Donahue, Hynes & Hamlin, Alfred Sutro, Eugene M. Prince, Eugene D. Bennett and O. D. Hamlin, Jr., for Respondent. *603 SHENK, J. ...
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This is a petition by the City of Long Beach and its Board of Harbor Commissioners for a writ of mandate to compel respondent to take bids for the furnishing of a derrick and oil well. The proceeding presents the question whether the mineral rights, particularly those in oil and gas, in tidelands granted to the municipality by the state, are owned by the municipality. The facts are not in ...
Views: 23
11 Cal. 2d 621 (1938) TITLE GUARANTEE AND TRUST COMPANY (a Corporation), Respondent, v. CHARLES E. MONSON et al., Appellants. S. F. No. 15735. Supreme Court of California. In Bank. July 28, 1938. Sven H. Svenson for Appellants. Lillick, Olson, Levy & Geary and Hansen & Sweeney for Respondent. HOUSER, J. As a foundation for the instant action, the record herein discloses the existen...
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Defendant appeals from a judgment enjoining it: (1) from selling, or offering or advertising for sale its products at less than invoice or replacement cost, whichever is lower, plus its cost of doing business; (2) from discriminating as to price between different sections, communities or cities by selling its products to customers at a lower rate in one section, community or city than in anothe...
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A hearing was granted in this cause in order to consider the constitutionality of the Unfair Practices Act as amended in 1935. (Stats, of 1935, chap. 477, p. 1546; Deering’s Codes, Laws and Constitutional Amendments, 1935 Supp., Act 8781.) Upon further deliberation, for reasons hereafter appearing, • it is our opinion that the constitutionality of the statute is not involved in this proceeding....
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This case was heard and decided by the District Court of Appeal, First Appellate District, Division One. Thereafter a hearing was granted by this court, and we now adopt portions of the opinion of Mr. Presiding Justice Tyler, with certain additions, as the opinion of this court: “Appellant was originally charged with a violation of section 288 of the Penal Code, relating to crimes against children...
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Upon further consideration of this case on rehearing we adopt the former opinion as modified: “This action was brought against the defendant Lampton, as county clerk of Los Angeles County, and the sureties on his official bond, to recover certain money deposited with the said clerk and embezzled by his chief deputy. “In 1930 a criminal trial was in progress in Los Angeles County, in which two pers...
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11 Cal.2d 682 (1938) A. A. BROCK, as Director of Agriculture, etc., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. S. F. No. 15994. Supreme Court of California. In Bank. July 28, 1938. U.S. Webb, Attorney-General, Walter L. Bowers, Deputy Attorney-General, for Applicant. Lewis D. Collings, Edward M. Selby and Cupp & Cupp for Respondents. CURTIS, J. Petitioner ...
Views: 9
This is a petition to review an award of the Industrial Accident Commission. On May 25, 1936, L. E. Sherbert was operating a restaurant under the fictitious name of “Dixie Club Restaurant”. J. J. Packer was employed as dishwasher. On that date a policy of workmen’s compensation insurance was issued by petitioner, National Automobile Insurance Company, in the name of “L. E. Sherbert, an individual,...
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This is a petition to review an award of the Industrial Accident Commission. The employee, Lome E. Lackey, was a taxi driver employed in San Bernardino. On September 18, 1936, he sustained a compensable injury and filed a claim with the respondent commission. After hearing, the commission found that his employers were Frank Parias and Leslie Mohr, and that petitioner, National Automobile Insurance...
Views: 7
Application of Joseph P. Lacey for readmission to practice law in this state after his disbarment by this court on the ground of his conviction of a felony involving moral turpitude. The application for reinstatement is based upon the ground and claim that the applicant since his disbarment has rehabilitated himself and now possesses the necessary moral qualifications and mental attainments to ent...
Views: 0
11 Cal. 2d 724 (1938) CHARLES MUDRICK, a Minor, etc., Respondent, v. MARKET STREET RAILWAY COMPANY (a Corporation) et al., Appellants. S. F. No. 15995. Supreme Court of California. In Bank. August 1, 1938. Wm. M. Abbott, Cyril Appel and Ivores R. Dains for Appellants. Donahue, Richards & Hamlin, as Amici Curiae, on Behalf of Appellants. Vincent W. Hallinan, Charles H. Fish and William F...
Views: 8
Pursuant to the allegations of the complaint herein, judgment was entered for the plaintiff decreeing foreclosure of a trust deed and sale of the property covered thereby, and the entry of a deficiency judgment in a sum equal to the difference between the amount of the indebtedness and the amount procured at the commissioner’s sale of the property. The defendants Hart appeal from that portion o...
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This is a proceeding in mandamus to compel the respondent as tax collector of Los Angeles County to accept and receipt for the petitioner’s tender of general taxes on its property separately from the special assessments levied under the Acquisition and Improvement Act of 1925. (Stats. 1925, p. 849.) The petitioner is the owner of numerous parcels of land in Culver City, Los Ange...
Views: 15
11 Cal. 2d 751 (1938) In the Matter of the Application of MYRA CRITCHLOW for a Writ of Habeas Corpus. Crim. No. 4164. Supreme Court of California. In Bank. August 9, 1938. Freitas, Duffy & Keating for Petitioner. A. E. Bagshaw, District Attorney, for Respondent. SHENK, J. This proceeding in habeas corpus presents the question of the scope of immunity from prosecution afforded by sectio...
Views: 8
The plaintiff filed for probate a will signed by one Emma IT. Wilson, dated May 17, 1933, and naming him as principal beneficiary and as executor. Shortly thereafter the defendant filed for probate another will, dated October 24, 1933, naming her as principal beneficiary and as executrix. The plaintiff filed objections to the probate of that will upon the ground, among others, that it appeared tha...
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This is an application for a writ of prohibition to prevent the respondent judge, sitting in the *774juvenile department of the respondent superior court, from proceeding as a committing magistrate with the preliminary hearing in the ease of People v. Jack Krug. The sole basis for the application for the writ is that the defendant in said action, the' petitioner herein, has made and filed with the...
Views: 0
This is an action against stockholders of an insolvent bank to recover on an assessment levied by the Superintendent of Banks pursuant to the terms of the Bank Stockholders’ Liability Act (Deering’s Gen. Laws, Act 652A). The assessment was levied on May 21, 1932. This action was commenced on June 11, 1935. The lower court held that the suit was barred by the statute of limitations, and plaintiff a...
Views: 0
This is an action to enforce the liability of stockholders of an insolvent bank on an assessment levied by the Superintendent of Banks pursuant to the terms of the Bank Stockholders’ Liability Act (Deering’s Gen. Laws, Act 652A). The assessment was levied April 7, 1932. The action was commenced on May 17, 1935. The lower court sustained a demurrer to the complaint, holding that it was barred by th...
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The petitioner applied for a writ of mandate to compel the refund to it of taxes amounting to $269.24 paid pursuant to the provisions of the Retail Sales Tax Act of California. The facts herein are similar to those stated in the opinion this day filed in the case of Western Lithograph Co. v. State Board of Equalization, S. F. No. 15914 (ante, p. 156 [78 Pac. (2d) 731]), with the exception that the...
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In this case the petitioner sought a writ of mandate to compel a refund to it of $558 paid under the Retail Sales Tax Act of California. Tangible personal property was sold by the petitioner to the Hollywood State Bank. The facts therefore are similar to the facts involved in the case of Western Lithograph Co. v. State Board of Equalization, S. F. No. 15914, this day decided (ante, p. 156 [...
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This is a companion case to the ease of The Ventura Co., Inc., v. Craemer, this day decided (ante, p. 407 [80 Pac. (2d) 720]). On the authority of that decision and for the reasons set forth in the opinion filed therein the petitioner herein is entitled to the writ of mandamus. Let the peremptory writ issue....
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This is a companion case to the case of The Ventura Co., Inc., v. Craemer, this day decided {ante, p. 407 [80 Pac. (2d) 720]). On the authority of that decision and for the reasons set forth in the opinion filed therein the petitioner herein is entitled to the writ of mandamus. Let the peremptory writ issue....
Views: 0
These three cases are companion cases to McNeil v. Blumenthal, L. A. No. 16665. (ante, p. 566 [81 Pac. (2d) 567]) this day decided. They are before this court on motion of plaintiffs to dismiss the appeal of defendants from an order of the trial court granting relief pursuant to section 473 of the Code of Civil Procedure, or to affirm the order. The question presented is identical with that determ...
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This proceeding to prohibit the Superior Court of the County of Los Angeles, and the judge thereof, *782from taking any action in an injunction suit brought against the director of agriculture, except to dissolve the temporary injunction issued in said action, is in all respects, except as to the names of the parties plaintiff in said injunction suit, like action S. F. No. 15994 this day decided a...
Views: 3
Plaintiff brought this action for dissolution of a partnership or joint venture, theretofore entered into between him and defendants, for an accounting, and if necessary, a sale of the partnership property. The pertinent facts involved herein are summarized as follows: On or about December 12, 1931, and prior to January 11, 1932, plaintiff and defendants William N. Nasser, Elias Nasser, L....
Views: 20
In an information filed by the district attorney of Santa Cruz County, the defendant was charged with the murder of Sally Boggs, his wife. He entered a dual plea of not guilty and not guilty by reason of insanity. Upon the conclusion of the trial on the general issue, the jury returned a verdict finding defendant guilty of murder of the first degree, without recommendation. Trial was then had on ...
Views: 24
The five defendants in this ease were jointly charged with the crime of murder. One of them, Robert Lee Cannon, pleaded not guilty; the four others pleaded not guilty and also not guilty by reason of insanity. The issues joined by the pleas of not guilty were presented to a jury in a trial of all defendants. The jury found each of them guilty. Thereafter each of the four who pleaded not guilty by...
Views: 24
Pursuant to the provisions of section 34 of article IV of the Constitution of the state of California, the governor of the state submitted to the 52d session of the legislature, the state budget for the biennium commencing July 1, 1937, and ending June 30, 1939, accompanied by an appropriation bill itemizing proposed state expenditures for such biennium, known as the budget bill, which included it...
Views: 14
Petitioners, qualified electors and taxpayers of the state, by separate applications, seek writs of mandate directed to the Secretary of State commanding him (1) to refrain from submitting a certain purported initiative measure to the electors of the state, and (2) not to certify ithe measure to the registrars of voters and county clerks of the state. After the issuance of the alternative writs t...
Views: 21
Petitioner, a qualified elector and taxpayer of the city and county of San Francisco, seeks a writ of mandate directed to the Secretary of State commanding him (1) to refrain from submitting a certain purported initiative measure to the electors of the state, and (2) not to certify the measure to the registrars of voters and county clerks of the state. Proponents of the proposal, pursuant to perm...
Views: 8
Petitioners, qualified electors and taxpayers of the state, by separate applications, seek writs of mandate directed to the Secretary of State commanding him (1) to refrain from submitting a certain purported initiative measure to the electors of the state, and (2) not to certify the measure to the registrars of voters and county clerks of the state. After the issuance of the alternative writs, t...
Views: 13
Charlotte Gabrielli, a minor nine years of age and a former student of the Fremont School, a public school in the elementary grades in the city of Sacramento, applied through her guardian ad litem to the Superior Court in Sacramento County for a writ of mandate addressed to the authorities of the Fremont School and the Superintendent *87 of Schools and Board of Education...
Views: 18
The State Bar of California, a public corporation created by the Act of March 31, 1927 (Stats. 1927, p. 38), filed in this court its petition praying, under section 289 of the Code of Civil Procedure, that Gavin W. Craig, formerly an Associate Justice of the District Court of Appeal of the Second Appellate District of the State of California, be permanently disbarred from the practice of the law ...
Views: 15
The pertinent facts herein appear to be that following a personal injury which theretofore she had sustained in an accident, the defendant Mrs. Anna Kinsler, employed the defendant Eversole as an attorney at law to bring an action for the purpose of recovering a judgment against the person who was asserted to have been negligent in having-caused said accident to occur. By the terms of the said con...
Views: 7
On this rehearing, we adopt that part of our former decision setting forth the facts and issues, as follows: “This is an action to set aside as fraudulent a conveyance from defendant husband to defendant wife and to subject the property to plaintiffs’ judgments. The trial court denied any relief to the plaintiffs and awarded to the defendant W. H. Curtis judgment in the sum of $6,400 on the fou...
Views: 5
In this proceeding, a decision of the Industrial Accident Commission by which disability indemnity was awarded to an employee of C. W. Caletti, doing business as C. W. Caletti & Company, is challenged by the petitioner, which the commission found was the employer’s insurance carrier at the time the compensable injury was received. The record of the proceedings resulting in the decision and award a...
Views: 1
This cause was transferred to this court after decision by the District Court of Appeal, Third District. We are of the opinion that the District Court of Appeal arrived at the correct conclusion in its decision of the case. There was, however, certain language in the opinion which we deemed inappropriate. This language we have deleted from the opinion at places therein indicated by asterisks. As ...
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Petition for writ of mandate to be directed to the State Board of Equalization. Since 1935 the property of telephone and telegraph companies, other than their franchises, is assessed by the State Board of Equalization. (Art. XIII, see. 14, Const., as amended in 1933, effective January 1, 1935.) Upon the value as thus assessed cities, counties and other local taxing districts levy ad valor...
Views: 13
12 Cal.2d 140 (1938) CHARLES T. BUTTERWORTH et al., Petitioners, v. HAROLD J. BOYD, as Controller, etc., et al., Respondents. S. F. No. 16017. Supreme Court of California. In Bank. September 2, 1938. Cushing & Cushing and Ben C. Duniway for Petitioners. William P. O'Brien, as Amicus Curiae, on Behalf of Petitioners. John J. O'Toole, City Attorney, Thomas P. Slevin, Deputy City Attorney,...
Views: 17
12 Cal.2d 156 (1938) THE PEOPLE ex Rel. STATE BOARD OF MEDICAL EXAMINERS, Respondent, v. PACIFIC HEALTH CORPORATION, INC. (a Corporation), Appellant. S. F. No. 15690. Supreme Court of California. In Bank. September 2, 1938. Knight, Boland & Riordan for Appellant. U.S. Webb, Attorney-General, and Lionel Browne, Deputy Attorney-General, for Respondent. Hartley F. Peart, Howard Hassard and...
Views: 7
The petitioner, as State Relief Administrator, and State Relief Commission of the State of California, seeks the issuance of a writ of mandamus directing and commanding Harry B. Riley, as the Controller of this state, to set up on the books of his office for the 1937-1939 bien *167 nium the sum of $48,000,000 for the relief from hardship and destitution due to and caused by unemployment, whic...
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We are here confronted with another phase of the protracted litigation that has been waged on *169several fronts by the members and trustees of The Colburn Biological Institute, a nonprofit corporation, for control of the organization and its properties. Upon a prior appeal wherein the opposing factions likewise were at loggerheads, we affirmed a judgment of the Superior Court of Los Angeles Count...
Views: 0
Plaintiff, A. S. Koyer, was the owner of certain unimproved property in the counties of Los Angeles and Imperial. C. L. McComber was the owner of an apartment house in the city of Long Beach known as the Terry apartments. On May 18, 1932, they entered into an agreement whereby the plaintiff, A. S. Koyer, agreed to exchange his unimproved real property for the Terry apartments owned by C. L. McCom...
Views: 13
The purpose of this proceeding is to review an order of the Railroad Commission reducing the tolls for automobiles and passengers over the Carquinez bridge. The main question is whether the rates so fixed are so low as to be confiscatory. Other questions also require determination. On February 5, 1923, the board of supervisors of Contra Costa County granted to the Rodeo-Vallejo Ferry Compa...
Views: 10
The defendant was convicted in the Superior Court of the County of Los Angeles of murder of the first degree and his punishment was fixed by the jury at life imprisonment at the state prison. His appeal, taken to the Second Appellate District, Division Two, District Court of Appeal, was dismissed by order of said court on the grounds that appellant had failed to file within five days after giving...
Views: 11
This proceeding is a review (as distinguished from certiorari) of an action of the board of governors of The State Bar, wherein by a vote of ten members voting in favor thereof, as opposed by a vote of three members, it was recommended to this court that the petitioner herein, Fred J. Furman, “be disbarred from the practice of the law in the State of California”. Prior to the present...
Views: 8
On June 28, 1937, Gertrude E. Kamla, wife to Peter Kamla, made complaint to local administrative committee number nine of The State Bar of California, charg*231ing petitioner, a member of said State Bar, with defrauding ¡complainant and her husband of the sum of three hundred dollars by a scheme devised by him, whereby he was to form a Nevada corporation in which the Kamlas and petitioner and his ...
Views: 1
This is the second appeal in this action. In 1931 plaintiff succeeded to the title of the patentee of two tideland lots in Newport bay. At the time of issuance of the patent by the state in 1907, and for many years thereafter, said lots constituted an island in the bay at low tide, but at high tide were completely submerged to such a depth that rowboats could navigate over them. In 1927 the sta...
Views: 3
Motion to dismiss appeal. This action was commenced by plaintiffs, suing as taxpayers and owners of real property in defendant city, for the purpose of having certain assessments and tax levies for the year 1931-1932 declared irregular aiid void, and to enjoin the city and its officers from executing or accepting deeds to certain real property, belonging to these plaintiffs and others, and from...
Views: 4
Respondents, as owners of property in a residential zone, instituted this proceeding in mandamus to compel the Building Inspector of the city of Piedmont to issue them a building permit to erect a business structure thereon. Prom a judgment ordering the Building Inspector to issue the permit, this appeal is taken. The city of Piedmont embraces within its corporate limits about 1100 acres and ...
Views: 22
This action was. brought by plaintiffs in the superior court. The complaint contained four counts. The first count alleged that plaintiffs delivered $700 to defendant Charles Greenberg, which money he was to use for the purpose of purchasing certain real property for them; that, however, after accepting and receiving the $700 for that purpose, he purchased the property in his own name and convert...
Views: 12
On October 17, 1936, Mrs. Essie Alfrey died testate, leaving her property valued at $3,250 to her *256 surviving daughters. The will named one of the daughters, appellant herein, as executrix. Although appellant had immediate knowledge of her mother’s death, she failed to petition for letters testamentary until more than four months had elapsed. Meanwhile respondent herein, the nominee of anoth...
Views: 0
In this action to compel foreclosure of a deed of trust given to secure a $2,000 promissory note, W. C. Dalzell appeared as a defendant, as cross-complainant, and also as counsel for himself and defendant Mary Louise Baker. Upon trial of the cause the court entered judgment in favor of plaintiff. W. C. Dalzell filed notice of appeal on behalf of himself and Mary Louise Baker. Thereafter Mary Louis...
Views: 0
In this action the trial court entered a decree for plaintiff, quieting her title to a parcel of real property in Los Angeles County, and allowing her costs in the sum of $23.30. Defendant Anna Meadville, wife of defendant G. G. Meadville, appealed. Plaintiff now moves to dismiss the appeal or affirm the decree. The appeal does not present any substantial question. Appellant contends that as she w...
Views: 10
This is a proceeding to review the recommendation of the board of governors of The State Bar that petitioner be suspended from the practice of law for a period of two years. In the order to show cause, issued by local administrative committee No. 2 of the city and county of San Francisco, petitioner was cited before said committee to show cause why he should not be disciplined for professional ...
Views: 12
This case presents, among other questions, the application of the statute of limitations to an action brought to recover upon a book account the balance which the plaintiff claims is due him for services rendered to the defendant over a period of many years. By a separate appeal from an order denying its motion to tax costs, the defendant challenges certain items of the cost bill. The District ...
Views: 6
Motion to dismiss appeal for failure to file a record on appeal within the prescribed period. The motion is supported by a certificate of the county clerk, which shows the following facts: On December 9, 1936, the trial court rendered judgment in favor of defendants and against plaintiffs. This judgment was entered May 8, 1937. On July 10th motion for new trial was heard and denied, and on July...
Views: 0
This proceeding concerns the custodial status of Dion Anthony Fay, born February 5, 1932, and adopted in December of the same year by these parties, plaintiff Barbara Stanwyck Fay and defendant Frank Fay. In the fall of 1935, after about seven years of marriage, plaintiff and defendant separated, and on December 30, 1935, plaintiff obtained an interlocutory decree of divorce from defendant. This ...
Views: 10
Plaintiff, as trustee for the collection and disbursement of a fund in which defendants asserted respective interests, brought this action for declaratory relief. He alleged that he had collected and disbursed about $50,000, but that because of conflicting claims of some of the parties he had been unable to distribute the further sum of $1506.36. He prayed that defendants be required to set forth...
Views: 1
This action was brought to set aside a conveyance and assignment of real and personal property made by defendant Timothy Hartnett to his wife, defendant Emma Hartnett, for the alleged purpose of defrauding his creditors. Plaintiff had judgment. Defendant Timothy Hartnett appealed. Plaintiff now moves to dismiss the appeal or affirm the judgment. No substantial question is presented by the appeal....
Views: 4
The following statement of facts upon which this action is based is expressly approved by the appellants, and impliedly by the respondent. We, therefore, accept it as the true factual situation of the parties in this action. This appeal was taken from a judgment for the defendant in an action at law for damages claimed because of changes in the design and construction of a building made in...
Views: 17
By this proceeding the petitioners seek a writ of mandate directed to the respondent court requiring the issuance of a writ of execution upon a judgment in their favor. They also ask that a writ of prohibition issue to prevent the superior court from making an order dispensing with a bond on the appeal of Security Title Insurance and Guarantee Company from the judgment. The petitioners are...
Views: 6
In an information filed by the district attorney of Alameda County the defendant was charged with the murder of three human beings. He entered pleas of not guilty and not guilty by reason of insanity. Thereafter defendant withdrew his plea on the general issue and entered a plea of guilty to each charge. Upon waiver of a jury, defendant went to trial before the court on the sanity issue alone. Up...
Views: 19
Plaintiff prosecutes this appeal from a judgment entered for defendant high school district after sustaining of its demurrer to the complaint without leave to amend. Plaintiff, sixteen years of age, brought this action to recover damages for personal injuries received when *313 she was struck by a garbage truck on the grounds of the Castlemont High School, a public high school in t...
Views: 8
Motion to dismiss appeal on the ground that the notice of appeal was given prior to the entry of judgment and, therefore, the appeal was prematurely taken. It is well settled in this state that an appeal from a judgment taken prior to the rendition of the judgment is prematurely taken and does not vest the appellate court with jurisdiction to entertain the attempted appeal. (Aspegren & C...
Views: 11
12 Cal.2d 324 (1938) JUSTESEN'S FOOD STORES, INC. (a Corporation), Appellant, v. CITY OF TULARE (a Municipal Corporation) et al., Respondents. L. A. No. 16060. Supreme Court of California. In Bank. November 14, 1938. Hugo McKinley and Joseph A. Brown for Appellant. Breed, Burpee & Robinson, as Amici Curiae, on Behalf of Appellant. Israel H. Ham, City Attorney, for Respondents. Orrick, ...
Views: 19
This is an action for the reasonable value of services alleged to have been performed by the plaintiff, a claim therefor having been filed with the executor of the estate of Ida Pricke and rejected. Ida Pricke and her husband, August Pricke, ran a bakery in Los Angeles, and lived in the same building. A cousin of Mrs. Pricke, Meta Klatt, who was then seventeen years of age, arrived in Los ...
Views: 16
12 Cal.2d 348 (1938) M. R. SYLER, Respondent, v. HERMANN E. KATZER, as Executor, etc., Appellant. Sac. No. 5192. Supreme Court of California. In Bank. November 16, 1938. King & King for Appellant. T. F. Peterson for Respondent. LANGDON, J. Plaintiff brought an action to recover for the value of services performed by him to the decedent, H. G. Halkett, during his lifetime. The complaint...
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This is an action by a bondholder to set aside purchases by an irrigation district of its own bonds from other bondholders. Provident Irrigation District was organized in April, 1918, under the provisions of the California Irrigation District Act (Deering’s Gen. Laws, Act 3854, p. 1948), with an area of some 22,805 acres. Two bond issues were sold, one in 1918 and the second in 1921, in the tot...
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Plaintiff El Camino Irrigation District was organized April 12, 1921, under the California Irrigation District Act, and comprises 7546.5 acres of land in Tehama County. Its outstanding bonds, issued on November 1, 1926, now amount to $423,000. Defendant El Camino Land Corporation is the owner of about $302,000 of said bonds. In October, 1935, said defendant brought an action against the distric...
Views: 6
This is an action by an unpaid bondholder of an irrigation district seeking partition of the lands of the said district which were deeded to the district after default in assessment. The complaint alleges the following facts. Defendant Compton-Delevan Irrigation District was organized in 1920 under the California Irrigation District Act.. It issued over $300,000 worth of bonds to finance its wo...
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A hearing was granted in this ease in order that it might be considered in connection with certain other eases dealing with related matters then pending in this court, namely, Provident Land Corp. v. Zumwalt, Sac. 5133 (ante, p. 365 [85 Pac. (2d) 116]), El Camino Irr. Dist. v. El Camino Land Corp., Sac. 5161 (ante, p. 378 [85 Pac. (2d) 123]), and Clough v. Compton-Delevan Irr. Dist...
Views: 5
This is an action by an assignee for collection to recover the reasonable value of legal services rendered for defendant herein in a separate maintenance action wherein a decree was rendered in her favor. The present action also includes the claim of a detective agency, assigned to plaintiff, for services performed in connection with the action. The legal services in question were performed by th...
Views: 9
The defendants have made motions to dismiss the appeal of the plaintiff. *404 As the surviving widow of Mark Casner, the plaintiff commenced an action for damages for his wrongful death. The complaint alleges that he was struck by an automobile owned by the defendant, Daily News Company, thrown on the track of the defendant, Market Street Railway Company, and run over by one of its street car...
Views: 11
The appeal in this action which was determined by the District Court of Appeal, Second Appellate District, Division Two, was ordered to be heard in this court in order that more careful consideration thereafter might be afforded than was practicable at and preceding the date upon which such hearing was granted. Following an examination of the points of law as they have been presented in the sever...
Views: 5
By this action for an injunction and declaratory relief the plaintiff sought to test the validity of the emergency clause of Statutes of 1937, page 153. That act repealed the act of 1,929 (Stats. 1929, p. 357), which provided for the payment of retirement compensation to teachers and other employees. The act of 1929 was declared unconstitutional in Los Angeles City School Dist. v. ...
Views: 13
The three plaintiffs allege that they paid in full a deficiency judgment entered against them and six other persons after a mortgage foreclosure sale. They bring the present action against the executrix of the estate of one-of said six judgment debtors to recover his proportionate part of the debt paid by plaintiffs. Defendant executrix prosecutes this appeal from a judgment that she is liable ...
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Petition for writ of mandate. Petitioners sought to obtain oil prospecting permits under the Mineral Leasing Act of 1921 (Stats. 1921, chap. 303, p. 404), and *441 subsequent amendments thereto, on certain lands situated respectively in the cities of Long Beach and Los Angeles, within the respective harbor districts thereof. The petitioners contended that the lands were tide and submerged lands...
Views: 14
12 Cal.2d 445 (1938) ED PORTER et al., Respondents, v. NANETTE HOFMAN, Appellant. Sac. No. 5244. Supreme Court of California. In Bank. December 20, 1938. H. L. Preston and Lilburn Gibson for Appellant. Charles Kasch for Respondents. SHENK, J. The plaintiffs obtained a judgment in damages for personal injuries to the plaintiff, Mrs. Porter, sustained when the automobile in which she was rid...
Views: 17
The petitioner in this original proceeding seeks a writ of mandate to compel the respondent Judge of the Superior Court of Los Angeles County to settle a proposed bill of exceptions which was presented in connection with her appeal from an order made after final judgment in a divorce action. The judge refused to settle the bill and, upon motion of the defendant, made an order striking it from the...
Views: 3
By this proceeding for certiorari petitioner seeks a review and annulment of two orders of the San Francisco Superior Court sitting in probate, to wit: an order made on May 14, 1937, setting aside a prior order admitting to probate the last will of John Ivory, deceased, and an order made on March 1, 1938, dismissing the probate proceeding for lack of jurisdiction. Petitioner is ...
Views: 16
Whereas this proceeding was instituted by the filing of a petition to review the proceedings and recommendation of The State Bar, record of which was filed herein April 21, 1938, under Bar Mise. 1541, and since the filing of said petition and the order granting a review, the petitioner has been ordered disbarred by order of this court dated November 9, 1938, under Bar Mise. No. 1527, and by reason...
Views: 2
This is an application to review a recommendation of the Board of Governors of The State Bar that petitioner be disbarred. *463 The record shows that in 1936 Benjamin Zimmer, the owner of a cafe in Hollywood, consulted his attorney, Louis Feinstein, to obtain legal services and a loan of money. Feinstein lent him about $300 and incorporated the business. In return for this assista...
Views: 3
The defendants William Martin and Edwin W. Spotts were jointly accused by information filed in the Superior Court of Los Angeles County of having murdered Sam Tanner, on or about January 8, 1938, in the city of Los Angeles. They were tried together and convicted of murder of the first degree without any recommendation by the jury that a lesser punishment than the extreme penalty should be imposed....
Views: 0
Following an appeal from a judgment by which the corpus of a testamentary trust was ordered to be distributed, this court by its decision in Estate of Wallace, filed May 31, 1938, 11 Cal. (2d) 338 [79 Pac. (2d) 1094], reversed the said judgment, without having made any order therein with respect to the costs incurred on said appeal, pursuant to the provisions of section 12...
Views: 6
This is an appeal from a judgment for damages in an action for fraud. The complaint charged fraud and false representations on the part of the defendant inducing the plaintiff to enter upon and consummate an exchange of three parcels of property owned by her in Detroit, Michigan, and Pasadena, California, for a lot at the corner of Third Street and Hobart Avenue in the city of Los Angeles, on w...
Views: 18
This is a companion case to Provident Land Corp. v. Zumwalt, Sac. No. 5133 (ante, p. 365 [85 Pac. (2d) 116]), this day decided. The issues raised are identical, and the decision therein is controlling. For the reasons stated in said ease, the judgment is reversed with directions to the trial court to overrule the demurrers and permit defendants to answer if they deem it advisable to do so. Reheari...
Views: 0
A petition for the issuance of a writ of mandate directed to respondents herein to compel the issu- ’ anee by them of oil prospecting permits on certain lands allegedly situated within the harbor district of the city of Long Beach, was filed by petitioner in this proceeding, in the District Court of Appeal, Second Appellate District, Division One. An alternative writ of mandate was issued therein....
Views: 8
This is a companion ease to Provident Land Corp. v. Zumwalt, Sac. No. 5133 (ante, p. 365 [85 Pac. (2d) 116]), this day decided. The issues raised are identical, and the decision therein is controlling. For the reasons stated in said case, the judgment is reversed with directions to the trial court to overrule the demurrers and permit defendants to answer if they deem it advisable to do so. Reheari...
Views: 0

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