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All Reporters → p2d → Volume 209

Opinions in p2d Volume 209

Benjamin and Charlotte Blumberg sued to recover damages for personal injuries which she assertedly sustained when she fell in the lobby of a downtown office building in San Francisco. Their appeal from an adverse judgment challenges the ruling of the trial court granting the property owner’s motion for a nonsuit. According to the settled statement, about two hours after a dinner with Mr. and Mrs. ...
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93 Cal. App. 2d 545 (1949) RAY C. ROBERTS, Plaintiff and Appellant, v. CITY OF PALOS VERDES ESTATES et al., Defendants and Appellants. Civ. No. 17070. California Court of Appeals. Second Dist., Div. One. Sept. 7, 1949. McLaughlin, McGinley & Hanson and James A. McLaughlin for Plaintiff and Appellant. Donald Armstrong for Defendants and Appellants. DORAN, J. The record reveals that the ...
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This is an appeal from the judgment. Plaintiff filed the within action for damages based on the alleged negligence of defendant, an attorney at law, for failure to file an action for damages for personal injuries before the statute of limitations foreclosed the action. When the action was called for trial, defendant made a motion for judgment on the pleadings based on the contention that plaintiff...
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93 Cal. App. 2d 291 (1949) SHERMAN M. LAMONT et al., Appellants, v. WILBERT M. BALL et al., Respondents. Civ. No. 13878. California Court of Appeals. First Dist., Div. Two. Aug. 10, 1949. Irving M. Liner and Lionel B. Benas for Appellants. Deasy, Crittenden, Dodge and Alexander for Respondents. *292 DOOLING, J. Plaintiffs and appellants sued defendants and respondents for specific performa...
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This is a suit for injunction to restrain the defendants from maintaining or removing buildings alleged to have been constructed on the rights of way and easements of plaintiff across the lands of defendants in Solano County. The amended answer of the defendants alleges equitable defenses to the action. Plaintiff’s demurrer to the answer was sustained without leave to amend the pleading. Judgment ...
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93 Cal. App. 2d 295 (1949) LE ROY J. THEIN, Appellant, v. ALBERT STICHA et al., Respondents. Civ. No. 14030. California Court of Appeals. First Dist., Div. Two. Aug. 10, 1949. Joseph A. Brown for Appellant. Marvin G. Giometti, Alex L. Arguello and J. Joseph Sullivan for Respondents. GOODELL, J. Appellant brought this possessory action against respondents, who filed a cross-complaint for sp...
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93 Cal. App. 2d 261 (1949) THE PEOPLE, Respondent, v. IGNACIO REBOLLEDO, Appellant. Crim. No. 805. California Court of Appeals. Fourth Dist. Aug. 8, 1949. Tom Okawara for Appellant. Fred N. Howser, Attorney General, and Frank Richards, Deputy Attorney General, for Respondent. MUSSELL, J. Appellant was duly arraigned before a magistrate on charges of violation of section 288 of the Penal Co...
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93 Cal. App. 2d 479 (1949) CHARLES DANIELS et al., Appellants, v. JOHN McPHAIL et al., Respondents. Civ. No. 14057. California Court of Appeals. First Dist., Div. One. Aug. 29, 1949. Freitas, Keating & Freitas for Appellants. Martinelli, Gardiner & Riede for Respondents. WARD, J. The gist of this action appears in the following paragraph of the complaint: "That in the months of February an...
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Manuel Gonzales died March 2, 1948, in San Joaquin County, leaving an estate therein but no known resident relatives.. On March 11th, Sue H. Clowdsley, public administrator, filed a petition for letters of administration *441of the estate of said decedent, and letters were issued to her on March 22d. Subsequently that official found among the effects of decedent what purported to be a copy of a wi...
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93 Cal. App. 2d 276 (1949) GERALD NORWOOD, Appellant, v. FRED T. JUDD, Respondent. Civ. No. 13972. California Court of Appeals. First Dist., Div. One. Aug. 10, 1949. Bernal & Bernal for Appellant. Ralph Nathanson and Marshall Rutherford for Respondent. PETERS, P. J. Plaintiff, Gerald Norwood, brought this action against his partner in the contracting business, Fred T. Judd, for a disso...
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93 Cal. App. 2d 448 (1949) THE PEOPLE, Respondent, v. GERALDINE RHOADES, Appellant. Crim. No. 2089. California Court of Appeals. Third Dist. Aug. 22, 1949. Leslie C. Gillen, W. E. Halley and Archibald M. Mull, Jr., for Appellant. Fred N. Howser, Attorney General, and Doris H. Maier, Deputy Attorney General, for Respondent. PEEK, J. Defendant appeals from a judgment convicting her of four c...
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93 Cal. App. 2d 459 (1949) WILLIAM P. MEHERIN, Appellant, v. MARK M. MEHERIN, JR. et al., Respondents. Civ. No. 13964. California Court of Appeals. First Dist., Div. One. Aug. 24, 1949. Courtney L. Moore and Charles R. Collins for Appellant. Frank J. Mahoney for Respondents. WARD, J. Plaintiff in an action for dissolution of a partnership and for an accounting appeals from the judgment in ...
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93 Cal. App. 2d 417 (1949) EUGENE GOEHRING, Appellant, v. STOCKTON MORRIS PLAN COMPANY (a Corporation), Respondent. Civ. No. 7596. California Court of Appeals. Third Dist. Aug. 20, 1949. Mazzera, Snyder & DeMartini for Appellant. Lafayette J. Smallpage for Respondent. ADAMS, P. J. This is an appeal by plaintiff from a judgment entered upon a directed verdict in favor of Stockton Morris...
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93 Cal. App. 2d 467 (1949) E. A. SASNER, Appellant, v. EDWARD B. ORNSTEN, Respondent. Civ. No. 17047. California Court of Appeals. Second Dist., Div. One. Aug. 25, 1949. Hindin, Weiss & Girard for Appellant. No appearance for Respondent. WHITE, P. J. This is an action by plaintiff against defendant on three checks executed by the latter, two being made payable to one Lou Stein and the ...
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93 Cal. App. 2d 435 (1949) ELIZABETH A. KARSTENSEN et al., Appellants, v. WESTERN TRANSPORTATION COMPANY (a Corporation) et al., Respondents. Civ. No. 7588. California Court of Appeals. Third Dist. Aug. 22, 1949. McGuire & Lahanier and Guernsey Carson for Appellants. Brown, Rosson & Berry for Respondents. PEEK, J. This is an action to recover damages for the alleged wrongful death ...
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93 Cal. App. 2d 414 (1949) H. L. GILBERT et al., Appellants, v. GUY B. ASHLEY, as City Clerk, etc., et al., Respondents. California Court of Appeals. Aug. 19, 1949. Kenneth C. Wiseman for Appellants. Colin M. Gair, City Attorney, Gray, Cary, Ames & Driscoll and John M. Cranston for Respondents. MUSSELL, J. Plaintiffs have appealed from a judgment rendered against them in an action to enj...
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This is an appeal upon the judgment roll alone from that portion of the decree of distribution declaring void a bequest of $1,000 upon the grounds that the legatee was not a cemetery authority within the meaning of chapter 4, articles 2 and 4, division 8, part 3 of the Health and Safety Code; that the trust attempted to be created was not a charitable use and is void in that it purports to create ...
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This is a proceeding by plaintiff Fireman’s Fund Indemnity Company, a corporation, instituted under the doctrine of equitable subrogation, although defendant State Compensation Insurance Fund, a California state agency, assumes and argues that plaintiff is asking for contribution and that the rights and liabilities of the parties are governed by Civil Code, sections 1427 to 1432, defining and inte...
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93 Cal. App. 2d 341 (1949) CATHERYN JOHNSON et al., Respondents, v. CHRISTINE MARQUIS, Appellant. California Court of Appeals. Aug. 16, 1949. Cooley, Crowley & Gaither and Vernon F. Gant for Appellant. Cleary & Zeff, C. Ray Robinson and Margaret A. Flynn for Respondents. THOMPSON, J. The defendant, Christine Marquis, has appealed from a judgment rendered pursuant to a verdict for pla...
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93 Cal. App. 2d 247 (1949) GEORGE FABBRO, Respondent, v. DARDI & CO. (a Corporation), Appellant. Civ. No. 13939. California Court of Appeals. First Dist., Div. Two. Aug. 5, 1949. Keil & Connolly for Appellant. Hardy, Carley & Brenner for Respondent. DOOLING, J. On March 15, 1945, the parties signed a document containing the following provisions: "Received of Fabbro's Cafe (Fir...
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93 Cal. App. 2d 473 (1949) THE PEOPLE, Respondent, v. PAUL LEE HOLT et al., Appellants. Crim. No. 4363. California Court of Appeals. Second Dist., Div. One. Aug. 25, 1949. Paul Lee Holt and Manuel Govia, in pro. per., for Appellants. Fred N. Howser, Attorney General, and Dan Kaufmann, Deputy Attorney General, for Respondent. WHITE, P. J. On January 19, 1939, the District Attorney of Los An...
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93 Cal. App. 2d 391 (1949) JEANETTE GLUCKSTEIN, Respondent, v. PHILLIP J. LIPSETT, M. D., Appellant. Civ. No. 13934. California Court of Appeals. First Dist., Div. One. Aug. 19, 1949. Robert L. Lamb, Peart, Baraty & Hassary, Geo. A. Smith and Alan L. Bonnington for Appellant. Melvin M. Belli and F. A. Devlin for Respondent. *394 BRAY, J. In a malpractice action, plaintiff recovered a j...
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Petitioner seeks a writ of prohibition to restrain the superior court from hearing an order to show cause why he should not be held in contempt for failing to pay alimony. The main question involved is whether the provisions of a property settlement agreement entered into between petitioner and his wife were made an enforceable portion of the interlocutory decree in the divorce action between them...
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93 Cal. App. 2d 315 (1949) MARTIN O. SMYTHE, a Minor, etc., Respondent, v. DANIEL V. SCHACHT et al., Appellants. Civ. No. 17032. California Court of Appeals. Second Dist., Div. One. Aug. 15, 1949. Sam Shayon for Appellants. Clayton B. Thomas for Respondent. WHITE, P. J. This action was instituted on behalf of Martin O. Smythe, 10-year-old son of his guardian ad litem, for damages predicate...
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93 Cal. App. 2d 365 (1949) THE PEOPLE, Respondent, v. MARIAN DEL CHAPMAN et al., Defendants; JACK LESTER CHAPMAN, Appellant. Crim. No. 2579. California Court of Appeals. First Dist., Div. One. Aug. 17, 1949. Jack Lester Chapman, in pro. per., for Appellant. Fred N. Howser, Attorney General, David K. Lener, Deputy Attorney General, J. F. Coakley, District Attorney, and Folger Emerson, Deputy ...
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93 Cal. App. 2d 489 (1949) THE PEOPLE, Respondent, v. RICHARD E. SKEEN, Appellant. Crim. No. 4333. California Court of Appeals. Second Dist., Div. One. Sept. 1, 1949. Morris Lavine for Appellant. Fred N. Houser, Attorney General, and James A. Doherty, Deputy Attorney General, for Respondent. DRAPEAU, J. The prosecuting witness, Mrs. Edna H. Allen, is an elderly widow. Her daughter married ...
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93 Cal. App. 2d 428 (1949) EDWARD MYERS et al., Respondents, v. MARGARET GARAVENTA, Appellant. Civ. No. 7586. California Court of Appeals. Third Dist. Aug. 22, 1949. Huberty & Huberty for Appellant. Mull & Pierce and Arthur DeBeau Carr for Respondents. ADAMS, P. J. On October 31, 1944, Margaret Garaventa was the owner and operator of a tavern at Mokelumne Hill in Calaveras County k...
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On October 21, 1944, Angelina Ainoruso entered into a contract to buy from Archie L. Carley and Gertrude A. Carley, about 3% acres of land in the Carmichael Colony in Sacramento County, for $650. One hundred dollars was paid on execution of the agreement, and the balance was to be paid in monthly installments of $12.50 or more on the first day of each month beginning December 1, 1944, including in...
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This action involves the validity of a personal property tax levied for the year 1947-48 upon cer*523tain ships moored in San Diego harbor. The plaintiff paid the tax under protest and brought this action to recover the amount paid. The cause was heard upon an agreed statement of facts. The plaintiff is a New Jersey corporation, and none of its officers reside in California. On December 4, 1946, i...
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93 Cal. App. 2d 484 (1949) MARGARET WILLIAMSON, Appellant, v. PACIFIC GREYHOUND LINES (a Corporation), Respondent. Civ. No. 13890. California Court of Appeals. First Dist., Div. Two. Aug. 31, 1949. Clarence N. Riggins for Appellant. Dana, Bledsoe & Smith and A. Dal Thomson for Respondent. GOODELL, J. This is an appeal from a judgment on a verdict in defendant's favor in an action for d...
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93 Cal. App. 2d 500 (1949) JOSEPH W. ROWELL, Appellant, v. HENRY T. CROW et al., Respondents. Civ. No. 7601. California Court of Appeals. Third Dist. Sept. 2, 1949. Calkins, Hall, Linforth & Conard and Maurice E. Gibson for Appellant. Hawkins & Hawkins for Respondents. ADAMS, P. J. Appellant, an architect, brought this action to recover from respondents the sum of $20,207 alleged t...
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Defendant was charged by information with the crime of violation of section 288 of the Penal Code, in that on October 2, 1948, he committed a lewd and lascivious act upon the body of a certain 5-year-old child with the intent of arousing, appealing to and gratifying the lusts, passions and sexual desires of the said child and the defendant. Trial by jury was waived by the defendant, his counsel an...
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93 Cal. App. 2d 497 (1949) In re ELLSWORTH CHIAPETTO, on Habeas Corpus. Crim. No. 2616. California Court of Appeals. First Dist., Div. One. Sept. 2, 1949. George T. Davis and Kenyon C. Keller for Petitioner. Fred N. Howser, Attorney General, Clarence A. Linn, Deputy Attorney General, Edmund G. Brown, District Attorney, and Elton G. Lawless, Deputy District Attorney, for Respondent. WARD, J....
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93 Cal. App. 2d 508 (1949) ROBERT H. KAUFMAN, Appellant, v. JOHN W. BROWN et al., Respondents. Civ. No. 3942. California Court of Appeals. Fourth Dist. Sept. 2, 1949. T. T. Crittenden for Appellant. J. F. DuPaul, City Attorney, Louis M. Karp, Deputy City Attorney, Thomas Whelan and Ann Wansley for Respondents. GRIFFIN, J. Plaintiff instituted this action on January 16, 1948, for wrongful a...
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The defendant is a practicing attorney in good standing at this bar. During the year 1948, in compliance with ordinance No. 3432 (New Series) of the city of San Diego, adopted January 14, 1947, the defendant paid the fee for procuring a license to engage in the general practice of law in the city of San Diego. During the year 1949, the defendant, while still engaged in the practice of law in the c...
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Defendant in error, as plaintiff, commenced this action against J. P. Cornelius and Frances E. Green, nee Cornelius, to quiet title to 160 acres of land in Creek county. She deraigned her title by mesne conveyances through a resale tax deed dated May 29, 1941, executed by the county treasurer of Creek county to L. B. Jackson, and recorded. Plaintiff alleged she was in possession of the land; that ...
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M. Lucille Allen, plaintiff below, brought this action to ■collect unpaid installments of alimony, or separate property payments, due under a contract between herself and her husband. She recovered judgment, and defendant, Walter E. Allen, appeals. This is the second time this court has considered the question of plaintiffs right to collect delinquent installments or payments under this contract. ...
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This is an original action in mandamus. Its purpose is to compel the respondent, Secretary of State of the State of New Mexico to receive and file petitions allegedly signed by 69,205 qualified voters prothe State of New Mexico, prepared and signed *Page 403 as authorized by Sec. 1 of Article 4 prothe New Mexico Constitution, the purpose of which is to "disapprove, suspend and annul," a certain a...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 288 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 289 OPINION Clifford Duane Helm, the defendant below, is the appellant here. He w...
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J.M. Webb and Spencer Webb, respondents herein, brought suit to quiet title to certain real property situated in Millard County, Utah and to some personalty which had belonged to Wilmer Webb who had been a brother of theirs and the husband of Margaret Webb, the appellant herein. From an adverse judgment, Margaret Webb appeals both personally and as the administratrix of the estate of her deceased ...
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The question presented by this appeal is: Did the trial court err in holding that an instrument, in form an absolute deed, was in fact a mortgage? Early in 1947, the defendants, Mr. and Mrs. DeVries, decided to build a motor court on their property on South State Street in Salt Lake County, Utah. To finance this undertaking, they borrowed $4000 and later an additional $1000 from the plaintiff, Whi...
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Certiorari to review a deficiency use tax assessment made by the defendant, State Tax Commission, against the plaintiff, Geneva Steel Corporation. The basic facts are almost entirely stipulated and therefore not in dispute. On June 19, 1946, the Reconstruction Finance Corporation, acting by and through the War Assets Administrator, entered into a contract of sale with the Geneva Steel Corporation,...
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The main issue in this case is that of the passing of title by the delivery of a deed. John A. Burt was a polygamist and father of two families. The defendants are the mother and children of his first family; the plaintiffs are the mother and children of the polygamous family. Hereafter we shall speak of the polygamous family as the plaintiff and her children; and the other family as defendant and...
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On the 28th day of February, 1946, plaintiffs' home in Ogden Canyon was damaged by a large volume of water which flowed across their property and through their house. Their furniture, fixtures and clothing were damaged by the water and large quantities of mud and silt were deposited on the floors of their home. The water had escaped from a seventy five foot wood stave pipe line used by the defenda...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 214 Action by the respondents, plaintiffs below, to impress a trust upon certain real property situated in Hyrum, Cache County, Utah, standing on the record in the name of John P. Jensen, defendant below. The parties will be referred to as they appeared in th...
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(concurring in the results). I concur in the results. The Utah Labor Relations Board apparently interpreted Section 49-1-17 (c), U. C. A. 1943, to require a hearing on the petition to determine the appropriate unit to represent the employees in the service department. In accordance with this interpretation, the Board scheduled a hearing and prepared a petition showing the number and c...
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This is an action to recover damages for personal injuries received by plaintiff while he was testing certain electrical transformers located on the property of A.E. Kipps, Robert R. Landrum, and George W. Clemenson, doing business as Metal Producers. The trial court granted defendants' motion for nonsuit after plaintiff had rested and this appeal is taken from the judgment of dismissal. The princ...
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This action was commenced by the plaintiff, LaVora Spendlove, to recover damages for injuries sustained in a fall on the sidewalk on the west side of Washington Avenue, in Ogden, Utah, between 23rd and 24th streets. The cause was tried to a jury, which jury found in favor of the plaintiff and awarded a verdict in the sum of $5,000 general damages, and $1,658.65 special damages. Judgment was ent...
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The question here posed is whether the evidence sustains the findings of the court that the defendant's and its predecessor's use of plaintiff's property as a right of way for ingress and egress to and from its property was adverse and against plaintiff and its predecessors and not permissive under them. The facts, circumstances, happenings and events surrounding this controversy are not in substa...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 269 This action was brought to determine the boundary line separating plaintiff's land from defendants' adjoining property. Plaintiff's action is a suit to quiet title to a strip of land eighty rods long and approximately 180 feet wide at one end and 192 feet...
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THIS is a controversy concerning the title to a 1942 Dodge two-door sedan automobile. The essential facts, not disputed, are in substance that: The Standard Motor Company, a Colorado corporation, being then the owner of said automobile, placed it for storage purposes only upon a used car lot operated by one Louis Lewin, and publicly known as "Don Lou Motor Sales," with instructions to segregate it...
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1 Reported in 209 P.2d 267. This is an appeal from a judgment dismissing an action for rescission of a partnership agreement because of alleged fraud. The action was brought against a community of husband and wife; however, in the course of this opinion we shall refer to the respondent *Page 423 husband as if he were the sole defendant, since he alone represented the community. Neiswonger was the...
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1 Reported in 209 P.2d 270. This action was brought to enjoin the enforcement of ordinance No. 1110, of the city of Wenatchee, and to have certain provisions thereof declared unconstitutional and invalid. The ordinance reads, in part, as follows: "AN ORDINANCE RELATING TO PHOTOGRAPHERS AND THE BUSINESS OF PHOTOGRAPHY, AND REPEALING SECTION 29 OF ORDINANCE NO. 730, AND ORDINANCE NO. 930 IN ITS ENTI...
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1 Reported in 209 P.2d 274. On April 1, 1945, C.R. O'Connor, respondent in this action, purchased a dairy from L. Tesdale, appellant. Attached to the warranty bill of sale was a list of the equipment sold in connection with the transaction. Among the items on this list was one Sealright bottle hooder, which should not have been included therein, as it was not the property of appellant, but was und...
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1 Reported in 209 P.2d 279. In 1913, a bridge, running across the Yakima river between Toppenish and Zillah, was reconstructed as part of the highway system of Yakima county. The bridge deck was sixteen feet wide, and, on May 1, 1947, was surfaced with asphalt and equipped with a yellow line running down its center and connecting with a similar line of the road at either end. At both ends of the b...
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1 Reported in 209 P.2d 284. The first-named defendant in this action, Benevolent and Protective Order of Keglers, Lodge No. 1, is a corporation organized and existing under and by virtue of the laws of the state of Washington, having its principal place of business in the city of Spokane. Article III of the articles of incorporation of the defendant above named reads as follows: "The object for wh...
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The first-named defendant in this action, Benevolent and Protective Order of Keglers, Lodge No. 1, is a corporation organized and existing under and by virtue of the laws of the state of Washington, having its principal place of business in the city of Spokane. Article III of the articles of incorporation of the defendant above named reads as follows: “The object for which this corporation is form...
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(concurring in part and dissenting in part) — I concur with the majority in the affirmance of the judgment against Heatlox Furnaces, Inc., and Arnold P. MacKeen. I dissent from the conclusion reached by the majority that the judgment against appellant Glacier Gravel Company should be reversed, and the cause remanded with instructions to grant that appellant’s motion for judgment in its favor no...
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1 Reported in 209 P.2d 294. This is an appeal from a judgment rendered for services for architectural work in connection with the remodeling of a building. Plaintiff commenced an action alleging that he and defendant entered into an oral contract whereby defendant agreed to draw plans, supervise construction, and act as general architect in the remodeling of a building; that at the time, defendant...
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1 Reported in 209 P.2d 297. These actions were severally commenced by plaintiff Donald Gale Smith, a minor, through his guardian ad litem, Edythe Hardie, and plaintiff Ben Noonan, as administrator of the estate of Joseph Charles Noonan, deceased, against the defendants named therein, Charles H. Leber, Jr., and his wife, impleaded as Jane Doe Leber, doing business together as Leber Pole and Piling ...
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1 Reported in 209 P.2d 305. The controversy in this case revolves about the placing of a rebuilt motor in the appellant's automobile; at its periphery it touches on OPA ceiling prices, possessory lien rights, and various and sundry other legal principles. The essential facts, apart from the complexities of OPA regulations, are relatively simple. About June 26, 1945, the appellant left his automobi...
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1 Reported in 209 P.2d 311. This action was instituted by Carl Theurer and Ella C. Theurer, as plaintiffs, against R.B. Condon and Jane Doe Condon, sole traders doing business as Benjamin Franklin Electric Company and Good Housekeeping Shop. In their complaint, plaintiffs asked for judgment against defendants in the sum of $737.83, on account of damages to an apartment house owned by plaintiffs, t...
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1 Reported in 209 P.2d 320. An original application was filed in this court seeking a writ of mandamus to compel the judge of the superior court for Pend Oreille county to enter of record at once a formal final order dismissing a proceeding previously brought by petitioners and lately tried in that court. Upon the showing made by the applicants' petition, the chief justice directed the issuance of...
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1 Reported in 209 P.2d 326. On March 9, 1949, the State Senate passed senate bill No. 164, repealing certain sections of our then existing unemployment compensation statute and adding some new sections thereto. The House of Representatives had already acted upon, and passed, the bill on March 7th. On March 21, 1949, the governor approved the act, with the exception of section 34, which he vetoed. ...
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1 Reported in 209 P.2d 331. The defendant, Wayne LeRoy Williams, was charged, by count I of the information, with the crime of murder in the first degree, and, by count II, with the crime of assault in the first degree. The counts read as follows: "Count I, He, the said Wayne LeRoy Williams, in the County of Snohomish, State of Washington, on or about the 17th day of June, 1948, with a premeditate...
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1 Reported in 209 P.2d 349. This appeal is from a judgment entered in an action of the type authorized by the Legislative Assembly of Washington Territory in 1886 (Laws of 1886, p. 104) and currently codified as Rem. Rev. Stat., §§ 947, 948, and 949 [P.P.C. §§ 13-1, -3, -5]. *Page 564 Section 947 provides, in substance, that whenever the boundaries between lands of two or more adjoining proprieto...
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1 Reported in 209 P.2d 358. This is an appeal from a judgment in a replevin action rendered in favor of the plaintiff. We shall refer to Crystal Recreation, Inc., as "Crystal"; to Modern Store and Restaurant Equipment Corporation, as "Modern"; and to Seattle Association of Credit Men, as "Association." In October, 1946, Crystal had a location in the basement of a building at 423 Pike, in Seattle. ...
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1 Reported in 209 P.2d 363. This is an appeal by an employer from a judgment of the superior court for Thurston county, dismissing an appeal from a decision of the department of labor and industries, and affirming the decision of the department. The claimant, Marion Kellogg, filed the report of the accident; thereafter, on August 21, 1947, the department notified the employer that the claimant had...
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1 Reported in 209 P.2d 367. This action was brought by William J. Ebding and wife against Lee Foster and wife to recover damages arising out of an injury to one of Mr. Ebding's eyes while he was in the employ of the defendants. A jury rendered a verdict for the plaintiffs. The court granted a judgment notwithstanding the verdict and made an alternative order granting a new trial. The plaintiffs ha...
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1 Reported in 209 P.2d 371. Plaintiffs Angelo Lavagetto and Frank T. Lavagetto, copartners doing business as "Angelo's Flowers" in the city of Spokane, instituted this action against Railway Express Agency, Inc., a foreign corporation engaged in the business of carrying merchandise for hire, including in their complaint certain allegations hereinafter referred to, and demanding judgment against th...
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1 Reported in 209 P.2d 377. This action arose out of an automobile collision which took place on a county road in Grays Harbor county, known as the Stilson or Wagner road. At the point where the accident occurred, the Stilson road runs in a north-south direction. A private road comes into it from the west. On July 3, 1947, respondents, Mary Wheaton and G.H. Wheaton, were driving their automobile a...
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1 Reported in 209 P.2d 380. On or about June 19, 1939, E.D. Lane filed with the state department of labor and industries his claim for compensation and medical aid, based upon an alleged industrial injury suffered by him, June 4, 1939. This report stated that claimant was, at the time of the accident, in the employ of Willapa Harbor Lumber Mills of Raymond, Washington. October 22, 1939, the depart...
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Albert E. Nixon and Jesse A. Murphey pleaded guilty to murder, which was determined, after a full hearing, to be of the first degree, and were sentenced to death by judgments which have become final. (People v. Rye, 33 Cal.2d 688 [203 P.2d 748].) A few days before the date fixed for execution, both Nixon and Murphey, in the court where the sentences were pronounced, moved (1) to vacate the judgmen...
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34 Cal. 2d 209 (1949) IRENE DILLARD et al., Appellants, v. GENERAL JACKSON McKNIGHT et al., Defendants; JAMES A. BOWER et al., Respondents. L. A. No. 20790. Supreme Court of California. In Bank. Aug. 25, 1949. Dana Williams and Kenneth Sperry for Appellants. Arthur C. Fisher for Respondents. *212 SPENCE, J. Plaintiffs' son died on July 24, 1941, as the result of injuries sustained by him f...
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This is an action to recover damages for breach of an oral agreement to level land. On February 21, 1946, plaintiff bought from one Murdock 160 acres of land in Kern County. Plaintiff, who spoke but little English, orally authorized Murdock to arrange for grading and leveling the land. He set a limit of $50 per acre as the cost price. Plaintiff entered into a written agreement with one Claborn to ...
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This is an appeal by plaintiffs from an order granting defendant’s motion for a new trial after a jury verdict in favor of H. G. Rembold, the surviving husband of Thelma Rembold, deceased, and Verne Marie Rembold, daughter of decedent, in an action to recover damages for the death of said Thelma Rembold who was killed in an automobile collision alleged to have been due to the negligence of defenda...
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93 Cal. App. 2d 504 (1949) PAUL A. HUNT, Petitioner, v. SUPERIOR COURT OF STANISLAUS COUNTY et al., Respondents. Civ. No. 7686. California Court of Appeals. Third Dist. Sept. 2, 1949. Bush & Ackley for Petitioner. Nathan B. McVay, F. M. Brack and A. M. Frad for Respondents. *505 ADAMS, P. J. This is a petition for a writ of prohibition to arrest the Superior Court of Stanislaus County ...
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Caesar Milani was an employee of the city water department of the city of Vallejo. Some time prior to June 28, 1946, the city decided to replace the existing- 4-inch water main into the Sperry Flour Mill with an 8-inch main. The new water main was to be placed under spur tracks of the Southern Pacific Company used for service to the flour mill premises owned by General Mills, Inc. There are six sp...
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93 Cal. App. 2d 549 (1949) THE PEOPLE, Respondent, v. KENNETH BENNETT et al., Defendants; ROBERT STEWART, Appellant. Crim. No. 2122. California Court of Appeals. Third Dist. Sept. 7, 1949. Grover C. Julian for Appellant. Fred N. Howser, Attorney General, and Doris H. Maier, Deputy Attorney General, for Respondent. PEEK, J. Defendant Robert Stewart appeals from a judgment convicting him of ...
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93 Cal. App. 2d 532 (1949) RENO RAWLTON PAYNE, Appellant, v. REAL ESTATE COMMISSIONER OF THE STATE OF CALIFORNIA et al., Respondents. Civ. No. 7655. California Court of Appeals. Third Dist. Sept. 6, 1949. Busick & Busick and Charles O. Busick, Sr., for Appellant. Fred N. Howser, Attorney General, and Leonard M. Friedman, Deputy Attorney General, for Respondents. SCHOTTKY, J. pro tem. P...
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This is an appeal from a judgment entered on sustaining demurrers without leave to amend in an action for attorneys’ fees. Plaintiff as lessor, and defendants Morrison and Phipps as lessees, entered into a written lease of real property in the city of San Diego. The lessees, with the written consent of lessor, assigned the lease to defendants George and Genell Styliano who conducted a business on ...
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93 Cal. App. 2d 553 (1949) WILLIAM A. BARNETT et al., Respondents, v. JESSE LEE GARRISON et al., Appellants. Civ. No. 14026. California Court of Appeals. First Dist., Div. Two. Sept. 8, 1949. Campbell, Hayes & Custer, Frank L. Custer and Edward J. Niland for Appellants. James F. Boccardo and John E. Longinotti for Respondents. NOURSE, P. J. This is an appeal by defendant from an order ...
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93 Cal. App. 2d 559 (1949) UNITED STATES FIDELITY AND GUARANTY COMPANY (a Corporation), Respondent, v. HENRY J. SULLIVAN, Appellant. Civ. No. 16820. California Court of Appeals. Second Dist., Div. Three. Sept. 8, 1949. Claude B. Morton and Henry J. Sullivan for Appellant. Hugh B. Rotchford and Henry A. Schultz for Respondent. VALLEE, J. Appellant here, defendant below, appeals from a summa...
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93 Cal. App. 2d 538 (1949) Estate of WILFRID JOSEPH LA BELLE, Deceased. MINERVA C. BIRNIE, Respondent, v. ELIZABETH M. LA BELLE, Appellant. Civ. No. 14038. California Court of Appeals. First Dist., Div. Two. Sept. 7, 1949. Sherman & Peters for Appellant. Charles H. Baldwin and Norman A. Gregg for Respondent. GOODELL, J. A petition was filed by respondent, the daughter of the testator, ...
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Defendant appeals from a judgment in favor of plaintiff in the sum of $2,416. The complaint set forth three separate causes of action of this amount on quantum meruit, account stated, and open account. Defendant’s “answer and counterclaim” alleged that on February 10, 1947, plaintiff orally agreed to remove a two store wooden building from one location to another on defendant’s premises; and that ...
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93 Cal. App. 2d 664 (1949) THE PEOPLE, Respondent, v. MIGUEL F. LOPEZ, Appellant. Crim. No. 677. California Court of Appeals. Fourth Dist. Sept. 19, 1949. Rosen & Taylor for Appellant. Fred N. Howser, Attorney General, and Howard S. Goldin, Deputy Attorney General, for Respondent. GRIFFIN, Acting P. J. It was charged in count one of the information that on December 22, 1948, defendant ...
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1 Reported in 209 P.2d 443. This action was instituted by Francis J. Pflugmacher and Rose Pflugmacher, his wife, against William J. Thomas and Helen G. Thomas, his wife, and Richard Thomas, their minor son, to recover damages for personal injuries sustained by Rose Pflugmacher as the result of being struck by a bicycle ridden by him. *Page 688 The jury returned a verdict against all of the defend...
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1 Reported in 209 P.2d 446. In 1931, H.D. Severson, as a sole trader, commenced a wholesale business called the Standard Sales Company. The business grew to the extent that his income tax for 1946 was $42,187.25. He received six hundred fifty dollars in salary from another source during 1946, but otherwise, this tax was attributable exclusively to taxable income derived from the Standard Sales Com...
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1 Reported in 209 P.2d 449. Plaintiff, Maurice Markall, and defendant Jose Lucientes are residents of California. Defendant O.P. Smith is, and for many years has been, a resident of Seattle, Washington. Plaintiff instituted this action, alleging in his complaint that, March 12, 1945, he, as first party, and the defendants, as second parties, entered into a written contract (a copy of which is atta...
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1 Reported in 209 P.2d 454. This is an appeal by the state from an order dismissing defendant, Mary Notice, as a party defendant. The amended information charged the crime of robbery, as follows: ". . . They, the said JAMES A. GARRISON, RICHARD FONG, ALLEN LEVOFF, alias ALLEN MORRIS, JOHN DOE "BOB", TOMMY FONG, and MARY NOTICE, and each of them, in the County of King, State of Washington, on or ab...
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1 Reported in 209 P.2d 457. This is an appeal from a judgment dismissing an action for unjust enrichment. Although the parties to this action are two marital communities, we shall refer to them throughout this opinion as though the sole parties were the two husbands. During the years 1939 to 1943, inclusive, Nick Bill owned certain real property near Issaquah. Immediately adjoining it was property...
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1 Reported in 209 P.2d 462. This is an appeal by the plaintiff in the above entitled action from an order of the superior court for Skagit county vacating a judgment entered in that same court and cause upon a verdict previously rendered by the jury in plaintiff's favor. Appellant, J.S. Wiles, a logger, sustained an industrial injury on or about June 21, 1944. His claim was duly filed with respond...
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1 Reported in 209 P.2d 468. The plaintiff in this action, Jesse Lee Hayes, entered the employ of defendant, Sears, Roebuck and Company, a corporation, early in September, 1945. His duties included operating an elevator and working in the shipping room. He engaged in outside activities, such as dealing in junk, and transporting for compensation fellow employees to and from defendant's building. The...
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(dissenting) — I cannot agree. Petitioner should be allowed to plead again. A plea of guilty of a gross misdemeanor cannot be the basis for a sentence for a felony. ...
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1 Reported in 209 P.2d 482. Plaintiff in this action, Columbia Steel Company, is a corporation organized and existing under the laws of the state of Delaware, maintaining its principal place of business in the city and county of San Francisco, state of California, and a sales office in the state of Washington, where it has engaged in both intrastate and interstate business. Plaintiff has qualified...
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2 Reported in 209 P.2d 490. This is a companion case to Columbia Steel Co. v. State, ante p. 700, 209 P.2d 482. The plaintiff instituted this action against the tax commission of the state of Washington, naming the individual members thereof, and prayed for a decree enjoining the defendants from collecting a tax in the amount of $8,187.43, together with interest and penalty, which the defendants h...
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1 Reported in 209 P.2d 491. Ida Mae Conradi, as executrix of the will of William E. Conradi, deceased, and personally, instituted this action against Grant Arnold and Elizabeth Arnold, his *Page 731 wife, asking for judgment for damages on each of two separate causes of action stated in the second amended complaint, hereinafter referred to as the complaint. The first cause of action was brought u...
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At some time prior to December 4, 1946, plaintiffs Edna V. Palmer, Lester T. Palmer, T. E. Standley, Josef Faust and F. G. Kerns commenced an action in the district court of Okfuskee county, seeking, among other things, to cancel an oil and gas mining lease owned by defendants George C. Vincent and J. R. Allen. On December 4, 1946, the trial court rendered, judgment in that case decreeing that the...
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This is the second appeal in this case. The action was one for a money judgment for the recovery of usurious interest and was brought by defendant in error, Julia E. Taylor, as plaintiff, against plaintiff in error, W. G. Coxsey, Bell Loan Company and another, as defendants. By consent of parties the cause was tried by the court without the aid of a jury, and resulted in a judgment .for plaintiff ...
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This is an original action instituted by the petitioner, Jean Birch, in which she alleges that she is unlawfully imprisoned at Lawton, Okla., by the sheriff of Comanche county, pursuant to a requisition from the Governor of the State of Arizona, and a warrant issued by the Governor of Oklahoma, on June 6, 1949, for the delivery of the petitioner to the Agent of the State of Arizona, where she stan...
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This is an appeal from the county court of Choctaw county, Okla., wherein Loyce Wilson, on June 16, 1947, was charged, by information, with the crime of pointing a pistol at another. He was tried on *Page 423 December 10, 1947, by a jury, convicted of the charge, and sentenced to serve 90 days in the county jail and pay a fine of $50. A new trial having been denied, he appealed from the judgment ...
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This is an original action in habeas corpus brought by Robert L. Stephenson, alleging that he is unlawfully restrained and confined in the county jail, by the sheriff of Okfuskee county, Okla. To his petition a response was made by J. W. Kennedy, sheriff of Okfuskee county, Okla. From said response it appears that the petitioner's restraint arose under the following facts: On the 5th day of June, ...
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Henry P. Martin, together with Melisendro Lopez, Toribio Martinez and Remijio Joe Martinez were jointly tried upon a charge of having murdered Julian Martinez and were convicted of involuntary manslaughter and sentenced to terms in the state penitentiary. From this judgment *Page 415 and sentences they have appealed to this court. The parties will be referred to as they appeared in the lower cour...
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The question presented for decision is whether the earthen dam, impounding the waters of Storrie Lake, or reservoir, title to which is in Storrie Project Water Users Association, a non-profit corporation organized under 1941 Comp. §§ 77-1601 to 77-1609, as the administrative agency to maintain and operate an irrigation system for supplying water for the mutual advantage of its shareholders in the ...
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SINCLAIR ST. LOUIS was convicted of the crimes charged in a three-count information, and separate sentences were pronounced, to review which he brings the case here by writ of error. The first count in the information upon which defendant was tried charged him with causing the death of one Ira Larson by operating an automobile while he was under the influence of intoxicating liquor ('35 C.S.A., c....
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HIRSHORN in his will provided that his one-half interest in the Algerian Club be disposed of in the following manner: He directed his executor to ascertain all bona fide employees who had worked in the club regularly for a period of not less than one year immediately prior to his death "and to all employees who have been determined by my executor to be bona fide employees of the Algerian Club for ...
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delivered the opinion of the court. This is a contested action for divorce and the questions involved are: Did the trial court have jurisdiction to entertain the defendant’s cross complaint which contained no allegation as to the required statutory residence; and was the plaintiff prejudiced before the jury by improper cross-examination, denial of pertinent argument and remarks of the trial jud...
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delivered the opinion of the court. *265 Dependant in error, as plaintiff below, filed this action for damages bn March 27, 1947, alleging that plaintiff in error, defendant below, converted to his own use a 1%-ton Chevrolet truck of the value of one thousand dollars, together with convertible units thereon of the value of fifteen hundred dollars, which was the property of plaintiff; that pla...
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Our problem is to determine when a cause of action arises for compensation from an occupational disease. The Industrial *Page 280 Commission awarded applicant compensation for such disability holding that his cause of action arose when his doctor first determined that he was suffering compensable disability. The State Insurance Fund contends that the cause of action arose when applicant became to...
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This is an action commenced by the respondents, James Sdrales and Virginia Zambukos, plaintiffs below, to enjoin the appellant, Sam Rondos, defendant below, from trespassing upon certain real property owned by the respondents. The parties will be hereinafter referred to as they appeared in the trial court. The defendant counterclaimed contending that he had acquired an easement by prescription ove...
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This is an action to recover damages for the alleged burning of the lower leg of plaintiff Glendora Jackson, claimed to have been inflicted while she was undergoing weight reducing treatments administered by or under the direction of defendants Mary A. Zupo and Arthur Larron Colston. *Page 297 The trial court granted defendants' motion for a directed verdict and plaintiff appeals. Defendants Cols...
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The case is presented on facts which are not seriously disputed. It appears that defendant, Clarence Petersen, sustained certain injuries on May 20, 1931, while an employee of the Utah Apex Mining Company of Bingham Canyon, Utah. His injuries were precipitated by a mine "cave-in" which occurred while he was engaged in underground mining operations in the Utah Apex Mine. Dr. Paul S. Richards of Bin...
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Respondent moves to dismiss plaintiffs’ appeals from a judgment of the superior court and from an order denying their motion to vacate the judgment and enter a new and different judgment under section 663 of the Code of Civil Procedure. All of the following events took place in 1948. Judgment was entered in the trial court on April 28th. Notice of entry was filed by respondents on May 8th and by a...
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34 Cal.2d 264 (1949) EDWARD E. SIMMONS, JR., Respondent, v. CALIFORNIA INSTITUTE OF TECHNOLOGY (a Corporation) et al., Appellants. L. A. No. 19484. Supreme Court of California. In Bank. Sept. 16, 1949. O'Melveny & Myers, Louis W. Myers, Pierce Works, John Whyte and Lyon & Lyon for Appellants. Samuel L. Kurland and A. Arnold Klein for Respondent. EDMONDS, J. Edward E. Simmons is an ...
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34 Cal.2d 239 (1949) D. R. McKINLEY et al., Petitioners, v. CALIFORNIA EMPLOYMENT STABILIZATION COMMISSION et al., Respondents. Sac. No. 5941. Supreme Court of California. In Bank. Sept. 14, 1949. Gilford G. Rowland and Rowland & Craven for Petitioners. Fred N. Howser, Attorney General, and Charles W. Johnson, Deputy Attorney General, for Respondents. Charles P. Scully as Amicus Curiae,...
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Jennie Fraser Hunter, individually and as administratrix of the estate of Rachel J. Fraser, appeals from a judgment directing the payment of certain income of an inter vivos trust created by Rachel J. Fraser. Article VI of the trust instrument, which was executed on July 8, 1932, provided that the entire net income from the trust estate was to be paid to the trustor during her lifetime; upon her d...
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93 Cal. App. 2d 568 (1949) ANN HANSEN, Appellant, v. EDWARD HANSEN, Respondent. Civ. No. 14101. California Court of Appeals. First Dist., Div. One. Sept. 13, 1949. Phil F. Garvey, Julia M. Easley and James A. Himmel for Appellant. Eugene Elerding for Respondent. PETERS, P. J. There is no merit to this appeal. Appellant secured an interlocutory decree of divorce from her husband, the respo...
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Plaintiff and appellant, surviving husband of Tymie P. Teeple, deceased, filed this action for reformation of a deed which conveyed certain real property to Tymie P. Teeple as her separate property, and by *582said action sought to reform the deed so that it would convey the property to himself and Tymie P. Teeple as joint tenants. Defendant and respondent Henry IT. Stanley is a son of said deceas...
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93 Cal. App. 2d 629 (1949) WILLIE JAMES POWELL, Appellant, v. PACIFIC NAVAL AIR BASE CONTRACTORS (a Corporation) et al., Defendants; THE VENTURA COUNTY RAILWAY COMPANY, Respondent. Civ. No. 16853. California Court of Appeals. Second Dist., Div. One. Sept. 19, 1949. Sampson & Dryden and DeWitt Morgan Manning for Appellant. O'Melveny & Myers, Lauren M. Wright and Rodney K. Potter for R...
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This appeal is without merit. Appellant and his two codefendants were charged in two counts of the information with armed robbery and in count three with kidnaping for the purpose of robbery. The information also alleged that defendants were armed at the time of their arrest and that appellant had suffered a prior conviction of felony and had served a term of imprisonment therefor in the state pri...
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93 Cal. App. 2d 562 (1949) JOSEPH E. MARTIN et al., Plaintiffs and Respondents, v. L. R. BUTTER et al., Appellants; BERNICE L. COLLISCHONN, Defendant and Respondent. Civ. No. 14029. California Court of Appeals. First Dist., Div. One. Sept. 13, 1949. J. Elwood Andresen for Appellants. Raymond J. Ferrario and Robert S. Kernes for Plaintiffs and Respondents. Breed, Robinson & Stewart for D...
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93 Cal. App. 2d 572 (1949) JACOB GOLDMAN et al., Respondents, v. JOHN LEE HOUSE et al., Appellants. Civ. No. 14140. California Court of Appeals. First Dist., Div. One. Sept. 13, 1949. Charles H. Blagburn and James Sykes for Appellants. Leon A. Blum for Respondents. WARD, J. This is an appeal from a judgment against defendants John Lee House and Marie House, husband and wife, in a personal ...
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93 Cal. App. 2d 577 (1949) Estate of KATE A. ZARING, an Incompetent Person. MANSON H. ZARING, Respondent, v. JOHN E. GLOVER, Appellant. Civ. No. 16848. California Court of Appeals. Second Dist., Div. One. Sept. 13, 1949. Richard H. Cantillon for Appellant. Paul Taylor for Respondent. DRAPEAU, J. Kate A. Zaring and her husband during their marriage owned a rooming house in Los Angeles. Titl...
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This is a judgment roll appeal. Defendant and cross-complainant appeals from the “judgment in declaratory relief” in favor of plaintiffs and from the denial of any affirmative relief on defendant’s cross-complaint, the allegations of which are in the nature of a complaint for rescission. The complaint alleges a cause of action by plaintiffs for (1) specific performance and (2) declaratory relief. ...
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93 Cal. App. 2d 744 (1949) THE PEOPLE, Respondent, v. REBEL B. CORNETT, Appellant. Crim. No. 808. California Court of Appeals. Fourth Dist. Sept. 23, 1949. J. M. Lopes for Appellant. Fred N. Howser, Attorney General, and Henry A. Dietz, Deputy Attorney General, for Respondent. MUSSELL, J. Defendant was charged with the murder of Fred Weaver Cole, the stepfather of his divorced wife. A jury...
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93 Cal. App. 2d 653 (1949) DANIEL W. GRIMES, Appellant, v. L. B. ALLEN et al., Respondents. Civ. No. 7636. California Court of Appeals. Third Dist. Sept. 19, 1949. F. H. Bowers and R. A. Boon for Appellant. Al. B. Broyer and Robinson & Robinson for Respondents. SCHOTTKY, J. pro tem. [fn. *] Appellant, Daniel W. Grimes, a resident of Roseville, in Placer County, commenced an action *654 ag...
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This is an appeal in a divorce action from an order denying a motion to set aside an order appraising an automobile, part of the community property of the parties and for reappraisement. In November, 1947, appellant, *590wife, was granted an interlocutory decree of divorce in which, as her one-half of the community property she was, among other things, awarded “one-half the market value of the 194...
Views: 11
93 Cal. App. 2d 608 (1949) ALBERTA WINTHER et al., Plaintiffs, v. WILTON M. MORRISON, Defendant and Respondent; UNITED STATES OF AMERICA, Defendant and Appellant. Civ. No. 3948. California Court of Appeals. Fourth Dist. Sept. 17, 1949. Theron Lamar Caudle, Assistant Attorney General of the United States, Ellis N. Slack, A. F. Prescorr, Hilbert P. Zarky, Helen Goodner, Special Assistants to th...
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93 Cal. App. 2d 646 (1949) KATHLEEN RICE, Respondent, v. JAMES C. RICE, Appellant. Civ. No. 16852. California Court of Appeals. Second Dist., Div. Three. Sept. 19, 1949. William R. Law for Appellant. F. Walter French and Frank J. Indovina for Respondent. WOOD, J. Appeal by defendant from an order granting a motion of plaintiff (1) to vacate an interlocutory decree of divorce, and (2) to fi...
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93 Cal. App. 2d 624 (1949) Estate of MARY ELIZABETH MERRICK, Deceased. JAMES A. MERRICK et al., Appellants, v. JOHN P. MERRICK et al., Respondents. Civ. No. 14056. California Court of Appeals. First Dist., Div. Two. Sept. 19, 1949. Clarence E. Rust for Appellants. Samuel L. Gold and Augustin Donovan for Respondents. RUNNELLS, J. pro tem. Four of the heirs of Mary Elizabeth Merrick, decease...
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93 Cal. App. 2d 616 (1949) Estate of LEO SCHOMAKER, Deceased. GARNETT CHRISTINE SCHOMAKER, Appellant, v. MARGARET EDY, Respondent. Civ. No. 14042. California Court of Appeals. First Dist., Div. Two. Sept. 19, 1949. Walter H. Duane for Appellant. William A. O'Brien for Respondent. RUNNELLS, J. pro tem. This is an appeal from an order appointing respondent, Margaret Edy, the administratrix o...
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Defendant objected to the introduction of any evidence upon the ground that the amended complaint did not state facts sufficient to constitute a cause of action. The objection was sustained, and judgment was entered in favor of defendant. Plaintiff appeals. The amended complaint alleged that on January 15, 1945, plaintiff and defendant entered into a written contract which was as follows: “ Chartr...
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This is an appeal from an order of the trial court vacating a judgment based upon service by publication. The record discloses that on the 7th day of February, 1945, M. G. Cox and Clara Cox filed an action in the district court of Garvin county, Okla., to quiet title against a number of defendants, including George F. Henthorn, if living, *690and, if dead, his unknown heirs, executors, administrat...
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Lete Kolvin, a Creek Indian woman, died testate several years before the transactions referred to in this case. Isaiah Wallace was appointed executor of her estate. He commenced an action in the district court of Creek county, to recover certain land alleged to be the allotment of Lete Kolvin .and sought to recover in addition payment for oil and gas that had theretofore been taken from the proper...
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Claimant, Frank Anguish, sustained an accidental injury arising *692out of and in the course of his employment on May 22, 1946, and the disability resulted from a back injury. An award was entered on the 23rd day of October, 1946, granting 20 per cent permanent partial disability and this award became final. Thereafter this proceeding was commenced to obtain a further award on the ground of change...
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This action was instituted on January 29, 1940, by the State of Oklahoma for the use of the board of county commissioners of Creek county and certain taxpayers of Creek county, against the defendants Willis C. Strange, a former county treasurer of Creek county and the members of a former board of county commissioners of Creek county, and the sureties on their official bonds, C. Edgar Honnold, and ...
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This is an action for damages for wrongful death, brought by W. M. Johnson, administrator of the estate of Milton Oliver Johnson, as plaintiff, against the city of Kaw City, a municipal corporation, defendant. The trial court overruled defendant’s demurrer to plaintiff’s evidence, overruled defendant’s motion for an instructed verdict at the close of all the evidence, and submitted the cause to a ...
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The record shows that on the 29th of December, 1945, while respondent was in the employ of the State Highway Department and engaged in the course of his employment, and working on a state highway, one Earl Cornelius, a resident of California, and not in the employ of the State Highway Department, while driving over and along such highway, carelessly and negligently ran into and over respondent cau...
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This is an appeal from a final order of the district court of Tulsa county in a proceeding on citation for contempt against plaintiff in error for alleged failure to pay alimony awarded defendant in error in a decree of divorce. On July 7, 1944, Ruth Smyth, herein referred to as plaintiff, commenced this action against plaintiff in error, herein referred to as defendant, wherein she sought a divor...
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This is an appeal by Roy Brown, defendant below, from the trial, conviction, judgment and sentence to one year in the State Penitentiary for the crime of contempt of court, arising by reason of the violation of the court's order of injunction. The defendant questions some phases of the proceeding leading up to the entry of the order of injunction which he is alleged in the sworn application or com...
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John A. Anderson was charged in the district court of Texas county with the crime of murder; was tried, found guilty of manslaughter in the first degree, and sentenced to serve four years and three months in the reformatory at Granite. From this judgment and sentence he has appealed. In his brief, defendant sets out five propositions for reversal of this case. They are: *Page 3 "Proposition No. 1...
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Claimant (appellant) sustained an injury to his right shoulder as the result of an accident arising out of and in the course of his employment with the employer, C. F. Davidson Company, on April 7, 1944. No *Page 418 settlement having been made with the employer, a hearing was had before the Board on the 20th of October, 1944. Findings and an award were made which were filed January 9, 1945. On M...
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This action was brought by Marguerite Lorang, the appellant (plaintiff), against the respondents (defendants), claiming damages for false arrest and false imprisonment. Defendant Ralph M. Wade was never served with process and made no appearance in the cause. Respondent Great American Indemnity company was made a defendant on its bond as surety for defendant Ralph M. Wade, and defendant National S...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 316 Action by the plaintiff and respondent, Crystal Lime Cement Co., against the defendants and appellants, Golden W. Robbins and his wife, Harriet J.K. Robbins to quiet title to the following decribed tract of real property: The Northwest quarter of the Nor...
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Lewis Beagley, respondent herein, commenced this action to recover damages to a herd of turkeys he owned which he alleged was caused by the wrongful shutting off of water from a pipeline through which water for the turkeys was delivered to his ranch. From a judgment in favor of Beag-ley, the United States Gypsum Company and Ed. V. Downs appeal. Appellant Ed V. Downs is the mine foreman of ...
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delivered the opinion of the court. This is an action brought by Norman E. Berman as a taxpayer and resident of City and County of Denver and as a patron of The Denver Tramway Corporation, a Delaware corporation, on behalf of himself and others similarly situated, against City and County of Denver, a municipal corporation, and The Denver Tramway Corporation, to have ordinance No. 96, series of 194...
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THE parties appear here in the same order as they appeared in the trial court and will be hereinafter referred to as plaintiffs and defendants, or by name. The defendants, V. H. Steele and K. K. Orvis, filed their motion to dismiss the writ of error as to them. Defendants Josephine McCausland, Ross D. McCausland, W. R. McCausland, and U.S. Coal Corporation have also filed in this court their separ...
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1 Reported in 209 P.2d 775. This appeal presents legal problems in the field of chattel mortgages. For some years, the defendants, Johnson and wife, have been engaged in raising and fattening chickens and turkeys for the fresh meat market. In so doing, they purchased a great deal of feed from the plaintiff, Wolfkill. In July, 1947, *Page 760 Wolfkill instituted this action against the defendants,...
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Wesley Small sued John E. Paulson to recover a broker's commission for services rendered in connection with the sale of timber owned by the defendant. The Circuit Court, Multnomah County, JAMES W. CRAWFORD, J., entered a judgment for the plaintiff, and defendant appealed. REVERSED. This is an appeal from a judgment based on the verdict of a jury in favor of the plaintiff suing to recover a commiss...
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34 Cal.2d 340 (1949) THE PEOPLE, Respondent, v. CLYDE LESTER HENDERSON, Appellant. Crim. No. 4991. Supreme Court of California. In Bank. Sept. 29, 1949. Saul J. Bernard for Appellant. Fred N. Howser, Attorney General, and Dan Kaufmann, Deputy Attorney General, for Respondent. SHENK, J. This is an appeal from a judgment of the court without a jury finding the defendant guilty on charges gro...
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Fred L. Wilke brought this action for breach of contract, fraud, an accounting and a declaration of his right to receive a proportionate interest in the profits of Hipódromo de Tijuana, a corporation operating a race track in Mexico. 'The trial court, sitting without a jury, rendered judgment for Wilke, and defendant Crofton has appealed on the ground of insufficiency of the evidence. Wilke has ap...
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34 Cal. 2d 300 (1949) In re CECIL SWAIN, on Habeas Corpus. Crim. No. 5015. Supreme Court of California. In Bank. Sept. 26, 1949. Cecil Swain, in pro. per., for Petitioner. No appearance for Respondent. SCHAUER, J. In November, 1945, petitioner was convicted of first degree murder and sentenced to state prison for the term of his natural life; by this application for habeas corpus he (appea...
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Appellant was convicted of a violation of section 4502 of the Penal Code. He appeals from the judgment of conviction and from the order denying his motion for a new trial. Section 4502 provides that “Every prisoner committed to a State prison who, while at such State prison . . . possesses or carries upon his person . . . any dirk or dagger or sharp instrument, ... is guilty of a felony and shall ...
Views: 0
93 Cal. App. 2d 594 (1949) RICHARD D. LARKIN et al., Respondents, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a Corporation), Appellant. Civ. No. 16987. California Court of Appeals. Second Dist., Div. One. Sept. 16, 1949. Chambers & Lyman and Robert Chambers for Appellant. Sprague & Sparks and Richard W. Sprague for Respondents. WHITE, P. J. This is an appeal by defe...
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Petition for writ of habeas corpus on the ground that the term of sentence under which petitioner is imprisoned was beyond the jurisdiction of the court. Petitioner was convicted of a violation of section 702 of the Welfare and Institutions Code (contributing to the *827delinquency of a minor) and sentenced to imprisonment in the county jail for the term of two years. Her confinement began on July...
Views: 0
93 Cal. App. 2d 692 (1949) VERDA E. BARDER, Respondent, v. ELLERY G. McCLUNG et al., Defendants; RAYMOND E. PIERCE et al., Appellants. Civ. No. 17135. California Court of Appeals. Second Dist., Div. One. Sept. 21, 1949. Henry C. Rohr for Appellants. Richard M. Thompson for Respondent. DRAPEAU, J. The instant action for damages is based upon the alleged fraud of defendants in a sale to plai...
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By this action plaintiff, as lessee of certain lands situated in Merced County, sought a declaration of his rights and duties under a certain lease agreement entered into with the defendant as lessor. The complaint alleged that plaintiff had been evicted by the act of defendant in farming a portion of the leased premises and that plaintiff’s duty to pay rent was thereby terminated. The defendant f...
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93 Cal. App. 2d 687 (1949) ANDREW NORMAN, Respondent, v. DOROTHY EVELYN BURKS, Appellant. Civ. No. 16886. California Court of Appeals. Second Dist., Div. One. Sept. 21, 1949. Hugh B. Rotchford, Richard T. Drukker and Chase, Rotchford, Downen & Chase for Appellant. Paul Overton, Gail B. Selig, Horace S. Wilson and Neil G. Locke for Respondent. *689 DRAPEAU, J. Plaintiff is a married man...
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93 Cal. App. 2d 765 (1949) PETER MENDIONDO, Appellant, v. CHARLES E. GREITMAN, as Administrator, etc., Respondent. Civ. No. 7616. California Court of Appeals. Third Dist. Sept. 28, 1949. Manwell & Manwell for Appellant. L. C. Anderson for Respondent. PEEK, J. Plaintiff commenced this action against the administrator of the estate of George Dewey Greitman, deceased, to specifically enfo...
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93 Cal. App. 2d 780 (1949) THE PEOPLE, Respondent, v. JAMES CARL THOMPSON, Appellant. Crim. No. 4349. California Court of Appeals. Second Dist., Div. Three. Sept. 29, 1949. David Silverton for Appellant. Fred N. Howser, Attorney General, and William E. James, Deputy Attorney General, for Respondent. SHINN, P. J. Defendant was convicted in a trial to the court of two offenses of assault wit...
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93 Cal. App. 2d 815 (1949) DANIEL ST. GEORGE et al., Petitioners, v. SUPERIOR COURT OF SAN MATEO COUNTY et al., Respondents. Civ. No. 14323. California Court of Appeals. First Dist., Div. One. Sept. 30, 1949. Kirkbride, Wilson, Harzfeld & Wallace for Petitioners. Frank V. Kington for Respondents. PETERS, P. J. The petition for a writ of mandate must be denied. The petition alleges tha...
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93 Cal. App. 2d 678 (1949) THEODORE T. NEAL, Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a Corporation), Respondent. Civ. No. 16844. California Court of Appeals. Second Dist., Div. Three. Sept. 20, 1949. Geo. P. Cook for Appellant. Hugo A. Steinmeyer, G. L. Berrey and Geo. L. Beckwith for Respondent. SHINN, P. J. The original complaint in this action, which named ...
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93 Cal. App. 2d 761 (1949) CREDIT BUREAU OF SAN DIEGO, INC. (a Corporation), Appellant, v. MYRON SAMUEL WOLF et al., Defendants; ELBERT L. CROW, Respondent. Civ. No. 3955. California Court of Appeals. Fourth Dist. Sept. 26, 1949. Ruel Liggett and Roy M. Cleator for Appellant. A. T. Procopio for Respondent. MUSSELL, J. Plaintiff appeals from a judgment in favor of a third party claimant in ...
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93 Cal. App. 2d 729 (1949) FRANK C. WEAVER, Petitioner, v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent. Civ. No. 14204. California Court of Appeals. First Dist., Div. One. Sept. 23, 1949. Carroll, Davis & Freidenrich for Petitioner. Henry C. Clausen for Respondent. PETERS, P. J. By this proceeding in mandamus the petitioner seeks to compel the trial court to disc...
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Defendant was convicted by a jury of eight felonies—four counts of kidnaping (Pen. Code, § 207), and four counts of rape by force and violence (Pen. Code, § 261). After judgment he moved for a new trial. From the judgment and the order denying the motion for new trial, he has appealed. Contentions Defendant does not attack the sufficiency of the evidence to support the convictions, other than to c...
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93 Cal. App. 2d 698 (1949) KENNETH C. HARDY et al., Appellants, v. MUSICRAFT RECORDS, INC., Respondent. Civ. No. 17104. California Court of Appeals. Second Dist., Div Two Sept. 21, 1949. Demetriou & Viney and John F. Reed for Appellants. A. E. Coppleman and Allan J. Greenberg for Respondent. WILSON, J. Appeal by plaintiffs from a judgment in favor of defendant in an action for money ha...
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This is an appeal from a judgment and order dismissing an action under the provisions of section 581a of the Code of Civil Procedure. *708Plaintiff brought this action on October 1, 1941, to quiet his title to real property in San Diego. Summons in the action was served on the defendant city of San Diego on September 19,1944, but it was not returned to the court until October 17, 1944. On October ...
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Plaintiff instituted a separate maintenance action on the ground of extreme cruelty against defendant in San Diego County. She sought $2,000 per month as support money, and claimed community interest in considerable described property. On application of the defendant husband the action was transferred to Imperial County because it was claimed he was a resident of that county at the time. Defendant...
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93 Cal. App. 2d 684 (1949) K. K. LOWE, Respondent, v. GEORGE LOYD et al., Appellants. Civ. No. 3788. California Court of Appeals. Fourth Dist. Sept. 20, 1949. David E. Peckinpah and L. N. Barber for Appellants. L. Kenneth Say for Respondent. MUSSELL, J. This is an action by a real estate broker to recover commission. Plaintiff and defendants executed a written contract on August 24, 1946,...
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Defendant appeals from a judgment based upon a written contract, by which plaintiff agreed to rent to defendant a certain number of sheets, towels and similar articles and thereafter launder the same and keep defendant supplied with a specified number of each of the articles. Defendant contracted to rent from plaintiff exclusively all articles so specified, to pay for such rental and laundry servi...
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This is an appeal by the defendants in the lower court, now appellants, from a judgment in favor of the plaintiff, appellee herein, awarding the plaintiff special damages, arising from an alleged breach of contract to sell real property in the Homer Brown Addition to the Townsite of Ajo, Pima County, Arizona. The amended complaint of the plaintiff set forth a contract between the defendant and one...
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This is an appeal from an order of the district court of Blaine county, Okla., affirming, on appeal and trial de novo, the order of the county court of said county, and admitting to probate the last will and testament of Riley P. Sawyer, deceased. The proponent was the widow of said decedent and the contestants were the daughters of the predeceased son of the testator by a former marriage. The sol...
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The land which is the subject of controversy was the family homestead of Michael Feeney, who died testate seized thereof. By the terms of the will the land was devised to his wife, Rachael Feeney, for life with remainder to four daughters named. The life tenant was vested with powers to dispose of the land and use the proceeds in which latter event what was left of such proceeds at death of wife w...
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This is an action wherein the plaintiffs, Frank Foley and A. C. Walters, seek to quiet their title, to some 55 acres of land in Grady county, founded upon a resale tax deed, as against the heirs of J. L. Worthing-ton, deceased, the former record owner thereof. The case comes here on appeal from an order of the trial court sustaining a demurrer to plaintiffs’ amended petition. The parties will be r...
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This action involves a review by this court of proceedings instituted by the Executive Council or Central Committee of the Oklahoma Bar Association, wherein charges of professional misconduct were filed against Ben N. Hatcher, O. E. Hatcher, and George D. Davis, all members of the Oklahoma Bar Association from Oklahoma County, as provided by the Rules Creating, Controlling and Regulating the Oklah...
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Mae T. Swisher, one of the defendants below, was the record owner of lots 21 & 22 and the south 10' of lot 20, blk. 8, Dale Addition to Oklahoma City, otherwise known as the Mayfair Apartments. On April 15, 1946, she entered into a contract with Anson L. Clark, by which she agreed to sell to Clark the foregoing real estate, together with all improvements thereon and all furnishings of every kind a...
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This appeal is from a judgment which was rendered as a result of a trial upon the merits after a judgment of default entered in the progress of the trial had been set aside. Briefly, the essential facts as disclosed by the record in this case are: That on June 7, 1946, the plaintiffs in error, hereinafter referred to as plaintiffs, instituted this action against the defendants in error, hereinafte...
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This matter comes on, upon petition for rehearing, the original opinion having been rendered on the 4th day of May, 1949, Miller v. State, 89 Okla. Cr. 200, 206 P.2d 245, 246. In that opinion the judgment and sentence of the lower court was affirmed. Therein the late Judge Barefoot said: *Page 15 "The only serious question raised by the defendant in his assignments of error is that the court erre...
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This is an original action in habeas corpus instituted by the petitioner, Carl E. Owens, for the purpose of securing his discharge from imprisonment in the State Penitentiary. The verified petition alleges that in May, 1949, the petitioner being charged with the crime of forgery in the second degree in the district court of Oklahoma County, entered his plea of guilty to said charge and was sentenc...
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This is an action to quiet title to the timber on a quarter section of described land in Lincoln county. The controversy is between plaintiff and defendant Wallace Monk, each of whom claims the timber. The court found in favor of defendant Monk and plaintiff has appealed from the judgment. The facts are not in dispute. The outcome depends upon the law applicable to the admitted facts. The salient ...
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March 1944, Seigle Finley and W.E. or William Finley, two of the three surviving nephews of Seigle Coleman, who died *Page 383 testate December 4, 1943, employed respondent to contest the deceased Coleman's will, which was successfully done. In re Coleman's Estate, 66 Idaho 567, 163 P.2d 847. At that time respondent told Seigle and William Finley that he would accept the employment only on condit...
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1 Reported in 209 P.2d 906. This matter comes to us upon a writ of certiorari, there being no other plain, speedy, and adequate remedy at law. John Pearce, father of two minor sons by a former marriage, married Ruby Pearce in Seattle, August 29, 1943. They are without issue. July 31, 1948, he commenced this action for divorce. She has made a showing that she is *Page 769 impecunious and resides w...
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THIS is a review of a judgment of the district court reversing in part an award of the Industrial Commission *Page 374 to claimant for room and board while taking treatments as a result of an injury with admitted liability. The Industrial Commission will be referred to as the Commission, the defendant in error, the insurer, and Jackson, the claimant. While working for the Granby Constructors at G...
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THE charter of the City and County of Denver requires that no loans shall be created or bonds issued unless the question of creating them shall be submitted to a vote of the electors qualified therefor. By virtue of appropriate ordinance at an election duly held on May 20, 1947, the electors voted favorably upon the question, "Denver General Hospital: Shall the city council of the City and County ...
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THE parties appear here in the same order as they appeared in the trial court and will be referred to as plaintiffs and defendant. The action is in tort for damages allegedly sustained by plaintiffs resulting from an automobile collision on U.S. Highway 87 in Boulder County, Colorado. The defendant by answer set up a general denial. At the conclusion of the evidence the defendant moved for a direc...
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delivered the opinion of the court. The parties appear as in the trial court and will be so referred to herein. *413 Plaintiff filed her complaint for separate maintenance, alleging extreme and repeated acts of cruelty on the part of the defendant. Defendant, by his answer, denied the allegations of cruelty, and in his cross complaint alleged extreme and repeated acts of cruelty on the part...
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KAREN KAY OREBAUGH, the infant daughter of Sylvia Lou Orebaugh, was, under a jury verdict and judgment of the county court of Pueblo county, found to be a "dependent and neglected child," and the mother seeks a reversal of the judgment by writ of error. The record discloses that on April 16, 1949, there was filed in the county court of Pueblo county a "Petition in *Page 378 Dependency" in which i...
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The opinion of the court was delivered by This was an action wherein defendant was convicted on seven counts for violation of G. S. 1985, 21-2146, commonly known as the prohibitory liquor statute. He has appealed. The information originally contained nine counts. At the conclusion of the state’s evidence the state was ordered to elect as to the four possession counts and elected to dismiss two of ...
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This is an appeal by Isadore Eisen, one of the defendants below, from a judgment obtained against him by the *Page 344 respondents, Albert P. Neilson, and his wife, Eileen W. Neilson, plaintiffs below, in the sum of $8500, with interest at the rate of eight per cent per annum from April 1, 1947, plus $500 attorney fees and costs. A judgment of no cause of action was entered in favor of the other ...
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In January of 1947, the appellant commenced an action against the respondent in the court below to recover the *Page 349 sum of $1,000, plus interest, allegedly due and owing to the appellant by virtue of a loan made to the respondent on December 3, 1945. The answer to the complaint by the respondent consisted of a general denial. On April 7, 1948, when the case was tried, the appellant appeared ...
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Plaintiff sued defendants to recover $1,000 paid to defendant Janssen. Defendant corporation counterclaimed for specific performance of a contract for assignment of an oil lease. From a judgment against both defendants awarding plaintiff recovery of $1,000 and denying any relief on the counterclaim, defendants each appeal. Plaintiff is a partnership engaged in the production of a heavy vis...
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34 Cal. 2d 355 (1949) RICHARD EDWARD REEVES, Respondent, v. ANNABELLE REEVES, Appellant. L. A. No. 20895. Supreme Court of California. In Bank. Sept. 30, 1949. Edward Raiden for Appellant. Melanie Dynner for Respondent. CARTER, J. Plaintiff husband commenced an action for a divorce from his 19-year-old wife in May, 1948, and personal service was had upon her in Nevada. She having failed to...
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34 Cal. 2d 311 (1949) Estate of MATTIE G. STANLEY, Deceased. MILLEDGE F. STANLEY, as Administrator, etc., Appellant, v. JUANITA G. CLARKE, Respondent. S. F. No. 17704. Supreme Court of California. In Bank. Sept. 28, 1949. Edward D. Mabson for Appellant. Richard M. Lyman, Jr., Leo A. Sullivan and Andrew P. Costelli for Respondent. CARTER, J. This is an appeal by Milledge Stanley from a decr...
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A writ of habeas corpus was heretofore issued upon a petition asserting invalidity of petitioner’s confinement under a commitment following two adjudications of contempt for failure to comply with certain orders for the payment of money made in a pending action for divorce in which he is the defendant. When the matter came on for hearing it was submitted upon the petition and the return, the petit...
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93 Cal. App. 2d 777 (1949) THE PEOPLE, Respondent, v. GARRETT A. WILLIAMS, Appellant. Crim No. 2609. California Court of Appeals. First Dist., Div. Two. Sept. 29, 1949. Garrett A. Williams, in pro. per., for Appellant. Fred N. Howser, Attorney General, and David K. Lener, Deputy Attorney General, for Respondent. GOODELL, J. This appeal is from an order of May 31, 1949, denying appellant's ...
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93 Cal. App. 2d 750 (1949) Estate of VIOLA C. CARR, Deceased. ELIZABETH CARR SULLIVAN, Respondent, v. H. G. JORGENSEN et al., Appellants. Civ. No. 14053. California Court of Appeals. First Dist., Div. Two. Sept. 26, 1949. Hudson, Martin, Ferrante & Street for Appellants. Mahaney, McDonald & Isenberg for Respondent. GOODELL, J. Viola C. Carr died in Monterey on August 4, 1943, aged ...
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93 Cal. App. 2d 834 (1949) THE PEOPLE, Respondent, v. BENJAMIN MEARSE, Appellant. Crim. No. 4371. California Court of Appeals. Second Dist., Div. Three. Sept. 30, 1949. Philip M. Schwabacher for Appellant. Fred N. Howser, Attorney General, and Elizabeth Miller, Deputy Attorney General, for Respondent. WOOD, J. Defendant was charged in count one of an information with assault with a deadly ...
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93 Cal. App. 2d 827 (1949) IRENEO ROTEA, Respondent, v. TERESA ROTEA, Appellant. Civ. No. 16828. California Court of Appeals. Second Dist., Div. Three. Sept. 30, 1949. Claude A. Watson, Edward P. Hart and Henry F. Walker for Appellant. Willedd Andrews for Respondent. WOOD, J. Action to quiet title to an undivided one-half interest in a house and lot. Defendant appeals from the judgment in ...
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On January 8, 1940, the parties to this action executed articles of copartnership for the purpose of operating an automobile parking station and thereafter transacted the partnership’s business. On March 8, 1943, the articles were modified by a writing which provided that (1) at the close of the war respondent might check the business *847done for five months; (2) during such five months responden...
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Four actions for declaratory relief were consolidated for trial and from the four declaratory judgments which followed appeals are prosecuted by the Attorney General of the United States, plaintiff in intervention in each action (hereinafter called intervener), and the Superintendent of Banks of the State of California, defendant. The four actions present common questions of law on facts in all ma...
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Petition for writ of mandate directing respondent State Personnel Board to authorize payment of petitioner’s salary for the period from December 4, 1948, to March 25, 1949. The main question is: Under the State Civil Service Act, where charges are filed against a state employee by the appointing power and he is suspended by such power from service pending the hearing of such charges, and one of th...
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94 Cal. App. 2d 56 (1949) JOAN WILLIAMS FIELDS, Appellant, v. HARRY DAVID FIELDS, Respondent. Civ. No. 16816. California Court of Appeals. Second Dist., Div. Three. Oct. 7, 1949. Flint & MacKay for Appellant. Leo Shapiro for Respondent. SHINN, P. J. On May 15, 1947, Mrs. Fields obtained an interlocutory decree of divorce on the grounds of extreme cruelty and adultery. The court made fi...
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94 Cal. App. 2d 20 (1949) THE PEOPLE, Respondent, v. ISAAC MANUEL, Appellant. Crim. No. 2128 Third Dist. California Court of Appeals. Oct 5, 1949. Henry W. Mahan for Appellant. Fred N. Howser, Attorney General, and Doris H. Maier, Deputy Attorney General, for Respondent. THOMPSON, J. The defendant was tried by a jury and convicted of lascivious acts upon a 5-year-old child, contrary to the...
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94 Cal. App. 2d 61 (1949) MICHAEL COLETTI, Respondent, v. STATE BOARD OF EQUALIZATION et al., Appellants. Civ. No. 16874. California Court of Appeals. Second Dist., Div. Three. Oct. 7, 1949. Fred N. Howser, Attorney General, and Bayard Rhone, Deputy Attorney General, for Appellants. Prentiss Moore and Charles M. Hughes for Respondent. SHINN, P. J. The State Board of Equalization and the me...
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93 Cal. App. 2d 757 (1949) JULIUS C. DUFFEY et al., Respondents, v. GENERAL PETROLEUM CORPORATION (a Corporation), Appellant. Civ. No. 7669. California Court of Appeals. Third Dist. Sept. 26, 1949. Goldstein, Barceloux & Goldstein for Appellant. L. C. Smith for Respondents. ADAMS, P. J. Plaintiffs, husband and wife, brought this action against defendant corporation for injuries to thei...
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94 Cal. App. 2d 4 (1949) J. G. COLBURN, Appellant, v. DAVID SESSIN et al., Respondents. Civ. No. 17078. California Court of Appeals. Second Dist. Div Two. Oct. 5 1949. Lane & McGinnis for Appellant. Snyder & Naiditch, Samuel Greenfield and Daniel A. Weber for Respondents. WILSON, J. Appeal from judgment in favor of defendants after the sustaining of a demurrer to plaintiff's compla...
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A writ was heretofore issued on petition of Los Angeles Jewish Community Council and National Automobile and Casualty Insurance Company for the review of an award of $6,000 by the Industrial Accident Commission as a death benefit to Margareta Frederika Cohn, widow of Rabbi Emil Bernard Cohn. In the petition the statement of question involved reads as follows: “Whether the Industrial Accident Commi...
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This action was brought on March 23, 1946, by Sarah Catherine Bailey, by Ennis Bailey, guardian, against the defendants, Oswald Lovin and Mary Ann Lovin, to cancel two deeds to real estate and a bill of sale to certain personal property made by plaintiff Sarah Catherine Bailey to the defendants. Grounds alleged for the cancellation of the instruments were that plaintiff was mentally incompetent at...
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This is an action for divorce, appealed from the second judicial district of the state of Montana, in and for the county of Silver Bow, the Honorable T.E. Downey, district judge presiding. Plaintiff husband had judgment and defendant wife appeals. The complaint, after necessary allegations of marriage and residence, alleged there was no issue and "plaintiff prior to said marriage and subsequent th...
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The petition of Alfred Frederick Campeau shows that he was lawfully committed to the state prison at Deer Lodge in Powell county where he is now serving a sentence imposed upon him by the judgment of the district court of Yellowstone county, Montana; that with the customary good time allowance he will be eligible for release on or about March 30, 1948; that he has been notified that upon his relea...
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Decided March 24, 1948. The petition of Alfred Frederick Campeau shows that he was lawfully committed to the state prison at Deer Lodge in Powell county where he is now serving a sentence imposed upon him *Page 616 by the judgment of the district court of Yellowstone county, Montana; that with the customary good time allowance he will be eligible for release on or about March 30, 1948; that he ha...
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On appellant’s praecipe for dismissal filed with the Clerk, it is ordered that this appeal be dismissed without costs to either party. ...
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The Prudential Insurance Company of America, appellant, by and through its counsel, Corette and Corette, Weir, Gough and Matson, having filed herein written praecipe so requesting. It is ordered that said appellant’s appeal be dismissed and that all original exhibits be returned to the district court forthwith. ...
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Pursuant to Stipulation of Burke and Hibbs, Esqs., counsel for Appellants, and Coleman, Jameson and Lamey, Esqs., counsel for Respondent, requesting dismissal of the appeal herein. It is ordered that said appeal be dismissed and that all original exhibits be returned to the district court forthwith. ...
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On relator’s praecipe for dismissal filed with the Clerk, it is ordered that relator’s motion and application for an alternative writ in this cause be dismissed without costs to either party. ...
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Pursuant to stipulation, it is hereby ordered that the above entitled cause be dismissed. Chief Justice, HUGH R. ADAIR. ...
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It is hereby ordered that the application for the writ herein be denied. Hugh Adair, Chief Justice; I. W. Choate, Albert H. Angstman, Edwin K. Cheadle, Lee Metcalf, Associate Justices. ...
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It is hereby ordered that the application for the writ herein *606 be denied. Hugh Adair, Chief Justice; I. W. Choate, Albert H. Angstman, Edwin K. Cheadle, Lee Metcalf, Associate Justices. Done this 22nd day of May, 1947. Attorney for Relator: John K. Claxton, Butte. ...
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Pursuant to stipulation, it is hereby ordered that the appeal be, and the same is hereby dismissed. ...
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Pursuant to the stipulation of the parties, on file herein, it is hereby ordered, that the appeal from that certain judgment in the above entitled cause, made and entered on the 6th day of August, 1947, in the District Court of the Fifth Judicial District of the State of Montana, in and for the County of Madison, be *608 and the same is hereby dismissed without costs to either party. Dated th...
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Relator's application for a writ of habeas corpus is hereby denied upon the ground that the petition shows on its face that relator's restraint is legal and lawful since he is serving a 30 year sentence imposed in 1939, he having been found guilty of burglary in the first degree and having admitted the charge of prior conviction. See section 12023, Revised Codes, and State ex rel. Williams v. Henr...
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It is ordered that the petition for a writ of supervisory control or other writ herein be and the same is denied. See Swarthout v. Gentry, 73 Cal. App. 2d 847, 167 P.2d 501. Done this 20th day of October, 1947. Chief Justice, HUGH ADAIR....
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Order of the Court was this day handed down in open Court. It is ordered that the petition for an alternative writ of supervisory control herein be and the same is denied. Hugh Adair, Chief Justice; I. W. Choate, Fred L. Gibson, Albert H. Angst-man, Lee Metcalf, Associate Justices. ...
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It is ordered that the petition for writ of supervisory control be denied and the proceedings dismissed. *609 Done this 1st day of December, 1947. Attorneys for Relator, Messrs. Greenan and Manion of Great Falls. Chief Justice, HUGH ADAIR, Associate Justice, I. W. CHOATE, Associate Justice, FRED L. GIBSON, Associate Justice, ALBERT H. ANGSTMAN, Associate Justice, LEE METCALF...
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In this cause, a stipulation having been filed herein by the parties hereto, and attorneys of record, for the dismissal of this cause on appeal, on motion of Loble and Loble, attorneys for appellant. It is ordered, adjudged and decreed that the appeal herein be, and the same is hereby dismissed. ...
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ORDER The writ issued June 16,' 1948 on application of relators commanding the respondent Court to vacate its certain order of April 26, 1948, ordering stricken defendants’ bill for costs in District Court Cause No. 16754, entitled Leo Godt et ah, Plaintiffs v. City of Missoula, et al., Defendants, or to show cause on a day certain why it had not done so having been duly served and the responde...
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It is ordered that the application for writ of prohibition be and the same is hereby denied. Chief Justice, HUGH ADAIR. Associate Justice, FRED L. GIBSON, Associate Justice, ALBERT H. ANGSTMAN, Associate Justice, I. W. CHOATE, Associate Justice, LEE METCALF. ...
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The Court finds no merit in the application for writ of habeas corpus filed herein and IT IS ORDERED that the writ be denied and the petition be dismissed. Hugh Adair, Chief Justice, I. W. Choate, Fred L. Gibson, Albert H. Angstman, Associate Justices. ...
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On motion and praecipe of S. J. Rigney, Esq., of counsel for appellant, it is ordered that this appeal be dismissed. ...
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It is ordered that the application for writ of mandate be and the same is hereby denied. Chief Justice, HUGH ADAIR, Associate Justice, I. W. CHOATE. Associate Justice, FRED L. GIBSON. ...
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Application for writ of certiorari denied. Hugh Adair,. Chief Justice, I. W. Choate, Albert H. Angstman, Fred L. Gibson, Lee Metcalf, Associate Justices. ...
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It is ordered that the petition for a writ of review herein be and the same is denied. Chief Justice, HUGH ADAIR, Associate Justice, I. W. CHOATE, Associate Justice, FRED L. GIBSON, Associate Justice, LEE METCALF. ...
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ORDER W. J. Jameson, Esq., of counsel for Appellant, and M. J. Doepker, Esq., of counsel for Respondent, having this day so stipulated, It Is Ordered that the appeal be and it is dismissed. Done this 17th day of January, 1949. HUGH ADAIR, Chief Justice. HARRY J. FREEBOURN, ALBERT H. ANGSTMAN, LEE METCALF, R. V. BOTTOMLY, Associate Justices....
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ORDER Pursuant to Praecipe of Appellant for dismissal filed herein, the appeal is dismissed. Dated this 4th day of November, 1948. HUGH ADAIR, Chief Justice. ...
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ORDER Pursuant to appellant’s praecipe. It Is Hereby Ordered that the above entitled appeal be dismissed. Done this 5th day of November, 1948. HUGH ADAIR, Chief Justice. ...
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It appearing that there is no immediate emergency or neces *618 sity for this Court assuming original jurisdiction herein for the reason that it affirmatively appears from the record and argument of counsel that the lands involved are being cultivated and farmed by John Stoos and sons-either under agreement with the petitioner H. J. Nicol or under agreement with the State of Montan...
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ORDER Pursuant to Praecipe for Dismissal filed by tbe Attorney General, tbe appeal is dismissed. ...
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ORDER On application of the appellant Jardine Mining Company this Court on February 28, 1946, made an order granting sixty days’ additional time in which to serve and file its transcript on appeal herein, and it appearing that such time has long since expired and that no further extension has been applied for or granted and that no transcript or other record has been filed, It Is Ordered that...
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ORDER Pursuant to Praecipe for Dismissal filed by counsel for Appellant, Earl J. Tucker, Distributing Company, the appeal is dismissed. Done this 30th day of August, 1948. ...
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Decided December 31, 1948. Upon application of the appellants in the above entitled cause, wherein notice of appeal was filed October 29, 1948, and it appearing that, subsequent to filing of said notice of appeal, the matters in dispute in said cause were fully and finally settled to the satisfaction of the parties thereto, *Page 627 It is Ordered, and This Does Order, that the above entitled cau...
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Upon application of the appellants in the above entitled cause, wherein notice of appeal was filed October 29, 1948, and it appearing that, subsequent to filing of said notice of appeal, the matters in dispute in said cause were fully and finally settled to the satisfaction of the parties thereto, Mr. B. V. Bottomly, Attorney General of the State of Montana, and Mr. Baxter Larson, Assistant Attorn...
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Decided January 14, 1949. ORDER OF DISMISSAL Upon joint motion of plaintiff and respondent and defendant and appellant, and good cause having been shown, It Is Hereby Ordered that the appeal in the above entitled cause be and is hereby dismissed, with each party bearing his and its respective costs incurred. Done this 14th day of January, 1949. ...
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The writ is denied and the proceeding dismissed. ...
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ORDER Relator’s, application for writ of supervisory control or other appropriate writ is denied and the proceeding ordered dismissed. Writ denied. Done this 20th day of April, 1949. HUGH ADAIR, Chief Justice. ...
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Decided March 21, 1949. ORDER Before making application for writ to this court relator should have availed himself of the remedy offered by Section 9776, *Page 633 R.C.M. 1935. This he did not do. On authority of State ex rel. Woodard, et al., v. District Court, 120 Mont. 585,189 P.2d 998, and State ex rel. Lichte v. District Court, 121 Mont. 34,189 P.2d 1004, the wr...
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Decided May 16, 1949. ORDER The writ is denied and proceedings dismissed. Done this 16th day of May, 1949. HUGH ADAIR, Chief Justice. HARRY J. FREEBOURN, ALBERT H. ANGSTMAN, LEE METCALF, Associate Justices. *Page 635 In my opinion the application should be granted and a writ of review issued. R.V. BOTTOMLY, Associate Justice....
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ORDER It appearing from praecipe filed that counsel for appellant hath no confidence in the merit of his appeal and desires dismissal, it is so ordered. Dated this 7th day of May, 1949. HUGH ADAIR, Chief Justice. ...
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Relator’s petition for writ of certiorari is denied....
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ORDER On various applications of Phil O’Donnell, Esq., of counsel for appellant, this court made various orders extending the time for filing appellant’s transcript on appeal herein as follows: By order made November 18, 1947, time was extended 60 days; by order made January 17, 1948, time was extended to March 20, 1948; by order made March 22, 1948, a further extension of 60 days; by order m...
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Writ denied but reserving relator’s right to renew application therefor on papers and record now on file herein and such supplemental record as may be proper in the event the respondent District Court and the Honorable Lyman H. Bennett, judge thereof, neglects, fails or omits to honor the affidavit of disqualification filed against him. Done this 5th day of January, 1949. HUGH ADAIR, Chief Justice...
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A praecipe having- been filed with the Clerk by the appellant asking- for the dismissal of the appeal of the above entitled cause, It Is Ordered that the appeal herein be, and the same is hereby, dismissed, without costs to either party. Dated this 5th day of January, 1949. HUGH ADAIR, Chief Justice. ...
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It appearing from the record that the transcript on appeal herein was filed in this court on July 6, 1948, and that thereafter appellant neglected, failed and omitted to file any brief or memorandum of authorities and that the time for so doing has long since expired and that the attorney general has moved that the appeal be dismissed for lack of prosecution on the part of appellant and for app...
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ORDER Melvin E. Magnuson, Esq., of counsel for Appellants, and Sherman "W. Smith, Esq., of counsel for Respondent, having this day so stipulated, It Is Ordered that the appeal be and it is dismissed. Done this 17the day of January, 1949. HUGH ADAIR, Chief Justice. HARRY J. FREEBOURN, ALBERT H. ANGSTMAN, LEE METCALF, Associate Justices. ...
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