Court Cases Court Cases

  Most Popular Cases Tab Overlap Cases with Faces Tab Overlap Cases by Type Tab Overlap Cases by Reporter Tab Overlap Cases by Year Right End

All Reporters → p → Volume 238

Opinions in p Volume 238

The relator was a civil service employee in the lighting department of the city of Seattle, and on May 2, 1924, was suspended from his work by the appellant Ross, the superintendent of that department, for the reason that he had been arrested on a charge of tampering with electric current meters. From May 2 to the following October 2 the relator was regularly suspended for a period of thirty days ...
Views: 8
— The plaintiff, having stood on his complaint after a demurrer thereto had been sustained, a judgment was entered dismissing the-action. The complaint alleged that the plaintiff was a stevedore, working for the defendant; that the ship was being loaded with heavy timbers which were on a scow or barge anchored alongside the vessel; that, ordinarily, in loading heavy timbers, grab-hooks are atta...
Views: 1
This case is presented here on the findings, conclusions and judgment of the trial court. Those findings that are essential in disposing of the case are substantially as follows: The First National Bank of Odessa commenced the foreclosure of a chattel mortgage by notice and sale through the sheriff's office, against August Giese and wife. The sheriff took possession not only of all the chattels de...
Views: 3
This appeal involves the ownership of, and the right to, three certificates of deposit which appellant, in whose name they stand and to whom they were issued by the banks of deposit, claims as a gift from her deceased husband, John Gerry. Respondents are the children of the deceased and his first wife, whose name was also Sarah Gerry. Respondents contend that the certificates of deposit represent ...
Views: 0
Bert Ward was charged with the crime of incest, committed with his daughter, eighteen years of age, was found guilty, and has appealed from a judgment and sentence upon the verdict. It is claimed that the evidence was insufficient to show that the act complained of occurred in the county alleged. This assignment is without merit, in our opinion. The conviction was had upon the testimony of the dau...
Views: 0
The J.R. Watkins Company is a Minnesota corporation, located at Winona. It is engaged in manufacturing and selling medicines, extracts and other articles. It appears that, prior to the date of the contract on which this action was brought, the defendant Denbeigh had been engaged in selling merchandise furnished by the corporation in a certain portion of the state of Washington, on account of which...
Views: 0
This is an action on an account. The account is a long and complicated one, extending from 1918 to near the end of 1922. The sum demanded by respondent was $449.06, together with interest at the legal rate from November 12, 1921, until paid. The court allowed the sum of $422.16, with interest from *Page 513 the date of the last item, and stated, "this is approximately the amount Mrs. Hanson admit...
Views: 1
— Appellant was prosecuted in the police court for Olympia, and in the justice court for Thurston county, for the offense of having intoxicating liquor in his possession, in violation of the laws of this state. The charge in each case was based on the same state of facts, and the two cases were consolidated and tried jointly. Prior to the hearing, a motion to suppress the evidence seized was inte...
Views: 0
NEWHAGEN had a verdict and judgment against *Page 472 plaintiffs in error for damage to his automobile caused by a collision, the result of negligence of Haeffner in driving the autobus of the other plaintiffs in error, his codefendants below, and they bring the case here on error. The collision occurred at the intersection of the Littleton paved road and Hampton road in the town of Sheridan. The...
Views: 5
DEFENDANT in error was a passenger guest in the automobile driven by Mrs. Newhagen, mentioned in our opinion in St. Mary's Academy v. Newhagen, q. v., which was *Page 465 argued with this case. We there held that Mrs. Newhagen was guilty of contributory negligence which was imputed to her husband, and we reversed the case accordingly. In the present case the plaintiff below had judgment for $6,00...
Views: 16
delivered the opinion of the court. This case must follow that of the same plaintiffs in error v. Frank Solomon, 77 Colo 463. The plaintiff and de *475 fendant in error here is the wife of Frank Solomon mentioned in his case. Judgment affirmed. Mr. Chief Justice Allen and Mr. Justice Sheafor concur. ...
Views: 2
PLAINTIFF in error, hereinafter referred to as defendant, was found guilty of murder in the second degree and sentenced to the penitentiary for a term of twelve to *Page 548 fifteen years. To review that judgment he brings error. The twenty-two assignments are presented under ten propositions and we shall so consider them, stating them more briefly, however, and in different order: (1) The eviden...
Views: 2
THE plaintiff in error was defendant in the trial court, where defendants in error were plaintiffs. We refer to them hereafter in accordance with the alignment there. Plaintiffs are law partners, residing and practicing in Colorado Springs, El Paso county. They claimed a balance due them from defendant for legal services, and recovered judgment on a verdict of the jury in the sum of $64,000 and c...
Views: 6
delivered the opinion of the court. On the first day of September, 1922, Lee & Shay, the defendants in this action, entered into a feeding contract with L. T. Winger, by the terms of which Winger received sixty to seventy-five head of cattle on October 15, 1922, and promised to feed them for a period of five months from that date and to deliver them back to Lee & Shay, the owner...
Views: 0
THE plaintiffs had judgment below. The parties will be designated here as in that court. The plaintiffs entered into a written contract, dated May 5, 1920, with the defendants, for the purchase of a farm in Jefferson county, and paid thereon $5,000, as a part of the purchase price. The full purchase price was $35,000. The contract provided for a payment of $10,000 *Page 541 on or before November ...
Views: 4
THESE parties appeared in reverse order in the trial court and are hereinafter referred to as there. Plaintiff, a stock brokerage concern, brought suit against defendant. one of its customers, for $1,000 balance on *Page 497 account. Verdict was for defendant. Plaintiff moved for judgment notwithstanding the verdict. That motion was sustained. To review the judgment so entered defendant bring...
Views: 0
GREEN brought a suit to quiet title against Halsted and others. Only the City of Denver answered, the others defaulted. Trial was had and judgment for the plaintiff. Some months afterwards, but within the term, the defendant Richardson applied for leave to answer and to set aside the judgment; this was granted as to all defendants and upon another trial the court found for the defendants and plain...
Views: 0
SMITH brought mandamus against the building inspector, Williams, to compel him to issue a permit for a public garage. She obtained a judgment; the case was brought here and reversed, 76 Colo. 151, 230 P. 395. The ground of reversal was that an issue of fact, that is, whether plaintiff had expended money on the faith of a permit which had been afterwards revoked, was still undetermined. That issue ...
Views: 1
IN a special proceeding pending in the Denver county court based on subdivision 9 of section 6369, C. L. 1921, the forcible entry and detainer act, there was a judgment against the vendee occupant, to review which he sued out this writ of error and applied for a supersedeas. The vendor landlord counters wth [with] a motion to dismiss the "appeal" for failure of plaintiff in error to file in the co...
Views: 0
PLAINTIFF in error was plaintiff, and defendant in error was defendant, in the trial court, and we hereinafter so refer to them. The action was for rent for a warehouse. Trial was to the court without a jury and plaintiff had judgment for less than its claim. To review that judgment it brings error. The deficiency of which plaintiff complains was in the rent allowed for a portion of the term and a...
Views: 0
delivered the opinion of the court. Defendant in error was the duly appointed, qualified and acting adjutant general of Colorado. The Governor assumed to remove him. Defendant declined to surrender the office and this action in quo warranto was brought to try title thereto. Judgment was for defendant and plaintiff brings error. *518Newlon was appointed “colonel and adjutant general” by Governor Sh...
Views: 0
delivered the opinion of the court. Upon trial to the court Hoskins had judgment against Dawe in an action to recover his (Hoskins’) share of the price of a certain warehouse and other buildings in Trinidad, which he claimed had been purchased by Dawe, and the case comes here for review. There were three *502 causes of action stated, but the court found for defendant on the second and third a...
Views: 0
1. CRIMINAL LAW – False Pretenses – Instruction. To constitute the crime of obtaining money by false pretenses, it is not necessary that the prosecutor should suffer a pecuniary loss, and an Instruction to the jury announcing a contrary rule, is erroneous. DEFENDANT in error was prosecuted for obtaining money by false pretenses. A verdict of not guilty was returned by the jury and the district a...
Views: 3
delivered the opinion of the court. Defendant in error, May Fluke, brought this action against plaintiff in error Ebert, for a foreclosure of a trust deed upon real estate and water rights belonging thereto for a failure of defendant to pay his promissory notes and interest thereon which the trust deed was given to secure, and for breaches by the defendant of other covenants of the trust deed, ...
Views: 0
PLAINTIFF in error, contestor, challenges the right of defendant in error, contestee, to the office of county commissioner in Kit Carson county. They were opposing candidates at the general election held on November 4, 1924. After the election, the county board of canvassers canvassed the vote and on November 15, 1924, made an abstract of votes, which showed that Gray, the contestor, had received ...
Views: 8
THIS is a companion case to Gray v. Huntley, 77 Colo. 478,238 P. 53 decided at this time. This case involves the office of county judge of Kit Carson county, and came here from the district court there; the other was over the office of county commissioner for the third commissioner's district of the same county and was tried in the county court. This case, being a contest over the office of county...
Views: 0
WINBOURN, the plaintiff in error, was defendant below. The defendant in error, Crump, as plaintiff below, and the other defendants in error as interveners in an attachment proceeding, recovered judgment against defendant on a trial to a jury. He brings error. The rights of the defendants in error, the respective plaintiff and interveners in the court below, are similar, and the legal principles in...
Views: 0
THE plaintiff Boyer is the son of Mary Tait by her first husband, after whose death she married defendant Felix Tait. During the marriage of the Taits, and in the year 1921, Mrs. Tait made a deed to her husband, the defendant, of several different tracts of real estate, legal record title of which at the time was in her. Two or three years after his mother's death the son, the plaintiff Boyer, as...
Views: 3
delivered the opinion of the court. This is an action to recover a commission for the sale of real estate. Plaintiff was nonsuited. Judgment for defendant. Plaintiff brings the case here for review, and applies for a supersedeas. The question presented is whether plaintiff, as broker, suing on a contract to pay a commission for the sale of property, is entitled to recover upon proof that th...
Views: 6
THE plaintiff in error was defeated on trial to the court of a garnishment against the bank and Schmidt upon an execution against the Romingers, and brings error. The essential facts, of which there was an agreed statement, were as follows: October 24, 1923, the company obtained a judgment against the Romingers; October 30, 1923, the Romingers gave the bank a note for $891, due in eight months, an...
Views: 4
THIS is an action by a judgment creditor against A. L. Roper, the judgment debtor, Ida M. Roper, and Ella M. Browning, to set aside a deed given by A. L. Roper to defendant Browning, conveying a quarter section of land. It is alleged in the complaint that the deed was made for the purpose of hindering and delaying plaintiff in the collection of his judgment debt, and without any consideration. The...
Views: 1
THIS is a controversy between the town of Berthoud, a municipal corporation, plaintiff in the action, and several ditch and reservoir companies. The state and division water officials of water district No. 4, are only nominal parties defendant. In 1883 in an appropriate statutory proceeding in this water district, priorities were awarded to the defendants' ditches or canals and in 1890, in a suppl...
Views: 6
PLAINTIFFS in error brought suit for the rescission of a contract entered into between plaintiffs in error and defendants in error Wilkins, Alley, and Collins, and against Katherine M. Christeson for the sale by defendants to plaintiffs of the furniture in the rooming house of hotel known as the Delevan Hotel, in Denver. The case was tried to the court, and at the conclusion of the plaintiffs' evi...
Views: 10
THE information in this case charged that William Bright and Louise Berg, in Yuma county, from the first day of August, 1923, to the first day of September, 1923, *Page 564 unlawfully and wantonly did live together in an open state of adultery, the parties being married, but not to each other. The information was filed under section 6837, C. L. 1921, which provides, inter alia, that "any man and ...
Views: 0
John Iburg made a will in 1921, leaving all his property to his friend, John Carlson, and appointing him his executor. Thereafter, in 1924, he made a holographic will, leaving all his property to his sister, Henrietta Wollesen. The latter instrument contained no words of revocation and did not appoint an executor. Upon Iburg's death, shortly after making the second will, each of the *Page 334 doc...
Views: 11
Appellant appeals from an order refusing probate to a purported will, admitting to probate a subsequently executed document, and granting letters testamentary with the will annexed to respondent. The question in the case is whether a will of William J. Danford, deceased, dated September 15, 1920, appointing appellant executrix thereof, was revoked by a later will dated September 9, 1922, in which ...
Views: 7
THE COURT. This matter is before us upon respondents' motion to dismiss the appeal. The action is in partition. Plaintiffs, in their amended complaint, allege that the plaintiff G.E. Reed and the defendant T.C. Murphy are the owners as tenants in common of the premises described in the complaint; that the said plaintiff has an estate therein to the extent of an undivided one-half interest in fee, ...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 382 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 383 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
Views: 6
THE COURT. This is a motion to affirm the judgment upon the ground that no reporter's transcript has been settled, certified, or filed upon this appeal, the appeal having been taken pursuant to the provisions of Code of Civil Procedure, section 953a et seq. The record upon appeal now on file in this court consists of a "clerk's transcript," containing a certified copy of the judgment-roll, the not...
Views: 4
By complaint filed in the justice's court of Seal Beach township in the county of Orange petitioner was charged with the commission of a misdemeanor in that he did on or about the ninth day of November, 1923, drive an automobile on a public highway within said county at an excessive and unlawful rate of speed in excess of thirty-five miles an hour in violation of section 113 of the California Vehi...
Views: 1
Petitioner was convicted in a justice's court, upon a charge of misdemeanor in that he did willfully *Page 712 and unlawfully operate and drive an automobile upon a public highway of the county of Tulare at a rate of speed in excess of thirty-five miles an hour. From the judgment entered therein he appealed to the Superior Court. The appeal was presented to that Court on a statement of the case p...
Views: 0
On the twenty-first day of September, 1921, the plaintiff commenced an action against the defendant for divorce upon the grounds of desertion. In her complaint she asked for the custody of her three minor children and *Page 656 prayed for the sum of "$100.00 per month as alimony for the support and maintenance of herself and said minor children." On the 20th of October, 1921, a divorce was grante...
Views: 20
Appeal by plaintiffs from a judgment of nonsuit. The complaint alleges that between the seventeenth day of August and the seventeenth day of September, *Page 699 1923, plaintiffs delivered to defendant, at its special instance and request, at the city of Modesto, county of Stanislaus, state of California, twenty-six tons of Thompson seedless grapes owned by plaintiffs, to be sold by said defendan...
Views: 1
Action by plaintiff to recover damages for personal injuries sustained by the plaintiff, Jessie Waxman, in an automobile collision alleged to have occurred as the result of the negligent driving of an automobile by the defendant. Plaintiffs had judgment in the sum of $850. From said judgment the defendant appeals. It appears from the transcript that on the evening of January 30, 1921, the plaintif...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 603 The plaintiff, as owner, and George Balliet, as contractor, entered into a building contract containing the following provisions material to the determination of this appeal: "Whereas, the said owner is desirous that the hereinafter mentioned one story bu...
Views: 0
THE COURT. The defendants have appealed from the judgment herein in favor of the plaintiff. [1] This cause and that of Mazzera v. Ramsey et al.,ante, p. 601 [238 P. 101], were on the calendar for oral argument at the same time. In lieu of oral argument, each party has filed a single brief, covering both cases. In appellant's brief it is said: "The appeals in both cases are from judgments in favor ...
Views: 0
This action is based upon a claim for damages alleged to have been suffered to a carload of lettuce delivered by the plaintiff at San Fernando, California, for shipment to Des Moines, Iowa, by the defendant and its connecting lines. Judgment was rendered in favor of the plaintiff for the sum of $425.04, and from which judgment the defendant appeals. Two propositions are urged by appellant in suppo...
Views: 1
Action brought to recover of defendant and appellant the sum of $452.78, claimed by plaintiff and respondent to have been deposited by her with the Home Savings Bank of Los Angeles, predecessor of appellant. Appellant admits a balance of $52.78 to be due respondent, leaving $400 as the actual amount in controversy. Plaintiff maintained' both a commercial and a savings account with the Home Saving...
Views: 0
The action is one to recover damages alleged to have been suffered by the plaintiff to his truck, arising out of a collision between his truck and the defendant's street-car. The complaint charges that the defendant's car was at the time of the collision being "driven and operated at an excessive, dangerous and unlawful rate of speed and without any regard whatever for the safety of others using t...
Views: 0
By separate counts in the information the defendant was charged with two unlawful sales of intoxicating liquor, alleged to have been made on different days. She was convicted on both counts. Her motion for a new trial was denied. This appeal is from the judgment of conviction. One witness testified in detail that the defendant made the sales as alleged. The liquor described in the first count cont...
Views: 3
The defendant, the City of San Gabriel, was contemplating the installation of a municipal water system and entered into the following contract with plaintiff, a civil engineer: *108 “Contract of Employment, “This Agreement, made and entered into this 8th day of February, 1921. “Witness: That, whereas, the City of San Gabriel, California, being desirous of owning and operating a water syst...
Views: 0
Application for alternative writ of prohibition. By the petition, it appears that there is pending an action commenced by the city of San Diego against petitioners in the Superior Court of San Diego County, which action on change of venue was transferred to respondent Superior Court of the county of Orange. Said action is to be tried on June 15, 1925, and, unless prevented by the issuance of an al...
Views: 0
The defendant has appealed from the judgment herein in favor of the plaintiff. The complaint alleges and the court found that the defendant is indebted to plaintiff on an open book account for goods, wares, and merchandise, sold and delivered to defendant by plaintiff at his special instance and request, in the sum of $939.09, which was the reasonable value thereof, and which defendant agreed to p...
Views: 0
This is an action to recover from defendant the total sum of $634.65, alleged to be due plaintiff on two different accounts. The plaintiff is engaged in the lumber business, its principal place of business being in the city and county of San Francisco. One K. Benneche was, at the time that some of the transactions involved herein took place, the owner of a lumber business at Penn Grove, Sonoma ...
Views: 0
Action for the return of the purchase price paid for certain hay which was destroyed by fire prior to actual delivery. The facts are as follows: Hackfeld Company, Limited, a corporation, engaged in the export business (predecessor of plaintiff herein), and defendants Chas. E. Goss Son, a corporation, hay dealers of San Francisco, entered into a contract for the sale and purchase of some 800 tons...
Views: 2
Habeas corpus.Petitioner seeks to be released from the custody of the sheriff of the city and county of San Francisco upon the ground that he was illegally recommitted after having been released on bail pending an appeal from a judgment of conviction. The minute order upon which the recommitment is founded is in the following form: “In this matter it satisfactorily appearing to the court, that ...
Views: 0
This is an appeal by the defendants from a judgment against them in an action in which plaintiffs asked for a rescission of a contract by which they purchased certain land in the Imperial Valley from the defendants. Plaintiffs alleged that the contract had been induced by false and fraudulent representations, which allegations were denied by the defendants. In response to evidence offered by the p...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 750 This appeal is taken by the defendants from a judgment against them enforcing specific performance of an agreement between them and plaintiff for the exchange of real property. After a careful reading of a lengthy transcript upon appeal, it has become evi...
Views: 3
This is an appeal by the defendant from an order appointing a receiver to take charge of certain properties and collect the rents, issues, and profits thereof, pending an appeal in an action between the same parties arising out of an alleged breach of contract of exchange of said properties, which appeal has this day been decided by this court and the judgment affirmed. (Parry v. Campbell, ante, p...
Views: 1
Plaintiff brought this action as the assignee of certain materialmen to recover upon a builder's bond given for the benefit of the owners and, also, for all persons performing labor upon or furnishing materials to be used in the work described in the contract referred to in said bond, at the request of the contractor therein named. The bond also provided that it should inure to the benefit of all ...
Views: 0
Petition by A. Galletta for a writ of mandate to the Justice's Court of the City and County of San Francisco to recall and quash an execution issued from that court. An action was brought by respondent, Felix Lehman, against petitioner in said Justice's Court to recover the sum of $100. Judgment therefor was entered during the year 1915 and petitioner appealed therefrom on questions of law and fac...
Views: 0
Action to quiet title to certain lands. The complaint contains two counts – the first being one to quiet title, the other to recover the sum of $600, as money paid on the contract to purchase certain real property. The facts are as follows: On or about the twelfth day of June, 1916, Ewing, McDaniel Meux, a corporation, entered into an agreement with A.P. Weatherbee and R.S. Weatherbee, assignors ...
Views: 3
This action is for the recovery of a real estate broker's commission in the sum of fifteen hundred dollars. The case was tried by the court without a jury and judgment went for the defendants. From this judgment, and the order denying a new trial, the plaintiff prosecutes this appeal. The facts necessary for a correct understanding of the questions involved on this appeal can be thus briefly state...
Views: 0
Respondent Lillian Fisk Jaeger was formerly the wife of Samuel Allen Jaeger, an incompetent person, who appears as appellant herein by James R. Edwards, the guardian of his estate. The only issue of the marriage was Pualeilani Jaeger, a minor, whose age at the date of the orders hereinafter mentioned was four years, and of whose person and estate respondent has since June 23, 1922, been the duly a...
Views: 5
This is an appeal by the defendant from a judgment upon a verdict- of a jury finding him guilty of murder. Appellant’s statement of facts fairly summarizes the outstanding features of the record, which are: Lum Wing Lock, the deceased, lived in a room on the second floor of a building on Grant Avenue in San Francisco, California. Another room close by was occupied by his son, Lum Sing Gum, and ...
Views: 0
This is an appeal by the defendant from a judgment rendered against him in an action commenced by the plaintiff to recover $17,000 alleged to have been loaned by the plaintiff to the defendant. The appellant has brought up the judgment-roll ando a bill of exceptions—a record consisting of 1,500 pages. The appellant has filed three briefs and the respondent has filed three. Those facts will account...
Views: 0
Prior to the transactions herein set forth R.N. Hicks was in possession of the lands involved in this suit, under an executory contract of sale thereof to him by the Natomas Company, one of the defendants. The contract, dated December 27, 1917, provides for a payment *Page 727 of $1,873.25 at the time of the execution thereof and annual installments of $499.54 on December 27th of every year there...
Views: 0
This action is for damages for the alleged breach of two several contracts alleged to have been entered into between the plaintiff and the defendant, whereby, so it is alleged, the latter sold and agreed to deliver to the former *Page 788 two several lots of "Thompson's Seedless raisins, soda dipped," at a certain specified price. The complaint is in two counts. The first is founded upon an agree...
Views: 1
Certiorari. During the years 1922 to 1924, inclusive, petitioner was duly licensed in this state in the business of "acting as a broker for corporate securities." On December 6, 1924, he filed with the Corporation Commissioner his application for a renewal of his state license to continue in such business. Thereupon the Corporation Commissioner caused to be served on petitioner a "citation" requir...
Views: 4
Plaintiff, a widow, sued to recover damages for the death of her minor son, alleged to have been caused by the negligence of the defendant. She was given judgment and the defendant has appealed. Respondent objects to the consideration of the evidence on the ground that appellant's request for a transcript thereof was not filed in time. To uphold the contention would be to affirm the judgment, no e...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 116 These two actions were tried together, and resulted in judgments of nonsuit, from which judgments plaintiff appeals. The principal question presented is whether the defendants, as vendees, under installment contracts to purchase land, after having made pa...
Views: 0
A partnership agreement was executed in writing on October 7, 1918, by W.K. Lee, Louis Zimmer, and William Lingg, for the purpose of cultivating, seeding, harvesting, and marketing the products of certain agricultural lands in Kern County. The contract provided that Lee should furnish the lands, which he held under a lease from the Lerdo Land Company, and all stock, teams, and implements necessary...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 775 Henry S. Rollins was for a number of years a practicing attorney in the city of Los Angeles. Some years prior to his death he became estranged from his wife, and this estrangement resulted in a legal separation of the parties. They had four children, one ...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 46 This is an action to recover personal property seized by defendant, the sheriff of San Diego County, under a writ of attachment issued in an action against plaintiff's assignors. The complaint alleges that plaintiff is the owner and entitled to the possess...
Views: 5
This appeal involves two cases, the Weber Chimmey Company v. Blackwell Hospital Company, No. 7519, and the Weber Chimmey Company v. Lowery, Gearhart and Orvis, No. 7520, consolidated in this court as case No. 14306, brought to recover damages for wrongful garnishment. Plaintiff alleges in its petition that it was entitled to recover the legal rate of interest on the money garnisheed for the length...
Views: 0
This appeal is prosecuted by Harry Barnett, Robert Huston and John Huston, a copartnership, doing business under the firm style and name of Barnett Huston, plaintiffs in error, defendants below, to reverse a judgment of the district court of Noble county rendered on October 27, 1923, whereby the defendant in error, as plaintiff, in said court recovered a judgment against the plaintiffs in error i...
Views: 1
The Blackstone Coal Mining Company, which was in possession of coal mining property was ejected by one Sheward et al., who continued in the possession and operated the mine for sometime. The Blackstone Coal Mining Company brought an action against Sheward et al. for the possession of the mining property. Judgment went for the mining company for the possession of the property, and the further ord...
Views: 0
Parties will be referred to as they appear in the trial court, inverse to their order here. Plaintiff had judgment against defendant on a promissory note, an asset of the defunct Bank of Commerce of Okmulgee, liquidated by plaintiff, from which judgment defendant appeals. The only issue raised by defendant Hardcastle was non assumpsit on certain alleged facts. By an opinion rendered herein, the ca...
Views: 0
W. A. Knight lost his life while an employ of the Missouri Pacific Railway Company as a switchman; Bertha Knight, his widow, as administratrix, commenced her action against the railway for the use and benefit of the estate of the decedent, and the next of kin; judgment went for the plaintiff, and was distributed to Bertha Knight, widow, Myrtle Knight, and Edward Knight, children of the deceased. D...
Views: 0
The parties hereto will be designated as they appeared in the trial court. Plaintiff alleges he entered into a contract with defendant whereby defendant was to erect a certain building in Alva, Okla., for which plaintiff was to pay defendant $10,000, payments to be made as follows, 80% of the contract price as the work progressed, and the balance, or 20%, upon final completion and acceptance of th...
Views: 0
Mickleson sued the Gypsy Oil Company in equity for the cancellation of an assignment of an oil and gas leasehold held by the defendant, and for the quieting of its title. Plaintiff sold certain oil and gas mining leaseholds covering 320 acres of land in Pawnee county, Okla., to the Gypsy Oil Company, and conveyed by an assignment containing the extraordinary and unusual provision: "It is further a...
Views: 1
G.F. Aaron, administrator, plaintiff in error, prosecutes this appeal to reverse an order of the district court of Bryan county, Okla., dismissing the appeal of the plaintiff in error wherein he sought to have the district court review the judgment of the county court settling his final report as administrator of the estate of Nettie Poteet, deceased. It appears from the record that G.F. Aaron was...
Views: 1
(1) This action was begun in the district court of Oklahoma county by Fred L. Miller to enjoin the State Treasurer and others from permitting moneys to be paid out of the state treasury under the provisions of House Bill No. 19, chapter 103, Session Laws of Oklahoma of 1924, entitled, "An act providing aid for weak school districts, making appropriation for the year ending June 30, 1924." The plai...
Views: 1
This was an action by the Oklahoma Press Publishing Company to recover for certain job printing and advertising matter furnished to the Eastern Oklahoma Agricultural Association. The plaintiff is the successor of the Phoenix *Page 20 Printing Company and the plaintiff took over and became the owner of all of the assets of said Phoenix Printing Company, among which being the item forming the basis...
Views: 0
Plaintiff alleges in his petition that he operated a threshing outfit in Kay county, Okla., during the year 1919, and for that reason he had a route laid out for his outfit, and that one George Sanford and these defendants requested him to leave his regular route and come to their various farms and thresh their wheat and oats "at a price thereafter to be set by the plaintiff, which was to be the r...
Views: 2
E. D. Mitchell and C. D. Jenal commenced their action against John T. Milner to recover for unpaid rentals alleged to be due the plaintiffs. The trial of the cause resulted in a judgment against the plaintiffs. The latter have appealed the cause to this court and assign several of the proceedings had in the trial of the cause as error for reversal. Among the several propositions submitted are: (1)...
Views: 0
This cause presents error from the district court of McIntosh county, Okla. The parties will be referred to as they appeared in the court below. On June 2, 1920, the plaintiffs, Tom Thompson, Sam Thompson, Sonny Thompson, Sarah Thompson, Rosa Thompson, Roman Thompson, and James Thompson, filed suit in the district court of McIntosh county, Okla., against the defendant in which they alleged that Ma...
Views: 0
The plaintiffs in error were found guilty of having possession of whisky, and by separate verdicts of a jury the punishment of each was assessed at a fine of $100 and confinement in the county jail for a period of 60 days. The plaintiffs in error urge that the evidence is insufficient to support the verdict. At the time of the alleged offense, plaintiffs in error, defendants in the trial court,...
Views: 0
The information in this case charges that on August 14, 1923, the defendant, Isparhecher Stevens, and Eli McNeal did transport intoxicating liquors from some place unknown to the 700 block, East Fifth street, in the city of Okmulgee. On the trial the jury returned two verdicts – one finding the defendant Eli McNeal not guilty; the other finding the defendant "Isparhecher Stevens guilty of transpor...
Views: 0
The plaintiff in error, Henry Severns, was convicted, and, in accordance with the verdict of the jury, was sentenced to pay a fine of $500, and to be confined in the county jail for six months, on an information *Page 282 charging that he did "have in his possession certain intoxicating liquor, to wit, 15 gallons of Choc beer and one quart of whisky; said Choc beer then and there containing more ...
Views: 0
The information in this case charges that in Love county, August 28, 1923, John Childress, Orton Townsend, and 0. Nichols “did then and there have in their possession intoxicating liquor, to wit, one-half gallon of corn whisky” with the unlawful intent to violate the prohibitory liquor laws of the state. On the trial the jury returned a verdict finding the defendants guilty as charged in the info...
Views: 0
The plaintiffs in error will be referred to as defendants, as in the court below. The defendants were convicted of grand larceny, and appeal. The error assigned for reversal is that the evidence was insufficient to sustain the verdict. See companion case of McDowell v. State, 30 Okla. Cr. 187, 234 P. 1109. The evidence was circumstantial, but shows about the following state of facts: On Sunday nig...
Views: 0
The information in this case charges that in Pittsburg county, on the 22d day of October, 1922, Albert Barnhill, Bert Barnhill, and John Barnhill did “have in their possession certain intoxicating liquor, to wit, about one gallon of whisky, with the unlawful intent” to sell the same. On the trial the jury found the defendants guilty, and fixed the punishment of each “at imprisonment in the county...
Views: 0
This is an appeal from a judgment of conviction rendered on the verdict of a jury finding the defendant, Herbert Menafee, guilty on a charge of selling one-half pint of whisky to one E.F. Osborne, and fixing his punishment at a fine of $100 and confinement in the county jail for 30 days. The petition alleges ten assignments of error. The record shows that two witnesses for the state testified to t...
Views: 0
The plaintiff in error, E. A. Hallmark, by verdict of a jury was found guilty of the illegal transportation of whisky, with his punishment fixed at a fine of $500 and confinement in the county jail for a *259 period of six months. After the overruling of a motion for a new trial, the court rendered judgment in accordance with the verdict. This case was regularly submitted at the March, 1925, ...
Views: 1
Two carpenters were working on a building at the outskirts of Waynoka and observed the defendant go to a place along the public highway, a quarter of a mile or more distant, and there stop; he then went on about 75 feet further and stopped again. The defendant retraced his steps and returned, passing the place where these carpenters were working. The two workmen then went to the places where th...
Views: 0
In the information in this case, the defendants Bill Mundell and Jeff Gilstrap were jointly informed against for the theft of a heifer, the personal property of George Fulson. Upon arraignment, the defendant Mundell pleaded guilty and testified as a witness for the state on the trial of the defendant Gilstrap. Upon his trial, a verdict of guilty was returned; the jury fixing his punishment at i...
Views: 0
The plaintiff in error will be referred to as defendant, as in the court below. From a conviction on a charge of unlawful possession of intoxicating liquors, the defendant has appealed, setting out various assignments of error challenging the constitutionality of the act by which the municipal criminal court was created, and assigning error of the court in trying the case to a jury after the defen...
Views: 0
Upon the motion of the Attorney General, and proof adduced in support thereof, it is made to appear that plaintiff in error at this time is not, and for a long time past has not been, within the jurisdiction of this court. The proof indicates that he is probably a fugitive from justice, or that he may not at this time be alive. Where a plaintiff in error has placed himself in a situation where ...
Views: 0
The plaintiff in error will be referred to as defendant, as in the court below. The defendant was convicted, in the district court of Dewey county, on a charge of assault with intent to rape, and has appealed. The case was filed in this court on November 10, 1923. No briefs have been filed either by the defendant or the state. We have examined the record, and have reached the conclusion that the ...
Views: 0
The plaintiff in error will be referred to as defendant, as in the court below. From a conviction on a charge of larceny of domestic animals, the defendant has appealed. The record discloses that the defendant and two others were jointly charged with the larceny of hogs from a car and from the stockyards at Stillwell. A severance was had and the defendant tried separately. The principal questio...
Views: 1
The information in this case charges that in Okmulgee county, April 15, 1923, Eobert Pierce and Malinda Pierce “did have possession of certain intoxicating liquors, to wit, one pint of corn whisky, with the unlawful intention on the part of them of selling the same,” and in accordance with the verdict of the jury they were each sentenced to pay a fine of $500 and to be confined in the county jail...
Views: 0
Plaintiff in error, defendant in the trial court, raises but one question in this appeal. He urges that the evidence is insufficient to support the verdict. The evidence shows that the defendant owned and operated a 320-acre farm about 6 miles from Enid; that his house and farm buildings were located about 300 yards from the intersection of two public highways at the corner of his farm, and tha...
Views: 0
The plaintiff in error was tried and convicted, and, in accordance with the verdict of the jury, was *Page 273 sentenced to pay a fine of $500 and to be confined in the county jail for 6 months, on an information charging that in McCurtain county, December 18, 1922, Frank Saucerman "did then and there unlawfully, willfully, and maliciously commit the crime of unlawful manufacture of whisky, with ...
Views: 0
The information in this case charges that in Marshall county, December 8, 1922, the defendants, Major Bonner and Judgson Bonner, did have in their possession 10% gallons of whisky with the unlawful intent to sell the same. On this separate trial, the jury returned a verdict finding the defendant Judgson Bonner guilty as charged in the information, and fixed his punishment at a fine of $50 and con...
Views: 0
This is an appeal from the district court of Oklahoma county, wherein plaintiff in error was convicted of burglary in the second degree, with his punishment assessed at two years' imprisonment in the state penitentiary. The record discloses the following facts: On February 10, 1923, the police officers of Oklahoma City were called to the Broadway Billiard Hall. Two officers who responded to the ca...
Views: 2
The information in this case charged that in Love county, July 22, 1923, Luke Simmons did “have in his possession about one hundred gallons of sour mash, the said mash mentioned aforesaid being then and there intoxicating liquors, containing more than one-half of one per cent, of alcohol by volume, contrary,” etc. By leave of court the information was amended by interlineation by adding the words...
Views: 0
The petitioner says that she is illegally restrained of her liberty by the sheriff of Oklahoma county; the facts as admitted by all parties being substantially as follows: The petitioner was tried in the county court of Oklahoma county for the offense of maintaining a liquor nuisance, and in said case, on October 17, 1921, was sentenced to serve 90 days in the county jail and to pay a fine of $300...
Views: 0
The information in this case charges that in Woodward county, January 6, 1923, J. A. Horn did unlawfully sell intoxicating liquor, to wit, one gallon of wine to Roy Johns, Clint Forsaythe, Lee McFadden, and Floyd Jones. On the trial the jury returned a verdict finding the defendant guilty as charged in the information and fixing his punishment at a fine of $50 and 30 days in the county jail. To r...
Views: 0
The information in this case charges: "That Reese Smith, Marvin Smith, Lester Harvey, Bunk Green, Jess Smith, and Ab Moore, did, in Love county, and in the state of Oklahoma, on or about the 28th day of November in the year of our Lord, 1923, and anterior to the presentment hereof, commit the crime of having sour mash in their possession in the manner and form as follows, to wit: That on the day a...
Views: 0
Plaintiff in error appeals from a conviction in the district court of Kiowa county on a charge of adultery and resulting sentence to pay a fine of $500 and be confined in the state reformatory at Granite for a term of one year. The Attorney General has filed a motion asking that this court modify said judgment and sentence to a fine of $500 and the payment of court costs by the plaintiff in error,...
Views: 0
Plaintiff in error, Paul Levy, was tried and convicted on an information charging that he did unlawfully transport intoxicating liquor from a certain point in the city of Guthrie, to his home in said city, and in accordance with the verdict of the jury was sentenced to be confined for 75 days in the county jail and to pay a fine of $200. To reverse the judgment he appeals. In the view we have take...
Views: 1
In March, 1925, the Legislature passed an act (chapter 118, Laws of Utah 1925), known as a "Tax for Agricultural Inspection Fund." It, among other things, provides that: "The board of county commissioners of each county in the state of Utah shall levy at the time of the annual levy of taxes, a tax on all assessable property in each county of one-twelfth of a mill on the dollar to be used for agric...
Views: 0
James Neilson, the intervener, was granted a certificate of convenience and necessity by the Public Utilities Commission of Utah authorizing him to operate an automobile stage line *Page 459 carrying passengers and freight between Salt Lake City and Brighton, Utah. Brighton is a summer resort in the mountains at the head of Big Cottonwood Canyon about 30 miles easterly of Salt Lake City. About on...
Views: 6
The first and second paragraphs of appellants' brief filed in this court contain a comprehensive statement of the issues tried in the court below. The paragraphs referred to read as follows: "This is an action by plaintiffs against defendants for contribution on a certain alleged guaranty contract, Exhibit A, signed by plaintiffs and defendants as second parties, and Ellison-White Chautauqua Assoc...
Views: 1
In this action plaintiff sued to recover judgment upon a promissory note and decree of foreclosure upon a mortgage given to secure payment thereof, covering certain real estate situate in Weber county, Utah, executed by the Utah Serum Company. There were four mortgages upon the same property, all executed by the same mortgagor, held by different parties to the action, given to secure payment of pr...
Views: 0
It is alleged in the complaint in this case that plaintiffs Edward Wilcock and Don C. Liston, on April 2, 1918, sold to defendant, Eugene Baker, certain range cattle at the agreed price of $5,500 and that no part of the indebtedness has been paid except certain interest. It is also alleged that the debt became due and payable on or before October 1, 1921, and bore interest from October 1, 1917. Th...
Views: 1
Appellant was convicted of voluntary manslaughter and appeals. He was jointly accused with Pete Kukis and 12 others of the murder of A.P. Webb, in Carbon county, on June 14, 1922. Kukis was tried separately in Carbon county, and convicted of murder in the second degree, which conviction was affirmed by this court at the present term. State v. Kukis, 65 Utah ___, 237 P. 476. Appellant was granted a...
Views: 0
The plaintiff instituted this action to recover the sum of $7,500 and interest thereon, alleged to be due on an accident policy issued by the defendant to her husband, Charles Smith *Page 468 Carter, in which policy plaintiff is named as the beneficiary in case of death. The complaint in substance, alleges that the policy was issued to Carter on the 30th day of March, 1915, insuring him for a per...
Views: 8
This is an action at law for damages to a fur overcoat owned by plaintiff, which was delivered to defendant for the purpose of being cleaned and repaired. It was alleged that the coat was unskillfully, wrongfully, and negligently cut, mutilated, and marred, and parts of the fur wasted or converted, by the defendant, to the plaintiff’s damage in the sum of $400. The defense was a denial of any wro...
Views: 0
On Application for Rehearing. Respondent Davis Weber Counties Canal Company has filed an application for rehearing. The argument in support of the application for rehearing merely goes over the same ground covered in the original brief and argument. We have discovered no reason for changing the original opinion. It is, however, urged that the rule or measure of damages stated in...
Views: 0
M.L. Bishop, plaintiff and appellant, claiming that R.D. Hawley, defendant and respondent, had constructed and maintained a fence across a highway, brought this action for damages sustained by the obstruction of the highway, to abate the fence as a nuisance, and to enjoin the defendant from obstructing the highway in the future. The defendant was the owner of a homestead entered and patented under...
Views: 4
Respondent proceeded in equity against the appellants, the city of Nampa and city officials, to have declared illegal and void a contract for the construction of Local Sewerage District No. 22 of Nampa; to enjoin the issuance of any bonds or the collection of any assessments to pay therefor in excess of $118,300, the estimate made by the city engineer. Respondent also urges that the city council h...
Views: 1
Respondent moves to dismiss the appeal because of the failure of the sureties to justify and appellant's failure to secure new sureties after their sufficiency had been excepted to. C. S., sec. 7154, provides: "The undertaking on appeal must be in writing, and must be executed on the part of the appellant, by at least two sureties, to the effect that the appellant will pay all damages and costs wh...
Views: 2
This is an appeal from an order dissolving an attachment. On June 30, 1917, respondent executed and delivered to appellant his promissory note in the principal sum of $6,000, and, to secure the payment of the debt represented by the note, executed and delivered his certain mortgage, which was recorded. On March 18, 1918, a new note was executed and delivered in place of the first note and a new mo...
Views: 1
This is an action to recover on a promissory note. As a defense the answer alleges that the note sued on is a renewal of a note first given on account of certain transactions between respondent bank, appellant and one Carpenter in December, 1919; that this first note was given to respondent bank by appellant and Carpenter for the sum of $5,000 to purchase feed for sheep then owned in partnership b...
Views: 0
This appeal is from a judgment in favor of respondent and against appellants rendered in an action for the recovery of damages for personal injuries sustained by the respondent as a result of a collision between an automobile driven by appellant Mrs. Wannamaker and a motor-cycle on which respondent was riding. Appellants assign and rely upon five assignments of error. Assignments of error Nos. 1, ...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 56 This action was brought by Buhl Highway District against the appellants, Russ W. Allred, its treasurer, as principal, and United States Fidelity Guaranty Company as surety, upon his bond. It results from the failure of the Citizens State Bank, of Buhl, in...
Views: 3
On November 1, 1916, W.B. Jacobs and his wife executed and delivered to the state of Idaho their promissory note for $1,000. This note was secured by a mortgage on certain real property in Power county. In this mortgage it was stipulated that the state might, in order to protect its lien, pay any taxes which became delinquent by default of the mortgagor. Taxes on the property covered by this mortg...
Views: 0
This action was instituted in the district court of Bannock county to foreclose four mortgages, one a real property mortgage and the other three chattel mortgages, executed by George A. Whitworth and Agnes Whitworth, his wife, and George D. Whitworth and Clara M. Whitworth, his wife, George D. Whitworth being the son *Page 228 of George A. Whitworth. All of these parties, together with three bank...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 131 The facts in this case are substantially as follows: On August 12, 1919, the Thousand Springs Land Irrigation Company, an Idaho corporation, herein referred to as the company, executed and delivered to the State Bank of Idaho Falls, hereinafter named as ...
Views: 0
The appellant was convicted of the crime of assault with intent to commit robbery. This appeal is from the judgment of conviction, and from an order denying motion for a new trial. The appellant urges a number of assignments of error, but the court does not feel the necessity of discussing all of them. It is urged that the identification of the appellant by the complaining witness, as the party wh...
Views: 0
Ashley Rumelin, Bankers, a Corporation, appellant, sought collection of a promissory note in the sum of $3,000 executed by respondent, Brady, payable to the order of F.K. Masters, who subsequently sold the note to appellant. Appellant alleged that the note was sold to it in due course, for a valuable consideration, before maturity, and that it was the present holder and owner of the note. The ans...
Views: 0
This is a taxpayer's suit to enjoin the state board of examiners and the members thereof from carrying into execution the provisions of Chapter 176, Laws of 1925. The petition alleges that the Act is unconstitutional, but that, nevertheless, unless restrained, the board will proceed thereunder. On the filing of the petition an order to show cause was duly issued, and in response thereto the board ...
Views: 5
December 31st, 1919, Stewart Land Live Stock Company, a corporation, made, executed, and delivered to Thomas N. Wills its three promissory notes secured by a mortgage. One of *Page 512 these notes, amounting to nine thousand dollars ($9,000), and due January 1, 1922, was assigned by Wills to the Bank of Foreman, a corporation organized and doing business in the state of Arkansas. Thereafter said...
Views: 8
The Bartlett-Heard Land and Cattle Company, a corporation, hereinafter called defendant, had for many years among other things been engaged in the raising of pure-bred Hereford and Durham cattle. Dwight B. Heard was, during the period involved in this case, its vice-president and general manager. Clifford B. Harris, hereinafter called plaintiff, was during the same period a cattle broker with his ...
Views: 0
The Capital Cut Stone Granite Company, a corporation, hereinafter called plaintiff, brought this action against Rosenburg Company, a copartnership consisting of Barnett, Edward, Jack, Rudolph, W.H. and P. Rosenburg, hereinafter called defendant, for damages for a breach of warranty on *Page 507 the sale of a certain piece of machinery. The complaint set up general damages, and was amended at th...
Views: 0
STATEMENT OF FACTS. This is an action in replevin instituted by the appellant to recover possession of one certain 1914 model Cadillac touring car from the appellee. The appellant claims that it is the owner of said car and entitled to possession thereof, by virtue of the fact that, in January or February of 1919, Byrnes-Ray Cadillac Company, a corporation, of Tucson, being indebted to appellant i...
Views: 3
This is an action under the Employers' Liability Law for damages for the death of one Isabel Carabajal. The deceased was working in the mine of the defendant as a mucker when on July 9, 1923, a cave-in occurred in the mine, injuring him so that he died on the twelfth day of July. Plaintiff sues as the personal representative, and seeks to recover damages for the benefit of the estate of the deceas...
Views: 0
Gila Land Cattle Company, a corporation, hereinafter called plaintiff, brought suit against the Gila Water Company, a corporation, hereinafter called defendant, for damages it claimed to have suffered by the wrongful diversion by defendant of water to which plaintiff was entitled. The case was tried to a jury, which returned a verdict for plaintiff in the sum of $18,092. Judgment was duly entered...
Views: 1
M.B. Watson, S.J. Jennings, and W.L. Trout, copartners as Pima Ginning Company, hereinafter called plaintiffs, were engaged in the cotton ginning business in Maricopa county during 1921 and 1922. At the time E.J. Bennitt Company were local agents for a number of insurance companies, *Page 575 among them the Ocean Accident Guarantee Corporation, Limited, a corporation, hereinafter called defenda...
Views: 2
This court, the court below, and counsel on both sides characterize this controversy as being an action in ejectment. The action is a possessory one to recover the possession of 80 acres of public land, but it is not and cannot be an action in ejectment under our practice. While it is usual to speak of the action to recover the possession of real property as an action of ejectment, yet technically...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 381 AFFIRMED. This is an action upon a contract for the sale by defendant to plaintiff and Pulkrabek Brothers of certain sawmill machinery and equipment. This contract is in writing and is evidenced by two papers, one of which is a bill of sale purporting to ...
Views: 9
This is a contest between the heirs at law of John Jolly and Margaret Jolly, husband and wife, both deceased, as to whether the property, real and personal, ordered distributed, was the separate property of Margaret Jolly or was the community property of John Jolly and his said wife, Margaret. No children were born as the issue of the marriage. The judge of the probate court found that John Jolly ...
Views: 4
The petitioner commenced an action in the respondent court against John F. Boose and others to quiet his title to certain real property and for injunctive relief. The defendants filed an answer wherein affirmative relief was sought. At the conclusion of the trial on October 15, 1924, the court made an order from the bench denying relief to both parties and caused an entry thereof to be made in the...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 517 On habeas corpus. Petitioner was charged by information in the county of Kings with a violation of section 464 of the Penal Code, namely, with the crime of burglary with explosives. On February 21, 1922, he pleaded guilty. For the said offense petitioner ...
Views: 18
An information, filed by the district attorney of Sacramento County, charged the defendant herein with having, on the twelfth day of July, 1924, in his possession and under his custody and control, in the city of Sacramento, a 32.20 Colt's revolver, less than twelve inches in length, and capable of being concealed on his person, and being, at the time, a foreign-born person and not a naturalized c...
Views: 11
MEMORANDUM CASES. The defendant, following his arrest with one D. Quarez, was charged by information, filed by the district attorney of Sacramento County, with having, on the twelfth day of July, 1924, "in his possession, under his custody and control" a .38 Colt's revolver, less than twelve inches in length and capable of being concealed upon the person, and being a foreig...
Views: 1
Caroline Frances Dillingham died testate on January 30, 1922, a resident of Los Angeles County, state of California. On or about the twenty-first day of February, 1921, and while she was residing in said county, she created a trust, the corpus of which consisted of 900 shares of the preferred capital stock and two shares of the common capital stock of the Dillingham Manufacturing Company, a Wiscon...
Views: 0
Defendant has appealed from a judgment against him in an action brought by the plaintiff to recover damages for breach of a contract by which defendant promised to indorse the note of the Bethel Vineyard Company in consideration of a renewal of a loan by the plaintiff bank to said company. The trial court has found that on the twenty-fourth day of November, 1922, Bethel Vineyard Company was ind...
Views: 0
The defendant appeals from a judgment entered upon a verdict of a jury finding her guilty of the crimes of robbery and assault. The prosecuting witness, W. R. Brookes, lived in Downieville, California. He came' to San Francisco and met defendant about a week before the date of the commission of the crimes charged, which was October 20, 1924. On said date, he had breakfast with her at a restaura...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 15 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 16 Defendants were charged with the crime of "burglary with explosives" under an information of three counts. The d...
Views: 12
The plaintiffs have filed their complaint asking for a peremptory writ of mandamus against the defendant Hon. GERALD JONES, judge of the superior court of Pima county, commanding him forthwith to approve a supersedeas bond on appeal from an order made in an adoption proceeding. We learn from the complaint that plaintiffs, on September 24, 1924, filed a petition with said court for leave to adopt G...
Views: 0
J.A. Willison, hereinafter called plaintiff, brought suit against Swansea Lease, Inc., a corporation, hereinafter called defendant, for damages on account of personal injuries alleged to have been sustained by him while working for defendant. The suit was a common-law action of negligence, and the particular act of negligence complained of was set up as follows, to wit: That while plaintiff and th...
Views: 2
Frank R. Stewart, hereinafter called plaintiff, filed a petition in the superior court of Yavapai county, alleging that one Charles T. Joslin had entered into a written option contract of sale with plaintiff to sell him five hundred (500) shares of the capital stock of Verde Central Copper Company, a corporation, for Two Dollars and Fifty Cents ($2.50) a share, payable on or before April 1st, 1923...
Views: 0
On July 21st, 1921, John M. Neal and R.C. Brazel mortgaged to Babbitt Bros. Trading Company, a corporation, hereinafter called plaintiff, in addition to certain other property, 165 head of cattle branded . The mortgage was executed in proper form and recorded the same day in Yavapai county. The cattle were located in that county but the mortgage recited that the mortgagors were residents "of the c...
Views: 0
This is an action by appellee, Boquillas Land Cattle Company, plaintiff below, against Mrs. Calphurnia Gallagher et al., appellants and defendants, below, to quiet plaintiff's title to a designated portion of a tract of land in Cochise county, Arizona, known as San Juan de las Boquillas y Nogales Mexican land grant, which the complaint alleges was confirmed by the court of private land claims und...
Views: 0
Edith Paul, now Edith Chenoweth, brought suit for divorce, on the ground of desertion, against Ralph Paul, her husband, on November 13th, 1916. Service of summons was made by publication. Defendant did not answer, and on October 6, 1917, his default was entered and the case was heard by the court before Hon. OTIS J. BAUGHN, sitting in the place of the honorable superior judge of Cochise county. Up...
Views: 2
This action was instituted by the defendant in error, as plaintiff, in the county court of Cleveland county, Okla., against the plaintiff in error, as defendant, to recover the sum of $400, which plaintiff alleges was due her under a written contract of employment as a school teacher for the defendant, school district No. 2, Cleveland county, state of Oklahoma. Plaintiff alleges that she was emplo...
Views: 0
This case is appealed from the district court of Bryan county, and the parties will be designated as they appeared in the court below. Plaintiff sued the defendants to recover on two notes for $250 each, and to foreclose a second mortgage on certain real estate executed by defendants to secure the payment of the same. A first mortgage had been executed by the defendants in the sum of $7,500, an...
Views: 0
The plaintiff commenced his action against the defendant to quiet title in certain real estate described in the petition. The cause was submitted for trial on an agreed statement of facts filed therein and judgment went for the defendant quieting an undivided one-half interest in the property in the defendant, and the other undivided one-half interest in the plaintiff. The plaintiff has brought er...
Views: 1
Opinion by Plaintiff. Sarah Whitmire, nee Stroud, sued defendants to recover title and -possession of 89 acres, alleging that the deed executed by her, under which defendants held, was procured by fraud, and was also void because of the homestead character of the land, her husband not having joined her in the deed. This deed was to Mason James in 1910, under whom by mesne conveyances, defendant...
Views: 0
Parties will be referred to as they appeared in the trial court, inverse to their order here. J. F. Kier, guardian of the estate of J. B. Kier, incompetent, had judgment on verdict for $2,000 against defendant, Henry J. Schmitt, for personal injuries to said ward, run down on the streets of Norman by motor car owned by defendant and driven by his minor son, Joe Schmitt. It is neither questioned th...
Views: 1
This suit was instituted by appellants, plaintiffs below, against appellees, defendants below, on the 21st day of January, 1920, in the district court of Creek county, to recover possession of a one-half interest in 160 acres of land in Creek county, Okla., the allotment of their father, Thomas Conner, and for rents and royalties due plaintiffs derived from said lands, and for the cancellation of ...
Views: 0
The parties in this suit entered into a contract on January 19, 1920, whereby the defendant was to furnish the plaintiff 25 cars of fuel oil to be delivered at the rate of from two to four cars a day. The plaintiff was to supply the cars to defendant at its refinery in Ardmore, Okla. The delivery of the oil was delayed by plaintiff, who on more than one occasion wired defendant to hold up shipment...
Views: 0
This is an appeal from the district court of Creek county, Okla., wherein the defendant in error, the Oil Well Supply Company, was plaintiff, *Page 64 and the plaintiff in error, Douglas Wilson, was defendant, to recover the sum of $663.61, with interest. The action is based upon a certain check given by the defendant, Douglas Wilson, to the plaintiff, for the amount sued for, in payment of suppl...
Views: 1
This appeal was lodged in this court on the 5th day of December, 1924, and on the 10th day of January, 1925, the court made an order permitting plaintiffs in error to file brief out of time. No brief has yet been filed and no reason shown why same has not been done. . Under the rules of the court, brief of plaintiff in error must be filed within 40 days after the date of filing the appeal. And ...
Views: 0
In determining the questions raised by the appellant, Joe McMurry, we shall not pass on the motion to dismiss the appeal filed herein, but it must not be understood thereby that the questions raised by said motion are determined adversely to the contention made in support thereof. We treat the case as if the right to prosecute error in this court were conceded to the appellant. Wilson S. Pitman wa...
Views: 0
This was an action to recover an attorney's fee and have the amount declared a lien against defendants' lands. The parties will be referred to according to the positions they occupy in this court. The undisputed facts are that defendants in error had a case in this court involving title to lands, this court had decided adversely to defendants in error, and time for appeal to the Supreme Court of t...
Views: 0
One of the motor cars belonging to Dottie R. Boling struck and killed W. C. Ashbridge, and his widow, Julia E. Ashbridge, brought suit and obtained judgment against Dottie R. Boling in the sum of $20,000, which judgment was by the Supreme Court affirmed. Approximately $5,000 was realized from the sureties on the supersedeas bond. It appears Dottie R. Boling was carrying indemnity insurance on her ...
Views: 8
In this case motion for a new trial was overruled on the 28th day of February, 1924, and from this order the appeal was taken and filed in this court on the 29th day of August, 1924, which was one day after the expiration of the six months provided by section 798, C.O. Stat. 1921. This statute is mandatory and the appeal is dismissed. Brown v. Parks, 80 Okla. 184,195 P. 133....
Views: 0
Wisey McNac commenced this action in ejectment and for an accounting in the district court of Creek county against Joseph Kinch. The defendant having died since the case has been appealed to this court, the action has been revived against Mattie M. Kinch, administratrix of the estate of Joseph Kinch, deceased. The action involves the surplus allotment of Sandford Hope, a half-blood Creek Indian, w...
Views: 0
This is a mandamus action brought in the district court of Ottawa county., by the plaintiff in error, to compel the defendant in error, county assessor of that county, to transfer on the tax book certain property assessed for taxation in Quapaw township to the incorporated town of Cardin. The writ of mandamus was denied, and plaintiff in error appealed. *78 It is contended that the term of of...
Views: 0
This case is appealed by what purports to be a bill of exceptions from an order of the district court of Nowata county overruling a motion to vacate an order appointing a receiver. Defendant in error challenges the sufficiency of the record to give this court jurisdiction and asks that the appeal be dismissed. The entire record is *Page 77 designated as a bill of exceptions, and was allowed and s...
Views: 1
This suit involves the homestead allotment of Mose Jameson, a Creek freedman, who died intestate March 30 1908. Hepsey Jameson, the surviving wife, and their two children occupied the homestead allotment until this suit was commenced by Kizzie Jameson, claiming to be the daughter of Mose Jameson, to recover an undivided one-fifth interest in the allotment. Osano Pogue, nee Jameson, intervened as t...
Views: 1
This is an appeal prosecuted by S. B. Jackson and I. C. Jackson from an order and judgment of the district court of Carter county, overruling a motion to vacate and set aside an order appointing a receiver to take charge of and collect rents upon certain property in Carter county, involved in a proceeding brought by Ambrose Ward; the receiver having been appointed upon the application of the said ...
Views: 1
The Consumers Light Power Company commenced its action for damages against the St. L. S. F. Ry. Company on account of the alleged negligent burning of property of the plaintiff by the defendant. The trial of the cause resulted in a verdict and judgment for the plaintiff. The defendant has appealed the cause and assigns the following errors for reversal: First, the verdict of the jury is contrary...
Views: 1
Defendant in error, as plaintiff, brought an action in the district court of Tulsa county against the plaintiff in error and J. B. Foster, as defendants, to recover the sum of $1,000, for the alleged breach of a written contract for the sale, by the plaintiff in error to the defendant in error, of certain oil well casing. Parties will be hereinafter referred to as they appeared in the trial court....
Views: 0
This action was commenced in the district court of Carter county, by Jack J. Jerman, defendant in error, plaintiff below, against D. M. Gay and the Cameron Refining Company, a corporation, defendants below, the Cameron Refining Company being plaintiff in error here, to recover the sum of $462 and enforcement of a laborer's lien against an oil and gas lease held by the plaintiff in error on 40 acre...
Views: 1
This action was commenced in the district court of Osage county by Casparis Brothers, a copartnership composed of J.L. Casparis and A.G. Casparis, as plaintiffs, against A.G. Williams, as defendant. For convenience the parties will hereinafter be mentioned as they appeared in the trial court. The action is one based upon a controversy arising out of a settlement of a contract for pasturage of catt...
Views: 2
Defendants present their argument for reversal of this case under four propositions, stated in the brief as follows: (1) Plaintiff had made a conclusive and binding election of remedies by pursuit of funds in the hands of the Central State Bank, which barred recourse against the makers of the note. (2) Plaintiff ratified the payment of the note to the Central State Bank, which ratification dischar...
Views: 0
The parties hereto will be designated as they appeared in the trial court. Plaintiff's petition alleges that during the year 1920, he became indebted to defendant in the sum of $441.75, and executed his promissory note for part of same: that on January 31, 1920, plaintiff executed his mortgage on certain live stock and farming implements, to secure the indebtedness owing to defendant. That prior t...
Views: 2
The parties will be referred to in this opinion as plaintiff and defendant, as they were designated in the trial court. On the 29th day of January, 1917, the defendant, C. A. Popkin, was appointed guardian of the person and estate of Jesse Bruner, a minor, by the county court of Creek county. On the 17th day of February, 1921, Lena Smith, the mother of said ward filed a petition in said county cou...
Views: 3
Opinion by The parties will be referred to as in the court bqloyv. The plaintiff sued to recover the consideration paid for a course in Spanish lessons. The contract entered into between the parties relative to the giving of said course contained the following material provision : “It is understood, that I am to receive individual instruction'in all of the lessons.” The' defendant testified...
Views: 0
The parties will be referred to as plaintiff and defendant, as they were designated in the court below. The plaintiff recovered in the justice court and the defendant appealed to the district court of Wagoner county. It is alleged in the bill of particulars upon which the case was tried that the defendant was the owner of two bird dogs, known by him to be disposed to kill domestic fowls; that notw...
Views: 0
This action was begun in the district court of Tulsa county by the Missouri, K. T. Ry. Company to enjoin the city of Tulsa from collecting certain paving assessments alleged to have been illegally levied against the railway company's property, the property in question being a portion of the railroad right of way, the assessment being the railway company's proportionate liability for the cost of p...
Views: 2
This suit was instituted on the 12th day of December, 1919, in the district court of Pontotoc county by J. S. Jones, as plaintiff, against E. N. Jones, as defendant, for the purpose of removing cloud from and to quiet title in the plaintiff, J. S. Jones. The defendant E. N. Jones filed his answer and cross-petition claiming an undivided one-half interest in the lands in controversy. On the 11th da...
Views: 1
A judgment of the district court was rendered in a cause in which W. M. Freeman was plaintiff and Ila May Wolf, a minor of Indian blood, and others, were defendants. By the terms of the judgment Ila May Wolfe, a minor, was adjudged to be the owner of certain lands, which had been received by her brother, an Indian citizen, as his allotment, said lands having thereafter been inherited by the father...
Views: 0
The plaintiff in error was the defendant below, and the defendants in error were the plaintiffs. The parties will be designated herein as plaintiffs and defendant, as they appeared in the trial court. The plaintiffs filed their suit in the district court of Garfield county on the 18th of October, 1922, against the defendant, seeking to recover the sum of $1,500, the full indemnity provided in a fi...
Views: 2
This is a case appealed from the district court of Pontotoc county. Judgment was rendered on the 24th day of March, 1924. On the 27th day of September, 1924, plaintiff filed a motion to- set the judgment aside for fraud, the time having expired in which to perfect an appeal. On the same-day the court made an order staying proceedings to enforce the judgment until the motion was heard. Defendant i...
Views: 0
Parties will be referred to as in the court below. The plaintiff secured an order of injunction setting aside and enjoining the collection of certain special assessments levied by the City of Beggs, Okla., to pay part of the cost of paving district No. 1 in said city, and directing that a new assessment be levied for 85 per cent. of the amount of the assessment set aside. The city has appealed fro...
Views: 0
The plaintiff in error is a nephew and the executor of the last will and testament of Benjamin Scott, deceased. The defendant in error is the widow of said deceased. The parties will hereafter be referred to as plaintiff and defendant as they were designated in the trial court. The plaintiff commenced this action on the 3rd day of October, 1922, for the purpose of having canceled and set aside a c...
Views: 1
This case involves the validity of a resale tax deed. The trial court sustained a demurrer to the petition, after permitting the plaintiff to introduce his testimony, so that we have the benefit of plaintiff's testimony in the case. After the plaintiff had introduced his testimony, the court permitted the defendants to withdraw their answer and cross-petition and resubmit their demurrer to plainti...
Views: 0
The parties appear in this court as they appeared in the court below, and will be referred to as plaintiff and defendant. This is an action on a guaranty contract executed by Mamie A. Craig, the defendant, on the 26th day of November, 1921. The contract for which this guaranty was executed was also dated November 26, 1921. This guaranty appears to be on a stock form prepared by the plaintiff, and ...
Views: 0
This is an appeal from a judgment rendered by the district court of Tulsa county, Okla., July 28, 1923, wherein Oscar W. Edwards et al. were plaintiffs and Grant C. Stebbins et al. defendants. The judgment of the trial court was in favor of the defendants, and plaintiffs prosecute this appeal. This is a branch of the original case, wherein the Lena Lumber Company, et al. instituted suit against Os...
Views: 0
The parties will be referred to as they appeared in the court below. The plaintiff was the Democratic nominee for the office of county commissioner of district No. 3, Washington county, Okla. The defendant was an opposing candidate on the Republican ticket. An election was held on the 4th day of November, 1924, and certificate of election was thereafter issued to the defendant by the county electi...
Views: 0
The parties herein will be referred to as they appeared in the trial court. On the 28th day of August, 1922, the plaintiff began this action by filing his petition in the district court of Grady county, Okla., alleging ownership in fee of certain lands in Grady county; and alleging further that on the 30th day of June, 1922, there was filed for record a certain pretended royalty deed purporting to...
Views: 0
The plaintiffs in error were the plaintiffs below, and the defendants in error were the defendants. The parties will be referred to herein as plaintiffs and defendants as they appeared in the court below. The plaintiffs commenced this action in the district court of Cherokee county against the defendants, to cancel instruments and to recover possession of lands described as: "South 20 acres of lot...
Views: 3
This case is a companion case with No 13805 in the Supreme Court styled Jennie Prichett, Mike Proctor, and Lizzie Snail, nee Prichett, plaintiffs in error, v. J. A. Jenkins and W. W. Hastings, defendants in error, 111 Okla. 29, and was submitted upon the same briefs. In this case the property involved is described as follows: "Southwest quarter of northwest quarter of northwest quarter (less 2 acr...
Views: 0
Opinion by The plaintiff in error was the defendant below, and the defendant in error was the plaintiff. The parties will he designated hereto as plaintiff and defendant, as they appeared in the trial court. The cause was tried upon an amended! petition. The plaintiff, after formal allegations of minority and guardianship of Lucy May Jones, alleged that the said minor is the owner of lands de...
Views: 7
This is a proceeding in equity to cancel, set aside, and hold for naught as being void the last will and testament of John Collier, deceased, and to quiet the title to the estate of deceased in plaintiffs and in the widow of the deceased as the lawful heirs and distributees under the laws of descent and distribution of this state. In this character of action this court is authorized to examine the...
Views: 2
Plaintiff in error, B.E. Woodward, was tried and convicted under an information charging that he did unlawfully transport intoxicating liquor from a point unknown in Muskogee county to another point near the center of the 900 block, South Katy avenue, in the city of Muskogee, and in accordance with the verdict of the jury was sentenced to be confined for 30 days in the county jail and pay a fine o...
Views: 0
Plaintiff in error, Walter McHenry, was-tried and convicted on an information charging that in. *193 Wagoner county, on the 5th day of May, 1923, he did “have in his possession intoxicating liquor, to wit, Choctaw beer, with the intent then and there to sell the same,” and in accordance with the verdict of the jury was sentenced to pay a fine of $200 and to be confined in the county jail for a ...
Views: 0
The Attorney General has filed a *Page 258 motion to dismiss this appeal, for the reason that no final judgment was ever rendered in the cause. The record shows that the defendant made a motion for the return of property seized by officers under authority of a search warrant, which motion was by the court denied. From the order overruling this motion, the defendant has attempted to appeal to this...
Views: 0
The information in this case charges that in Oklahoma county November 26, 1923, E.J. Helm did have possession of intoxicating liquor, to wit, 170 gallons of wine containing more than one-half of one per cent. of alcohol, measured by volume, with the unlawful intent to sell the same. On the trial the jury returned a verdict *Page 276 finding him guilty as charged in the information and fixing his ...
Views: 1
The petitioner, E. A. Pruitt, filed his application for writ of habeas corpus in this court July 9, 1925, wherein he alleges that he is unlawfully imprisoned and restrained of his liberty in the city of Norman by Frank Boggs, sheriff of Cleveland county; that the cause of said restraint is that he is charged with the theft of an automobile in Grayson county, state of Texas; that the said sheriff ...
Views: 0
The plaintiff in error will be referred to as defendant, as in the court below. From a conviction on a charge of vagrancy under the first subdivision of section 1956, Comp. St. 1921, the defendant has appealed. The substance of the assignments of error challenge the sufficiency of the evidence to sustain the verdict. The first subdivision of section 1956, supra, defines a vagrant as "an idle perso...
Views: 0
The plaintiff in error will be referred to as defendant, as in the court below. From a conviction on a charge of rape in the second degree, defendant appeals. The record discloses that in the month of December, 1920, the prosecutrix, Berta Noel, was 15 years of age, attending the Guymon high school as a first year pupil. During that month she met the defendant on two or three occasions when he cam...
Views: 7
This appeal is from a judgment of conviction for unlawful possession of intoxicating liquor and sentence of confinement for 90 days in jail and a fine of $250. The undisputed facts are that on August 29, 1923, *Page 211 Deputy Sheriffs Jones, Watts, and Ragsdale, with Jack Fuller, a federal officer, raided a place in the city of Muskogee known as the Midway Buffet, and found white men and negroes...
Views: 0
In this case the Attorney General has filed a motion to dismiss the appeal, upon the ground that the plaintiff in error is a fugitive from justice. This motion is supported by the affidavits of the sheriff and the county attorney of Canadian- county, and proof of service upon the attorneys for plaintiff.in error is shown, but no response has been made. From the motion and the affidavits in supp...
Views: 0
The plaintiff in error, J. K. Inman, was convicted of the crime of forgery, and, in accordance with the verdict of the jury, was sentenced to serve a term of 1 year and 3 months in the state penitentiary. From the judgment an appeal was taken by filing in this court February 11, 1924, a petition in error with case-made, but there has been no appearance made on his behalf in this court and no brie...
Views: 0
This appeal is from a judgment of conviction rendered on the verdict of a jury finding the defendant guilty of unlawful possession of intoxicating liquors, and assessing his punishment at a fine of $250 and confinement for 90 days in the county jail. A number of errors are assigned and argued, but one of which was deemed necessary to notice, and that is that the court erred in admitting evidence o...
Views: 2
The plaintiff in error will be referred to as defendant, as in the court below. ' From a conviction in the county court of Oklahoma county on a charge of having possession of intoxicating liquor with intent to sell, the defendant has appealed. The record in the case is very brief. Two witnesses testified for the state. The defendant did not offer any evidence. The testimony is that certain offi...
Views: 0
Plaintiff in error, Levi Stockton, here referred to as the defendant, was by verdict of a jury found guilty of conjoint robbery, with his punishment assessed at confinement in the state penitentiary for a term of 6 years. The testimony shows: That James A. Scott, a farmer who had lived in Custer county for 22 years, was driving along the highway in an automobile on the night of August 11, 192...
Views: 0
The plaintiff in error was convicted of a violation of the prohibitory liquor law, and appeals. No briefs have been filed by the plaintiff in error nor the state. We have examined the record, which discloses that on the date in question certain officers in the nighttime observed a car go to the place of residence of the defendant, and one of the occupants of the car got out and went to the door o...
Views: 0
The information in this case charged that in Tulsa county, April 9, 1923, Sandy McMillan did have in his possession certain intoxicating liquors, to wit, 23 cases of whisky, with the unlawful intent to sell the same. On the trial the jury returned a verdict finding him guilty, and fixed his punishment at a fine of $500 and confinement for 6 months in the county jail. From the judgment rendered on ...
Views: 0
The information in this case charges that in Tulsa county, April 10, 1923, Sandy McMillan did *Page 265 have in his possession certain intoxicating liquors, to wit, 140 quarts of whisky, 60 gallons of alcohol, one case of gin, with the unlawful intent to sell the same. On the trial the jury returned a verdict finding him guilty and fixing his punishment at a fine of $500 and confinement for 6 mon...
Views: 0
This is an original proceeding in habeas corpus. The petition in error alleges petitioner was convicted before a justice of the peace of Oklahoma City on a charge of operating a vending and weighing machine, fined the sum of $25, and committed to the sheriff of Oklahoma county until such fine should be paid; that the prosecution on which the petitioner was convicted is based on section 3, c. 162, ...
Views: 4
Ed L. Egli was convicted in the police court of the city of Blackfoot of violating an ordinance of the city: He appealed to the district court, where the cause was tried de novo, resulting in a judgment of conviction. This appeal is from the judgment and an order denying a motion for a new trial. In this appeal, the validity of the ordinance, and perhaps its constitutionality, is involved. The ord...
Views: 1
Plaintiff brought this action to foreclose two mortgages, one upon real property and one upon chattels, each given to secure the payment of the same note for the principal sum of $15,000 dated May 20, 1922, and due two years after date; the note and the real estate mortgage being signed by S.C. Comerford and wife, Belle Comerford, and the chattel mortgage being signed by S.C. Comerford alone. S.C....
Views: 1
Respondents sued to recover damages for the death of their minor daughter caused by the alleged negligence in the construction and maintenance of an electric transmission line, it being further alleged that the deceased and other children were accustomed to travel upon the Canal Company's property near where the accident occurred, and that appellants by the use of ordinary and reasonable care and ...
Views: 3
Respondents, Garrard and Bennett, executed a conditional sale contract for the purchase of an automobile, which had attached thereto, and as a part of such sale contract, the note sued on in this action. *Page 153 Thereafter, this note was detached from the part containing sale agreement and was indorsed to appellant, who brings this action to recover thereon, claiming that the instrument is a ne...
Views: 0
This appeal is from a judgment imposing a sentence of fine and imprisonment, appellants having been convicted of the crime of maintaining a common nuisance in violation of C. S., sec. 2631. *Page 355 Appellants make and rely upon the following assignments of error: 1. The court erred in denying the defendants' motion to quash and set aside the information as to each of the defendants; 2. The cour...
Views: 1
Respondent made application to this court for an order requiring the appellant to furnish a new surety on asupersedeas bond filed by him on appeal from a judgment entered against him in the district court of the eleventh judicial district, on the ground that since the giving of such bond one of the sureties thereon had disposed of his property and is now insolvent. The question as to the power of ...
Views: 0
— Appellant became the holder of two title retaining notes executed by respondent to the Motor Service Company, a corporation, in the amount of $3,140 each and representing the balance due upon the purchase price of two motor-trucks. Bespondent defaulted in making payments as provided in the notes and appellant repossessed the trucks and gave notiee of intention to sell the same at auction. sale ...
Views: 1
The respondent purchased a binder and truck from appellant, under two certain conditional sale notes or contracts, in each of which he promised to pay the sum of $150 and interest. The contracts contained the following provisions: "I agree that the title thereto. . . . shall remain the property of W.I. Smith. . . . until this and all other notes given for the purchase price shall have been paid in...
Views: 0
Under a conditional sale contract appellant sold to respondent certain personal property, consisting of a team of horses, a set of work harness and a disc plow. Respondent failed to make the payment provided. Appellant, in an action of claim and delivery, repossessed himself of the property, sold it, credited the proceeds on the agreed price and commenced this action for the balance due. The trial...
Views: 1
This action was brought by respondent for the possession of certain real property which had previously been conveyed to him by deed from the appellant. Appellant sets forth in his answer that he had executed the deed to the property to secure an indebtedness and that it was a mortgage. Upon this issue the cause was tried by the court without a jury and the court made findings and entered judgment ...
Views: 0
This action was brought by respondent to quiet title to lands and to cancel two mortgages which he had executed thereon. The lands are conceded to be the homestead entry of respondent, made under the laws of Congress. The mortgages were executed before final proof or final certificate or patent. He is admitted now to be the owner in fee, and claims that these mortgages are void and a cloud upon hi...
Views: 6
Appellant was, under C. S., sec. 8556, charged with and convicted of burning a stack of bean hay. The evidence shows without dispute that the substance destroyed was that left after the bean seeds had been removed by threshing from bean vines. Many errors are assigned but one will dispose of the case, namely, whether the substance thus burned comes within the terms of the statute. This section, ap...
Views: 4
The plaintiff in error claimed compensation under the Workmen's Compensation Law as the widow of a workman, Avery Hotelling, who was killed while employed by the defendant in error, a corporation engaged in producing and marketing oil and gas. The employer objected to an award on the ground that the workman's death was due solely to his culpable negligence. The district judge disallowed the claim ...
Views: 4
This is an original proceeding in this court for a writ of prohibition. The facts are briefly as follows: On March 27th, 1924, the relator herein, then and until sometime in 1925 chief of police of the city of Casper, after making search of the basement of a store building occupied by one R.J. Fuchs, and seizing intoxicating liquors therein, arrested said Fuchs for violating a city ordinance again...
Views: 11
I concur in the result. To justify equity in setting aside a judgment for fraud, the facts constituting the fraud and that the judgment was the product of it should be clearly shown, but I think need not be shown beyond a reasonable doubt. If they are shown to the satisfaction of the court, I think that is all that is required. The chief ground to vacate the judgment is the alleged false or per...
Views: 0
This action was commenced in the superior court for Pierce county in behalf of the plaintiff, Fila Melovitch, a minor, seeking recovery from the defendant city for personal injuries suffered by her from falling off an elevated sidewalk, alleged to have been negligently maintained by the city, in that it had not properly guarded the sidewalk by suitable railings. A trial upon the merits in that cou...
Views: 0
The appellant, M.R. Smith Lumber Shingle Company, is engaged in the business of manufacturing lumber and shingles, and owns and operates an extensive plant, located at Moclips, in this state. A part of its mill property consists of a number of dwelling houses, used as residences by certain of its officers and employees. These dwelling houses it had *Page 548 caused to be insured in the responden...
Views: 1
This litigation arises out of the following facts: The second-hand Ford Sedan was sold on conditional sale contract, $125 of the purchase price being paid in cash, the balance of $368.75 being payable in monthly installments. The contract, among other things, provides: *Page 525 "Said vendee hereby acknowledges receipt of said property in good condition and agrees not to sell or dispose of, or of...
Views: 3
— This action was originally commenced as an action at law by the plaintiff, Reynolds, seeking recovery from the defendant, Hall, of the sum of $2,250 as a balance due upon a $3,000 agreed sale price of certain written patented formula, instructions in connection therewith and the right to manufacture and market in certain territory so-called “Alpha Tile Products.” By his answer and cross-complai...
Views: 0
The matters involved here have previously been before this court at least twice. In 1917 the parties were divorced. They had three minor daughters. The divorce decree awarded the custody of them to the father, who is the appellant here. Later, each of the parties was remarried. In 1918 or 1919, the mother, who is the respondent here and whose name is now Smith, petitioned the court to so modify th...
Views: 5
The plaintiffs, Medgard and wife, seek recovery of damages from the defendants, Shimogaki and wife, for alleged breach of covenants of a lease of land from the plaintiffs to the defendants, in that the defendants have failed to make improvements upon the land in payment of rent, as agreed upon by the terms of the lease. A trial upon the merits in the superior court for that county sitting with a j...
Views: 1
This action was instituted by Jean Burson and her husband, W.E. Burson, against W.F. Jensen and his wife, Metta T. Jensen, to determine the boundary line between their properties. The north line of plaintiffs' property is the south line of defendants' *Page 540 property. Upon an answer being made by the defendants, it appearing that the rights of other parties were or might be involved, an order ...
Views: 0
Respondent instituted this action to secure a reduction of taxes upon certain mining claims owned by him, located in Ferry county, alleging in his complaint that, for the year 1923, if assessed according to the provisions of ch. 124, Laws of 1921, p. 401, the assessed value of the properties would have been $3,135 only; while the county officials, in defiance of the act of 1921, had arbitrarily, f...
Views: 0
Respondent, as plaintiff, brought this action to recover for personal injuries, and from a verdict in his favor for $3,500 and a judgment thereon, the defendant has appealed. By his original complaint, the respondent alleged that, on May 31, 1923, he was employed as a stevedore by the appellant, and engaged in loading wool in the hold of the steamship Andrea Luckenbach, in Seattle harbor; and whil...
Views: 6
Citing: Child Welfare Soc. v. Kenney School Dist.,220 Mich. 290, 189 N.W. 1002; Logsdon v. Jones, 311 Ill. 425,143 N.E. 56; Ashley v. Board of Education, 275 Ill. 274,114 N.E. 20; Mt. Hope School Dist. v. Hendrickson, 197 Iowa, 191,197 N.W. 47; People ex rel. Brooklyn Children's Aid Society v.Hendrickson, 54 Misc. Rep. 337, 104 N.Y. Supp. 122; 125 A.D. 256,109 N.Y. Supp. 403; affirmed, 196 N.Y. 55...
Views: 1
The title to Chapter 93, Laws of 1923, is sufficiently broad to indicate a purpose to change the boundaries of Fergus 1. Construction of constitutional provisions relative to titles of statutes, see notes in 1 Ann. Cas. 584; Ann. Cas. 1915A, 79. See, also, 25 R.C.L. 837. 2. Sufficiency of title of statute, see note in 64 Am.St. Rep. 70; Ann. Cas. 1916D, 28. See, also, 25 R.C.L. 864. *Page 587 and...
Views: 2
The relator is not in the situation of a bona fide holder for value, and the warrants in his hands are subject to all the defenses which they would be subject to in the hands of the Farmers' Merchants' State Bank. (Clark v. City of DesMoines, 19 Iowa, 199-213, 87 Am. Dec. 423; National Bank ofMills v. Herold, 74 Cal. 603, 5 Am. St. Rep. 476, 16 P. 507;Wall v. County of Monroe, 103 U.S. 74, 77, 26...
Views: 3
The plaintiff in his pleadings urges that the defendant at the time of making the contract had knowledge of this defect. This the defendant denies; but in any event knowledge of a defect of title at the time of entering into a contract for the purchase and sale of real estate is immaterial. (Newmyer v. Roush,21 Idaho, 106, Ann. Cas. 1913d 433, 120 P. 464; Fagan v.Walters, 115 Wash. 454, 197 P. 635...
Views: 6
Section 8261, Revised Codes of 1921, reads as follows: "The assignment of a debt secured by mortgage carries with it the security." This section is identical with section 2936 of the Civil Code of California (Kerr's Cyc. Codes 1920), and under that section the supreme court of that state has held to the rule that in the absence of any agreement to the contrary, an assignment of one of the interest...
Views: 3
This is an appeal from a judgment of the district court of Silver Bow county, entered on February 7, 1925, dismissing the relator's application for a writ of prohibition to restrain the respondents from proceeding further in a cause in the justice's court of Silver Bow township, wherein Frank M. Hickman was plaintiff and L.E. Taylor, the relator herein, was defendant. Although the justice's court ...
Views: 2
Under the authorities, the right to the widow's allowance being granted as a matter of public policy, any waiver of the same must appear by clear and unambiguous language. (11 Cal. Jur., pp. 506-509; Woerner on American Law of Administration, p. 255.) "It makes no difference that the widow has sufficient property of her own out of which to support herself." (Estate ofLux, 100 Cal. 595, 35 P. 345, ...
Views: 0
delivered the opinion of the court. This appeal involves the construction of an antenuptial agreement to determine whether or not the appellant, widow of Joseph E. Oppenheimer, deceased, by its terms waived the right to an allowance for her support, as authorized by sections 10144 to 10147, Revised Codes of 1921, during the progress of the administration of the estate of the deceased. The facts ou...
Views: 0
By an information filed in the district court of Silver Bow county, Christian Yegen, Peter Yegen and Barton B. Dakin were charged with the commission of a felony – receiving into the bank of Yegen Brothers, bankers, at Butte, a deposit of $190 at a time when the bank and the partners doing business as Yegen Brothers were insolvent. Christian Yegen was tried separately, and was convicted and senten...
Views: 2
The prosecuting attorney for Kittitas county filed in the justice court for Roslyn Precinct a complaint charging "that C. Obello, on or about the 8th day of March, 1924, in Kittitas county, State of Washington, then and there being, did then and there, unlawfully have in his possession spirituous intoxicating liquor other than alcohol, with intent to sell the same." The defendant was brought to tr...
Views: 0
The lower court, on petition of Aubrey T. Dodson and John W. Dodson, appointed both of them guardians of the person and estate of their mother, Elizabeth Reed Dodson, after finding that she was incompetent. Mrs. Dodson had been injured in an automobile accident and she and her son, appellant here, were conducting negotiations for settlement of the claim. This son had represented to the attorney fo...
Views: 3
The question in this case may be stated thus: Where various articles of personal property, of unequal value, have been assessed to A, as owner, for taxation purposes, the assessment and valuation being made of the property as a whole or in bulk, and tax has been levied thereon and thereafter a part of the property is sold to B, and A does not pay any portion of the tax, can the whole thereof be ma...
Views: 0
One Johnson bought a Buick automobile of the Wenatchee Buick company, turning in a Ford sedan in part payment and giving to the Wenatchee company a mortgage on the Buick car for the balance of the purchase price. Sonneborn Sons, Inc. claimed to own the Ford sedan and that Johnson had no right to dispose of it. They assigned their claim to one Friedman, who brought action in the King county superio...
Views: 2
Appellant, as plaintiff, brought this action to recover from the defendant the sum of $502.06, paid to him as a commissioner of the Port of Seattle, for so-called legislative expenses during the biennial session of the state legislature in 1921, the complaint, among other things, alleging: "That the payment of said sum of $502.06 out of the general fund of the Port of Seattle, as reimbursement for...
Views: 3
The defendants have appealed from a sentence of from five to ten years in the penitentiary, such sentence being based upon a verdict of guilty of attempted robbery. It appears that, while the jury was deliberating upon its verdict, it sent to the bailiff a note reading as follows: "In addition to our verdict, may we make any recommendations?" The judge thereupon went to the jury room, opened the d...
Views: 2
This case is about the sanity of a defendant at the time of his trial, when the jury found he was sane when he committed the crime with which he was charged. Its history is very unusual. In November, 1913, the prosecuting attorney of Snohomish county filed an information charging the appellant with the crime of the murder of his wife. On the 12th of that month, he was arraigned but stood mute, and...
Views: 6
Prior to 1911, there was a county road passing through the town of Attalia, in the county of Walla Walla, going in a northerly and southerly direction. During that year, the North Coast Railway Company (predecessor of the Oregon-Washington Railroad Navigation Company) was building its branch line into the Yakima valley. Its main line between Spokane and Portland passed through the town. The railr...
Views: 0
— Prior to 1911, there was a county road passing through the town of Attalia, in the county of Walla Walla, going in a northerly and southerly direction. During that year, the North Coast Railway Company (predecessor of the Oregon-Washington Railroad & Navigation Company) was building its branch line into the Yakima valley. Its main line between Spokane and Portland passed through the town. The ra...
Views: 0
The appellant, Seattle Taxicab Company, owns a line of taxicabs which it operates in the city of Seattle, carrying passengers for hire. At about 2:30 o'clock in the morning of December 25, 1923, the respondent, Garrow, with two other persons, took a taxicab of the appellant in the eastern part of the city, intending to ride to certain named places in the western part. The place of destination of t...
Views: 5
The appellant and the daughter of the respondents were married in May, 1920, the appellant at that time being thirty-two years of age and for three years having been a railroad brakeman, in which employment he still was at the commencement of this action. Soon after the marriage, he purchased a home and an automobile and habitually turned over his wages to his wife, who drew checks from the bank f...
Views: 2
This is an appeal from a retrial in a case reversed and remanded for that purpose, reported in 128 Wash. 239,222 P. 490. When the case went down for retrial, appellant filed an amended answer setting up, as another affirmative defense, fraud and collusion on the part of respondent with the state deputy fruit inspector, who made the *Page 615 inspection on the apples involved, in giving his certif...
Views: 0
The appellants, Keylon and Leckey, are the owners of an apartment house, located in the city of Yakima. The house has three stories, in each of which are apartments which the appellants let for *Page 589 hire. The lower floor has a basement effect; that is to say, it extends below the natural surface of the ground some four feet. The house fronts upon one of the main streets of the city named. It...
Views: 1
ON REHEARING. The plaintiff, Peter Anionetani, seeks recovery of alleged damages for personal injuries suffered by him as a result of the negligent driving of defendant's automobile at the intersection of East Madison street and 28th avenue north, in Seattle. A trial in the superior court for King county sitting with a jury resulted in a verdict awarding to plaintiff reco...
Views: 0
The respondent was charged by information with the crime of perjury, based upon an affidavit previously made by him. After conviction, his motion for arrest of judgment was sustained, and the state has appealed. Section 2183, Rem. Comp. Stat. [P.C. § 9343], says: "Judgment may be arrested on the motion of the defendant for the following causes. . . . (2) that *Page 622 the facts as stated in the ...
Views: 3
This action was brought to recover judgment for material furnished and labor performed at the request of the defendant in the making of a steel scraper or drag line bucket for ditch digging; also, for $3 the cost of delivering it, and also, for additional material and labor in improving the bucket in the sum of $140.42, making a total of $823.42. The answer denied generally all liability, and affi...
Views: 0
The information in this case charged the appellants, who were husband and wife, with the unlawful possession of intoxicating liquor with intent to sell the same. It also charged the appellant Nick Andrich with two previous convictions for violation of the liquor law, one for the manufacturing and the other for the unlawful possession of intoxicating liquor. The jury found both the appellants guilt...
Views: 1
This is an original proceeding in this court wherein the relators, Brunn and Turner, pray that the superior court for King county be prohibited from entertaining jurisdiction of supplemental proceedings, commenced therein for the examination of relators as judgment debtors as to what property they own, looking to the satisfaction of a judgment rendered against them in that court, as follows: *Page...
Views: 0
It is our opinion that the appellants are not in position to maintain this action. There is certain fertile land in the Spokane valley which is quite valueless without irrigation. Water can be had only from wells. About 1905, three men owned *Page 117 some three thousand acres of this land, and desired to develop and sell it. They organized two corporations; one called Modern Irrigation Land Com...
Views: 0
Appellant brought this action as plaintiff to recover upon what it is pleased to call a shipper's note. The case was tried to the court, sitting without a jury, and from a judgment denying it relief, the plaintiff has appealed. The facts, while seemingly simple and in the main undisputed, present a question to be here determined as a question of fact which we have found extremely difficult. There ...
Views: 0
This is an action for divorce and alimony, upon the ground of cruelty. After a trial the district court awarded the plaintiff a divorce, but denied her alimony. From that part of the decree denying her alimony, the plaintiff has appealed upon the judgment roll alone, without bringing up the evidence. The pertinent findings of fact are in effect that the plaintiff, aged 21 years, and the defendant,...
Views: 3
ON REHEARING. The department opinion in this case may be found in 133 Wash. 194,233 P. 628. Originally there was involved in this action all of the wheat raised, to wit, both the tenant's two-thirds and the landlord's one-third. Judgment was entered affecting the tenant's two-thirds, but reserving a determination as to the landlord's one-third. That judgment was not appea...
Views: 0
This is an appeal from a judgment of the district court of Summit county. The undisputed facts, briefly stated, are that one Charles Edwin Wentworth, hereinafter called the insured, on the 26th day of January, 1915, made application for life insurance to The Equitable Life Assurance Society *Page 583 of the United States, a New York corporation, hereinafter called the insurer, in the sum of $1,00...
Views: 1
This case is here on direct appeal from the district court sitting in and for Fremont County, to review a judgment rendered upon a trial without a jury, in an action brought by the owner of a building in the town of Riverton in said county to recover from the defendant an amount claimed as damages because of the closing of a basement room in said building which had been rented by plaintiff to defe...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 595 Petitioner is here seeking an annulment of an award of the Industrial Accident Commission. Lorin Savercool, *Page 596 a minor twenty years of age, while in the petitioner's employ, received injuries which resulted in his death. A claim was filed by his f...
Views: 3
The decedent, Kate W. Bassett, died on the eleventh day of November, 1923, in the county of Los Angeles, being a resident of said county and leaving estate therein. Shortly thereafter a will bearing date December 11, 1912, presumably an attested will, was duly admitted to probate and letters of administration with the will annexed issued to Frank Bryson, public administrator of Los Angeles County....
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 447 The petitioners herein apply for a writ of prohibition, whereby they seek to prevent the respondent Superior Court of the County of Los Angeles and Honorable F.C. Valentine, one of the judges thereof, from taking any further proceedings in connection with...
Views: 6
THE COURT. In its application for a writ of supersedeas pending the final determination of this action on appeal the petitioner admits that if the judgment as rendered by the trial court is affirmed in toto no prejudice will be suffered by it. The court has this day handed down its judgment affirming the judgment of the trial court as rendered. For that reason the writ is denied. *Page 576 ...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 559 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 560 This is a companion appeal to that already considered by the court in Roberts v. Spires et al., 195 Cal. 267 *...
Views: 2
Petition for the probate of the will of Percy R. Barton, deceased, was presented to the superior court of San Diego County. In admitting the will to probate the court found, among other things, that Percy R. Barton died September 2, 1922, in San Diego County; *Page 510 that he was a resident of San Diego County at the time of his death; that he left property in said county, and that the document ...
Views: 7
The petition shows that on January 18, 1922, an action entitledM. Levinson v. Herman Silverman was filed in the superior court of Los Angeles County, wherein the plaintiff sought to recover $5,150, with interest, as a balance alleged to be due the plaintiff under a contract *Page 586 assigned to him; that judgment was entered for the plaintiff on May 5, 1924, for $6,768.92; that notice of entry o...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 416 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 417 The petitioner herein applied for a writ of prohibition whereby it seeks to have the respondent Superior Court...
Views: 10
The petitioner herein seeks by writ of mandate to compel the respondent as Commissioner of Corporations of the state of California to file and assume jurisdiction over the petitioner's application for permission to distribute to its shareholders the sum of $415,000 out of its surplus money and property on hand, which surplus has been created by the act of the petitioner Corporation in reducing its...
Views: 9
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 470 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 471 The application for a writ of mandate herein presents a companion case to that of Dominguez Land Corp. v. Daug...
Views: 5
The petitioner herein applies for a writ of mandate whereby it seeks to have the respondent in his capacity as Secretary of State file the petitioner's amended articles of incorporation, a copy of which is attached to its petition herein, the respondent having refused to receive or file the same for certain specified reasons which are fully set forth in said petition. The facts upon which the peti...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 536 This appeal is presented by a bill of exceptions. Appellant, Mollie A. deFrees Brownrigg, is the issue of the marriage of John M. deFrees, deceased, and his former wife, Susan S. deFrees. In the year 1888, the wife brought an action against her husband fo...
Views: 7
This is an appeal by the defendant from a judgment against him for $8,000 in an action brought to recover damages for slander. The allegations of the complaint were denied and as a separate defense numerous incidents in the conduct of plaintiff's hotel business were set forth as a justification for some of the slanderous remarks alleged to have been made by defendant. The complaint contained a ...
Views: 0
Action in unlawful detainer. Plaintiff acquired the real property in controversy as a gift from his father, Ralph Granger, a few months prior to the commencement of the action. Prior to conveying this property to his son, Ralph Granger had leased it to the defendant. According to the contention of plaintiff and his father, the term of this lease was one year beginning on March 15, 1921. A copy of...
Views: 0
The question involved here is the manner in which a school or schools are located in union *303 school districts. In this case a union school district, later known as “Feather Eiver Union School District,” was organized as required by law by merging two existing school districts in Yuba County. Shortly after the formation of the Union School District the defendants Mann, Beard, Hanson, Parsons ...
Views: 3
This is an appeal upon the judgment-roll alone in an action wherein the plaintiff sought to recover possession of a certain gasoline engine, or the value thereof. The defendant had judgment and the plaintiff appeals. [1] The only points relied upon for reversal are the alleged inconsistencies in the findings and that, therefore, the judgment is not supported by the findings of fact. At the conclus...
Views: 1
This action was commenced for the purpose of having a grant deed decreed to be a mortgage. At the conclusion of plaintiff's evidence the trial court ordered a nonsuit, apparently on the ground that there was no evidence from which the court could find that the deed was intended by the parties as a mortgage, and judgment went accordingly. Plaintiff appeals. *Page 380 [1] There was evidence tendin...
Views: 0
The defendant was convicted pursuant to section 464 of the Penal Code, December 21, 1918, of burglary by means of explosives. The indictment charged him with "wilfully, unlawfully, feloniously and burglariously breaking and entering the store building . . . with intent to commit a crime. . . ." The indictment failed to allege either the name or nature of the crime which it was alleged he intended ...
Views: 2
The judgment in this case determines that certain shares of stock of the John E. Yoakum Company, a corporation, are. property of the estate of John E. Yoakum, and that plaintiff is entitled to possession thereof; and orders that the several defendants transfer to plaintiff the shares of stock held by them, as evidenced by their certificates of stock. The findings of fact, which closely follow t...
Views: 0
This appeal is by the plaintiff from a judgment against him for something over $1,500 upon a cross-complaint filed by defendant as administrator with the will annexed of the estate of Susan H. Parsons, deceased, in an action in which the plaintiff sought to recover from defendant, as such administrator, $985, alleged to have been advanced to decedent upon an open book account. *220 The extrem...
Views: 0
The defendant was charged with the crime of grand larceny, alleged to have been committed on the fourth day of December, 1916. He was arraigned on the ninth day of December, 1916, and entered a plea of guilty. December 29, 1916, he was admitted to probation for a term of ten years. April 11, 1925, the order granting *Page 261 probation was revoked and the court entered judgment "that the said Fra...
Views: 3
This is an application for leave to sell real property. The application was made by Laurel Hill Cemetery Association. In the lower court George Clark Sargent and others appeared as contestants. A hearing of the application was had and thereafter the trial court made an order granting the leave. From that order the contestants have appealed, and have brought up the judgment-roll and a bill of excep...
Views: 1
Plaintiff leased certain lands to defendants for a term of five years commencing on the first day of December, 1921, at a "rental for first two years of $2,000 per year and rental for the three years following $2,500 per year, payable semi-annually, every six months, in advance." Defendants went into possession under the lease and paid the first two installments of rent. They vacated the premises ...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 231 The plaintiff, Southern Pacific Company, a corporation, brought this action to recover from defendant, Elsie Ann Swanson, $1,350, alleged to be due it as rent for a certain store building at 36 Steuart Street, San Francisco. The case was tried by the cour...
Views: 1
On the sixth day of December, 1922, the plaintiff was injured as the result of a collision between two automobiles, one owned by the appellant, Miller Automobile Company, and the other by the defendant, S.S. Albright Company. The collision occurred at the intersection of Tenth and S Streets in the city of Sacramento. Plaintiff obtained judgment against the appellant, Miller Automobile Company, for...
Views: 9
The plaintiff was given judgment and the defendant has appealed therefrom. The complaint alleges that on or about the twelfth day of May, 1923, the plaintiff and the board of trustees of the defendant district "entered into an agreement whereby plaintiff was employed as principal in the said Manton Joint Union School District at a salary of two thousand dollars per year payable as follows: $200 pe...
Views: 4
It was alleged in the complaint filed by respondent, and admitted by the answer thereto, that on or *Page 153 about the second day of January, 1921, the appellant purchased from respondent and the latter's assignor certain capital stock of the Santa Monica Soft Water Company, a corporation, and that appellant then agreed to pay therefor, in addition to the stipulated sale value, such amount of pr...
Views: 1
This appeal is by the plaintiff from a judgment against her in an action in which she sought to *Page 149 recover three bonds of the Home Telephone and Telegraph Company, of the face value of $1,000 each, which she had delivered to the defendant and which it refused to return to her because of a claim of ownership made by E.S. Crocker, who intervened in the action and in whose favor judgment was ...
Views: 0
An action to recover real estate broker's commissions, alleged to be of the reasonable value of $1,000, for which amount judgment was given in favor of plaintiff. Defendant appeals. On April 21, 1922, Hufschmidt, the appellant, made a written contract with Umphray, the respondent, whereby, in consideration of a small cash payment and the prospective services of respondent as agent, he agreed to de...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 264 This is an action brought to recover the sum of $5,460 for work done in graveling a county road under a written contract executed with the County of Sonoma under the provisions of section 2643 of the Political Code. The action is termed a suit in equity, ...
Views: 0
This is an appeal by the plaintiff from a judgment against him in an action wherein the complaint presented the following facts: The defendant bank is a corporation organized under the laws of the state of California. Its capital stock consists of 250 shares of the par value of one hundred dollars each. The number of directors of said corporation provided for in its articles of incorporation is th...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 374 A complaint was filed in the justice court of Los Angeles township containing four counts, each charging the defendant with the commission of the crime of grand larceny. A preliminary examination of said defendant was held upon said complaint and the comm...
Views: 7
This is an appeal from a judgment of nonsuit in an action to annul an assessment levied against plaintiff's property situated in Reclamation District No. 2054, in Sutter and Butte Counties, on the ground that said property was illegally included within said district, not being the character of swamp and overflow land subject to reclamation as provided by statute. The action was brought under the p...
Views: 0
The defendants Betz and Mabrey, copartners, have appealed from the judgment herein in favor of plaintiff for the value of sixteen elevator doors. The original complaint, which was filed November 18, 1922, alleged that on the ninth day of November, 1922, the plaintiff was the owner and in possession of the doors, and certain appliances, which were of the value of $2,500; that on that day the defend...
Views: 1
Action to enjoin defendants from interfering with the use of certain real property alleged by plaintiff to be owned by her. The property in dispute is situated in the city of Petaluma and forms a part of what is known and designated as block 517. The complaint alleges plaintiff to be the owner of two separate parcels of land located within said block. The first is described as beginning at the sou...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 336 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 337 Defendant was tried under an information in two counts. Under the first of these the charge was grand larceny....
Views: 22
Action to recover the sum of $10,000 as damages for personal injuries alleged to have been suffered by plaintiff on account of having been run down by an automobile driven by the defendant William Wilson Scamell, a minor son of J.W. Scamell. Plaintiff McNulty was employed as a street-sweeper by the city of Santa Rosa at the time of the accident in question, and the State Compensation Insurance Fun...
Views: 13
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 461 This is an appeal from a judgment in favor of plaintiffs granting a permanent injunction against defendant from proceeding to enforce a certain judgment and setting aside and canceling the same. The complaint alleges that defendant herein on April 17, 192...
Views: 7
Action to recover damages for personal injuries which the plaintiff claims to have received as the result of negligence of the defendant in the operation of a train of freight cars at a street crossing. The case was tried before a jury, which returned a verdict in favor of the defendant. The plaintiff appeals from the judgment. The principal errors assigned relate in part to the refusal of instru...
Views: 3
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 270 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 271 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
Views: 10
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 404 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 405 The defendant was indicted by the grand jury of Nevada County for the crime of rape with his own fourteen year...
Views: 11
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 314 The action was commenced by plaintiff, Edna Vanasek, to quiet title to certain land in Alameda County as against Frank Strybl, appellant herein, Erzsi Novak, respondent, Joe Novak, the husband of respondent and others. Respondent filed her answer to the c...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 164 The defendant was convicted under an information charging him with wilfully and unlawfully maintaining a common nuisance at a certain building or *Page 165 house numbered 1109 Fifth Street, in the city of Sacramento, state of California. From this judgme...
Views: 12
The defendant was convicted under an indictment charging him with wilfully and unlawfully maintaining a common nuisance at a certain house or building, numbered 1417 Twenty-second Street, in the city of Sacramento, county of Sacramento, state of California. From the judgment of conviction and the order denying his motion for a new trial the defendant appeals and assigns as grounds for reversal, to...
Views: 0
The defendant was convicted of the offense of maintaining a nuisance upon an information in the following words and figures, to wit: "Salvatore Buonocore is accused by the district attorney of said county of Sacramento, by this information of the crime of maintaining a common nuisance, committed as follows: "The said Salvatore Buonocore, on the ____ day of November, A.D. 1924, in the said County o...
Views: 0
The defendant was convicted of maintaining a nuisance by having unlawful possession of intoxicating liquor at 3016 W Street in the city of Sacramento on the ____ day of December, 1924. The conviction was had upon the theory that unlawful possession of intoxicating liquor within a building constituted the crime of maintaining a common nuisance. The information in this case is similar to the informa...
Views: 0
The defendant was convicted of maintaining a nuisance and from the judgment following conviction appeals to this court. The information upon which the defendant was tried is identical in form and substance with the information in the case of People v. Salvatore Buonocore, ante, p. 208 [238 P. 812], save and except the location of the building or house in which the intoxicating liquors were found. ...
Views: 1
The defendant was convicted of the offense of maintaining a nuisance by having in his possession a jug containing about a gallon of intoxicating liquor at a certain building or house occupied by him at No. 714 in the alley between M and N Streets, in the city of Sacramento, and appeals from the judgment of conviction. [1] The evidence in this case shows nothing further than the mere possession of ...
Views: 2
This is an appeal by the defendants Alturas State Bank. A. Hafer and J.F. Hansen from a judgment in favor of the plaintiffs in an action brought against the defendants for the alleged conversion of 617 head of sheep belonging to the plaintiffs, taken and removed by the defendants from a larger band of sheep owned by said plaintiffs. It appears from the transcript that the plaintiff Anna Sherlock w...
Views: 1
This is an appeal by defendant M.S. Nunes from an order denying his motion to set aside a judgment entered against him for $2,658.58 after his default had been entered. The motion was made upon the ground that the judgment-roll shows upon its face that the judgment against said defendant is void. This position is predicated upon a contention that the complaint does not state a cause of action agai...
Views: 1
This is an action brought under the provisions of section 3414 of the Political Code to determine the rights of the parties hereto growing out of conflicting applications to purchase certain lands of the state of California, alleged herein to be swamp and overflowed lands. The facts related to the controversy are confused and complicated, but in so far as they appear to be necessary to the decisio...
Views: 0
In this action the plaintiff recovered judgment against defendant on account of defendant’s breach of a contract to purchase from plaintiff his crop of lettuce. The defendant appeals from the judgment. Appellant’s first point is that, for the reason that under a proper construction of the contract defendant was not required to accept more than three cars of lettuce, the complaint does not state...
Views: 0
OPINION OF THE COURT By skeleton transcript filed May 11, 1925, it appears that on February 25, 1925, there was filed in the office of the clerk of the district court a judgment in favor of plaintiffs, concluding as follows: "* * * To all of which defendants * * * duly except, and pray an appeal in open court, which said appeal is hereby granted. "Done at Hillsboro, N. Me...
Views: 2
OPINION OF THE COURT [1] Plaintiff (appellant) brought suit against defendant (appellee) on a certain contract wherein, according to plaintiff's allegations, he was to receive a certain fixed salary and, in addition thereto, the equivalent of the regular dividends on $5,000 of stock of the defendant company to be declared by said company each year during the employment of...
Views: 1
This action was commenced in this court by original petition filed on January 13, 1925, by Marland Refining Company, a corporation, employer, and the Travelers Insurance Company, a corporation, insurance carrier, as petitioners, to review a decision and award of the State Industrial Commission in favor of W. F. Colbaugh, employe, made under the provisions of the Workmen's Compensation Act. The fin...
Views: 4
The plaintiff in error was the plaintiff below, and the defendants in error were the defendants. The parties will be designated herein as plaintiff and defendants, as they appeared in the trial court. The suit was filed September 28, 1912. The allegations of the petition are to the effect that plaintiff is the duly appointed, qualified and acting legal representative of James Unger, deceased. That...
Views: 0
Defendant in error has filed a motion to dismiss the appeal, alleging the case-made attached to the petition in error to be void for two reasons. The first ground relied upon has been determined adversely to movant's contention and will not be considered. As the second ground for dismissal the city of Tulsa says that the case-made was settled and signed in the absence of its counsel on a day subse...
Views: 0
The plaintiff in error, plaintiff below, was in the employ of the defendant as a rear brakeman on one of its freight trains at the time he received a personal injury. The line of railway of the defendant and that of the Missouri, K. T. intersects, at right angles, in the city of Muskogee. The defendant's line crosses the Missouri, K. T. track in an easterly and westerly direction. There is a hor...
Views: 1
This action was commenced in the district court of McIntosh county, Okla., by G.W. Harper, plaintiff, against M.T. Tancred, defendant, to quiet title to and for possession of certain real estate. By order of the court J.H. Kimbro, Ida E. Kimbro, and Eloise G. Smock were made parties defendant, on account of their deeds appearing in the chain of title. The cause was tried by the court without the i...
Views: 1
The defendant in error, as plaintiff, instituted this action against the plaintiff in error, as defendant, to recover the sum of $278.72, together with interest thereon. The parties will be referred to as they appeared in the trial court. Briefly stated, the facts are as follows: On the 15th day of January, 1923, the plaintiff herein had on deposit in the Central Exchange Bank of Woodward $725.27,...
Views: 0
This action was originally instituted in the district court of Carter county, Okla., by the state of Oklahoma ex rel. Attorney General, against Buck Garrett, sheriff of Carter county, by the Attorney General filing a petition praying for the removal of said Buck Garrett from the office of sheriff, alleging in the first count thereof that said Garrett permitted the operation of illicit stills for t...
Views: 2
This suit was instituted in the district court of Garvin county, Okla. on the 27th day of May, 1920, by the plaintiffs, S. H. King et al., defendants in error, against the defendant, W. M. Freeman, plaintiff in error, for the possession of certain lands and damages for the rental value of said land for the years 1917, 1918 and 1919. The land in controversy was the allotment of Jess Collins, a Chic...
Views: 3
Leona Ferrin, administratrix of the estate of James Ferrin, deceased, commenced this action in the district court of Creek county against Dan Tankersley to recover damages for the alleged wrongful death of her husband, James Ferrin, who, at the time of the injury complained of, which brought about his death, was in the employ of the defendant. The answer was a general denial, coupled with the plea...
Views: 0
This appeal is prosecuted by plaintiffs in error K. A. Norton and E. Davis, defendants below, to reverse a judgment of the district court of Alfalfa county, obtained by the defendant in error, F. M. Beydler, who, as plaintiff in said court, had recovered a judgment against plaintiffs *Page 80 in error on two promissory notes. The action originated before a justice of the peace of Alfalfa county, ...
Views: 0
The parties will be referred to as they appeared in the court below. This action originated in the district court of Tulsa county, Okla., in which the plaintiff brought suit to recover taxes which it alleged to be invalid, and paid under protest. After the first half of the tax for the year 1921 became payable and before they became delinquent, the plaintiff paid one-half of its tax and served not...
Views: 0
The plaintiff in error will be referred to as defendant, as in the court below. The defendant was charged by information with the crime of bigamy. A jury was waived, and a stipulation of facts entered into, and the case submitted to the court on such stipulation. Upon the undisputed facts as set out in the stipulation, it appears that the defendant is a muchly married individual, and given time wo...
Views: 1
Plaintiff in error F.D. McPhetridge was convicted of unlawful possession of intoxicating liquor, and in accordance with the verdict of the jury was sentenced to pay a fine of $50 and be confined in the county jail for 30 days. From the judgment he appealed by filing in this court, January 7, 1925, a petition in error with case-made. The Attorney General has filed a motion to dismiss the appeal as ...
Views: 0
Plaintiff in error will be referred to as defendant, as in the court below. *Page 307 From a conviction on a charge of receiving stolen property defendant appeals, assigning as error the insufficiency of the evidence and error of the court in admitting incompetent evidence. The record discloses that on March 13, 1922, a purse containing money and jewelry was stolen from a Mrs. Mayfield in Oklahom...
Views: 0
By verdict of a jury plaintiff in error, here referred to as the defendant, was found guilty of the illegal possession of whisky, with his punishment fixed at confinement in the county jail for a period of 90 days and to pay a fine of $250. The assignments of error may be summarized as follows: (1) Failure to prove venue; (2) erroneous instructions to the jury; (3) defective and void verdict; (4) ...
Views: 0
This is a petition for writ of habeas corpus, filed in this court August 21, 1925, whereby Homer Roberts seeks to obtain his discharge from the Blaine county jail on the ground that he is unlawfully restrained of his liberty by H.J. Law, sheriff of Blaine county. It is averred that his illegal confinement and detention consists in this, to wit: That a commitment was illegally issued by W.F. Duncan...
Views: 0
The plaintiff in error will be referred to as defendant, as in the court below. From a conviction in the county court on a charge of assault and battery, the defendant has appealed. The evidence of the state sustains the allegations of the information. The defense is an alibi. The principal error complained of is the admission of incompetent evidence. The record discloses the following state of fa...
Views: 0
The plaintiff in error will be referred to as defendant, as in the court below. From a conviction on a charge of unlawful possession of intoxicating liquor, the defendant appeals. The contention is made that there is no proof of the alcoholic content of the liquid in question. The record discloses that on the 26th of April, certain officers went to the residence of defendant and found a barrel con...
Views: 2
From a conviction upon a charge of having possession of intoxicating liquor with intent to sell, the plaintiff in error, hereinafter referred to as defendant, has appealed. He was charged with having possession of 16 gallons of "choc" beer and 1 1/2 gallons of wine and two-thirds of a quart of whisky. The evidence on the part of the state sustained the allegation, which was denied by the defendant...
Views: 0
From a conviction in the superior court of Okmulgee county on a charge of unlawful possession of intoxicating liquor, the plaintiff in error, hereinafter referred to as defendant, has appealed, assigning as error, first, that the court admitted incompetent evidence; second, misconduct of the trial judge. The record discloses that a search of the premises of the defendant was made by the sheriff of...
Views: 2
This is an appeal from a judgment awarding plaintiff the sum of $1,837.69, with interest from November 30, 1922, being the amount paid by plaintiff on that date, under protest, as the tax computed on an assessment of the amount received for the year ending June 30, 1922, from lessees of plaintiff's coal mines in Musselshell county. The complaint herein alleges that these mines were operated by cer...
Views: 1
This is an original proceeding on application for a writ of supervisory control. Upon filing of the petition, an order to show cause was issued, returnable for final hearing June 26, 1925, as to whether the writ should issue. On the return day the respondents appeared by counsel and filed a motion to quash the order, and the matter was thereupon regularly presented on the merits. It appears that o...
Views: 4
This court has never had occasion to pass upon the question involved in this appeal. So far as we have been able to find, New York is the only jurisdiction where the general proposition contended for by us has been denied. To make that proposition clear, briefly stated, it is this: Where it appears to have been the intention under a contractor's bond on a construction contract on public work, wher...
Views: 1
In the complaint in this action it is alleged, among other things, that the plaintiff is the owner of land in the Chestnut Valley irrigation district; that the district has regularly issued and sold its bonds in the sum of $140,000; that in conformity with the statutory requirements the board of commissioners levied a tax for the year 1922 sufficient in amount to pay the interest on the bonds for ...
Views: 4
In this action the plaintiff, under claim of ownership, seeks to obtain the possession of about two-fifths of an acre of land in Yellowstone county, occupied by the defendant. The complaint is in two counts, the first being in ejectment, and the second in equity to enjoin the defendant from occupying or using the premises involved. The allegations of the plaintiff's complaint are denied generally ...
Views: 2
This is an action by respondent Richards, the buyer, against Jarvis and wife, the sellers, and Lemhi Valley Bank, the escrow-holder, appellants, for the rescission of a written contract for the purchase and sale of real and personal property and for the return of a $3,000 deposit made by respondent upon the purchase price. In their joint answer and cross-complaint, the sellers ask for a rescission...
Views: 1
This is an action for damages instituted by the respondent against the appellant for injuries alleged to have been sustained by the wife of respondent by reason of the negligence of the appellant. The complaint alleges in effect that the wife of the respondent was driving a horse hitched to a buggy and that while crossing the tracks of the respondent company she suffered injuries due to the danger...
Views: 0
Respondents brought this action to foreclose a vendor's lien upon certain real property sold by them to the appellant. Judgment was rendered for the amount claimed, and foreclosure of the lien adjudged, and the premises ordered sold to pay the same. This appeal is from the judgment. Respondents first alleged that they sold and conveyed the property to appellant, by warranty deed, for the sum of $2...
Views: 4
The plaintiff, Mrs. Morehouse, for herself and the three minor children of herself and deceased husband, seeks recovery of damages for his death caused, as she alleges, by the city's negligent obstruction of Grand avenue, one of its principal streets; in that it caused the paved roadway of that avenue to be obstructed by a dwelling house being moved thereon and which was left during the darkness o...
Views: 4
The petitioner, Mary J. Thomas, as administratrix of the estate of Mary E. Smith, deceased, which estate is being administered in the superior court for King county as probate case No. 35,859, filed her petition in that case, reading as follows: "Comes now Mary J. Thomas and respectfully petitions *Page 637 and represents to the above-entitled court as follows: "I. That she is the duly appointed ...
Views: 0
This action was brought to recover a real estate brokers' commission on the sale of furniture, fixtures, furnishings and a leasehold interest of several years in a hotel in Seattle. The employment of the brokers was not in writing. The defendant has appealed from a judgment against her. Two questions are presented, (1) was the agreement employing the brokers within the statute of frauds; and (2) d...
Views: 3
On and prior to March 5, 1918, S.L. Cravens held in his own name the title to a leasehold interest in certain real property and a building thereon which was not a part of the realty, situated in Yakima county. By a written instrument of that date, he "granted, bargained, sold, assigned, transferred and set over to" his brother, O.P. Cravens, an undivided one-half interest in and to the leasehold a...
Views: 0
— This action was brought by John H. Scott and wife to recover damages for trespass on real property, committed by the defendants, Benevolent and Protective Order of Elks, Lodge No. 1102, and E. Mc-Williams and George L. Boss, partners doing business as McWilliams & Boss. The plaintiffs were non-suited on motion of the defendants at the trial to a jury, and have appealed. The ev...
Views: 0
The appellants, Panovich, on a trial by jury, were convicted of the crime of opening up, maintaining and conducting a place for the unlawful sale of intoxicating liquor. The evidence disclosed that the appellants were maintaining and conducting a place of business in the city of Spokane wherein soft drinks, cigars, cigarettes, tobacco, gum and other similar articles were sold. The police officers ...
Views: 2
In the early part of the year 1922, one J.J. Burns petitioned the department of public works for a certificate of public convenience and necessity authorizing him to "furnish passenger and express service" by means of motor propelled vehicles between the cities of Yakima and Ellensburg. At the time of the filing of the petition, there was only one available public highway between the cities named....
Views: 0
— This action was originally commenced by the plaintiff Gronnert in the superior court for Cowlitz county, seeking recovery of, and quieting his claim of title to, a tract of land and a sawmill plant thereon, situated in that county. Gronnert’s claim of title was rested upon a sheriff's deed issued to' him by the sheriff of that county following a sale under an execution issued upon a judgment re...
Views: 0
— Discarding much that-appears in the briefs in this case regarding complications arising out of the pleadings, and many questions of faot which do not go to the merits of the controversy, this can be summarized, as far as necessary for its determination, in very nearly the same manner as it is stated in the respondent’s brief. Prior to February 10,1923, the respondent, who was the manager of a...
Views: 0
— The plaintiff, Patón, commenced this action in the superior court for Snohomish county, seeking recovery for personal injuries claimed by him to have been the result of the alleged negligent driving of an automobile by the defendant, Edwards. A trial in that court sitting with a jury resulted in a verdict awarding to the plaintiff recovery in the sum of $400. A judgment was rendered thereon acc...
Views: 6
This is an appeal from the judgment of the trial court made in habeas corpus proceedings. The petition for the writ alleges that, on a certain day in June, 1924, the petitioner was, by a justice court in the city of Spokane, found guilty of practicing dentistry without having a license, and was sentenced to a term of thirty days in the county jail; that thereafter the justice court suspended the s...
Views: 3
The mind of a Gaboriau might grasp the turbinated whirl of incidents in this case, but one not similarly endowed experiences some difficulty in unraveling the confused skeins. As near as *Page 43 it is possible to state the facts, they are: In October, 1918, A.Q. with his then wife E.Q. sold land in Benton county to P., taking P.'s note and mortgage on the land for $4,800, dated October 1, 1918, ...
Views: 3
Respondent, as plaintiff, brought this action to recover from the defendant a certain certificate of deposit for $1,000, alleged to be the community property of his decedent and Nancy J. Stevens, who had been husband and wife for some thirty years preceding the death of the decedent. The case was tried to the court upon an agreed statement of facts, which is as follows: ...
Views: 0
The prosecuting attorney of Snohomish county, by information filed in the superior court, charged that the defendant Reed, in that county, did carnally know and abuse a girl of the age of thirteen years, not his wife. A trial upon the merits in the *Page 107 superior court resulted in a verdict finding the defendant guilty as charged, upon which, following the overruling of his motion for a new t...
Views: 2
Appellant was charged with the crime of murder in the first degree. He was found guilty of manslaughter. There is only one assignment of error. The judgment provides that the appellant be punished by confinement at hard labor in the state penitentiary for not less than nineteen years and eleven months and not more than twenty years. Appellant's contention is that the minimum term fixed by the judg...
Views: 1
— Complaint was filed in the justice’s court presided over by the respondent, charging appellant with the offense of manufacturing liquor with intent to sell. The relator was arrested and, without the advice of counsel, entered a plea of guilty and was sentenced to the maximum imprisonment and fine provided by the statute. Immediately thereafter he presented his motion for leave to vacate the jud...
Views: 0
The demurrer was sustained to the appellant's complaint, which set forth that, on May 30, 1923, he had entered into an option with the respondent to purchase timber, the option being in the following language: "We, I, the undersigned, in consideration of the sum of Five Dollars ($5) in hand paid, the receipt whereof is hereby acknowledged, do hereby grant unto C.C. Chambers, of Spokane, Washington...
Views: 0
— The appellant, on January 3,1924, owned a house in Spokane, and the respondents are plumbers. On that very cold day, the water pipes under the kitchen sink were frozen and the appellant’s tenants called the respondents to thaw them out. The complaint charges that the thawing was negligently done and resulted in the destruction of appellant’s property by fire. The case was taken from the jury at...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 606 The matter which is here presented for determination by this court purports to be a petition for a writ of prohibition. Through some inadvertence, an order to show cause why an "alternative writ of prohibition should not issue" was served upon the respond...
Views: 12
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 657 This is a proceeding in mandamus, instituted in this court, to compel the board of public works of the city and county of San Francisco to issue a permit for the construction of a milk pasteurizing, bottling, and distributing plant upon the property of pe...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 625 The deceased, Hannah L. Henderson, died in the county of San Joaquin, her place of residence, on the twenty-second day of October, 1922, of the age of about eighty-four years, leaving surviving her a son and a daughter, to wit: The appellant herein, Orrin...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 641 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 642 This is an appeal from a judgment refusing to admit to probate a document purporting to be the will of Matthew...
Views: 9
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 414 Plaintiffs, Samuel C. Tomsky and Lee Andrew Cole, as copartners doing business under the firm name of Rauer Collection Company, and the corporate defendant, Rauer's Law and Collection Company, Inc., of which the individual defendants Roy E. Clark, J.J. Ra...
Views: 0
These three causes of action grew out of an effort on the part of John R. Spurrier to gain control of his minor children and an effort on the part of J. W. Spurrier and Mrs. J. W. Spurrier, father and mother of John R. Spurrier, to retain custody and control of the minors, their grandchildren. On June 5, 1923 J. W. Spurrier filed his petition in the district court of Rogers county, *Page 243 agai...
Views: 1
The parties will be referred to herein as they appeared in the trial court. The plaintiff, J. R. Fant, brought action against the defendants, R. L. Buchanan, J. W. Runyons, W. W. Brown, John A. Haste, and P. W. Jones, seeking recovery on a promissory note for the sum of $3,000, dated January 21. 1921, payable August 1, 1921, with interest from maturity at the rate of 10 per cent. per annum, payabl...
Views: 4
This suit, involving about four millions of dollars in property, was brought in 1919 by Dr. Luther A. Nye, as guardian of Mollie Harjo, incompetent, against the Prairie Oil Gas Company, a corporation, and Margaret A. Keys in the district court of Creek county. The pleadings being exceedingly lengthy, we give a summary thereof as brief as may be to an understanding of the issues. Mollie Harjo, war...
Views: 0
For brevity and convenience the plaintiff in error will be referred to as defendant, as in the court below. The defendant was convicted in the district court of Craig county for the crime of uttering a forged instrument, the release of a mortgage, and sentenced to a term of seven years in the penitentiary. The following assignments of error are argued in the brief: First. That the information is d...
Views: 1
Elbert Kuykendall was indebted to respondent bank in the sum of $2,800 on February 19, 1920, and on that date made and delivered to the bank his promissory note for said sum and a chattel mortgage to secure the same was executed in due form by him and his wife to the bank covering personal property, the subject of this action. This mortgage was duly filed for record in the county in which the prop...
Views: 4
This is an appeal from a judgment of conviction rendered on the verdict of a jury finding the defendant, Frank Potts, guilty of unlawful possession of intoxicating liquor, and fixing his punishment at 30 days in jail and $200 fine. The undisputed facts are that the sheriff and four deputies, under authority of a search warrant, visited the defendant’s drug store in the town of Picher, for the p...
Views: 0
This is an appeal from a decision of the Idaho Public Utilities Commission made August 20, 1923, which required appellants to file tariffs making reductions in intrastate log rates to conform to reductions authorized by the Interstate Commerce Commission in Reduced Rates, decided May 16, 1922,Order No. 13,293, 68 I.C.C. 676, which reduced the rates one-half of the 25 *Page 186 per cent increase t...
Views: 1
John Arbini was a member of the Walla Walla Gardeners' Association, a non-profit cooperative association. He was expelled by the trustees for violating the rules of the association governing the marketing of products and failure to pay a fine imposed. He appealed from the order of the trustees to the full membership, at a meeting of which due notice was given and hearing had according to the const...
Views: 0
Plaintiff, Stella Thornton, and defendant, Everett Thornton, were divorced in 1912, she being awarded the custody of their child and he being ordered to pay $10 a month for its support. In January, 1925, he filed a petition for a modification of the decree relieving him from all further payments. She answered and also filed a cross-petition that he be required to pay $25 per month for the support ...
Views: 0
On October 23, 1923, the appellant, Anna J. Clebanck, and the respondent, Margaret Bliss, entered into a contract whereby the appellant agreed to sell, and the respondent agreed to purchase, a lot in the city of Seattle upon which there was an apartment house, together with certain of the furnishings *Page 33 of the apartment house. The contract price agreed to be paid for the property was $51,00...
Views: 1
The plaintiff, Caine-Grimshaw Company, as assignee of Jackson Brothers, commenced this action in the superior court for Whatcom county, seeking recovery of a balance of $705 claimed to be due for repair work done by Jackson Brothers for the defendants, White and wife, upon their dwelling house situated in that county; and also seeking foreclosure of a mechanics' and materialman's lien therefor fil...
Views: 0
This is a personal injury action growing out of a collision between an automobile stage and a Ford coupe at a street intersection in the city of Everett. The case was tried to a jury, which rendered its verdict in favor of the plaintiff for two thousand dollars. Under an alternative order made by the trial court, the plaintiff remitted $750 from the amount of the verdict and a judgment in the sum ...
Views: 0
On November 10, 1923, in Grays Harbor county, Guido Grossi shot and killed one Giuseppe Tolomei. He was charged with murder in the first degree, to which charge he entered a plea of not guilty by reason of insanity. On a trial before a jury, he was convicted of the crime and sentenced to be hanged. From the judgment of conviction he appealed to this court, wherein the judgment was affirmed. State ...
Views: 2
In the year 1921, the Kneeland Investment Company, a corporation, being then the owner of certain described lands situated in the town of Shelton, in Mason county, deeded the lands to the town to be used by it "for public park purposes;" the conveyance being made "upon the express condition subsequent that in the event that the property conveyed is put to any other or different use than that of a ...
Views: 2
— On August 19, 1922, the respondent, Roberts, entered into a contract with the appellants, Anderson, acting by and through the appellant F. W. Anderson, by the terms of which the appellants agreed to sell to him certain real property, situated in the city of Spokane. A writing evidencing the terms and conditions of the contract was entered into at that time and reads as follows: “August 1...
Views: 0
— The National Grocery Company, a corporation, commenced an action against J. R. Crowder and C. R. Wildes on account. It sued out a writ of attachment that was levied by .the sheriff by one of his deputies on a stock of merchandise belonging to the partnership of Crowder and Wildes. At the levy of the writ, a representative of the grocery company was present. In certain respects there is a disput...
Views: 0
Five cases were involved herein, consolidated for trial and for appeal. Similar issues and facts are involved in all of them except that appellants *Page 65 Escure and wife are not parties to one of the cases, as the land involved therein was not sold to them. The actions were brought to set aside specific tax deeds and conveyances thereunder which respondents allege constitute clouds upon their ...
Views: 2
This decision is utterly adverse to the very great weight of authority on the matter, and to just reasoning and principles. A sufficient statement of the case is not set out in the prevailing opinion. The relief prayed for in the complaint in the action in which a temporary restraining order was issued was for injunctive relief only. It is true that, in the amended complaint, certain expenses of e...
Views: 0
Information fails to allege value of property was over fifty dollars; fails to allege ownership, or that property was not that of defendant, all necessary allegations to charge grand larceny. 17 R.C.L. 59; 22 Cyc. 353. Indictment must allege necessary facts affirmatively, not by implication. State v. Dooley, 64 Mo. 146. Kind, quality, number, or value of property must be alleged when they enter in...
Views: 0
. Opinion by Parties will be referred to as they appeared in the trial court, inverse to their order here. Defendants, wife and husband, by parol agreement exchanged th'eir residence property- in Duncan for a residence and stock of merchandise of plaintiff in Konawa, Okla., difference to Mrs. West of $2,400, being evidenced by two promissory notes, secured by mortgage on the Konawa residence. P...
Views: 0
For brevity, the plaintiff in error will be referred to as defendant. *Page 352 Both the defendant and deceased are negroes, and were brothers-in-law. Defendant was 26 years old and a veteran of the World War. The deceased was 48 years old. Some slight misunderstanding had arisen between them, but, so far as the record discloses there had never been any quarrel or dissension of any kind. On Sunda...
Views: 1
For brevity and convenience, the plaintiff in error will be referred to as defendant, as in the court below. From a conviction on a charge of violating the prohibitory law, the defendant appeals. The petition in error contains various assignments, two only of which are discussed *Page 362 in the briefs, and these, in effect, question only the sufficiency of the evidence to sustain the verdict and...
Views: 0
OPINION OF THE COURT Under chapter 85, Laws of 1917, providing for the care, treatment, control, and disposition of neglected and dependent children, proceedings were had in the district court of Chaves county affecting Hazel Mae Wallace, a female child then of the age of 14 years, and other proceedings affecting Pauline Wallace, a female child then of the age of 12 years...
Views: 1
By stipulation the case of Boise City, a MunicipalCorporation, v. Martha J. Johns, together with that of BoiseCity, a Municipal corporation, v. Boise Development Company,Ltd., a Corporation, and H.L. Smith, Jr., were consolidated for hearing; involving questions of public importance, the parties asked for a speedy hearing and disposition of the cases, which was granted. The appeals were taken resp...
Views: 5
Appellant brought this action to enjoin the respondents, the City of Lewiston and its mayor and council, from enforcing two resolutions ordering the tearing down of two wooden buildings owned by him. This appeal is from the judgment denying the injunction. The procedure as to each building was similar, and may be treated as if only one resolution were involved. Appellant contends that the building...
Views: 2
On February 19, 1923, the district court sustained the demurrer of defendants, Melvin Chivers, John W. Stephens, Lillian Stephens, Thomas Stephens, William Leaton, S.J. Bradbury, William Millick, Earl Millick, Fred Funkhouser, A.D. Kelley, William Rabenort, W.A. Pierson, R.W. Philps and Everet Baxter to the third amended complaint, and dismissed the action as to them. Thereafter on motion of plain...
Views: 1
This action was commenced to foreclose a claim for a mechanic's lien for labor alleged to have been performed in the repair and improvement of a certain dwelling-house belonging to appellant. The claim of lien described the premises upon which the building stood as being located on Lot 3, sec. 6, T. 47 N., R. 3 W., B. M., Kootenai county, Idaho, when in fact it was located in the northeast corner ...
Views: 5
This proceeding was instituted by the board of commissioners of Drainage District No. 2, by petition, under the provisions of Sess. Laws 1925, c. 21, p. 29, to procure the ratification, approval and confirmation of an issue of bonds refunding two outstanding issues of bonds of the district, one in the sum of $480,500, bearing interest at seven per cent per annum, issued and dated August 1, 1920, a...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 370 This action was commenced by respondent Boise City, to condemn certain lands belonging to appellants for the construction of a highway from the city to the new Oregon Short Line passenger station, recently constructed on the bench south and beyond what ha...
Views: 3
— Appellant was convicted of having in his possession intoxicating liquors. As a result of a preliminary examination he was ordered held to answer in the district court. An information was filed against him, to which he entered a plea of not guilty, and was found guilty. Prior to the entry of his plea in the district court appellant moved to set aside the information on the ground that the *347 ...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 499 The appeal in this case was taken in the first instance to the district court of appeal, first district, division one. Inasmuch as it was a case in equity, that court, not being vested with appellate jurisdiction in such cases, ordered it transferred to t...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 711 The plaintiff commenced this action against the defendants, who, at the time of the commencement thereof, constituted the Board of State Harbor Commissioners, having control of the harbor of San Francisco, whereby he sought an injunction preventing the sa...
Views: 6
The return to the writ shows that the sheriff of the county of Los Angeles holds the petitioner in custody by virtue of a commitment out of the superior court of Los Angeles County in an action of the People v. T.S. Williams. The judgment in that action, as shown by the commitment, recites that in an information filed in said court the defendant was charged with the crime of "Violation Corporate S...
Views: 6
The plaintiff commenced an action against the defendant to obtain a judgment for moneys al *578 leged to be due and owing. The defendant answered and the action was tried before the court sitting without a jury. Judgment went for the plaintiff and the defendant has appealed under section 953a of the Code of Civil Procedure. Shortly prior to the eighth day of June, 1921, M. J. ...
Views: 0
Plaintiff brought this action as a citizen and taxpayer of the county of Humboldt against the county auditor, the county treasurer and six members of the board of supervisors of the county, one of whom had succeeded another during the time over which the controversy extended. The complaint was framed upon the theory that certain illegal claims against the county had been authorized by the board of...
Views: 1
Appellant was tried and convicted of the crime of failing, without lawful excuse, to furnish necessary support for his minor child, and sentenced to serve 180 days in the county jail of the county of Sacramento. Defendant’s motion for a new trial being denied, he appeals to this court therefrom and from the judgment of conviction above named. The only question assigned for reversal is that the ju...
Views: 0
From the petition of the applicant herein for a writ of review it appears that while acting in the course of his employment he suffered an injury in that he was overcome by carbon monoxide gas. For a period covering several months after he sustained the injury, petitioner suffered from some sort of illness, and the ultimate question submitted to the respondent Industrial Accident Commission was wh...
Views: 0
THE COURT. It appears from the petition that William Locke Paddon was, on the fifth day of September, 1924, adjudged *Page 605 guilty of contempt of court for having failed and neglected to obey a certain subpoena issued out of the superior court, in and for the city and county of San Francisco, state of California. (See Paddon v. Superior Court, 65 Cal.App. 34 [223 P. 91].) The petition herein f...
Views: 0
Plaintiffs sued the defendants for damages for fraud growing out of the exchange of two automobiles. The defendants' cross-complaint against the plaintiffs also charges fraud in the same transaction. The trial court found that both parties were guilty of concealment of facts material to the exchange and denied recovery to both. The *Page 624 defendants appealed from that part of the judgment "whe...
Views: 0
This matter comes before the court upon a writ of certiorari, the petitioner asking that an award of the Industrial Accident Commission of California be reviewed by this court. It appears from the record that Terry D. Foster, an unmarried man, met his death while in the course of his employment *Page 523 with the Reliance Oil Company at Huntington Beach, California. The deceased left surviving hi...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 497 In the information the defendants were charged jointly with the commission of the crime of attempting to commit grand larceny, with a prior conviction of a felony. Defendant Carter appeals from a judgment of conviction and from an order of the court denyi...
Views: 5
This is an action to foreclose a chattel mortgage given to secure a promissory note for the principal sum of $150. The appeal is by the defendants George T. and Zoe Vernon. The action was begun by Lillian M. Mann, who departed this life subsequently to the appeal but prior to the submission of the case here. The administratrix of her estate has been substituted in this court. Because it will condu...
Views: 2
Action by appellant H.O. Little against respondent Union Oil Company of California, a corporation. Appellant by his amended complaint alleges in the form of two separate causes of action facts arising from the same transaction. As a first cause of action it is alleged that on August 24, 1923, a writing – in part a printed form used by respondent in the conduct of its business as a dealer in gasoli...
Views: 6
OPINION OF THE COURT Appellant moved the court to strike the bill of exceptions and affirm the judgment upon three grounds. In the view we take of the matter, it is only necessary to consider the first two, which are: (1) That no legal or proper notice was given counsel for appellee of the intention of appellant to apply for an order settling the bill of exceptions herein...
Views: 0
The proceedings now pending before this court arose out of substantially the following facts: On May 17, 1915, one Shull gave plaintiffs a written option to purchase certain lands. Thereafter, on September 7, 1915, *Page 206 an agreement was entered into between Shull, the plaintiffs, and the Devereaux Mortgage Company, under the terms of which said company made two loans on the premises, one for...
Views: 0
The defendant was indicted by the grand jury of the city and county of San Francisco for unlawfully failing, without lawful excuse, to furnish necessary food, clothing, etc., for an illegitimate minor child, and thereby violating the provisions of section 270 of the Penal Code, as amended in 1923 (Stats. 1923, p. 592). To this indictment defendant entered a plea of not guilty and went to trial bef...
Views: 6
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 529 Plaintiffs, who are husband and wife, brought two actions in the court below. In the one first commenced they sued for the recovery of three months' rent, due, respectively, on the 15th of November, 1920, and the fifteenth days of February and March, 1921...
Views: 0
The plaintiff commenced this action to quiet title to certain property situated in El Cerrito Park, Contra Costa County. The complaint is in the usual form. The answer denies the material allegations of the complaint and sets up two separate defenses – ownership of the property by the defendant and plaintiff's acceptance of the deed under which she claims with full knowledge of the fact that the p...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 645 An appeal by defendant from an adverse judgment given in an action brought by plaintiff as vendee for the rescission of an executory contract for the sale of a one-half interest in a food products business, including certain merchandise, formulas, and rec...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 607 Action to recover the sum of fifty thousand dollars as damages for the alleged failure of defendant to provide plaintiff with medical and surgical necessities according to the terms of a contract, through which default it is claimed plaintiff contracted t...
Views: 0
The defendant in this case was accused by the district attorney of the crime of violating the Corporate Securities Act, committed as follows: "That the said S.A. Pace on or about the 28th day of November, 1923, at, and in the County of Los Angeles, State of California, did wilfully, unlawfully and feloniously engage, either wholly or in part, in the business of selling, offering for sale, negotiat...
Views: 5
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 423 According to the prayer of the complaint herein the purpose of plaintiffs in bringing suit against the *Page 424 defendant was to procure a decree of court that the defendant held certain real property in trust for plaintiffs; that plaintiffs' title to s...
Views: 2
So far as is deemed material to this appeal, the facts herein appear to be as follows: On April 24, 1913, defendants executed a trust deed conveying certain real property (on which was erected an apartment house) to a trustee for the purpose of securing a loan made by the plaintiff to defendants, which trust deed contained the usual provision that in case of default in the payment of either the in...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 443 Plaintiffs brought a suit against the several defendants, W.B. Scarborough Company, I.H. Fiske and William I. Traeger as sheriff of Los Angeles County, to set aside a sheriff's sale. The material facts leading up to the sale by the sheriff, of which compl...
Views: 7
The matter here involved comes to this court on an independent motion made by appellants that the respondents "immediately return to the treasury of the county of Los Angeles the deposit of seven hundred thirteen and 09/100 ($713.09), deposited with the county clerk and by the county clerk deposited in the treasury of the county of Los Angeles, . . . as a tender made by the plaintiffs herein to th...
Views: 3
The plaintiff appeals from a judgment herein. Filed and served their abstract of record upon the respondent on the thirteenth day of April, 1925. Under Rule 8, the time for serving briefs expired May 4, 1925. No brief has been filed, and on June 11th defendant filed a motion to dismiss the appeal and affirm the judgment. No counter-showing has been made and the judgment of the court below will be...
Views: 0
AFFIRMED. This is an action by the State of Oregon to recover the amount of five thousand dollars specified in an undertaking of bail filed in the Circuit Court of Multnomah County in a criminal action therein pending, in which one August Junge was indicted for the crime of larceny by bailee. Omitting the title of the criminal action, the attestation clause, the signatures of the defendants herein...
Views: 0
This is a proceeding in mandamus. The plaintiffs are defendants in a case pending in the district court of Salt Lake county. They have filed their answer to the complaint of plaintiff. Since filing their answer one Nathaniel Baldwin, by leave of court, has filed a complaint in intervention, from which it appears that he is an interested party in said cause, and is the party for whose benefit the c...
Views: 1
The plaintiff obtained a judgment against the defendants on the fourteenth day of February, 1925. The defendants served and filed notice of appeal on the fourteenth day of April, 1925. The undertaking was regular in form, but executed by the defendants The Fidelity and Deposit Company of Maryland, a corporation, as surety also. We know of no law that permits a surety company, against whom judgm...
Views: 2
A GENERAL demurrer to the complaint of the plaintiffs in error was sustained, they stood by their complaint, judgment went against them and they bring error. They were farmers who had joined the defendant, the Colorado Wheat Growers Association, had become dissatisfied with the management and with their contracts with that body, and so brought this suit to cancel them. One of the grounds on which ...
Views: 7
THE COURT. The facts of this case are the same as in In re Gohlke,72 Cal.App. 536 [237 P. 779]. Upon the grounds and for the reasons stated in the opinion in that case (per Knight, J.) the writ is discharged and the petitioner remanded to the custody of the sheriff of Fresno County. *Page 1 ...
Views: 1
On the 7th day of October, 1921, Robert E. Bryan, while attempting to drive a wagon across the tracks of the St. *Page 40 Louis-San Francisco Railway Company at the intersection of said tracks and Third street in Hobart, Okla., was struck by a motor train and almost instantly killed. Suit was filed by Ruth Bryan, his widow, on behalf of herself and four minor children, against the railway company...
Views: 0
Application for alternative writ of mandamus filed this 25th day of August, 1925. Cause dismissed, on motion of the petitioner, on the same day. ...
Views: 0
The information in this case charges that in Carter county, August 9, 1923, Son Hickman did take, steal, and carry away a certain Ford automobile, the personal property of W. L. Clayton. On the trial the jury returned a verdict finding the defendant guilty as charged in the information, and fixing his punishment at imprisonment in the state penitentiary for a term of five .years. From the judgmen...
Views: 0
In this case the Attorney General has filed a motion to dismiss the appeal, upon the ground that the plaintiff in error is a" fugitive from justice. This motion is supported by the affidavits of the sheriff and the county attorney of Canadian county, and proof of service upon the attorney for plaintiff in error is shown, but no response to said motion has been made. From the motion, and the affid...
Views: 0
This was a conviction, on information charging a violation of a city ordinance defining vagrancy. The city attorney has confessed error, and asks that the judgment of the municipal court of the City of Tulsa be reversed. An examination of the record discloses that the confession of error is well taken, and for insufficiency of the evidence, and upon authority of the case of Campbell v. State, 31 O...
Views: 0
On the twenty-sixth day of April, 1924, the plaintiff secured a decree of divorce from the defendant together with an order directing payment of attorneys’ fees and certain sums for the care and maintenance of their minor children. It was further ordered that the custody of one of the minor children, Thomas Claggett, be given to one Harriet Miller. It now appears from affidavits, which are cons...
Views: 2
— There is nothing involved in this case but questions of fact. The parties to the action owned adjoining lots in the town of Pullman. The dispute is about a strip of land ten feet wide and forty-four feet long, at the rear of these lots. Each claimed to have a deed to this strip. The respondent persuaded the appellant to give him a quitclaim deed to her interest. By this action she seeks to set ...
Views: 0

Non-Government Works Copyright © 2001-2026 Think Computer Corporation. All Rights Reserved.

About   Apps, Extensions & AI   System Status   Privacy   Security   Contact Us

ⓘ Information Facts

Sign In Sign Up
Issues Laws Cases News Firms Entities Pro
Sign In Sign Up