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All Reporters → p2d → Volume 220

Opinions in p2d Volume 220

In an action for divorce, John A. Vallindras was ordered to pay certain amounts for the support of his wife and children and $100 as attorney’s fee. Upon an affidavit of his wife, alleging that he had not complied with these requirements, an order to show cause issued. Following several hearings, Vallindras was committed to the county jail. The present proceeding in habeas corpus was brought to o...
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Plaintiff, a taxpayer and resident of defendant county, sought an injunction restraining defendants from proceeding .with a proposed project consisting of resurfacing a county highway under the supervision of E. G. McLain, the county road commissioner, without calling for bids or letting a contract. The project will cost over $3,000. McLain was appointed by the county board of supervisors to the p...
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Petitioner, a resident of Missouri, seeks a writ of prohibition to prevent the further prosecution of an action in the superior court in which he is defendant and Elsie Barker is plaintiff on the ground that the court has no jurisdiction of his person. Petitioner was married to Elsie Barker’s daughter and has by her one son, Richard J. Franklin, Jr. In May, 1948, petitioner’s wife took the...
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Having been convicted of murder upon purely evidential circumstances appellant demands a reversal upon the grounds of insufficiency of the proof, error in not properly instructing the jury, denial of due process and equal protection of the law under state and federal Constitutions. While serious questions are raised as to the evidence of both motive and identity, the question for decision is whet...
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Gregg W. Toland died on September 28, 1948, leaving surviving him his widow and three minor children one of whom, Lothian Toland, is his daughter by a prior marriage. Appellant, who is the mother of Lothian Toland, filed on her behalf a petition for family allowance. On June 2, 1949, the court ordered the executor to pay the sum of $175 a month to appellant for the use and benefit of Lothian To-*3...
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Robert L. Mueseler and George G. Smith, as executors of the will of Augusta Mueseler, deceased, have moved the court to dismiss an appeal purportedly taken by Arthur P. Mueseler from an order entered June 8, 1949, construing the will of said decedent, determining certain other issues, and ordering partial distribution. The motion was made upon the ground that on June 13,1949, Arthur P. Mueseler si...
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Plaintiff appeals from a judgment in favor of defendants. Plaintiff is a building contractor who constructed a home for defendants. He sued on a quantum meruit *368for work and labor in the sum of $8,967.62. Defendants alleged that the home was constructed under a written contract for an agreed price of $4,797. On this issue the trial court found in favor of defendants and plaintiff’s main content...
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This is an appeal from the judgment; a jury found for the defendants. It is contended on appeal that, “The evidence was insufficient to justify the jury’s verdict in favor of defendants”; that “The trial court erred in the giving of certain instructions requested by defendants, and in modifying and refusing to give certain instructions requested by plaintiff.” As recited in appellant’s brief, “The...
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Katherine J. Blackmon made a holographic will on October 4, 1944. She died on November 29, 1947. By her will she gave various things to her sister Mary Fox, and *315she gave one dollar to each of three relatives of her deceased husband, but she did not give anything to any other person. Another sister of testatrix, a brother, and five children of a deceased brother, filed a petition to determine h...
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The present controversy arises out of an election contest between appellant and respondent who were opposing candidates for the office of supervisor for the Third Supervisorial District of San Joaquin County in the November 1948 general election. The official canvass of the returns showed that the contestant Hawkins received a total of 7,256 votes and that the contestee Sanguinetti received 7,269...
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The parties to this action were formerly husband and wife living in Ukiah, Mendocino County, California. On April 11, 1947 George Daut filed in that county an action for divorce. In an affidavit for service of summons by publication he alleged that defendant, Mildred Laverne Daut, was going under and using the name of Mrs. W. E. Schenck, and that she resided at Larch Road, Briarcliff Manor, in th...
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This is an appeal from a judgment rendered June 8, 1949, in the district court of Blaine county, the Honorable C. B. Elwell, judge presiding, in a suit in equity involving the use of certain waters in the drainage area of Hay Coulee. Appeal No. 8039. The right to the use of the water in the water shed of Hay Coulee was involved in appeal No. 8039 in this court, Federal Land Bank of Spokane v. Morr...
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220 P.2d 83 (1950) In re KUHR'S ESTATE. STATE v. KUHR. No. 8918. Supreme Court of Montana. April 21, 1950. Rehearing Denied July 29, 1950. Arnold H. Olsen, Atty. Gen., H. O. Vralsted, Sp. Asst. Atty. Gen., H. D. Carmichael, First Asst. Atty. Gen., for appellant. Max P. Kuhr, Havre, for respondent. *84 JOHN B. McCLERNAN, District Judge (sitting in place of Mr. Justice BOTTOMLY, disqualified). Elsi...
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This is an appeal by the plaintiff from a judgment entered on the verdict of a jury in favor of the defendant in an action for death damages. The case arises out of a collision between the defendant’s automobile and plaintiff’s decedent, a pedestrian, at the intersection of Northwest Front Avenue and Northwest Thurman Street in the city of Portland, Oregon, on November 1, 1947, at approximately 9:...
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This is an appeal from a decree denying specific performance of an alleged lease of a grocery store in Ashland, Oregon, the terms and conditions thereof being embraced in a written, unsigned instrument. Plaintiff-appellant Young and her ex-husband Neill, re*164spondent-cross appellant, were the lessees, and the defendants-respondents McGee, husband and wife, were the lessors. Mr. Neill and Mrs. Mc...
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189 Or. 317 (1950) 219 P.2d 155 220 P.2d 95 SCHOOL DISTRICT NO. 9 v. MAXWELL ET UX. Supreme Court of Oregon. Argued March 29, 1950. Affirmed May 31, 1950. Petition for rehearing denied June 27, 1950. *319 H.T. Botts, of Tillamook, argued the cause and filed briefs for appellants. George P. Winslow, of Tillamook, argued the cause and filed a brief for respondent-cross appellant. Before LUSK, Chief...
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This is an appeal from a decree setting aside as void an instrument dated August 28, 1947, purporting to be the last will and testament of George W. Jackson, Sr., deceased, on the ground that it was executed as a result of undue influence and an insane delusion. It was also decreed that an instrument dated April 18, 1946, was the last will and testament of the above named deceased and that it be a...
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This is an action by the plaintiff as lessee against the defendant lessor to recover damages on account of the failure of the defendant to furnish hot water and heat as required by the terms of the lease. The case was tried by the court without a jury and judgment was rendered in favor of the plaintiff. The defendant appeals and presents three assignments of error as follows: (1) The court erre...
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This is an appeal by the plaintiff from a decree of the Circuit Court in favor of the defendants-respondents which dismissed the suit. The respondents are Eiehfield Oil Corporation, Shelby Bailey and Eldon Young. Yv7e may hereafter refer to the oil company as Eiehfield. This suit arose out of a ten-year lease which was signed by the appellant, as lessor, December 30, 1940, and by Eiehfield...
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The appellant was charged with the offense of carnal knowledge and unlawfully knowing a female over the age of 13 years and under the age of 18 years. He complains about certain amendments in the complaint that was filed before the committing magistrate — a city judge in this case. The complaint shows on its face these amendments: “ * * * on/or about (8th) 16th day of July A. D. 1949. * * * ” The ...
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This action was commenced by Ruth Marie Basinger, the appellant before this court, to recover for injuries sustained by her in a fall on a sidewalk in Salt Lake City. The trial court granted a nonsuit as to all parties defendant. This *123appeal is from the judgment of nonsuit granted in favor of defendants Zion’s Co-operative Mercantile Institution and Standard Furniture Company. At the time of h...
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The opinion of the court was delivered by Defendant was charged and tried on seven counts of alleged liquor and gambling violations. She was found guilty on counts two and three and acquitted on the remainder. Her motions in arrest of judgment and for a new trial being overruled, she has appealed. Count two charged: “. . . that on the 16th day of July, 1949, in said County of Johnson, and...
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The opinion of the court was delivered by The three consolidated appeals herein involve only. Fred Brack, plaintiff-appellant, Walter Kleweno, defendant-appellee, and Elman Brack, intervenor-appellant. Appeal No. 37,890 was taken by plaintiff Fred Brack as to defendant Kleweno from the judgment of the trial court and from its order overruling and setting aside an order granting plaintiff a new tri...
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*624 The opinion of the court was delivered by This was a proceeding by motion in a tax foreclosure action to set aside all proceedings therein including the foreclosure judgment and sheriff’s deed on the ground all proceedings were void on théir face. The motion was overruled and the movant, J. R. Smith, has appealed. The foreclosure action was instituted by the board of co...
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The opinion of the court was delivered by This was an action to recover damages for personal injuries.- Plaintiff prevailed and defendants appeal. Appellants, C, B. Hereford and R. T. Hereford, his son, were partners doing business as The Hereford Motor Company. They were engaged in the business of selling and repairing motor vehicles in a building located on the southeast’ corner of...
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The opinion of the court was delivered by This was a petition against an estate for money. On motion of claimant it was certified to the district court. The court overruled motions to make definite and certain, to strike, to order claimant to elect and a demurrer to the petition. The executrix of the estate has appealed. After the formal allegations, the petition alleged that The Equ...
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The opinion of the court was delivered by This was an appeal by an interested landowner to the district court of Saline county from findings of the board of. county commissioners allowing addition of described territory to the City of Salina upon petition of the city to that board under G. S. 1935, 12-501 and 12-502. Provision for such appeal is made in section 12-502a. The appeal was resisted ...
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The opinion of the court was delivered by This is an action in the nature of a creditor’s bill to subject certain real estate standing in the name of Leila M. Snyder to the satisfaction of a judgment obtained by the plaintiff against her husband, J. R. Snyder. The pleadings are not in controversy and need not be detailed. For purposes of this appeal the essential and controlling facts disclos...
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*634 The opinion of the court was delivered by This action was instituted by appellant Wood River Oil & Refining Co., Inc., to quiet its title to an oil and gas lease covering certain described real property in Rooks County, Kansas, and to construe a will. All appellees, defendants in the original action, filed cross petitions seeking to establish interests in the prop...
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The opinion of the court was delivered by This is an original proceeding in habeas corpus. Lee Kamen, petitioner, seeks' to be discharged from the custody of respondent sheriff, by whom he is detained awaiting trial on a criminal charge. He claims that his imprisonment is unlawful and that he is being deprived of his liberty in violation of federal and state constitutions and laws. The following p...
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The opinion of the court was delivered by This is an appeal from a judgment in a proceeding in quo warranto brought in the district court of Republic county on the relation of the county attorney against Rural High School District No. 3; Common School District No. 63, and the individual members of the boards of both districts, to oust the school districts and their boards from proceeding to uni...
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169 Kan. 540 (1950) 220 P.2d 171 MERL L. KNOBLOCK, Appellee, v. THOMAS H. MORRIS and ARMOUR & COMPANY, Appellants. No. 37,799 Supreme Court of Kansas. Opinion filed July 8, 1950. Allen Meyers, of Topeka, argued the cause, and P.W. Crocker and S.M. Terbovich, of Kansas City, and Lowell R. Johnson and Harold T. Van Dyke, of Kansas City, Mo., were with him on the briefs for the appellants. David...
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*528 The opinion of the court was delivered by This was a criminal prosecution. The state appeals from rulings of the trial court pertaining to the admission of evidence and from a ruling sustaining a demurrer to the state’s evidence. An information was filed against Earl George Richards, Jr., and Paul Robert Simpson, charging them with the crime of robbery in the first degree committed aga...
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The opinion of the court was delivered by This action involved the relative liability of the parties arising from a collision of two trucks about six miles south of Newton on U. S. Highway No. 81. One of the trucks was owned by a partnership doing business as Graves Truck Service. It consisted of a White tractor and an Omaha Standard semitrailer equipped for the hauling of livestock. It was empty ...
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The opinion of the court was delivered by The original opinion is reported in 169 Kan. 41, 216 P. 2d 812. The parties, the nature of the action, the pleadings, findings of fact made and the judgment of the trial court are all set forth in the original opinion and are made a part hereof without restatement. A few preliminary statements, however, may be helpful. The appellant Marshall ...
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*586 The opinion of the court was delivered by This is an original proceeding in mandamus to compel the city officials of Wichita to accept and examine petitions under G. S. 1935, 12-107, calling for adoption of or a referendum upon a proposed ordinance repealing two resolutions adopted by the city of Wichita on August 14, 1945, and a third resolution adopted on April 22, 1947, a...
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The opinion of the court was delivered by This is an appeal from a ruling sustaining defendants’ demurrers to the pleadings and evidence in an action to enjoin defendant labor unions from interfering with the contractual relationship subsisting between appellant and certain of its employees, members of appellee union and fellow tradesmen of the members of appellee association, Local No. 297. The ...
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169 Kan. 610 (1950) 220 P.2d 208 MRS. MINNIE HULTBERG, (EVART MILLS, Administrator of the Estate of MINNIE HULTBERG, Deceased), Appellee and Cross-Appellant, v. RUTH PHILLIPPI, Appellant and Cross-Appellee. IOWA HOME MUTUAL CASUALTY COMPANY, Garnishee. No. 37,944 Supreme Court of Kansas. Opinion filed July 8, 1950. L.H. Ruppenthal, of McPherson, argued the cause, and was on the briefs for appella...
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OPINION By the Court, Respondent husband, who was granted a decree of divorce from the appellant wife by the district court, has (1) moved to strike the “transcript of Testimony and Proceedings,” certified by the official court reporter; (2) has moved to strike twenty-two listed papers embodied in the “Record on Appeal”; (3) to dismiss the appeal from the order denying appellant’s motion for ...
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*421 OPINION By the Court, This application for a writ of mandamus presents squarely for determination the constitutionality of an act of the legislature applying to Washoe County alone, and dividing that county into two commissioner districts. Petitioner alleges that he is a citizen, taxpayer and legally qualified voter of Washoe County; that respondent is the county clerk and ex officio...
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The City of Phoenix has prosecuted this appeal challenging the correctness of the judgment of the Superior Court of Maricopa County wherein the City of Phoenix, its officers, servants, agents, and employees were “perpetually enjoined and restrained from picking up, preventing the operation thereof, or in any way interfering with the plaintiff in his business of operating mechanical grabbing devic...
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This is an action by plaintiff for damages on account of personal injuries suffered, based upon the alleged negligence of Montgomery Ward & Company in the treatment and maintenance of floors in its retail mercantile establishment at Tucson. The evidence is in conflict on this latter point. Rachel Wright with whom her husband, Benjamin G. Wright, joined in this action, will be referred to i...
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Appellee will be referred to herein as plaintiff; and appellants will be referred to as defendants. The accident, which is the basis of this action, occurred at a point near Tempe, Arizona, on Base Line Road, an east-west paved highway twenty-one feet in width, where said road intersects with Canal Drive, a north-south road, such intersection forming a T, or “dead end.” Plaintiff’s intestate, a...
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This court on January 16, 1950, in the case of In re Lewkowitz, 69 Ariz. 347, 213 P.2d 690, by unanimous decision granted motions to vacate, quash and dismiss an order to show cause directed against respondents. The basis for the decision was that the title to the State Bar Act, Laws 1933, ch. 66, — now appearing as Art. 3, Ch. 32, A.C.A.1939, under which the disciplinary proceedings against respo...
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This appeal presents error from the district court of Oklahoma county, and was brought by Sam W. Smith and Bessie E. Smith, as plaintiffs, against the Liberty Plan Company, as defendant, to recover usurious interest charged plaintiffs. For convenience the parties here will be referred to as they appeared in the trial court, plaintiff in error as defendant, and defendants in error as plaint...
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Plaintiff brought an action against the defendant, Forrest Van Pelt, to secure possession of an automobile and to foreclose a chattel mortgage on the automobile, which mortgage was given as security for the payment of a promissory note dated September 8, 1948, due December 8, 1948, in the principal sum of $800. Judgment was for the plaintiff in the sum of $767.75 with costs and attorney’s fee. A m...
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This is an action by C. L. Frates & Company, a copartnership, against L. C. Jones, d/b/a L. C. Jones Truck Company, and Traders & General Insurance Company, a corporation, to recover insurance premiums alleged to be due by L. C. Jones for policies secured by C. L. Frates & Company, herein referred to as “Insurance Agency”, from Traders & General Insurance Company, herein referred to as “Insurance ...
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On August 6, 1947, Fred Jones filed with the board of adjustment established in the city of Tulsa under the city zoning ordinance an application for waiver of set-back restrictions so as to permit the erection of a building approximately ten feet beyond the set-back line in the 1200 block on South Boston avenue in said city. No protests against the allowance of the application were filed by pro...
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On February 4, 1948, the State Industrial Commission, sitting en banc, affirmed an award for temporary total disability theretofore made by a trial commissioner, in favor of claimant, Betty Gates, against her employer, Dalton Barnard Hardware Company, and its insurance carrier. Thereupon the employer and its insurance carrier brought this original proceeding in this court to review the award. Peti...
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On the 27th day of April, 1949, J. C. Ward, claimant, filed his first notice of injury and claim for compensation stating therein that about March 1, 1948, he sustained an accidental injury arising out of and in the course of his employment with White-hill Oil Company while employed as a roustabout and pumper. The claim was afterwards amended to show em *278 ployment by Ward Oil & ...
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This action was commenced in the county court of Pontotoc county by defendants in error, W. C. Faulkenberry and Maude Faulkenberry, d/b/a Faulkenberry Grocery Store, against plaintiff in error, the Southwest Ice and Dairy Products Company, a corporation, d/b under the trade name of Steffens Dairy Products Company, wherein plaintiffs sought to recover damages on account of the sale by defendant ...
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This is an appeal from a decree granting a permanent injunction against plaintiffs in error enjoining them from constructing, building, *284 or rebuilding a levee or levees on the lands of defendant Robert M. Raineylocated in sections 12 and 13, township 1S, range 5 W.I.M. The action was commenced in the district court of Stephens county by defendant in error, hereinafter refe...
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Plaintiffs filed suit alleging ownership and possession of oil and gas leases covering certain described property, subject to an overriding royalty interest of H.H.&B. Drilling Company; that they had spent large sums developing the property for oil and gas, had secured producing wells thereon, and were in the process of further development. Further, that on July 24, 1947, and on October 21, 1947, ...
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The record discloses that this case was tried in the district court of Pontotoc county, Oklahoma, and the order overruling motion for *264 new trial was entered January 16, 1948. The petition in error with case-made attached was filed in this court July 21, 1948. It becomes manifest that this court has no jurisdiction to hear and determine this case on appeal for the obvious r...
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This action was brought by A. W. Palmer and Boyd *317 Hisaw, as plaintiffs, to enjoin the town of Skiatook and its board of trustees from issuing and disposing of bonds in the amount of $49,600 for the purpose of acquiring or constructing an electric distribution system. The Public Service Company of Oklahoma, which was then serving the town with electricity, without a franchise, i...
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203 Okla. 35 (1950) 220 P.2d 279 CITIES SERVICE GAS CO. v. PEERLESS OIL & GAS CO. et al. PHILLIPS PETROLEUM CO. v. STATE et al. Nos. 32994, 33006. Supreme Court of Oklahoma. January 17, 1950. Rehearing Denied March 21, 1950. *36 Glenn W. Clark, R.E. Cullison, and Joe Rolston, Jr., all of Oklahoma City, for plaintiff in error Cities Service Gas Company. Don Emery, Rayburn L. Foster, R.B.F. Hum...
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This is an appeal from a conviction sustained in tbe county court of Tillman county for the illegal possession of intoxicating liquor. Defendant admitted the ownership and possession of 16 half pints of tax-paid whisky, but testified in her own defense that she had purchased the liquor for her own use; that she had never been arrested nor charged with any offense in her life and that she did no...
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The defendant, Bert Swift, was charged in the court of common pleas of Tulsa county, with the crime of driving an automobile while under the influence of intoxicating liquor. A jury was waived, and the defendant was by the court found guilty and sentenced to serve a term of five days in the county jail, and to pay a fine of $75. The offense was alleged to have been committed in Tulsa county, Ok...
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This appeal is the outgrowth of a long series of proceedings in which it has been sought to permanently enjoin the operation of a fat-rendering plant as a public nuisance. In 1945, Emory Stubblefield and his wife, Margaret Stubblefield, purchased forty-one acres of property near the city of Walla Walla. The total purchase price was $14,250. Soon afterwards Stubblefield, who will be referre...
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36 Wn.2d 729 (1950) 220 P.2d 314 A.T. BATEMAN, as Administrator, Appellant, v. HUBERT URSICH et al., Respondents. SAMUEL B. MORTON, Appellant, v. HUBERT URSICH et al., Respondents.[1] No. 31198. The Supreme Court of Washington, En Banc.. July 5, 1950. Brethorst, Holman, Fowler & Dewar, for appellants. Hereford T. Fitch and Metzler & McCormick, for respondents. DONWORTH, J. These two cases...
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Respondents, as plaintiffs, brought this action against both the city of Seattle and Kang county to recover damages to real property caused by the invasion of surface waters. At the conclusion of the plaintiffs’ evidence, the trial court, sitting without a jury, sustained a challenge to the sufficiency of the evidence interposed by the county and dismissed the case as to that defendant. The tri...
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36 Wn.2d 752 (1950) 220 P.2d 324 GERTRUDE F. BLOOMER, Individually and as Administratrix, Appellant, v. SOUTHWEST WASHINGTON PRODUCTION CREDIT ASSOCIATION et al., Respondents.[1] No. 31320. The Supreme Court of Washington, Department Two. July 6, 1950. Fred M. Bond, for appellant. Skeel, McKelvy, Henke, Evenson & Uhlmann and James A. Stinson, for respondents. HILL, J. We have here an attack o...
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We have here an attack on the jurisdiction of the superior court of the state of Washington for Pacific county to enter a decree of foreclosure covering certain Pacific county property. The facts are not in dispute. On July 25,1938, T. C. Bloomer and Gertrude F. Bloomer, his wife, sold and conveyed to A. G. Fender and his wife, the property involved in this litigation, being cranberry lands in Pac...
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This is an appeal from a judgment dismissing an action for the return of money paid as consideration for an option to purchase a mill after a verdict of the jury for the defendant. In the early part of 1948, Roy C. Himes and John Shugarts approached the officers of the Enitai Lumber Company with regard to the purchase' of its mill. After some preliminary negotiations they met at the mill office...
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This is an action for damages for the alleged breach of an oral contract. Appellant Lois Compton is the only daughter of respondent, Charles B. Gasch. In 1946, she and her husband purchased certain real property, taking title to it in their name. Mr. Gasch contributed two thousand dollars as a down payment on this property, consideration for the payment being the promise of his daughter and her hu...
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The principal question here presented is whether the evidence was sufficient to sustain the conviction of H. B. Gillingham and his three sons, Charles, Byron and John, on two counts of grand larceny, i. e., neat cattle stealing. Following is a summary of the evidence which must' have been believed by the jury. Lawrence Crofoot turned 74 head of neat cattle out to pasture in the spring of 1948. The...
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Plaintiff instituted this action for the purpose of rescinding and setting aside the sale to himself by defendant of real property, 14 Holstein cows, 9 Holstein heifers, and certain farming equipment. The cause tried to the court resulted in the entry of a judgment in favor of plaintiff. The defendant then appealed to this court and in so doing assigned as error: (1) The court’s finding that the e...
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This action was instituted by plaintiffs to recover from defendants Yern Bush and William L. Hein, copartners doing business as Bush & Hein, certain specified amounts due them for trucking and hauling timber and to foreclose loggers’ liens for such amounts upon all bucked and felled timber located on certain real property of defendants A. P. Maris and Willamaud G. Maris, his wife. The defendant...
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On the evening of March 20,1949, defendant Kelley entered the police station at Pasco, Washington, to report a shooting. He was placed under arrest, shortly thereafter, as a material witness. In the process of booking Kelley, the booking clerk took Kelley toward the back of the room, stopping briefly to pick up some keys, and noticed that Kelley was leaning into the washroom. He was ordered out of...
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delivered the opinion of the court. Henry M. Franzen brought an action against Madaline Zimmerman to recover judgment for damages for personal injuries allegedly sustained by him as a result of being struck by an automobile driven by her. Trial was had to a jury, resulting in a verdict and judgment in favor of plaintiff for $10,000, 'to reverse which defendant has sued out a writ of error. In...
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delivered the opinion of the court. Paul E. Walton died intestate in the state of New Mexico leaving assets in both New Mexico and Colorado. At the time of death, decedent’s domicile was in the *61 State of New Mexico. Letters of administration were issued to defendant in error Colclazier in New Mexico, and to plaintiff in error Hilliard in Colorado in ancillary-proceedings. The only claim fi...
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delivered the opinion of the court. We will herein refer to the parties as they appeared *568 in the trial court, where defendant in error was plaintiff and plaintiffs in error were defendants. The suit was instituted for the purpose of procuring the cancellation of conveyances made by Burk to defendant Mike Petramala, and Frances Petramala, of a ranch consisting of 2,160...
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delivered the opinion of the court. ..Plaintiff in error, as plaintiff in the trial court, brought this action in replevin against defendants in error, Fleenor’s, Inc., and Otis O. Fleenor, to recover possession of one 1946 automobile said to be unlawfully-detained from plaintiff. The action was dismissed as to *95 Fleenor’s, Inc., and Otis O. Fleenor. From an adverse judgment, plaintiff brin...
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delivered the opinion of the court. Plaintiff in error, which was plaintiff in the trial, court, sought an injunction restraining defendant from detaching a portion of its territory and annexing it to the contiguous Cherry Hills School District No. 36. A temporary restraining order and order to show cause was issued ex parte, subsequent to which, defendant filed her answer. After a trial, in which...
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delivered the opinion of the court. We refer to the parties as they appeared in the trial court, where plaintiff in error was plaintiff and defendants in.error were defendants. The action was instituted in the district court of Adams county by plaintiff as conservator of the estate of Amanda Gurts. The complaint alleges, in substance, that on the 12th day of February, 1947, Amanda Gurts was t...
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delivered the opinion of the court. Upon review of an award of the Industrial Commission, the district court ordered that the award be set aside and the claim dismissed. Claimants now ask reversal of that judgment. *111 There are no disputed facts. The law question is, “Was deceased an employee of Lakewood Country Club, a defendant in error?” The Lakewood' Country Club is a nonprofit orga...
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delivered the opinion of the court. Shortly after seven o’clock on the evening of December 21, 1948, several police officers, who were the principal witnesses for the city as to the conduct of the defendants resulting in their arrest, went to the residence of the Governor of the State of Colorado in response to information that a group of people expected to demonstrate before the Governor’s hou...
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Judgment affirmed en banc without written opinion, Mr. Justice Holland not participating....
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Judgment affirmed en banc without written opinion, Mr. Justice Holland not participating....
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Judgment affirmed en banc without written opinion....
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The appeal involves the right to the custody of appellant’s son, Fletcher Tarkington Cook,. Jr., now of the age of 15% years. Appellant proceeds on the theory that as father of the child, in the absence of a showing of unfitness, he has the superior right to its custody. The parents first met while attending the University of New Mexico. It was a college romance, culminating in marriage in 1932...
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An information was filed in District Court October 11, 1949, reciting: that a criminal complaint was filed in the Probate Court of Latah County October 10 charging appellants with the crime of grand larceny by the theft of one sheep October 8; a preliminary examination there waived on the evening of the 10th; and appellants bound over for trial. Arraignment was had in the District Court on Octo...
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At the initial appearance of this case in this Court, Keane v. Allen et al., 69 Idaho 53, 202 P.2d 411, 417, it was remanded for the trial court to determine, among other things, whether respondent had filed his crucial motion within a reasonable time. That decision became the law of the case, clearly holding timely action was an indispensable condition precedent to setting aside the judgment. We ...
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This case is an action in damages against the respondents for malpractice. Respond *448 ents are four physicians and surgeons. At the time involved, respondents, Staley and McCaffery, were co-partners, employing respondents, Halliday and Lee. The cause was tried to the court sitting without a jury and resulted in judgment for respondents. From such judgment, appellant has appealed to this court...
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220 P.2d 386 (1950) STATE v. POYNTER. No. 7582. Supreme Court of Idaho. May 18, 1950. Rehearing Denied July 10, 1950. *388 Robert E. Smylie, Atty. Gen., and J. R. Smead, Asst. Atty. Gen., for respondent. Walter H. Anderson, Pocatello, for appellant. KEETON, Justice. Defendant Poynter (appellant here) was charged in police court with the crime of driving an automobile on the streets of Pocatello w...
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In this review proceeding petitioner seeks to have set aside portions of an order of the Public Utilities Commission relating to highway common carrier certificates sought by petitioner and by 13 other applicants before the commission, and also asks this court to order the commission “to make findings on the issues of public convenience and necessity on” petitioner’s application for a certificate ...
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This is an appeal from a judgment of nonsuit in a jury trial. It was alleged in the complaint “for fraud and negligent representations” that defendants Edgar Blaekshaw and Vic Lichtig, as agents for defendant Big Bear Land and Water Company, showed to plaintiff a parcel of land and stated that it was described as Lots 2 and 3 of Block 164; that plaintiff, relying upon such representation, signe...
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Respondent, Department of Social Welfare, recovered judgment against the estate of Edwin C. Coram, deceased, for $2,641. This amount had been paid to Coram between July 1,1942 and April 30,1947, as an old age pension. Coram died at the age of 81 years in October, 1947. He had lived alone for many years at Moss Landing and in April, 1947, he was found unconscious on the highway and taken to...
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98 Cal.App.2d 380 (1950) Estate of WILTON M. MORRISON, Deceased. RUTH ROGERS et al., Appellants, v. SECURITY TRUST AND SAVINGS BANK OF SAN DIEGO (a Corporation), as Executor, etc., Respondent. Civ. No. 3990. California Court of Appeals. Fourth Dist. July 10, 1950. H. G. Sloane for Appellants. Renwick Thompson for Respondent. MUSSELL, J. Appeal from an order denying admission to probate of ...
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Appeal from an order denying admission to probate of an holographic codicil. Appellants Euth Eogers, Marjorie W. Phipps, Gladys Morrison, Lloyd Hanck and Mrs. J. Breckenridge are legatees and devisees named in a codicil to the will of Wilton M. Morrison and appeal from the order of the trial court denying its admission to probate. From the settled statement, in lieu of a reporter’s transcript and ...
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Plaintiff appeals from a judgment of dismissal entered upon an order sustaining a demurrer to his fourth amended complaint without leave to amend. There were 14 alleged causes of action in said complaint. Defendant demurred generally and specially. One of the *407 grounds of demurrer was that the alleged causes of action were barred by the “one-year period of limitation” of the usury law. The...
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From a judgment predicated upon the sustaining of a demurrer to plaintiff’s complaint without leave to amend in an action for declaratory relief, plaintiff appeals. Facts: The substance of plaintiff’s complaint is that “(a) Said defendants . . . have bribed the Los Angeles City Police Force with meals at half the regular price charged to other Citizens, which practice of buying Justice from Police...
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S. Laz Lansburgh, as assignee of and substituted for the original plaintiff Timothy S. Sheehan, appeals from a judgment denying his recovery of an amount of $20,000 paid by said Sheehan to Market Street Railway Co. on the purchase price of $400,000 for certain real property at Market and Valencia Streets in San Francisco. The agreement to sell, consisting of a uniform deposit receipt for $...
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Appeal by defendant Jack Roth and plaintiff in intervention Protex-A-Kar Company, a corporation, from a judgment against them in favor of plaintiff James S. Angus and plaintiff in intervention Kenneth E. Page for $7,944.59 in an action for damages for breach of a written contract to manufacture pressure sprayers. It is conceded that the evidence supports a judgment for respondents. The only questi...
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Respondents move to dismiss the within consolidated appeals. The record reflects that on May 5, 1949, notice of appeal to the Supreme Court from the judgment was filed. Notice to the clerk to prepare clerk’s transcript and notice of election to file a settled statement in lieu of reporter’s transcript was filed May 13, 1949. On May 26, 1949, notice of appeal to the Supreme Court from the minute or...
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J.—Defendant appeals from a judgment entered on the verdict of a jury. The jury returned a verdict of $27,500 which was reduced by plaintiff’s consent to $22,500 pursuant to an order denying a motion for new trial conditioned on such consent. Plaintiff, an employee of the Union Oil Company, was injured by the door of a boxcar falling upon him while he and a fellow employee were attempting to cl...
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Plaintiff sued in damages for the conversion of the furniture and furnishings in a hotel located at 403 First Street, in San Francisco. The cause was tried *414to a jury and a verdict of $5,000 returned for general damages. Punitive damages were denied. There is no material controversy as to the facts upon which the judgment rests; the chief attack by the appellants is that there is no evidence at...
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The defendant appeals from the judgment that followed his conviction on a charge of having failed to yield the right of way to a pedestrian who was lawfully in the crosswalk at which the defendant had been halted by a traffic signal saying “Stop.” As debated by the parties to this action, the important question before us, and to which they desire us to give an explicit answer, is this: Must a driv...
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By this proceeding this court is asked to review the record of certain proceedings by the Board of Governors of the Registered Dentists of Oklahoma which resulted in the suspension of the license of defendant to practice dentistry (59 O. S. 1941 §279). On July 1, 1948, there was filed before the Board of Governors a complaint charging Dr. C. E. Rifleman with infractions of certain provisions of...
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This is an action in mandamus to require the city clerk of the city of Britton to submit by referendum Ordinance No. 75-C of said city to a vote of the people. The pertinent and undisputed facts are: The city council of Oklahoma City adopted a resolution requesting the consolidation of the cities of Britton and Oklahoma City setting forth therein the conditions upon which the invitation was based;...
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This is an appeal from the judgment of the district court of Latimer county sustaining an order of the board of county commissioners of said county creating or establishing a stock district in said county, pursuant to an election held under the provisions of 4 O. S. 1941 §§101 to 111, inclusive. This proceeding arose as follows: A petition was circulated, signed and presented to the board of count...
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The plaintiff in error here was defendant, and the defendant in error was plaintiff in the trial court. They will hereafter be referred to as they there appeared. Plaintiff filed suit for divorce in the district court of Cleveland county, Oklahoma, on March 26, 1847, and was represented in said cause by Justin Hinshaw and Joe A. Smalley, attorneys at law, Norman, Oklahoma. Upon trial of the cau...
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For his first cause of action plaintiff alleged that prior to May 17, 1946, he was the owner of and in possession of a restaurant in Tulsa and on said date entered into, a written contract with the defendant H. M. McDaniel whereby said defendant, acting as his agent, agreed to sell said restaurant; that under the terms of the written contract of employment McDaniel was to receive 5 per cent of the...
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203 Okla. 298 (1950) 220 P.2d 454 In re REFERENDUM PETITION NO. 1, ORDINANCE 6-B, CITY OF SAND SPRINGS. No. 32828. Supreme Court of Oklahoma. July 11, 1950. Marvin T. Johnson and Pinkerton & Wills, all of Tulsa, for proponents. Coffey & Coffey, of Tulsa, for protestants. O'NEAL, J. This is an appeal from a decision of the city clerk of the city of Sand Springs, Oklahoma, holding and decla...
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The trial court rendered a judgment quieting title on the 13th day of December, 1949. On the 15th day of December, 1949, the defendants filed a motion for new trial which was overruled on the 18th day of January, 1950, and at that time the defendants gave notice of intention to appeal. A motion to dismiss has been filed for the reason that no notice of intention to appeal was given on the ...
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The plaintiff in error, Thomas Woods, who will hereinafter be referred to as defendant, was charged in information in the district court of Pittsburg county with the crime of murder, was tried before a jury, convicted, and his punishment fixed at life imprisonment in the State Penitentiary, and judgment and sen *54 tence in accordance was duly entered. Appeal has been perfected to this court. ...
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The defendant, Melvin Johnson, was convicted in the district court of Jackson county for the illegal transportation of whisky, a fourth offense, and has appealed. It is contended that the trial court erred in overruling the motion to suppress the evidence presented by the defendant. There is very little dispute in the testimony of the defendant and the two highway patrolmen as to the facts su...
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The plaintiff in error, Lawrence Burns, defendant below, was charged by information with the unlawful possession of intoxicating liquor in the county court of Choctaw county, Olda., tried by a jury and found guilty, his punishment fixed at a $100 fine and 30 days in jail, judgment and sentence was entered accordingly from which this appeal has been perfected. *26 As grounds for reversal herei...
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70 Ariz. 339 (1950) 220 P.2d 477 PACIFIC GREYHOUND LINES v. BROOKS et al. No. 5380. Supreme Court of Arizona. July 10, 1950. *340 Jennings, Strouss, Salmon & Trask, of Phoenix, and J.A. Riggins, Jr., of Phoenix, for petitioner. Fred O. Wilson, Atty. Gen., Calvin H. Udall, Asst. Atty. Gen., for Corporation Commission. Langmade & Sullivan, of Phoenix, for Sun Valley Bus Lines, Inc., an inte...
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The petitioner, Metropolitan Lines, Inc., a corporation instituted this original proceeding in certiorari against the Arizona Corporation Commission, and the individual members thereof, for the purpose of testing the legality of an order, entered by the commission upon its own motion on June 6, 1950, directing Sun Valley Bus Lines, Inc. (hereinafter termed Sun Valley), to commence rendering local...
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On December 23, 1949, the Montana liquor control board directed a letter to all Montana licensed brewers and beer wholesalers containing the following paragraph: “The board directs that from and after April 1, 1950, there will be no further advertising of beer by electric or illuminated sign, contrivance or device or on any hoarding signboard, billboard or other like place in public view. The date...
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Writ denied....
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We will refer to the parties as they appeared in the trial court. On February 25, 1947, the parties entered into a written contract whereby the plaintiffs agreed to purchase a tract of land from the defendant for $2500.00, of which $800.00 was immediately paid and the plaintiffs went into possession of the property. The balance was to be paid in monthly installments of $50.00, plus accrued...
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Each of the plaintiffs in this case is the owner and operator of fishing appliances of the type commonly called “fixed gear”, for the taking of salmon from the Columbia River, specifically, pound nets or fish traps. In this opinion, we shall refer to these persons either as “plaintiffs” or as “fixed-gear fishermen”. They brought this action praying for a declaratory judgment declaring Chapter 3, O...
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In this case plaintiffs sought a declaratory judgment that chapter 3, Oregon Laws 1949, is unconstitutional and void, and an injunction against the public *511authorities to prevent them from enforcing such act. Plaintiffs are drag seine fishermen, pursuing their calling upon the Columbia Eiver in Oregon. We shall refer to them either as “plaintiffs” or as “the seiners”. Defendants are the members...
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DISSENTING. The majority opinion in this case would perhaps be correct if the matter turned solely on the interpretation of Ch. 132, Or. Laws, 1945, which amends § 1 of Ch. 441, Or. Laws, 1933, relating to the power of the Commissioner to regulate, restrict and control budgets of expenditures of public utilities, but it seems to me that § 2 of Ch. 441, Or. Laws, 1933, which is § 112-482, *397O. C....
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The opinion of the court was delivered by This was a divorce action. The appeal is from an order of the court sustaining plaintiff’s demurrer to defendant’s petition to set aside a decree of divorce, previously rendered, upon the ground that it had been obtained by fraud. The petition was filed under the applicable provisions of G. S. 1935, 60-3007 to 60-3011. The trial court sustained th...
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This action was instituted to recover for personal injuries sustained by the plaintiff and for damage to plaintiff’s car, resulting from a collision of that car with one owned and operated by the defendant. The matter proceeded to trial, and at its conclusion the jury rendered a verdict for plaintiff. Judgment was accordingly entered after the denial of defendant’s motion for judgment notwithstan...
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delivered the opinion of the court. Raymond Percifield brought an action against Joe Rosa and Eva Rosa, and C. L. Taggert, public trustee of Rio Blanco county, for the purpose of obtaining a judicial construction of a certain deed and determining the amount of set-off allegedly due him by reason of a failure of consideration and for an injunction to prevent foreclosure. Trial was had to th...
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Mr. Justice Stone did not participate in the consideration of this cause. Mr. Justice Jackson, Mr. Justice Hays and Mr. Justice Alter are of the opinion that the judgment should be affirmed, whereas, Mr. Chief Justice Hilliard, Mr. Justice Moore and Mr. Justice Holland think that it should be reversed. The judgment, therefore, must be affirmed by operation of law because of an evenly divided court...
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delivered the opinion of the court. A proceeding under the Workmen’s Compensation Act in which claimant enjoyed favorable finding and award at the hands of the Industrial Commission. In an appropriate proceeding instituted in the district court, it was ordered, adjudged and decreed that the award of the commission be, and the same was, “affirmed and sustained.” The sole question involved on error,...
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On June 10, 1949, petitioner commenced an action in the respondent court against Mary E. Dillon to recover money due him in the amount of $2,501. On October 1, 1949, an amendment to section 89 of the Code of Civil Procedure became effective whereby the jurisdiction of the municipal court was increased to include actions involving $3,000. When said cause came on for trial on April 3, 1950, the tria...
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This is an appeal from an order settling objections to final account of administrator and decree of distribution. There are also purported appeals from (1) the “order denying motion to set aside and vacate order settling objections to final account of administrator and decree of distribution” and (2) the order denying motion for a new trial, which orders are nonappealable. Decedent at the time ...
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From judgments of dismissal entered after plaintiffs failed to amend their complaint within the time allowed upon the sustaining of demurrers to the complaint, plaintiffs appeal. The complaint in three counts sought an injunction, an accounting and damages for an alleged conspiracy and wrongful use of plaintiffs’ secret lists and processes. Facts: It was alleged in the complaint tha...
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In this action to quiet title and to remove a cloud from the title to Lot 40, Tract 12068, in the county *596of Los Angeles, judgment was for plaintiff and defendant appeals. The complaint contained a conventional cause of action to quiet title. The second cause of action alleged that plaintiff was formerly married to defendant and divorced from him; prior to the divorce they were purchasing the r...
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In this case judgment was entered November 18, 1949; notice of appeal was filed December 21, 1949; notice to clerk for preparation of clerk’s and reporter’s transcripts was filed January 12, 1950. Payment for clerk’s transcript was received April 7, 1950; clerk’s transcript on appeal was filed March 31, 1950. June 7, 1950, motion to dismiss appeal was filed. On that date no reporter’s transcript h...
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Prom an order refusing to grant defendant’s application for modification of an order providing for the payment of alimony, defendant appeals. There is no appearance on behalf of respondent. Facts: Pursuant to stipulation of the parties, on January 26, 1949, the trial court ordered defendant to pay plaintiff $125 per month for the support of his two minor children. On such date defendant’s mon...
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The defendant was charged with grand theft of a diamond ring, in each of two counts, and in three other counts with second degree burglary. His motion for a directed verdict having been denied he rested without presenting evidence or taking the stand. A jury found him guilty on all *486 five counts. An application for probation and a motion for a new trial were denied. He was sentenced on all f...
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Plaintiff sued for divorce charging extreme cruelty. Defendant answered and filed a cross-complaint charging extreme cruelty. The trial court awarded an interlocutory decree to plaintiff and gave to her a part of the community property, and counsel fees, but no alimony. Plaintiff’s appeal rests wholly on the ground that the failure to award her more than half of the community property and alimony...
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Plaintiff appeals from the judgment for defendant in a personal injury action tried without a jury. The accident occurred on December 21, 1943, when plaintiff Delfina Bobbio fell down the stairs upon leaving the apartment of a friend whom she had been visiting. The apartment house located at 3030 Larkin Street, San Francisco, was owned by Stefano Bertone, defendant herein. The complaint alleged de...
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98 Cal.App.2d 393 (1950) Estate of ALICE M. PARKER, Deceased. KATHERINE DUDLEY STEWART et al., Appellants, v. THE SAN DIEGO TRUST AND SAVINGS BANK, as Executor, etc., et al., Respondents. Civ. No. 3983. California Court of Appeals. Fourth Dist. July 11, 1950. Wm. D. Morrison for Appellants. Whelan & Whelan, Vincent Whelan, George H. Stone and Glen H. Munkelt for Respondents. MUSSELL, J....
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The last will and testament of Alice M. Parker, deceased, was admitted to probate in the county of San Diego on August 13, 1948. The decedent, by this instrument and three codicils thereto, disposed of her own estate and of a trust estate created by the last will of Myron T. Gilmore, over which Alice M. Parker had power of appointment and of testamentary disposition. In the Parker estate, a United...
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In this action Eva M. Robbins was awarded judgment against James H. Holther and Helen M. Holther for $5,000, with interest at the rate of 7 per cent per annum from July 30, 1947. The Holthers appeal. In the first cause of action plaintiff set out a promissory note of defendants for $5,000, dated July 30, 1947, payable to plaintiff in 25 equal monthly installments of $200, commencing on Septembe...
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Appellant appeals from an order of the superior court denying his motion to file a notice of appeal nunc pro tunc. The time for filing notice of appeal from the judgment of conviction in his case was admittedly long past when the motion was made. Appellant made a showing that after his conviction and before time for filing notice of appeal had expired he was stricken with an illness which tot...
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Action for injunction to enjoin trespass on real property. Plaintiffs and defendants own adjacent lots in Block 61 in the city of San Bernardino. Both lots front on “D” Street (a north and south street) in said city and extend westerly therefrom. Plaintiffs’ lot is 250 feet in depth and that of the defendants 300 feet. The center line of the block running west from D Street is the boundary line...
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This action involves the construction of the following agreement: “September 24, 1945 ‘ ‘ Robert A. Wallace, ■ Los Angeles, California. Dear Sir: “Heretofore, .when I purchased certain property at Santa Maria, California, there was included in the sale certain residium which was and is now located, in the earthen pits on the property. My agreement with you, which was made by my *474agent, D. P. Ne...
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Defendant was convicted of the crime denounced by section 288a Penal Code committed'upon the per *515 son of one M. Defendant appeals from the order of the court denying his motion for new trial. While many points are urged on the appeal we confine our consideration to only one of them which in our judgment is controlling. M was a sailor under treatment at a Naval Hospital for a broken leg. H...
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Plaintiff, as assignee, commenced the within action in the county of San Diego to recover sums alleged to be due from the defendant under a contract. The contract contains no recital as to the place where it was executed and contains no statement as to the place where the payments under it were to be made. The defendant is a resident of Orange County and was served with process therein. He filed a...
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Plaintiff appeals from an adverse judgment entered upon the verdict of a jury. An appeal from an order of nonsuit in favor of defendant Frankie Dale Jaynes has been abandoned. This appeal concerns only the first cause of action of plaintiff’s complaint, wherein it was alleged that plaintiff, a 69-year-old woman inexperienced in business affairs, was induced by defendant, the brother of her deceas...
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Alleging extreme cruelty by her husband, respondent prayed for divorce and for all the community property. Also, she alleged that she owns in her separate right a certain “chicken shack” which she had operated long prior to her marriage. In his answer and his cross-action appellant denies the cruelty and asserts ownership of an undivided half interest in the shack which he acquired by conveyance ...
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Petitioner was a permanent employee in the classified Civil Service of San Mateo County assigned to the Department of Public Health. He was discharged pursuant to an accusation duly filed and heard by the county civil service commission charging him with misappropriation of county property. On September 16, 1947, he filed two separate actions in the superior court to review the proceedings before...
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Petitioners sued in mandamus to review the order of the Fire Pension Board denying them a pension claimed for the death of their husband and father. The proceedings in the superior court were had on a transcript of the evidence taken by the pension board and of that taken before the Industrial Accident Commission in a separate proceeding which was compromised and settled. No new evidence was offe...
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Mr. McCabe died on February 6, 1928. Under the terms of his will and a decree of distribution entered on April 5, 1929, Mrs. McCabe received some $330,000 and also received $50,000 in trust for their daughter Virginia, the trust to terminate when she reached the age of 21 years. Admittedly, Mrs. McCabe mingled these trust funds with her own, kept no record or account, and could produce no receipt...
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Appeal from a judgment of nonsuit. In the complaint it was alleged that the defendant owned and operated a business known as Edward Hyman Company, and in said business he manufactured clothing and engaged in the purchase and sale of real and personal property; on January 2, 1942, plaintiff and defendant entered into a written agreement whereby defendant agreed to pay to plaintiff in consideration ...
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98 Cal. App. 2d 488 (1950) MERLE H. CLARK et al., Respondents, v. TIDE WATER ASSOCIATED OIL COMPANY (a Corporation), Appellant. Civ. No. 17518. California Court of Appeals. Second Dist., Div. One. July 17, 1950. W. F. Kiessig, Edmund D. Buckley, Harrison Guio and Charles O'Gara for Appellant. Robert E. Krause and Allen R. Steele for Respondents. DRAPEAU, J. Plaintiffs own a large combinati...
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220 P.2d 631 (1950) STATE v. BUTNER. No. 3545. Supreme Court of Nevada. July 6, 1950. Griswold & Vargas, of Reno, John R. Ross, of Carson City, Leslie E. Riggins, of Reno, for appellant. Alan Bible, Attorney General, Homer Mooney, Assistant Attorney General, W. T. Mathews, Special Assistant Attorney General, R. L. McDonald, Deputy Attorney General, Harold O. Taber, District Attorney, John C. ...
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Plaintiff, Louise Bunzen, and August Bun-zen, deceased, were separated in 1915, and a judgment was entered in the superior court for King county on April 17, 1915, awarding plaintiff fifty dollars a month support and maintenance commencing on May 1,1915. Plaintiff returned to Germany, and Bunzen sent monthly payments until the outbreak of World War II. At the time of his death, on January 25,1948,...
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This is an appeal from a judgment obtained against the defendant corporation for losses sustained in gambling games. The plaintiff commenced action against Benevolent and Protective Order of Keglers, a corporation (hereinafter called Keglers), and Orien W. Gross and Theresa Gross, husband and wife. At the close of the plaintiff’s case, a motion was granted to dismiss Gross and wife from th...
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During the month of October, 1948, E. L. Travers sold his farm to Ray Murdock for twelve thousand dollars. Located on the property was a building which Travers had used as a slaughterhouse, and which was equipped for this purpose. This was a replevin action, brought by Travers to recover the slaughterhouse equipment which, he alleged in his complaint, had been unlawfully withheld from him by Murdo...
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36 Wash. 2d 795 (1950) 220 P.2d 670 GORDON SMITH, Appellant, v. CLIFTON BARNES et al., Respondents.[1] No. 31278. The Supreme Court of Washington, Department One. July 18, 1950. Chas. R. Lewis, for appellant. J.W. Graham, for respondents. DONWORTH, J. Gordon Smith, as plaintiff, and Alfred Dale McClanahan and his father, J.P. McClanahan, as co-plaintiffs, commenced separate suits (which were cons...
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220 P.2d 674 (1950) STATE v. STORM. No. 8949. Supreme Court of Montana. June 28, 1950. W. E. Coyle, Butte, Philip O'Donnell, Helena, for appellant. F. F. Haynes, Forsyth, Special Counsel for State of Montana, Arnold H. Olsen, Atty. Gen., Charles V. Huppe, Louis E. Poppler, Assts. Atty. Gen., for respondent. *675 FREEBOURN, Justice. On December 15, 1948, the county attorney of Rosebud county, by i...
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March 19, 1949, Otto W. Mewes and Margaret E. Mewes, husband and wife, recovered judgment against Archie Jacobson for the total sum of $7,500 in the District Court of the First Judicial District of the State of Idaho in and for the County of Shoshone. August 3, 1949, an application was filed in said district court for an order requiring Allied Reciprocal Insurers to appear before the court to a...
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Plaintiffs brought this action to recover damages for the death of their son Gary (then in his ninth year) killed in a collision with a gas truck, driven by defendant Bowman. The truck was owned by, and being operated in the business of, the Covey Gas & Oil Co. The deceased had alighted from a school bus, which had stopped on the far side of the highway opposite his home, and, as he attempted t...
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On August 8, 1947, Charles Newell, a married man, appellant, employed by the Sunshine Mining Company, hereinafter referred to as the Company, sustained a personal injury by accident arising out of and in the course of his employment. He was paid total temporary disability from the date of the injury until November 17, 1947, at which last date he returned to work and worked more or less continuousl...
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220 P.2d 687 (1950) STATE v. WHEELER. No. 7560. Supreme Court of Idaho. July 11, 1950. *689 George C. Huebener, Emmett, for appellant. Robert E. Smylie Atty. Gen., J. R. Smead Asst. Atty. Gen. and A. D. Foster, Pros. Atty., Emmett, for respondent. KEETON, Justice. Appellant was convicted of involuntary manslaughter. The amended information charged: "That the said defendant, Joe J. Wheeler on or a...
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203 Okla. 307 (1950) 220 P.2d 693 TOWN of AMES et al. v. WYBRANT, Dist. Judge, et al. No. 34666. Supreme Court of Oklahoma. July 14, 1950. J. Howard Lindley, of Fairview, and France, Johnson, Gordon & Cook, of Oklahoma City, for petitioners. Robinson, Shipp & Robertson, of Oklahoma City, and McKeever & McKeever, H.L. Gasaway, McKnight & Edwards, all of Enid, for defendants. Ted R....
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The parties were married in 1942 and became divorced in 1944 and shortly thereafter remarried. At the time of the second marriage *328 the plaintiff was gainfully employed. The defendant was not then employed and was in ill health and was receiving disability benefits from an insurance company. Shortly after the remarriage, and due to the defendant’s health, the parties moved to New Mexico. The...
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The City of Clovis appeals from a judgment rendered against it by the District Court of Curry County for personal injuries suffered by plaintiff (appellee) in a fall on a cross-walk or ramp at the southwest corner of Grand Avenue and Mitchell Streets, extending east and west and north and south, respectively, in that city. The sidewalk at the point in question is elevated several feet above the...
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The basic questions are (a) the constitutionality of Chapter 122, Laws of 1947, N.M. Stats., and (b) the validity of a contract between the City of Hobbs and Boettcher & Company, of Denver, Colorado, entered into pursuant to the act. The City of Hobbs, by authority of Sec. 14-3901, N.M.Stats.1941 Comp., is collecting a tax of one cent per gallon upon all gasoline and motor fuel sold within...
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Upon motion for rehearing in the above cause the opinion of the Court heretofore handed down is withdrawn and the following substituted: Appellee (plaintiff), the administrator d. b. n. of the estate of Neil P. Renehan, deceased, filed his complaint against defendants City of Santa Fe, a municipal corporation, Jane L. Renehan, and Vivian Sloan Fiske, in the district court of Santa Fe County, as pr...
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delivered the opinion of the court. Defendant in error, as plaintiff, sued for and recovered judgment on a jury’s verdict, for the sum of $4,220 for the unlawful taking and conversion of an automobile. Defendants specify error. Prior to May 14, 1948, the National Underwriters Finance Corporation, one of the defendants, obtained judgments against George Kelly in the total approximate amount of $6,5...
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delivered the opinion of the court. This is a review of the judgment of the district court reversing an award of the Industrial Commission. The *129only testimony is that of the claimant. Under the Workmen’s Compensation Act, plaintiff in error West filed a claim for compensation against the Antlers Hotel Company of Colorado Springs for injuries sustained while in the course of his employment as a...
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Judgment affirmed en banc without written opinion....
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Judgment affirmed en banc without written opinion....
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70 Ariz. 349 (1950) 220 P.2d 726 In re MONAGHAN'S ESTATE. MONAGHAN v. KENNERDELL. Nos. 5098, 5099. Supreme Court of Arizona. July 15, 1950. *350 H.S. McCluskey, of Phoenix, for appellant. Wallace W. Clark, of Phoenix, for appellee. FARLEY, Superior Judge. This is an appeal from an order of the lower court, the effect of which apportioned *351 and charged to the surviving spouse's interest in the ...
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This is an appeal from an order of the lower court, the effect of which apportioned *351and charged to the surviving spouse’s interest in the community estate one half of-certain administration expenses, attorneys’ fees, and other charges and expenses. The appellant, who is the surviving wife, contends that such order is contrary to the holding of this court in Re Monaghan’s Estate, 65 Ariz. 9, 17...
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Plaintiffs brought this action against D. P. McKelvey to recover a sum of money promised for the demolition and removal of a building which stood on real property purchased by McKelvey from plaintiffs. Further, plaintiffs, as assignees of Mr. and Mrs. Fred L. Hill, sought to recover a sum of money which McKelvey promised to pay to the Hills in return for the latters’ surrender of a lease of the...
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35 Cal.2d 621 (1950) CARMEN MONARCO, Appellant, v. CHRISTIE Lo GRECO et al., as Executors, etc., Respondents. L. A. Nos. 21024, 21025. Supreme Court of California. Aug. 1, 1950. Allen M. Williams for Appellant. Oliver O. Clark and Jack R. Mills for Respondents. TRAYNOR, J. Natale and Carmela Castiglia were married in 1919 in Colorado. Carmela had three children, John, Rosie and Christie, by ...
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Natale and Carmela Castiglia were married in 1919 in Colorado. Carmela had three children, John, Rosie and Christie, by a previous marriage. Rosie was married to Nick Norcia. Natale had one grandchild, plaintiff Carmen Monarco, the son of a deceased daughter by a previous marriage. Natale and Carmela moved to California where they invested their assets, amounting to approximately $4,000, in a half...
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The petition alleges that petitioner is “unlawfully restrained of his liberty ... by virtue of a warrant for extradition . . . pursuant to a demand ... by the Governor of the State of Mississippi.” In substance it is alleged that the conviction in Mississippi was unlawful and in violation of the Fourteenth Amendment in that “petitioner was sentenced by said court by use of a forced confession”;...
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A demurrer was sustained to plaintiff’s fourth amended complaint without leave to amend, and a judgment of dismissal entered. It is appellant’s contention that this complaint which set up three causes of action on the common counts, namely, indebitatus assumpsit, quantum valebat, and for money paid, satisfied the requirements for pleading the common counts; hence, that the demurrer should not h...
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Appeal by plaintiffs, husband and wife, from an order granting defendant’s motion for a new trial in an action for damages for personal injuries and injury to property allegedly caused by the negligence of defendant in operating one of its interurban cars. Defendant denied negligence and affirmatively alleged that plaintiffs were contributively negligent. The trial was by jury; verdict and judgmen...
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This is an action for damages and for injunctive relief. The plaintiff and defendant owned adjoining lands. There was a row of “Athel” trees immediately south of defendant’s south line, growing on a strip over which plaintiff’s predecessor had deeded a right of way for drainage purposes to the Imperial Irrigation District. The drainage ditch ran between this row of trees and the plaintiff’s citru...
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The public administrator appeals from a judgment (1) denying him letters of administration with will annexed and (2) granting letters testamentary to Drury D. Dixon, the son of decedent. Testatrix left a holographic will in words and figures as follows: “120 W. Claude St. Compton, Calif. Jan. 25 1947 I, Mattie Clary, makes this statement concerning the disposition of my...
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This is an appeal by the plaintiffs from a judgment for the defendant in an action tried by the court without a jury upon a complaint for $4,000 had and received to and for the use and benefit of the plaintiffs. Appellants’ theory is that the money was paid under mistake of fact or of law. They make no claim of any error of law occurring at the trial. The only question is whether or not the eviden...
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In an information filed by the District Attorney of Los Angeles County, defendant was accused in counts I and II of the crime of robbery; in counts III and IV of the offense of kidnaping for the purpose of robbery; count V charged a violation of section 288a of the Penal Code; and count VI charged defendant with the crime of rape. It was also alleged that prior to the commission of the offenses ch...
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Industrial Indemnity Company petitions for a writ of review. Interpretation of Labor Code, section 4702, is involved. Deceased employee left surviving him a widow and two minor grandchildren. Industrial Accident Commission gave to the widow and the grandchildren the maximum award under the law. Are the grandchildren dependents within the meaning of the law? The children were the issue of dece...
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Appellant, the widow of decedent George E. Becker, appeals from a judgment following the verdict of a jury denying probate to a will purportedly executed by decedent on September 10, 1947, on the ground of incompetency. George E. Becker for some time prior to his death was suffering from cancer of the jaw which brought about his death on September 17, 1947. He was attended during his last illne...
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Plaintiff appeals from an order discharging an attachment levied against property of both defendants pursuant to a writ in the sum of $26,000 issued at the time the complaint was filed. In the first amended complaint, plaintiff alleges that on or about the first of November, 1948, defendants entered into an *649 oral contract with him, whereby he was to render services as a mo...
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The complaint herein, for unlawful detainer, alleges “That under date of January 15, 1945, by written lease, there was leased to defendants . . . that certain brick building 150' x 100', being 100' front, located on the North side of West Anaheim Street (in Long Beach) sometimes *696numbered 525, 527, or 537, for the term of three years commencing on the 1st day of February, 1948.” It is further a...
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Appellants as vendors sued to enforce performance of a contract for the sale of real property and in the alternative for damages. At the trial appellants waived their right of action to enforce performance and stood upon their demand for damages. The writing, alleged to contain the obligations of respondents, acknowledges receipt of $250 as a deposit on account of the purchase of the property w...
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Defendant purchased a caterpillar tractor from International Machinery Company. The tractor was guaranteed to be 85 per cent efficient, under O.P.A. regulations. But defendant found that the engine would not run. He notified International Machinery Company, and that company asked plaintiffs to see what was wrong. One of plaintiffs’ mechanics attempted to fix the engine in the field, withou...
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Plaintiffs were unsuccessful in that part of their cause of action for work done on a tractor belonging to defendant. (Shepherd et al. v. Perea, ante, p. 518 [220 P.2d 776] this day decided on appeal.) In his answer, defendant admitted $947.74 due plaintiffs for other work done for him by them. Judgment was rendered for that amount in favor of plaintiffs May 2, 1949. On attachment proceedings duri...
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This action involves a claimed easement for road purposes. The plaintiffs own 350 acres of mountainous land and the defendants own 80 acres adjoining it on the west. For many years the defendants have had, and still have, access from their property to the public road over a route other than that here claimed. A quarrel occurred between Mr. McNally and the then owner of plaintiffs' land in 1934. Mc...
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This is an action for partition of a vacant lot. Plaintiffs have appealed from a judgment that they take nothing by their action and adjudging that they have no right, title, interest or estate in or to the property and that they are estopped from claiming or asserting any interest therein adverse to the interest of defendant. On June 9, 1941, title to the property was vested in Alice M. Filbin...
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Appellant sued for damages allegedly suffered from his collision with respondent’s automobile. The jury having returned a verdict against him, he now. asks for a reversal on the ground of erroneous instructions. The testimony adopted by the jury establishes that (1) appellant was walking easterly on Ocean Boulevard about 30 feet east of Roswell Avenue in Long Beach near the white line which sep...
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By this proceeding in mandamus the nine petitioners seek to compel the Sequoia Union High School District to reemploy them, it being contended that they had not been lawfully discharged by the district. Admittedly, all of the petitioners were formerly probationary teachers hired by the district. Admittedly, the board of trustees of the district has the lawful right to refuse to reemploy such teac...
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Plaintiff sued in two common counts based on rejected claims against the estate—one for money advanced for the benefit of deceased, the other for the reasonable value of nursing care, board and lodging. Defendant had judgment on the first cause of action and plaintiff had judgment on the second. Competent evidence was taken showing that plaintiff for a period of 14 months furnished the deceased...
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Review of proceedings of the Industrial Accident Commission. This is a companion case to Pierson v. Industrial Accident Commission, ante, p. 598 [220 P.2d 794], The facts are generally the same as in the Pierson case. In his application for adjustment of claim Whitaker named “Livingston Greenwood” as his employer. By stipulation this and the Pierson case were consolidated for hearing, the evidence...
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Review of proceedings of the Industrial Accident Commission. November 14, 1947, petitioner George D. Pierson, while employed as a mine foreman, sustained injury arising out of and in the course of his employment resulting in total disability. The commission found that at the time of the injury Pierson was employed by Livingston Greenwood who was then insured by Colonial Insurance Company. ...
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This is an application for a writ of supersedeas staying the enforcement of a preliminary injunction. The Imperial Gas Company has been selling liquefied petroleum gas in the Hemet area of Riverside County for 23 years. From 1941 to 1945, E. D. Van Dorsten acted as its agent there. In 1945, Imperial appointed Van Dorsten as its distributor and sold to him certain equipment and a list of customers....
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The complaint charges fraud on the part of defendants in the exchange of real property. Defendants failed to offer evidence as to the value of the respective properties. Upon undisputed evidence and the admissions in the pleadings the court found that in the exchange plaintiffs received acreage property valued at $9,864 and that they parted with a promissory note in the sum of $10,500, equity in ...
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Appeal from a judgment of dismissal made pursuant to an order sustaining a demurrer without leave to amend. The complaint alleges substantially as follows: Appellant operates a chain of retail grocery markets in Los Angeles County. Those located in Pasadena and Alhambra are within the area of bargaining activity of respondent union. Appellant contracted with respondent to fix the wages, hours, and...
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On June 6, 1949, orders were filed by the superior court removing George Hewlett as administrator in each of the estates of Fred Frank Kromrey, August Kromrey and Agnes Kromrey, and granting letters of administration to Amanda M. McDonald. Hewitt has appealed from such orders, and the three appeals have been consolidated. Before discussing the legal questions involved, we shall summarize briefl...
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Plaintiff appeals from an adverse judgment entered after sustaining demurrers to its complaint without leave to amend. The property involved, 10 vacant and unimproved lots in the city and county of San Francisco, was deeded by the tax collector to the State of California in 1935 for delinquent and unpaid city and county taxes levied and assessed in 1929. Plaintiff alleged that it is the owner, ...
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Section 4502 of the Penal Code makes it a felony for any prisoner committed to a state prison to possess, carry upon his person, or have under his custody, among other things, . . any dirk or dagger or sharp instrument ...” Harris was charged with and convicted of a violation of this section in that on March 6, 1949, while an inmate of San Quentin, he unlawfully possessed “a sharp instrument, to-...
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This action was brought on September 14, 1946, to recover a balance due on an oral building contract, and to foreclose a lien on defendants’ property. A cause of action on quantum meruit was included by amendment. The record shows the following proceedings: A demurrer • was filed on October 11, 1946, and an amended complaint December 22, 1947. . A demurrer filed on January 2, 1948, was amended ...
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The plaintiffs, Elsie C. and William O. Mahnkey, husband and wife, filed an action against Phillip Bolger to recover damages for personal injuries to *629 Mr. Mahnkey and damages to the automobile of Mrs. Mahnkey resulting from a collision with the automobile of defendant Bolger. The latter denied any negligence on his part, set up the defense of contributory negligence on plaintif...
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The parties here occupy the same relative positions as in the trial court, and hereafter they will be referred to as plaintiff and defendants, respectively. This action was filed on August 31, 1948, by E. E. James to cancel certain muniments of title or conveyances. To the petition as amended, the defendants interposed demurrers, which were sustained. The plaintiff refused to plead further...
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The petitioner, Billy Jackson, filed in this court his petition for a writ of habeas corpus, alleging that he was unlawfully restrained of his liberty by Lee Johnson, sheriff of Creek county, Oklahoma. Pie alleges that such restraint was by reason of his being charged with the crime of first degree rape in said *100county, by complaint in the justice of the peace court of James A. Watson, justice ...
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The defendant below, Troy Williams, was charged, tried and convicted by a jury in the superior court of Okmulgee county, Oklahoma, of the crime of first degree manslaughter. In the information it was alleged in substance' that on the night of December 26, 1947, defendant, at a point approximately two miles north of Beggs, Oklahoma, while under the influence of intoxicating liquor and driving a ...
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The petitioner, Jake Hinley, has filed bis petition for a writ of habeas corpus seeking his release from the State Penitentiary at McAlester, Oklahoma, where he is serving a term of life imprisonment by reason of a judgment and sentence in the district court of Jefferson county, Oklahoma. The judgment and sentence was entered on November 22, 1938, and no appeal was taken therefrom. On three prior ...
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The defendant, Cecil Antrim, was charged by an information filed in the county court *93of Tillman county with the nnlawfnl operation of a slot machine, was tried and pursuant to the verdict of the jury was sentenced to pay the minimum fine of $50, and has appealed. It is first argued that the evidence was insufficient to sustain the conviction. Mr. Morey, a deputy sheriff, testified that he knew ...
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The appellant, Thad M. Moore, who meets the constitutional qualifications to hold the office of Governor of this state, filed his action in the superior court asking for a declaratory judgment. The appellant is at the present time a duly elected, qualified and acting member of the Arizona State Tax Commission. His term of office does not expire until the month of January, ¿953. Appellee, Wesley...
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The present appeal is from a final judgment in mandamus ordering the appellants as the Board of Trustees of the Arizona Teachers’ Retirement System to enroll the appellees in said system and permit them to secure such benefits as they may be entitled to under the Teachers’ Retirement Act of 1943, Laws 1943, Ch. 61, sections 54-1701 et seq., A.C.A.1939, Cum.Pocket Supp. The proceeding was initiated...
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The sole question presented by this appeal is whether the trial court erred in directing verdicts for the defendants and in entering judgment against plaintiff in accordance with the verdicts. Appellant-plaintiff, Grace M. Gallaway, brought this action to recover the sum of $6250 against defendants-appellees, Thelma Sweat, a real estate broker, her husband Otto Sweat, the National Surety C...
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delivered the opinion of the court. This is an action to condemn real estate under the eminent domain statutes. It is admitted that the petitioner has the power and authority to exercise the right *137 of eminent domain, but denied that the right is here properly invoked or legally exercised. Plaintiff in error, as petitioner, filed its petition in condemnation and contends that the action ...
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delivered the opinion of the court. One Fred Harris owned lots 25, 26, 27, 28, 29 and 30 in block 42, Pleasant View Second Addition, Jefferson county, Colorado. A well was located on lot 27. On August 22, 1947, Harris contracted to sell lots 28, 29 and 30 to defendants in error, who were plaintiffs in the trial court and to whom we hereafter refer as plaintiffs. The agreement was in the form ...
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220 P.2d 867 (1950) 122 Colo. 101 CASS v. COLORADO BEVERAGE CO. No. 16464. Supreme Court of Colorado, en Banc. June 19, 1950. *868 J. Glenn Donaldson, Charles H. Haines, Denver, for plaintiff in error. David Rosner, Walter F. Scherer, Denver, for defendant in error. HAYS, Justice. This controversy concerns the assessment for ad valorem taxes of a stock of merchandise consisting of distilled spiri...
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delivered the opinion of the court. September 27, 1943, the state board of health issued a “temporary provisional license” to plaintiff in error to *149 operate a chiropractic sanitarium. November 19, 1946, upon notice and after hearing, said board ordered and adjudged that the license so issued be revoked. January 9, 1947, action in the nature of certiorari was instituted by plaintiff in err...
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delivered the opinion of the court. This litigation involves the interpretation of the statutes relating to the remuneration of a county judge of a county of the fourth class when he also acts as clerk of the court. It arose when the County Commissioners sought an accounting from the County Judge. After defendant had answered, plaintiff filed a motion to amend the complaint. This was denie...
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delivered the opinion of the court. *180 This is an action for divorce, involving also alimony payments and the settlement of property rights of the parties. The district court entered an order requiring Scott W. Wright, plaintiff, to pay to his wife, Wanda L. Wright, seventy dollars per month as temporary alimony, but subsequently vacated that order. Defendant wife brings the cause here for ...
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This action was instituted by twenty-four plaintiffs pursuant to the uniform declaratory judgment act of the state of Washington, Rem. Rev. Stat. (Sup.), §§ 784-1 to 784-17 [P.P.C. §§65-1 to 65-33], inclusive, for the purpose of seeking adjudication as to their rights and status arising out of certain contracts, both oral and written, entered into with the defendants. In the prayer of their com...
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This is an action for damages brought by respondent as a result of injuries sustained by him while a passenger in a bus operated by appellant Auto Interurban Company. The bus, containing a seated load of passengers, was.en route from Spokane to Cheney when it developed engine trouble. On one occasion, it stalled while climbing a hill; on another, the driver experienced difficulty in starting it...
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35 Cal.2d 628 (1950) 220 P.2d 897 ELDEN W. CLEMENT, Appellant v. THE STATE RECLAMATION BOARD et al., Respondents. Docket No. Sac. 5962. Supreme Court of California. In Bank. August 2, 1950. *631 Earl D. Desmond, E. Vayne Miller and Hudson Ford for Appellant. Fred N. Howser, Attorney General, Walter S. Rountree, Timothy W. O'Brien and Robert E. Reed, Deputy Attorneys General, C.C. Carleton and Hen...
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At the time this litigation commenced, Case and Swayne were copartners doing business as the CaseSwayne Company, Kadota Fig Association an unincorporated association of fig growers and Tosemite Growers, a similar organization of peach growers. Case-Swayne sued the fig growers for breach of contract, and the peach growers for assertedly conspiring and inducing a breach of contract by the fig gro...
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98 Cal. App. 2d 510 (1950) 220 P.2d 918 CHARLES WILLIAM MOORE et al., Respondents, v. WILBER WHITE, Appellant. Docket No. 14357. Court of Appeals of California, First District, Division Two. July 21, 1950. W.R. Dunn and Raymond W. White for Appellant. Wood & Proffitt for Respondents. GOODELL, J. This is an appeal from a judgment for $2,000 and interest, based on a complaint for money had and ...
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This is an appeal from a judgment against two sets of defendants, namely, Nona Harwich and Chase and Czerny, a copartnership known as L. F. Chase Company. The trial judge, Honorable Preston Devine, filed an opinion wherein the facts are fairly and fully stated. With a few deletions and additions it reads as follows: “This is an action for mopey had and received in the sum of Fifteen T...
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98 Cal. App. 2d 617 (1950) REMILLARD BRICK COMPANY (a Corporation) etc., Appellant, v. A. O. DANDINI et al., Respondents. Civ. No. 14281. California Court of Appeals. First Dist., Div. One. July 26, 1950. Johnson, Harmon, Stirrat & Henderson for Appellant. Leo R. Friedman and Eugene K. Sturgis for Respondents. SCHOTTKY, J., pro tem. This is an appeal from an order of the superior court...
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Appeal from a conviction of bribery. Since appellant demands a reversal on the ground that he was the victim of an entrapment, a detailed statement of the evidence is essential to a full understanding of all contentions. At the time of the occurrences mentioned herein appellant was a citizen of Oxnard where he had resided for 10 years and had operated a pawnshop. William P. Clark was the chief ...
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This is a proceeding to obtain a peremptory writ of prohibition addressed to the Honorable Albert F. Ross, as Judge of the Superior Court for Shasta County, restraining him from proceeding further in an action pending in that court. It appears from the petition that on June 1, 1950, an indictment was found and filed in the Superior Court in Shasta County in Action Number 16879 therein, whereby ...
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Appeal by Stuart N. West from a judgment dismissing a proceeding instituted by him to revoke the probate of a will. The contest was dismissed on the ground *564 that West was not an interested person entitled to contest the will under Probate Code, section 380. West, not an heir at law of decedent, bases his right to contest the will on the ground he is the principal beneficia...
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The city of Los Angeles adopted an ordinance, in part as follows : “An Ordinance to effectuate the provisions of Charter Section 432 and otherwise to insure the loyalty of the officers and employees of this City. “The People of the City of Los Angeles Do Ordain as Follows: “Section 1. Every person who is hereafter elected or appointed to an office or position in the service of the City of L...
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On March 21, 1945, the Insurance Commissioner issued an order directing the National Automobile and Casualty Insurance Company to appear and to show cause why its certificate of authority to transact insurance in the State of California should not be suspended for a period not to exceed one year. It was stated in part therein that said order was based on reports made to the commissioner that: s...
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Defendant was accused by an information in one count of attempted abortion and in a second count of abortion. Another information was filed charging him with an additional crime of abortion. The cases were consolidated for trial and a jury found him guilty on all three counts. He was sentenced to the state prison on each count and has appealed from the judgments. * Defendant contends that his...
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Appeal from order and judgment denying petition under section 1282 * of the Code of Civil Procedure for an order directing arbitration. *668 The facts, about which there is no dispute, are as follows: Jack F. Frazier, hereinafter called appellant, began to work for respondent in November, 1945. In September, 1948, the Oil Workers International Union, C.I.O., of whi...
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On October 21, 1948, defendant was charged by an indictment returned by the Grand Jury of Los Angeles County with five counts of abortion. Defendant at the outset pleaded not guilty to all counts but his plea was changed to that of guilty as to Count III on the second day of trial. On May 5, 1949, defendant was sentenced to a term of imprisonment in San Quentin and Counts I, II, IV and V were d...
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In an information filed by the District Attorney of Ventura County, defendant Carol DeWitt and John Lucius Gifford were jointly charged in count I with the crime of attempted robbery of Ernest Westley Garrison, and in count II with the offense of assault with a deadly weapon upon the said Garrison. Following the entry of not guilty pleas by both defendants the cause proceeded to trial before a ...
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220 P.2d 988 (1950) STATE ex rel. REPLOGLE, County Attorney, v. JOYLAND CLUB et al. No. 8962. Supreme Court of Montana. Submitted May 5, 1950. Decided June 30, 1950. *989 Greenan & Manion, Great Falls, for appellants. Howard T. Manion, Great Falls, argued the case orally for appellants. Arnold H. Olsen, Atty. Gen., Willis B. Jones, Harold L. Holt, Philip O'Donnell, Asst. Attys. Gen., O. Louis...
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This is an appeal by the state from a judgment of the district court of Lewis and Clark county, Hon. George W. Pad-bury, Jr., district judge presiding, given and entered for de*154fendants on demurrer sustained to an amended information filed by Melvin E. Magnuson, Esq., county attorney of said county, charging the defendants Milton Israel and The Diversion Club, a so-called “nonprofit” corporatio...
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Appeal by the state from order and decree of the district court of Prairie county, the Hon. S. D. McKinnon, district judge, presiding, entered in an action instituted by the county attorney of such county seeking to enjoin the operation of five coin-operated slot machines and to abate as a public nuisance the building wherein they were operated and kept. The defendants Chris Grenz and Rose Grenz o...
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Ross Engle and John D. Gibb were convicted in the district court of Yellowstone county, Hon. Guy C. Derry, district judge, presiding, by a jury’s verdict for unlawfully possessing eight coin-operated slot machines, and here appeal from the judgment of conviction. The information filed August 22, 1949, charges: “That one Ross Engle and John D. Gibb, late of the County of Yellowstone, State of Monta...
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This is an appeal by the defendant Alex Marck from a judgment of conviction entered against him in the district court of Pondera county, the Hon. R. M. Hattersley, district judge presiding, following his trial upon an information charging him and two others persons with the crime of unlawfully setting up lotteries, conducted by means of eight coin-operated slot machines. The information charges: “...
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Appeal by Harvey M. Read from a judgment of conviction, entered in the district court of Cascade county, Hon. J. W. Speer, district judge, presiding, for the crime of unlawfully setting up lotteries. On and prior to May 19, 1949, Harvey M. Read, individually, ran and conducted a tavern located south of the city limits of Great Falls, in Cascade county, Montana. In his tavern Read set up for o...
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Following investigations conducted and a raid by members of the attorney general’s force accompanied by other law enforcement officers on the premises known as the “Club Lounge” the main entrance whereof is No. 14 North Main Street in Helena, Montana, Melvin E. Magnuson, Esq., the county attorney of Lewis and Clark county, on leave first granted by the district court of said county, on July 1, 194...
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This is an appeal by the state from a judgment of the district *239 court of Lewis and Clark county, Hon. George W. Padbury, Jr., district judge, presiding, given and entered for the defendant, dismissing an information in the district court cause No. 2546, charging defendant with the crime of misdemeanor for unlawfully maintaining, keeping and having in his possession described banned gambling...
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This is an appeal by the state from a judgment of the district court of Lewis and Clark county, Hon. George W. Padbury, Jr., district judge presiding, given and entered for the defendant dismissing an information filed July 1, 1949, by the county attorney on leave granted by the district court, in district court criminal cause No. 2549, charging defendant with the crime of misdemeanor committed as...
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220 P.2d 1029 (1950) STATE ex rel. OLSEN, Atty. Gen. v. CROWN CIGAR STORE et al. No. 8964. Supreme Court of Montana. Submitted April 27, 1950. Decided August 2, 1950. Arnold H. Olsen, Atty. Gen., Willis B. Jones, Philip O'Donnell, Asst. Attys. Gen., for appellant. Mr. Olsen & Mr. O'Donnell argued orally. W. E. Coyle, Alf C. Kremer, Rex F. Henningsen, all of Butte, for respondents. Mr. Coyle &...
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220 P.2d 1035 (1950) STATE ex rel. PORTER v. DISTRICT COURT OF FIRST JUDICIAL DIST. et al. No. 8987. Supreme Court of Montana. Submitted June 19, 1950. Decided July 24, 1950. *1036 Stanley M. Doyle, Lyle C. Nelson, Polson, Mont., for relator. Melvin E. Magnuson, County Attorney, John C. Harrison, and Michael G. Chilton, Deputy County Attorneys, Floyd O. Small, Sp. Prosecutor, all of Helena, for r...
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220 P.2d 1052 (1950) STATE ex rel. ADAMI v. LEWIS AND CLARK COUNTY, DISTRICT COURT OF FIRST JUDICIAL DISTRICT et al. No. 8981. Supreme Court of Montana. July 25, 1950. *1053 Wellington D. Rankin, Lester H. Loble, Helena, for petitioner. Melvin E. Magnuson, County Attorney, John C. Harrison, Deputy County Attorney, Michael G. Chilton, Deputy County Attorney, Floyd O. Small, Sp. Prosecutor, all of ...
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The Teachers’ Retirement Act enacted by the 1937 legislative assembly (Ch. 87, Laws of 1937, pp. 215-241) as amended by Chapter 137, Laws of 1945, pp. 253-268, established a retirement system for the public school teachers of the state of Montana and declares the law governing the age for retirement. Permissive Betirement at 60. The Act permits any member of the system who shall have attain...
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delivered the opinion of the court. This- is an original proceeding instituted in this court by Charles W. Rothwell and J. F. McIntyre, to whom we hereinafter refer as complainants, who filed their complaint seeking an order in the nature of certiorari, pursuant to Rule 106 (a), (2), (4). A rule to show cause was duly issued. Claude C. Coffin, as Judge of the district court within and...
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This action was brought by a foreign administrator to recover on a foreign judgment.1 On the first trial at the close of plaintiffs’ case, a judgment of dismissal “without prejudice” was entered. This court held that judgment to be a nullity and remanded the cause “for further appropriate action.” Stearns v. Strom, 68 Idaho 392, 195 P.2d 337. When the case *437again came before the district court,...
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In 1927, August Heckscher became interested in the Westward Ho Hotel in Phoenix, Arizona, by loaning $275,000.00 to one Charles V. Bob. Bob pledged to Heckscher 10,000 shares of stock of the Pacific Hotels Company, an Arizona corporation, whose sole property was the Westward Ho Hotel. In 1940, the name of the Pacific Hotels Company was changed to Westward Ho Hotel Company. Bob disappeared leavi...
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We are here concerned with the question of whether the evidence supports a judgment for the respondents in the amount of twelve thousand five hundred dollars for attorneys’ fees. The respondents had previously been before this court contending that, by the terms of an express contract, they were entitled to 125,000 shares of stock of the appellant, Slate Creek Mining Company, for legal ser...
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The question intended to be raised on this appeal concerns the right of one convicted of manslaughter to take under the will of his victim. However, we sire holding, on our own motion, that the appeal is premature. A statement of the facts and of the status of the litigation is necessary to make apparent the reason for that holding. Joseph A. Moore made a brutal assault upon his 79-year-old...
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36 Wn.2d 868 (1950) 220 P.2d 1081 THE STATE OF WASHINGTON, on the Relation of Henry J. Adams, Plaintiff, v. THE SUPERIOR COURT FOR PIERCE COUNTY, Ernest M. Card, Judge, Respondent.[1] No. 31187. The Supreme Court of Washington, En Banc.. August 1, 1950. Bannon, Soule & Krilich, for relator. Arthur R. Paulsen, for respondent. GRADY, J. This proceeding was brought in this court to secure an ord...
Views: 1

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