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Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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5
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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8
This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
9
The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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19
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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37
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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40
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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46
Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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47
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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52
56
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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64
This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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66
More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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A woman proceeding under the pseudonym Jane Doe filed this lawsuit in June 2016 in the Southern District of New York against Donald J. Trump and Jeffrey Epstein, alleging that she had been sexually assaulted by both men at a series of parties hosted by Epstein at his Manhattan townhouse in 1994, when the plaintiff was 13 years old. The complaint alleged rape, sexual misconduct, criminal sexual acts, sexual abuse, forcible touching, assault, battery, intentional infliction of emotional distress, false imprisonment, and defamation. It described a pattern of abuse over multiple encounters that the plaintiff alleged was facilitated by an unnamed woman who recruited her with promises of money and modeling work.
The case attracted significant media attention given the identities of the defendants and the gravity of the allegations. A companion affidavit filed with the complaint included similar allegations from a second anonymous woman who claimed to have witnessed some of the events. The plaintiff voluntarily dismissed the case in November 2016, with her attorney citing fear for her safety and the psychological toll of the publicity as the reasons for withdrawal. The dismissal was without prejudice, leaving open the possibility of refiling, though no subsequent federal action was recorded.
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84
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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87
Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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92
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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95
Gary Brustein was charged by misdemeanor information in October 2010 in the Southern District of New York with one count of unlawful possession of a controlled substance. The information alleged that Brustein, acting in the course of his professional practice, possessed a quantity of methaqualone — a sedative hypnotic drug commonly known as Quaaludes — without a valid prescription or other legal authorization. The charge was brought as a misdemeanor under the Controlled Substances Act rather than a felony, suggesting Brustein's possession was treated as an unlawful personal possession rather than distribution. The case was prosecuted in an era when methaqualone had been effectively eliminated from the legal pharmaceutical market in the United States for decades.
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100
Think Computer Corporation, creator of the FaceCash mobile payment system, is suing its competitors in the payments space and their venture capital investors over their intentional failure to properly comply with federal and state laws concerning money transmission licenses.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
5870STATUTES-Tax Suits
9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam
9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo
Cases by the year they were filed, back to the first federal dockets of the 1790s. 2020s
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All reporters › p2d › Volume 27 Opinions in p2d, volume 27
This action was brought by the plaintiff to recover from the defendants damages because of the alleged false and defamatory publication on July 14, 1929, of an article in a newspaper, known as the Standard-Examiner, owned by the defendant Standard-Examiner Publishing Company, a corporation.… OPINION This is a companion matter to that of Jack et al.… State v. Peterson Page 20 The defendant was tried, convicted, and sentenced to serve an indeterminate term in the state prison upon an information which charged: "That the said N.… This appeal involves the question of the validity of section 898X, c.… Plaintiff, on behalf of herself and minor daughter, applied to the Industrial Commission of Utah for compensation for the death of her husband, Sidney S.… Plaintiff, the widow of Christian A. Peterson, applied to the Industrial Commission for compensation on account of the death of her husband following an operation for strangulated hernia.… Fudge v. Downing Page 33 Plaintiff brought this action to recover from the defendants the following relief: (1) Damages because of the alleged unlawful acts of the defendants in taking and retaining possession of an apartment located in the Downing Apartments at 130 South Third East street, Salt Lake City and county, Utah; (2) for the return… State v. Draper Page 39 The defendant Mendon Draper was convicted of murder in the first degree, and appeals.… State v. Gardner Page 51 The defendant, John W. Gardner, was convicted of the crime of grand larceny and sentenced to serve an indeterminate term in the state prison.… Hull v. Flinders Page 56 This is an action to recover damages for alleged fraud.… Taylor v. Hanchett Oil Co. Page 59 The appellees, trustees of the estate of Job J.… The granting or denying of a motion for change of venue upon the ground that "the convenience of the witnesses and the ends of justice would be promoted by the change" is within the discretion of the court, and is not mandatory, as is a motion for change of venue under subdivisions 1 and 2 of sec.… Respondent was injured May 20, 1928, in the course of his employment with the Baxter Foundry and Machine Works, the accident occurring at the plant of the Dairymen's Co-operative Creamery Company of Boise Valley.… Gertztowt v. Humphrey Page 64 Certain real property was sold as appellant's under execution to satisfy a judgment obtained by respondent.… Bothwell v. Keefer Page 65 November 30, 1931, three writs of attachment were issued in behalf of intervenor, each against, "all the property of said defendant Filer Livestock Company, *Page 660 Inc., a corporation, or so much thereof as may be sufficient to satisfy said plaintiff's demands." Thereafter the sheriff of Twin Falls county levied… State v. Freitag Page 68 This is an appeal from a judgment of conviction of manslaughter.… People v. Lewis Page 73 The motion of respondent to dismiss the appeal of defendant C.K.… This is an appeal from a judgment for the plaintiff on a promissory note for $2,500 executed by the *Page 428 defendant and appellant, N.L.… Pasquale v. Pasquale Page 76 Margarita Carmela Pasquale, also known as Margarita Pasquale Del Torre, a minor, seven years of age, by her guardian adlitem, brings this action against the defendant for the purpose of having declared the existence between the defendant and herself of the relation of parent and child.… People v. Jarvis Page 77 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Bradford v. Sargent Page 93 Respondent recovered judgment against appellant and defendants for damages suffered in a motor vehicle accident which occurred on G Street in the city of San Bernardino, between 5 and 6 o'clock on the afternoon of Saturday, June 13, 1931.… Richbart v. Ullman Page 97 I concur in the judgment. I do not agree with the opinion of Mr. Justice York wherein he sustains the contention of respondents that the note on which defendants were sued as guarantors was an usurious contract in violation of the Usury Law.… Anderson v. Walters Page 100 A jury awarded to plaintiff damages for the death of his minor son.… May v. American Trust Co. Page 101 The action was to recover money alleged due from defendant to plaintiff arising out of certain transactions between the parties, of which more detail hereinafter.… In Re Hadwiger Page 111 This action involves disbarment pr and Robert L.… Brooks v. Hudson Page 111 There is involved here, in a general way, the following state of facts, regarding which there is no dispute.… Quayle v. Knox Page 115 This is an action to recover damages for personal injuries sustained in an automobile collision.… Moore v. Myers Page 117 The plaintiff brought this action against the administrator of the estate of Mary O.… Collais v. Buck & Bowers Oil Co. Page 118 This is an action for damages for personal injuries and destruction of wearing apparel caused by respondent slipping on some oil upon the *Page 264 sidewalk adjacent to the property occupied by appellant.… State v. Bashor Page 121 The information in this case contains three counts.… This is an action brought by the plaintiff, White Bollard, Inc., against defendant, Standard Accident Insurance Company, upon a fidelity bond.… Bennett v. King County Cab Co. Page 125 Respondent, as the personal representative of James G.… Sears Roebuck & Co. v. Nilsen Page 128 This appeal is from a judgment of dismissal after a trial on the merits to the court without a jury.… State v. Lyon Page 131 Defendant was charged in each of three counts of an information with the crime of "failure to report sales of liquid fuel," and in a fourth count with the crime of "failure to pay excise tax on sales of liquid fuel." A demurrer to each count of the information was sustained.… Wolfe v. Philippine Investment Co. Page 132 This action was based upon an oral contract, and its purpose was to recover for services rendered by the plaintiff to the defendant.… BEALS, C.J., TOLMAN, and HOLCOMB, JJ., dissent.… In 1917, there was erected, by the then owner, a cold storage warehouse on lots 9, 10, 11, 12 and 13, block 11, Orchard's Addition to New Tacoma.… Fotheringham v. Spokane Savings Bank Page 139 David B. Fotheringham and Mary Fotheringham, his wife, entered into a lease in 1926 with Spokane Theatres, a corporation, for a term ending December 31, 1930, covering a building occupied as a theatre on property adjacent to that occupied by the Spokane Savings Bank, a corporation.… Ogilvie v. Hong Page 141 This is an action brought by the personal representatives of Jacob M.… Peters v. Pima Mercantile Co., Inc. Page 143 J.B. Peters brought this action against the Pima Mercantile Company, a corporation, and Sidney McNeil to recover damages received by him in an automobile accident.… Jett v. Grooms Page 148 Heretofore this court in cause No. 10257, Grooms v. Grooms, dismissed the appeal for want of prosecution and rendered judgment against W.J.… State Ex Rel. Barnett v. Timken Page 148 This is an appeal from an order dissolving an attachment in an action by the Bank Commissioner in his official capacity against the defendant on a promissory note.… An action was commenced in the district court of Oklahoma county by the plaintiffs in error against the Commissioners of the Land Office of Oklahoma and the individual officers composing said board as set forth in the statement of this opinion, for a writ of mandamus to compel said defendants in error to pay to the… Original action by Standard Roofing Material Company, a corporation, as petitioner, to review an order and award of the State Industrial Commission made and entered on December 28, 1932, wherein the Commission ordered payment of claimant's attorneys' fee in a lump sum.… Randall v. Nathan Cox Page 155 This is an action commenced by plaintiff in error for damages for the alleged conversion of certain oil well casing.… Rapp v. Oklahoma Tax Commission Page 157 This is an action to recover back from the Oklahoma Tax Commission $230.21, required by the Commission to be paid as additional income tax on certain items of income received by the plaintiff, H.E.… Warkentin v. Kleinwachter Page 160 The State Bar of Oklahoma has recommended to this court that the respondent herein be suspended from the practice of law for a period of one year.… Skelton Lead & Zinc Co. v. Bagby Page 168 This is an original proceeding to review an award of the State Industrial Commission for permanent partial disability.… Ex Parte Johnson Page 171 This is an original proceeding in habeas corpus.… McLemore v. State Page 172 Plaintiff in error, hereinafter called defendant, was convicted in the county court of Seminole county of obtaining lodging with intent to defraud, and was sentenced to pay a fine of $100 and to serve 60 days in the county jail.… Plaintiff brought this action against defendant Idaho Community Oil Company to foreclose a mortgage covering both real and personal property.… Cancilla v. Gehlhar Page 179 IN BANC. Suit by Dominic Cancilla and others against Max Gehlhar, as Director of the State Department of Agriculture, and others.… "In determining the validity of an act which has been attacked, the courts must and should resolve all doubt in favor of its constitutionality; and if the statute is reasonably susceptible of two constructions, one of which will render it constitutional and the other *Page 130 unconstitutional, the former will prevail.… Hall v. Marshall Page 193 IN BANC. Suit by H.H. Hall, receiver of the First National Bank of Burns, as trustee for the Reconstruction Finance Corporation, against Ray Marshall and others.… THE plaintiffs below, defendants in error here, are life insurance corporations organized and existing under the laws of the state of Colorado.… Great American Insurance v. O'Neal Page 201 The opinion of the court was delivered by This was an action to recover on a bond.… Moss v. Spot Cash Insurance Page 204 The opinion of the court was delivered by The action was one to recover on an insurance policy issued on the life of Albert R.… Putnam Investment Co. v. Gerstner Page 206 The opinion of the court was delivered by The action was one by a landlord to recover on a note for $100 given for pasture rent.… Klose v. Missouri Pacific Railroad Page 207 The opinion of the court was delivered by This is an action for wrongful death.… Nelson v. State Bank Page 208 MEMORANDUM The appellee could not meet the contentions of the appellants without a transcript of the proceedings at the trial.… Fairchild v. Prairie Oil & Gas Co. Page 209 The opinion of the court was delivered by This is an appeal from an award under the workmen’s compensation act.… The opinion of the court was delivered by This was an action to recover on a policy of insurance which protected plaintiff’s automobile from theft by anybody except a member of his household.… Bullen v. Anderson Page 213 The plaintiff, appellant herein, appeals from a judgment rendered in favor of defendant in the district court of Cache county, Utah.… Kennedy v. Wagner Page 214 The opinion of the court was delivered by This was an action for malicious prosecution.… The opinion of the court was delivered by This was an action for damages for injuries sustained in an automobile accident caused by a defect in the highway, U.… Hitsman v. Kennedy Page 218 The opinion of the court was delivered by Dalbert Hitsman, a minor, by Mae Hitsman, his mother and next friend, brought this action against R.… *535The opinion of the court was delivered by This was an action to recover taxes for the year 1930 which the plaintiff railway company paid under protest to the county treasurer of Cherokee county.… State v. Montague Page 222 The opinion of the court was delivered by This was an action by the state on an appearance bond.… The opinion of the court was delivered by This action was brought by a board of county commissioners to enjoin defendant from mining coal upon and thereby destroying the value of certain land which had been bid off by the county for delinquent taxes in 1929.… Cornell v. Cities Service Gas Co. Page 228 The opinion of the court was delivered by This is a workmen’s compensation case.… *517The opinion of the court was delivered by This is an original proceeding in mandamus brought by the Chicago, Rock Island & Pacific Railway Company against the board of county commissioners of Ford county, also the county clerk and county treasurer, to compel compliance with an order of the state tax commission to… Landers v. Landers Page 231 The opinion of the court was delivered by This is a divorce case.… Chandler v. Runnels Page 232 The opinion of the court was delivered by This is an action to collect the statutory liability on stock in a Minnesota corporation owned by a resident of Kansas.… Corbett v. Kansas Gas & Electric Co. Page 234 The opinion of the court was delivered by The action was one for damages for personal injuries sustained when plaintiff fell into a manhole maintained by defendant for access to a conduit forming part of its underground system *692for distributing electricity.… The opinion of the court was delivered by One of these actions is an appeal from an order overruling a motion to reopen a final settlement in the probate court.… Fernandez v. Edgar Zinc Co. Page 239 The opinion of the court was delivered by This is an appeal from an award of compensation to Joe Fernandez, an employee of .the Edgar Zinc Company, *736who was injured in the course of his employment while operating a push car loaded with mineral at a smelter of the zinc company.… Amthauer v. Johnson Page 241 The opinion of the court was delivered by This is an action by the holder of a promissory note which had been sold to him after its maturity date and at that time indorsed to him by the bank of which defendants are the receivers.… Schwab v. Nordstrom Page 242 The opinion of the court was delivered by This is an action for damages for assault and battery.… Kaw Valley State Bank v. Chumos Page 244 The opinion of the court was delivered by The appeal is from an order denying a motion to set aside a sale of attached real estate and sustaining a motion to confirm the sale.… The opinion of the court was delivered by This action was brought to cancel and annul a written instrument called “Assignment of contingent equity.” Judgment was for plaintiffs.… State ex rel. Boynton v. Lewis Page 250 The opinion of the court was delivered by The action was one by the state on the relation of the attorney-general against a former county treasurer of Gove county and the surety on his bond to recover money paid by the county treasurer to the treasurer of a school district, constituting a portion of the sinking fund… State ex rel. Johnson v. Strevey Page 253 The opinion of the court was delivered by This was a prosecution under the statute (R.… Darling & Co. v. Petri Page 255 The opinion of the court was delivered by This was an action which originated before a justice of the peace to recover the purchase price of a quantity of fertilizer which defendant had bought from a farmers’ association at the railway point of Dennis, in Labette county.… The opinion of the court was delivered by This was an action for damages.… State v. Whitlock Page 262 *603The opinion of the court was delivered by This is an appeal from an order quashing an information charging perjury alleged to have been committed by the defendant in falsely stating in an affidavit made by the defendant to the Kansas soldiers’ compensation board, for the purpose of obtaining compensation, that he… McCarry v. Center Township Page 265 The opinion of the court was delivered by This action was instituted by Alvah McCarry against Center township, Smith county, and its officers to recover damages for injuries sustained by him because of an illegal defective *625highway over which he was traveling — a highway which it is said it was the duty of the… Frazier v. Ford Page 267 *662The opinion of the court was delivered by The action was one by landowners to enjoin the sheriff from selling their land on execution, and to quiet title against the judgment sought to be enforced by means of the sale.… *657The opinion of the court was delivered by This action was brought by W.… Williams v. Cave Page 272 The opinion of the court was delivered by This action was brought by Al F.… Bussey v. Prætorians Life Insurance Page 275 The opinion of the court was delivered by This appeal involves a controversy over the proceeds of a beneficiary certificate.… Noll v. Graham Page 277 The opinion of the court was delivered by This was an action to foreclose mechanics’ liens and mortgages and to determine priorities.… Johnson v. Eddy Page 283 The opinion of the court was delivered by This was an action in replevin.… Ray v. City of Wichita Page 288 *687The opinion of the court was delivered by This case involves the interpretation of R.… Corson v. Oakley Page 290 *521The opinion of the court was delivered by This was an action to determine the ownership of certain stocks, notes and mortgages, the legal title and possession of which were in Mary D.… The opinion of the court was delivered by This was an action on two policies of insurance issued by a mutual fire insurance company.… Cox v. Trousdale Page 298 The opinion of the court was delivered by This was an action to recover an attorney’s fee for professional services.… In Re Idleman's Commitment Page 305 In the matter of the commitment of Mrs. C.M.… Fred Meyer, Inc. v. Keasey Page 311 IN BANC. Suit by Fred Meyer, Inc., against Dorr E.… Paine v. Meier & Frank Co. Page 315 The pleadings of the plaintiffs aver: "At no time did defendant inform plaintiffs or either of them that they would be held to the strict terms of said conditional sales contract or that defendant would elect to repossess the said personal property or terminate the said contract, and defendant repeatedly informed… White v. Million Page 320 This action was originally brought to foreclose a pledge of certain corporate stock given as collateral to two promissory notes.… This is an appeal from a judgment of the superior court reversing an order of the department of public works and remanding the cause to that department for further proceedings.… Weisberger v. Smith Page 324 Appellant, as plaintiff, brought this action to recover money paid on an executory contract for the purchase of real estate, plus the value of improvements and betterments, which contract, he alleged, had been rescinded.… In Re the Estate of St. Martin Page 326 This is a contest with reference to the appointment of an administrator of the estate of a deceased person.… Denny v. Wooster Page 328 STEINERT and TOLMAN, JJ., dissent. This action was brought by Robert Denny, a resident taxpayer of Seattle, against Melvin S.… Parkhill Truck Co. v. Emery Page 333 This is an original proceeding to review certain orders and decisions of the State Industrial Commission.… This action was commenced by Kiowa National Bank of Snyder, Okla., and the trial court entered judgment adverse in certain respects to the Kiowa National Bank of Snyder, Okla., and adverse as to certain particulars to the board of county commissioners of Kiowa county.… Earl W. Baker Co. v. Denney Page 338 This is an original proceeding in this court instituted by the respondent before the State Industrial Commission to review an award in favor of the claimant therein.… This is a direct proceeding in this court brought by the petitioner, Stanolind Crude Oil Purchasing Company, to review an order of the State Industrial Commission in favor of the respondent, L.T.… E.J. Kelly, as plaintiff, filed suit against the Southwestern Light Power Company, defendant, seeking to recover damage from defendant for the alleged construction of defendant's light and power lines on the real property of plaintiff.… Pitman v. Owens Page 342 This is an appeal from an order sustaining a demurrer to the amended petition of plaintiff, and dismissing same upon the election of plaintiff to stand upon such amended petition.… Bartlesville Water Co. v. Brann Page 345 This is an appeal from a judgment of the district court of Washington county denying the petition of the plaintiff in error for a writ of mandamus against the excise board of Washington county, in an action wherein it was sought to require the excise board to approve a supplemental estimate submitted by the board of… City of Tonkawa v. Danielson Page 348 This action was commenced in the district court of Kay county by Wilbur Danielson, as guardian of Naomi Danielson, a minor, against the city of Tonkawa for damages for personal injuries suffered by the said Naomi Danielson.… McCoy v. Lewis Page 350 Nellie Samuel Stechi executed her last will and testament thereby willing all of her property to her grandchildren.… Moore v. Chadd Page 351 G.S. Chadd, plaintiff, instituted suit against T.H.… Chandler v. McKeel Page 353 This is an original proceeding in this court wherein W.T.… Branham v. International Supply Co. Page 354 Margie Branham, for benefit of next of kin, sued the corporate defendants and Silas W.… Gibbs v. Lawrence Page 355 This proceeding was instituted to review an award by the State Industrial Commission.… Impson v. State Page 359 This action was instituted on May 4, 1929, in the county court of Jefferson county in the name and by the authority of the state of Oklahoma upon a complaint and affidavit of Rosie Brezina that day filed charging that the plaintiff in error, the defendant, is the father of a child which was born to her out of wedlock… Halliburton v. Williams Page 360 This is an original action instituted in this court by Eulalie V.… Williams v. State Page 363 Plaintiff in error, hereinafter called defendant, was convicted in the county court of Oklahoma county of having the illegal possession of whisky, and was sentenced to pay a fine of $250 and to serve a term of 90 days in the county jail.… Lewis v. State Page 363 Plaintiff in error, hereinafter called defendant, was convicted in the county court of Pontotoc county of malicious mischief, and his punishment fixed at a fine of $300.… Gerdes v. Pacific Gas & Electric Co. Page 365 Plaintiff H.A. Gerdes and Barbara Gerdes, his wife, received personal injuries in an explosion and fire which almost completely demolished their residence.… In this matter the petitioners filed in this court a verified petition, asking that a peremptory writ of mandate issue to respondents directing and compelling them to deliver to petitioners the books and records of the Roma Macaroni Factory, a corporation.… In Re Maas Page 373 This is an application for a writ of habeas corpus wherein petitioner alleges that he is restrained of his liberty by the sheriff of the county of Orange under a commitment issued upon default in payment of a fine assessed against him for a violation of an ordinance adopted by the board of supervisors of said county… George v. Railroad Commission Page 375 On October 21, 1932, the California Transportation Company, Sacramento Navigation Company, Fay Transportation Company, the Western Pacific Company and the Sacramento Northern Railway filed a complaint before the Railroad Commission of the state of California charging that Frank P.… Aron v. Leavy Page 377 A hearing was granted in this case after decision by the District Court of Appeal, First Appellate District, Division Two.… Henderson v. Jacobs Page 378 This action was brought by plaintiffs, owners of stock of the Fairmede Golf and Country Club, a corporation, in their representative capacity against the defendants.… Sunder v. Collins Page 382 By this proceeding the petitioner, a taxpayer of the city and county of San Francisco, prays for a writ of prohibition directed to respondent as Registrar of Voters of said city and county.[1] The petition is sufficient in form to be treated as an application in mandamus to compel said respondent to omit from the… Plaintiffs instituted this action for the purpose of quieting their title to certain real property in the city of San Diego which they had purchased at a commissioner's sale made in accordance with a court decree rendered in a partition action.… Plaintiff's complaint herein was entitled "Complaint in Forcible Entry and Detainer".… Prescott v. Farquhar Page 390 The plaintiffs brought an action in claim and delivery against one Ray Dillingham for the purpose of recovering the possession of certain fixtures installed and used in operating a service station, consisting of pumps, storage tanks and other accessories.… Dale Consolidated Mines v. Wright Page 393 This is a motion to dismiss an appeal. A certificate of the county clerk of San Bernardino County *476 filed in support of the motion shows that judgment was rendered in the court below; that appellant’s motion for new trial was denied on the 18th of July, 1933; that notice of denial of such motion was served on the… Larson v. Du Bain Page 393 This is an appeal from a judgment rendered upon a complaint filed in the Superior Court of Los Angeles County for the sum of $1800.… Petition for a writ of supersedeas. Petitioner City of Westmoreland has appealed to this court from a judgment of the Superior Court of Imperial County in the above-entitled action which is a proceeding in quo warranto instituted by the attorney-general for the purpose of testing the legality of the proceedings under… People v. Warwick Page 396 THE COURT. Appellant was found guilty by a jury of burglary in the first degree and of having suffered a prior conviction of felony, for which he was sentenced to imprisonment in the state prison.… Waring v. Pitcher Page 397 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Burbank v. McIntyre Page 400 Plaintiff, Willie Burbank, accompanied by his wife, Julia J.… Bradbury v. Thomas Page 402 Plaintiffs instituted this action for the purpose of quieting their title to fifteen specific lots described *Page 437 in the complaint.… In Re Sargen Page 407 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… People v. Clark Page 410 Appellant, together with another, was informed against for the crime of robbery, and also with having suffered two prior felony convictions.… People v. Bowles Page 411 The defendant has appealed from an order of the Superior Court of Riverside County denying his motion to vacate a judgment rendered in a criminal action wherein he was accused of having issued a check drawn upon a bank in which he did not have sufficient funds on deposit to meet said check on presentation.… People v. Egan Page 412 THE COURT. The appellant Frank J. Egan and Albert J.… In Re Fontino Page 413 On the seventeenth day of March, 1928, the above-named petitioner was arraigned upon an information in the Superior Court of the County of Riverside, charging that on or about the fifth day of February, 1928, he *Page 467 committed the crime of receiving stolen goods, a felony.… Nichols v. Nichols Page 414 This action was brought by plaintiff against defendant Charles Wadsworth Nichols for a divorce on the ground of extreme cruelty.… Earl v. Lofquist Page 416 This is an appeal from a judgment entered in favor of respondent after his demurrer to appellants' amended complaint was sustained and the latter declined to amend.… Heinfelt v. Arth Page 420 The plaintiffs brought this action to collect a real estate commission alleged to have been earned by them.… Heinfelt v. Arth Page 422 MEMORANDUM CASES. In so far as they relate to the only question to be here decided, the facts in this case are similar in all respects to the facts in the case of P.A.… Allen v. McCoy Page 423 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… In this proceeding plaintiff seeks a review and an annullment of an award of compensation whereby the Industrial Commission of Utah directed plaintiff company to pay to defendants Raymond L.… Thompson v. Industrial Commission Page 436 Plaintiff, a deputy fish and game warden in the employ of the state, on March 6, 1933, sustained an injury by accident while attempting to start his automobile, resulting in total loss of sight in his left eye.… Sorenson v. Korsgaard Et Ux. Page 439 As this matter comes to this court on appeal, the facts are interesting, and, were they open for consideration by this court, might be important, one of the alleged causes of action, seeking equitable relief.… Sullivan v. Industrial Commission Page 443 On February 2, 1928, Robert F. Sullivan was employed by the Mammoth Mining Company, and on that day was injured by accident in the course of his employment.… This case comes before the court upon an appeal from an order overruling the demurrer filed to the complaint.… Moulton v. Staats Page 455 The plaintiff, Grant Moulton, commenced this action in the district court of Millard county, in the Fifth judicial district, to recover from the defendants damages for injury which he received while employed by the said defendants, and working in and at certain mining property then owned, operated, and conducted by… Thomas v. Frost Page 459 Plaintiff, in his complaint, alleged that defendant maliciously and without probable cause charged him with having committed perjury during the trial of an action in the district court of Box Elder county, Utah, whereupon a warrant was issued for his arrest, and he was arrested, kept in custody for one day, and… This is an action for damages to plaintiff's automobile which was injured by being driven over a switch standard located between defendant's railroad tracks in about the center of Washington avenue near Second street, in Ogden, Utah.… French v. Tebben Page 475 From a judgment in favor of plaintiffs, in an action for personal injuries, and order overruling motion for new trial, defendants have appealed.… State v. Allen Page 482 E.E. Evans and Sadie Evans conducted a rooming-house at Caldwell, Idaho.… delivered the opinion of the court. The plaintiff in error was defendant in the trial court and for convenience here, the parties will be referred to as Shields and the association.… Smith v. Schreiber Page 491 THESE parties appeared in reverse order in the trial court.… People Ex Rel. Sanders v. Hendrick Page 493 GILBERT Sanders, as relator, claiming to be entitled to the office of city attorney of Trinidad, instituted quo warranto proceedings to oust the incumbent, John J.… Andrus v. Hall Page 495 PLAINTIFF in error is hereinafter referred to as Andrus, his son Richard Andrus as Richard, defendant in error as Mrs. Hall and her deceased husband Gyeer A.… Friedrichs v. Denver Tramway Corp. Page 497 THIS case is here for review of a judgment of dismissal in the district court.… [1, 2] Neither the abstract nor the transcript shows any judgment in this case; hence we would be justified in dismissing the writ of error.… National Sales Corp. v. Dennis Page 499 THESE parties appear here in the same order as in the trial court.… JOHN T. Burch and Donald J. Burch, copartners as Burch and Son Realty Company, called herein the plaintiffs, obtained a judgment against the Conway-Bogue Realty and Investment Company and the Berkshire Investment Company, called herein the defendants.… Williams v. Miller Page 502 delivered the opinion of the court. Dependant in error James R.… Thompson v. Flynn Page 505 It is the contention of plaintiffs that by virtue of the agreement of November, 1903, to continue the business as theretofore, no cause of action accrued in favor of the plaintiffs during the life of the agreement, and that it did not terminate until the death of Mary F.… Chauncey L. Berrien died in May, 1932, leaving a will under which his wife, Celia Berrien, was sole legatee.… Leffek v. Luedeman Page 511 Plaintiff brought this action for the foreclosure of a real estate mortgage.… Benjamin R. Ferrell, hereinafter called plaintiff, brought suit against Mutual Benefit Health and Accident Association, a corporation, hereinafter called defendant, to recover upon a certain policy for illness indemnity issued to plaintiff by defendant.… James v. Krook Page 519 The appellee has filed a motion for rehearing.… This is an original proceeding instituted in this court, upon a petition praying that a writ of certiorari issue to the superior court of Apache county, Arizona, commanding the certification of the records and proceedings in probate cause numbered 205, in that court, in so far as such probate proceedings relate to… Korrick v. Tuller Page 529 This suit was commenced by plaintiff, Tuller, against defendants, Korrick, to reform a deed for mutual mistake in the description of land conveyed.… Johnson v. Johnson Page 532 Assuming this is a claim and delivery proceeding, the allegations of the complaint are purely conclusions of law and insufficient.… The presenting of a formal motion to the court for a change of judge would presuppose some discretion on the part of the judge, which this court has already held does not exist.… State Ex Rel. Miller v. Lani Page 537 Petitioners claim that the act of March 28, 1933, is unconstitutional for the reason that it was an attempt by the legislature to change, by diminishing, their salaries during the term of office for which they were elected, and that the same is in conflict with the provisions of the constitution of the State of… State Ex Rel. Priestly v. Croff Page 540 Appeal by the relator, D.L. Priestly, from a judgment in favor of the defendants, trustees of school district No. 9 of Glacier county, quashing an alternative writ of mandate theretofore issued in relator's proceeding to compel the issuance of a warrant for the alleged balance due under a teacher's contract.… The opinion of the court was delivered by This is an action to recover money and for an accounting.… Covert v. John Morrell & Co. Page 553 (dissenting): I find myself unable to concur in the opinion of the majority.… Hoyne v. Schneider Page 558 The opinion of the court was delivered by This was an action in form to construe a will, actually to determine the amount in acreage of lands going to certain devisees under decedent’s will.… This is a replevin action wherein plaintiff sues to recover certain household furniture sold under conditional sales contract, or, in the alternative, for its value.… This action arose under the workmen's compensation act.… Hook v. Kirby Page 567 This is an action by John Hook, driver, and John-Elliott Studios, a corporation, owner, of an automobile, to recover for personal injuries sustained by the driver and property damage to the car, resulting from a traffic accident alleged to have been the fault of the defendants.… This controversy concerns the amount which Pierce county, the plaintiff herein, is entitled to receive from the defendant, the owner and operator of ferries under a contract between the parties.… Rust v. Schlaitzer Page 571 This action arises out of a collision between three automobiles, which occurred at about seven-fifteen a.m., August 10, 1931, at the intersection of east Marginal way and Michigan street, in Seattle.… As a fire protection measure (to prevent spreading of fire from the right of way), each spring for several years prior to 1931, the defendant endeavored to kill the weeds and grass on its right of way by spraying the vegetation with oil and burning same.… Hinz v. Crown Willamette Paper Co. Page 576 This action was brought to recover for personal injuries and property damage alleged to have been sustained by the plaintiff by reason of the emission of poisonous gases and offensive odors from the smokestacks of the defendant's paper and pulp mill at Camas.… The appellant, as claimant, having presented formal proof of what it alleged to be a preferred claim against the People’s State Bank of Walla Walla, then in liquidation, and its claim having been rejected by the liquidator in charge, it brought this action to establish the claim as preferred and to impress the assets… This is an action brought by Provident Mutual Life Insurance Company of Philadelphia, as plaintiff, to enjoin Frigidaire Sales Corporation, Claude G.… Shell Oil Co. v. Henry Page 582 This case was once before in this court. Shell Oil Co. v.Henry, 169 Wash.… Huntington v. Clallam Grain Co. Page 583 This is an action for damages for damages for personal injuries alleged to have been sustained by a minor, plaintiff herein, as the result of having been struck by a truck negligently operated by defendant's employee.… Robison v. Laforge Page 585 Respondent, being dissatisfied with a financial investment of more than one thousand dollars made by appellant with funds entrusted to him by respondent, which respondent believed would be a total loss, on February 16, 1932, went to the office of appellant to seek an adjustment which would prevent loss.… Brown v. Ohman Page 588 THESE parties appear here in the same order as below and for convenience we refer to them as plaintiff and defendants.… Olmsted v. Melville Page 589 delivered the opinion of the court. Walter W.… Musgrove v. Brown Page 590 W. E. BROWN sued J. F. Musgrove, the Denver Motor Hotel Company, M.… Holland v. Byers Drilling Co. Page 591 This is an original proceeding in this court to review an order of the State Industrial Commission made and entered on the 15th day of March, 1933, wherein the petitioner, George Holland, was denied compensation for an injury arising out of and in the course of his employment with the respondent Carl Followill.… Chicago, R. I. & P. Ry. Co. v. Jones Page 593 This is an action to recover damages for and on account of alleged negligence in killing and injuring certain cows belonging to defendants in error at and upon a public crossing about one mile south of Duncan, Okla.… Adams v. City of Hobart Page 595 On September 28, 1931, at an election held in accordance with the *Page 268 law, the qualified taxpaying voters of the city of Hobart authorized said city to issue its negotiable bonds in the sum of $250, 000 to provide funds for the purpose of extending and improving its waterworks system owned and to be owned… In Re Maben Page 601 This action involves an accusation filed against W.N.… In Re Threadgill Page 601 This action involves the disbarment of E.A.… This is an original proceeding in this court wherein the petitioners, Lucille Adams, Sillar Adams, and Creasie Pool, seek a writ of prohibition to be directed against the district court of Muskogee county and against W.J.… This case involves an appeal from an order sustaining a motion for a new trial.… State Ex Rel. Hudson v. Carter Page 617 This is an original action which was brought in this court by certain employees of the Corporation Commission of Oklahoma, who seek thereby to obtain a writ of mandamus against F.C.… Extension Oil & Gas Co. v. Garner Page 628 This is an original proceeding in this court instituted by the respondent before the State Industrial Commission to review an award in favor of the claimant therein.… Greer County Gins v. Dunnington Page 630 Greer County Gins and its insurance carrier, Casualty Reciprocal Exchange, hereinafter called petitioners, petition this court for a review of an award made in favor of C.R.… Smith v. Morris Page 631 This is an appeal from a judgment of the district court of Caddo county, Okla., rendered and entered on April 17, 1933, from which no notice of appeal was given, as required by the provision of section 531, O.… Whitney v. Harris Page 632 This appeal was filed October 6, 1931; after a motion was filed the plaintiff in error was required to furnish a new supersedeas bond within 30 days from that date.… W.E. Sims, hereinafter called claimant, was employed by the board of county commissioners of Garfield county, Okla., hereinafter called petitioner, whose insurance was carried by the Commercial Casualty Insurance Company.… THE COURT. The plaintiff brought the present action to recover damages on account of personal injuries sustained by him while acting as a brakeman in the employ of the defendant.… Cardoza v. White Page 639 This is an action to quiet title. In 1924 Antonio B.… In Re Byers Page 641 By a decree of the Superior Court of the County of San Mateo, of date December 30, 1915, the "Peninsula News" was adjudicated to be a newspaper of general circulation, printed and published in the city of San Bruno, in said county of San Mateo.… Jackson v. Deauville Holding Co. Page 643 Defendants appeal from a money judgment entered in favor of the plaintiff.… Crawford v. France Page 645 This action was brought by an architect for a fee claimed to be due him under the terms of a written contract for professional services in connection with the construction of a hotel building.… McCall v. McCall Brothers Co. Page 648 Plaintiff brought this action for a dissolution of copartnership, for an accounting and for the appointment of a receiver.… People v. Marmillion Page 649 The crime of which defendant has been convicted is murder in the second degree.… In Re Sommers Page 649 The petitioner was convicted of the crime of forgery and sentenced to imprisonment at Folsom state prison, where he was received October 21, 1924.… People v. Navarro Page 652 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Crow v. Board of Supervisors Page 655 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Christy v. Herbert M. Baruch Corp. Page 660 From an order granting plaintiff's motion for a new trial after verdict of the jury and judgment in favor of defendants, the latter have appealed.… Plaintiff's amended complaint alleges that on and prior to August 12, 1930, it was engaged in the production of a certain moving picture and had in its employment and under contract a large number of persons as actors therein, among whom was one Ann Christy; that up to the time mentioned said actress had taken leading… People v. Superior Court Page 670 THE COURT. In an action against one Oliver, the defendant was convicted of attempted grand theft, with two prior convictions of other offenses.… On motion of respondents, under Rule V, subdivision 3, of the Rules for the Supreme Court and District Courts of Appeal, for an order dismissing appeal or affirming the judgment.… Hall v. Johnson Page 674 This is a suit to procure an injunction against respondent, who is commissioner of agriculture of Idaho, restraining him from enforcing against appellant the sections of the code hereinafter quoted.… S.A. Gerrard Co., Inc. v. Fricker Page 678 The Gerrard Company appeals from a judgment against it for damages to Fricker's apiary.… This is a certiorari by the Six Companies, Inc., to the Industrial Commission to obtain a review of an award to Kara W.… J. William Waara, hereinafter called plaintiff, brought suit against John Scarlett, Roy H.… Fennell v. Hauser Page 685 IN BANC. Action by Ray Fennell against Kenneth Hauser, W.W.… State v. Chubb Page 689 The information in this case contains two counts.… Church v. Barnes Page 690 The plaintiffs, since 1919, have been the owners of land riparian to Springbrook creek, a stream which has its source in the hills southeast of the city of Renton.… HOLCOMB, J., dissents. *Page 339 This is a disbarment proceeding.… Highland v. Chas. H. Lilly Co. Page 693 Action by plaintiff, Anders Highland, against Chas.… Bannister v. Cavanaugh Page 695 Fred B. Cavanaugh and his wife were the owners of coal lands in King county, Washington, consisting in part of the E 1/2 of the SE 1/4 of SE 1/4 of NE 1/4 of Sec. 26, Tp.… Armas v. City of Oakland Page 696 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Respondent, as plaintiff, sued to recover the value of certain personal property alleged to have been converted by the defendant.… Nichols v. McDougal Page 699 HOLCOMB, J., dissents. This case presents the problem of where the loss shall fall, as between mortgagor and mortgagee, for the defalcations of a loan broker.… Plaintiff, George W. Radford, being the owner of a tract of orchard land in Yakima county, during the month of February, 1930, leased the same for the period of approximately nine months to John Dietz for the sum of $1,050, of which two hundred dollars was paid in cash.… Still v. Swanson Page 704 This is an action brought by R.G. Still against Frank Swanson to recover damages for personal injuries sustained in a collision between automobiles on the highway between Seattle and Tacoma.… Watson v. Zimmerman Page 707 This action was brought by plaintiff, Donna Watson, against defendant, Theodore H.… State v. Zerfass Page 708 MILLARD, J., dissents. The defendant was charged by information with the crime of murder in the first degree, and pleaded not guilty.… Munger v. Union Savings & Loan Ass'n Page 709 This is a personal injury action brought by Gladys A.… Bown v. City of Tacoma Page 711 Two actions were instituted by Robert F. Bown, Sr., against the city of Tacoma, Paul Lodge and wife, Frank Hiteshue and wife, and Verne L.… In Re the Estate of Auritt Page 713 This is a proceeding to establish and admit to probate a lost will, executed by Rosa Auritt, now deceased.… Hazeltine v. Lyle Page 716 Respondents, as plaintiffs, sued upon two causes of action assigned to them by a co-partnership doing business under a trade name, and at the time of the filing of their complaint they sued out a writ of attachment which, apparently, was duly levied upon personal property belonging to the defendant.… Carlson v. City of Seattle Page 717 This action was brought by appellant, as administratrix of Andrew P.… Bloxom v. Deitchler Page 720 This is another Osner Mehlhorn case. The contest is between the holders of two different sets of mortgage notes, each secured by a mortgage on the same property.… The opinion of the court was delivered by The state board of administration instituted a proceeding before the public service commission to require the’ Chicago, Burlington & Quincy Railroad Company and the Chicago, Rock Island & Pacific Railway Company to build a transfer connection between the two railroads at the… Clifford v. Wilcox Page 722 This is an action to recover for services rendered by plaintiff to defendants under a written contract, by the terms of which plaintiff was employed to procure, or else to collect for, certain corporate stock claimed by defendants to be owing to them.… De Haven v. Evans Page 725 Leona De Haven, as executrix of the estate of Isidore Impens, brought this action to recover from defendants the sum of $880.47, on account *Page 429 of the alleged conversion by them of the proceeds of a check in that amount belonging to the estate.… In his complaint, plaintiff alleged substantially as follows: The corporate existence of defendant Federal Motor Truck Sales Corporation (which will hereinafter be referred to as the Federal Co.) and that defendants F.T.… By this proceeding, relator seeks to have set aside an order of the superior court for King county denying a change of venue, and to obtain a mandate from this court directing the superior court to grant a change of venue from King county to Thurston county in a certain cause there pending.… Richards v. Lawing Page 730 Claude W. Estes and wife owned a vacant lot in Seattle.… This is an appeal from several judgments in consolidated cases entered by the trial court, reversing and cancelling permits issued by the state supervisor of hydraulics authorizing the change of the use of irrigation water from lands to which the water was appurtenant to other lands, some within the same irrigation… State v. Bradley Page 737 Appellant was charged in the court below, by information filed March 28, 1932, of the crime of murder in the first degree, as follows: "He, said Ted Bradley alias George Everette Slate, in the county of King, state of Washington, on or about the 17th day of March, A.D.… Plaintiff, a corporation, brought this action against the defendant, a corporation, to recover certain losses arising out of the operation of a grain elevator at Twin Bridges, Montana.… Carlson v. People Page 745 delivered the opinion of the court. The defendants were jointly convicted of burglary.… Potts v. Bird Page 745 delivered the opinion of the court. Parties will be herein referred to as they appeared in the trial court.… Bereman v. Power Publishing Co. Page 749 E. W. BEREMAN sued the Power Publishing Company, a corporation, Earl Hoage, C.… Bokel v. Zitnik Page 753 AARON Bokel brought an ejectment suit to recover from Anton Zitnik the possession of certain lots in Victor.… PLAINTIFF in error is hereinafter referred to as the company, defendant in error as Mrs. Murphy, and her husband as Murphy.… DEFENDANT in error was plaintiff in the trial court where he filed his complaint, as beneficiary, for recovery on a policy of accident insurance issued to his son, Theodore Brennaman, on the 14th day of February, 1929, by the defendant, who is plaintiff in error here.… Heid Bros. v. Carver Page 756 delivered the opinion of the court. The plaintiff in error company is seeking reversal of a district court judgment recovered against-it by the-defendant in error Carver for damages claimed on account of breach of contract.… Adams v. Bell Page 757 Appeal from an order denying a motion to recall and quash an execution.… Gury v. Gury Page 758 In this cause, after prolonged hearings upon a motion styled "motion to modify interlocutory decree permitting plaintiff to visit and have the minor children", the court made its order authorizing plaintiff wife to have with her the two minor children of these parties, properly clothed and equipped, on stated… Riley v. Johnson Page 760 THE COURT. Petitioners have applied for a writ of mandate to compel the respondent State Treasurer to publish notice, as required by Statutes of 1933, chapter 605, that a certain registered warrant is now redeemable as to both principal and interest.… Hartman v. City National Bank Page 764 This plaintiff sought to rescind a transaction whereby he was induced, through the false and fraudulent representations of defendant Sam Schweitzer, to ex *511 change valuable bonds for stock of such small comparative value as to mark the transaction on its face with probable taint of fraud.… People v. Egan Page 765 THE COURT. Appellant, with two others, was accused of the crime of murder.… People v. Thomas Page 765 Defendant Sam Thomas and one Joseph Matlock were jointly charged with the murder of John Buck, a police officer.… In this proceeding, the return to a writ of review heretofore issued by order of this court discloses the essential facts that on April 29, 1929, one Peter Baker, who was the husband of one of the petitioners herein, was injured in the course of, and arising out of, his employment, at which time he was taken to a… People v. McBride Page 776 Defendant appeals to this court from three judgments which followed his conviction on each of three accusations of the crime of robbery, as well as from a judgment by which he was found to have been sane at the time when each of said crimes was committed; also from three orders by which his motion for a new trial with… Calico-Odessa Mining Co. v. Britt Page 778 This is an action involving the validity of lode mining locations in the Calico Mining District in San Bernardino County.… While plaintiff herein was the holder of what is commonly called a health and accident policy with Washington Fidelity National Insurance Company of Illinois, she became ill.… Certiorari to review an award of the Industrial Accident Commission.… Hollander v. Wilson Estate Co. Page 785 This is the second appeal in the above-entitled action.… Kouts v. Superior Court Page 788 Following a ruling made by the trial court on each of three motions which were presented to said court, each at a time different from that of either of the others, the petitioner herein, who was the "aggrieved" party in the trial court, presented to said court for its settlement thereof her proposed bill of exceptions.… Somo v. Superior Court Page 790 As they affect the application herein for a writ of prohibition, the facts are not in dispute; but that situation is not true with reference to the basic facts upon which it is alleged that the lower court is about to act on a petition presented to it for a writ of mandate, and as incidental thereto, the issuance of a… Flippen v. Abbey Page 792 This is an action on a promissory note for $10,000 dated June 16, 1931, payable on or before six months from date with interest at eight per cent per annum.… In Re Rosenthal Page 794 Habeas corpus. Petitioner is accused of a violation of the State Recovery Act of the State of California, approved August 4, 1933 (chap.… Thomson v. Leak Page 795 By this action plaintiff seeks to recover from defendant certain moneys alleged to be due plaintiff from defendant under the terms of a written contract.… Edwards v. Modoc County Bank Page 797 Plaintiff, as a member of a partnership composed of himself and defendant Meckfessel, brought this action to recover moneys of the partnership which had been unlawfully and fraudulently appropriated *Page 551 by Meckfessel to his own use and benefit in the discharge of certain obligations due from Meckfessel… Edwards v. Modoc County Bank Page 800 This is a companion case to Edwards v. Modoc County Bank, this day decided (Civ.… Sipherd v. Sipherd Page 801 The appellant, the plaintiff below, was granted a decree of divorce against the defendant, her husband on the ground of cruelty.… This is a review of a proceeding of the Industrial Commission.… Morris v. McLendon Page 811 This action was filed in the district court of McCurtain county by Mrs. Sue B.… Edna P. Beatie sued the Consolidated Gas Utilities Company, a corporation, and Roy L.… Johnson Oil Refining Co. v. Guthrie Page 814 This is an original action to review an award of the State Industrial Commission in favor of Lonnie Guthrie, hereinafter referred to as claimant, against the Johnson Oil Refining Company, hereinafter referred to as petitioner.… Johnson v. Island Page 816 This action was begun originally in the district court of Muskogee county and sought to establish a claim in the estate being administered in the county court of Muskogee county involving among other assets the N.… This is an appeal from a judgment of the district court of Garfield county, Okla., denying the prayer of the plaintiffs in error, the plaintiffs therein, for a decree quieting their title to certain real estate which consists of a public road across a quarter section of land which they owned.… This is an original proceeding in this court instituted by the respondent and its insurance carrier before the State Industrial Commission to procure a review of an award in favor of the claimant therein.… Swift & Co. v. Hurley Page 821 This is an original proceeding to review an award of the State Industrial Commission rendered on December 3, 1932, in favor of claimant herein.… O'Brien v. Cummings Page 821 On the 6th day of January, 1932, Will Cummings obtained a judgment in the district court of Coal county, Okla., directing the county treasurer to pay a certain judgment out of the sinking fund, and on the 1st day of July, 1932, the county treasurer filed his petition in error with case-made attached, and on the 10th… Greenwood v. Price Page 822 The receiver of the First National Bank of Bristow appeals from a judgment of the superior court of Creek county, Okla., denying it a mortgage lien on certain property and granting a mortgage lien to Stone Hardware Company, an alleged junior lienholder.… Unger v. Arnold's Iron & Steel Mills Page 824 The defendant in error brought an action against the plaintiffs in error in the district court of Oklahoma county to recover a money judgment for an amount due as rental of real estate which the plaintiffs in error had leased by written contract from the defendant in error.… This is an application for a writ of prohibition by John N.… This is an original proceeding in this court instituted by the respondent and its insurance carrier before the State Industrial Commission to procure a review of an award in favor of the claimant therein.… American Nat. Bank v. Demaras Page 828 The American National Bank of Beggs, Okla., a corporation, as plaintiff, filed suit against J.G.… Globe Indemnity Co. v. Christian Page 830 This is an original proceeding to review an award of the State Industrial Commission.… Clark v. Herbert Page 833 E.M. Clark, as plaintiff, instituted suit against Mary B.… Prairie Oil & Gas Co. v. Fitzke Page 836 This is an original proceeding by Prairie Oil Gas Company and Century Indemnity Company, as petitioners, to review an order of the State Industrial Commission wherein Richard P.… Naylor v. Carter Page 843 On August 12, 1933, the plaintiff made application and was granted permission by this court to file an original action in mandamus against Frank C.… This action involves an award by the State Industrial Commission in favor of respondent, Ralph Chestnut, and against the Mid-Kansas Oil & Gas Company, a corporation, petitioner.… Wynne v. Gibson Page 849 The plaintiff, H.C. Wynne, prosecutes this appeal from the district court of Okfuskee county, where he brought suit against the defendant, P.E.… Muskogee Iron Works v. Goetz Page 853 This is an original proceeding to review an award of the State Industrial Commission.… This action was commenced in the district court of Lincoln county in March of 1929, by Claude Russell Earp as the owner of an undivided interest in certain lands situated in that county.… Slick-Urschel, Inc. v. Mooney Page 867 On October 5, 1932, respondent Jack Mooney was in the employ of Slick-Urschel, Incorporated, engaged in an employment coming under the terms and provisions of the Workmen’s Compensation Law.… Bridges v. State Page 868 Plaintiff in error, hereinafter called defendant, was convicted in the district court of Wagoner county of assault with a dangerous weapon and was sentenced to serve a term of 2 years in the state penitentiary.… Jones v. State Page 869 Plaintiff in error, hereinafter called defendant, was convicted in the district court of Blaine county of the crime of assault and battery with a dangerous weapon, without intent to' kill, and his punishment fixed by the jury at imprisonment in the state penitentiary for a period of five years.… Koch v. Glenn Page 870 On October 21, 1927, appellants entered into a contract to purchase from respondents certain real estate, paying $1,000 at the date of the purchase and agreeing to pay $1,000 each February thereafter, together with interest, until the total sum of $32,000 had been paid.… Oregon Short Line R. R. Co. v. Pfost Page 877 This is an application for a writ of mandate, to require the Commissioner of Law Enforcement of the State of Idaho to approve the applicant's claim for *Page 561 refund of the excise gasoline tax paid by it, under protest, to the state pursuant to the provisions of section 18, chapter 46, Laws of 1933.… Endicott v. Bratzel Page 883 IN BANC. Suit by S.M. Endicott, executor of the estate of Cornelia A.… Darling v. Semler Page 886 Action by Lillian Darling against Dr. Harry Semler.… A. Mather, Inc. v. Elwert Page 888 Section 51-114, Oregon Code 1930, among other things provides: “Any person or persons who shall hereafter clear any land * * * or who shall furnish any materials, powder or explosive for use in clearing or im *348 proving the same, at the' request of the owner, or with his knowledge or consent, shall have a lien on… Northwest Adjustment Co. v. Akers Page 889 Action by the Northwest Adjustment Company against Ora M.… Howard v. Merrick Page 891 Action by Fred L. Howard and wife against M.E.… Smith v. Skinner Page 895 Mrs. Emery Smith, who is the mother of her coplaintiff, Mr. Robert E.… Hood v. Verdugo Lumber Co. Page 897 Motion to dismiss appeal from certain orders and judgments.… Goodfellow v. Goodfellow Page 898 THE COURT. Hearing was granted in this court, after decision by the District Court of Appeal, Fourth Appellate District, for the purpose of giving further consideration to the question of whether or not the finding of the trial court to the effect that the deed was not intended as a mortgage had evidentiary support in… Holve v. Myers Page 903 This is a proceeding in mandamus to compel the respondent, as Controller of the City of Los Angeles, to approve a demand, duly assigned to petitioner, drawn on the water revenue fund of said city in the sum of $1,092.70.… Weil v. California Bank Page 904 THE COURT. This is an appeal from a judgment for the plaintiff in an action for an accounting.… People v. Craven Page 906 The defendant was indicted for the violation of the Corporate Securities Act in that he sold interests in oil and gas leases without a permit from the corporation commissioner.… People v. Day Page 909 This is an appeal from a judgment of conviction and from an order denying a motion for a new trial in an action charging the defendant with the offense of contributing to the delinquency of a minor.… Thuet v. Southern Pacific Co. Page 910 The plaintiff in this action, a minor, had judgment against the appellant in the sum of $6,000, for and on account of injuries sustained when an automobile in which he was riding as a guest was struck by a train belonging to and operated by the appellant.… Pickens v. Coffey Page 914 [1] In this proceeding a judgment creditor sought successfully to subject the homestead of the judgment debtor to execution under the provisions of sections 1245 et seq.… Nieves v. Vigolino Page 916 This is an appeal by plaintiffs from an order granting a new trial in an action for damages for death brought by plaintiffs as the heirs of the deceased.… Ross v. Justice Court of Brawley Tp. Page 917 This is an appeal by one of the parties from an order vacating and discharging a writ of review issued for the purpose of reviewing certain proceedings had in a justice’s court.… Duckworth v. Schumacher Page 919 Plaintiff brought this action to recover $1168 for services performed under an oral contract.… People v. Parker Page 921 Defendant was charged in an information filed by the district attorney with the crime of robbery and the crime of attempted robbery, together with a prior conviction of a felony.… Olson v. Gay Page 922 This is an appeal by defendant from a judgment in an action brought by plaintiff against him as the driver of an automobile.… McCallum v. Maxwell Page 925 The complaint in this action was for the recovery of a specified commission on the exchange of certain real property of the defendant for an apartment house belonging to a Mr. Cooper.… Kerrison v. Unger Page 927 In the forenoon on August 29, 1931, the defendant William Unger was driving an automobile southerly from San Francisco toward San Mateo, for the purpose of locating employment.… Stevens v. Bryson Page 932 Plaintiff brought this action against the administrator of the estate of her deceased husband, seeking the cancellation of a deed.… Plaintiff sued to recover a penalty on a real estate broker’s bond.… People v. Jameson Page 935 The defendant was accused by two counts of an information of the crime of rape and of the crime of lewd and lascivious conduct.… Smith v. Superior Court Page 935 This is a petition for rehearing, after denial by this court of a petition for writ of review of a judgment of the superior court entered on appeal from a judgment of the Municipal Court of the City of Los Angeles.… Ward v. Great Western Power Co. Page 937 These are appeals from orders denying motions for change of venue.… Aragon v. Parsons Page 939 This is a motion to dismiss the appeal or affirm an order granting a motion for new trial, under the provisions of section 3, Rule V, Rules for the Supreme Court and District Courts of Appeal.… Carter v. Carr Page 940 This is a motion by the appellants upon suggestion of diminution of record to have inserted in and made a part of the transcript on appeal the instructions given by the trial court to the jury.… People v. Ramey Page 941 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… People v. Poggi Page 944 This is a bank robbery case. The crime was committed by one Crowley together with another man who, according to the contention of the prosecution, was the defendant Poggi.… People v. Wheeler Page 944 THE COURT. The appellants were convicted in the Superior Court of Sacramento County of a felony, to wit: Robbery of the first degree.… Drumm v. Hart Page 945 Marie S. Hart was operating an automobile in a heavy fog and the machine collided with a freight train, injuring a guest passenger, Ferne Drumm, who thereafter sued Mrs. Hart for damages.… Hellman v. Los Angeles Railway Corp. Page 946 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Richter v. Larabee Page 954 The plaintiff had judgment in the sum of $500 for and on account of the destruction of property on *Page 17 lands belonging to him, by a fire alleged to have been set by the defendant for the purpose of burning grass on lands belonging to the defendant, and which fire it is alleged was negligently allowed to escape… The First National Bank of Sandpoint and the Bonner County National Bank of Sandpoint instituted the present action to foreclose a real estate mortgage executed July 1, 1928, by H.F.… Dorrell v. Norida Land & Timber Co. Page 960 In the spring of 1931, the Norida Land Timber Company (hereinafter called the Company) purchased a complete sawmill plant, frame factory and *Page 795 planing-mill located at Dover, Idaho, about twelve miles from Laclede, Idaho.… Roberts v. Wehe Page 964 On August 1, 1931, respondents instituted this action to quiet title in the district court.… Smith v. White Pine Lumber Co. Page 965 Otto Smith, for whose death compensation is sought herein, husband and father respectively, of appellants, was working for the respondent employer, on a ladder against a lumber pile, which slipped, whereby he fell across another lumber pile at the bottom, and suffered a fractured thigh, July 31, 1931.… Larson v. Callahan Canning Co. Page 967 Decedent, Lizzie Hagen, was in the employ of the respondent, Callahan Canning Company, at Coeur d'Alene, Idaho.… April 22, 1915, the appellant, American Surety Company, became surety upon a depository bond to the state of Idaho for the Fidelity State Bank of Orofino.… Kootenai County v. White Page 977 In response to a call therefor by the board of county commissioners of Kootenai county, Drs.… Nez Perce County v. Dent Page 979 This is an action prosecuted by appellant, Nez Perce County, against respondents, Harry Dent and Fidelity and Deposit Company of Maryland.… Deichert v. Euerby Page 981 May 13, 1930, appellant, to evidence indebtedness he owed respondent, gave him his promissory note and, to secure the payment thereof, pledged to him two diamond rings and gave him a mortgage on an automobile.… State v. Lowe Page 983 Appellant was convicted of transporting intoxicating liquor, and the jury found it to be his second offense.… The Hot Springs Plumbing Heating Company brought suit against Frank Wallace and Fred Standau to foreclose a mechanic's lien for plumbing work done on a building erected by Standau, as lessee of Wallace, on ground belonging to Wallace, in the sum of $717.93.… Todd v. Tierney Page 991 The appellant, as county treasurer of Bernalillo county, appeals from a decree of the district court of said county permanently enjoining him from conducting a sale of real property for delinquency in the payment of taxes for 1931 and 1932, under the provisions of chapter 171, New Mexico Session Laws of 1933, known as… Harris v. Schnitzer Page 1010 Action of claim and delivery by Nora J. Harris against Louis Schnitzer, Jesse Breshears, and Guy Fuller.… Peters v. Dietrich Page 1015 Action by W.O. Peters and another against P.J.… Gomoll v. Temple Page 1018 IN BANC. In the matter of the estate of Robert G.… Hesse v. Mittleman Page 1022 Action by Thelma Hesse against Harry Mittleman.… Israel v. Wood Page 1024 AT an election held on November 8, 1932, Harve E.… Bratton v. Dice Page 1028 PLAINTIFFS in error will be referred to as manager of safety and the commission, the defendant in error will be referred to as Dice.… Reimer v. Town of Holyoke Page 1032 delivered the opinion of the court. Plaintiees in erroi were plaintiffs in the trial court where they sought to restrain certain defendants, being town officials of the town of Holyoke, from carrying out the terms of a contract made by them with Fairbanks-Morse & Company, another defendant, and from an adverse… Kemp v. Pillar of Fire Page 1036 PILLAR of Fire, a corporation, referred to herein as the plaintiff, obtained a judgment against the county commissioners, the assessor and the treasurer of Adams county, referred to herein as the defendants, declaring certain property to be exempt from taxation, ordering the defendants to remove the property from the… People Ex Rel. Wagner v. Torrence Page 1038 PLAINTIFF in error was petitioner in the trial court for a writ of habeas corpus to obtain the custody of his two children from respondent, his divorced wife, defendant in error here.… Tri-State Contractors, Inc. v. Althouse Page 1041 This is an original proceeding instituted in this court by the Tri-State Contractors, Incorporated, and Aetna Life Insurance Company, as petitioners, to review an award of the State Industrial Commission for temporary total disability in favor of the respondent Frank Althouse.… Walker v. Stubblefield Page 1043 This is an appeal from an order setting aside a judgment entered under the provisions of chapter 212, S.… Illinois Valley Trust Co. v. Sells Page 1045 This is an action for foreclosure of a real estate mortgage filed in the district court of Sequoyah county by the Illinois Valley Trust Company against Sol Sells, Katie Sells, his wife, and Jenkins Sanders, on certain lands situated in said county.… State Ex Rel. Shull v. Moore Page 1048 The principal question involved in this appeal is whether the finding of the trial court that a quitclaim deed was not given as a mortgage to secure the payment of certain indebtedness is against the clear weight of the evidence.… Thompson v. Burnett Page 1053 In the trial court T. Guy Burnett, as plaintiff, sued the defendant, Orvel Thompson, for damages for false arrest and false imprisonment.… Stone v. State Page 1057 Plaintiff in error, hereinafter called defendant, was convicted in the district court of Oklahoma *Page 210 county of larceny of an automobile, and his punishment fixed by the jury at imprisonment in the state penitentiary for a period of ten years.… Schmaling v. Johnston Page 1059 OPINION F.W. Schmaling, deceased, commenced an action in the court below against J.H.… Chamblin v. Chamblin Page 1061 Plaintiff's complaint does not state facts sufficient to constitute a cause of action.… Hunnewell v. Hunnewell Page 1062 The plaintiff's verified complaint containing the allegation on residence was properly admitted in evidence.… State v. Morrison Page 1065 By indictment of the grand jury, the defendant (appellant here) was charged in two counts with the crime of asking and receiving a bribe.… Holmquist v. Queen City Construction Co. Page 1066 Augusta street, a regularly dedicated highway forty feet in width, extends beyond the city limits of Seattle and lies partly within the city of Seattle and partly in King county.… State v. Pierson Page 1068 By information, the defendant was charged, under two counts, with the crimes of attempted rape and of assault in the second degree.… Endicott-Johnson Corporation v. Bloom Page 1069 Respondent, as plaintiff, brought this action to recover for merchandise sold and delivered to the defendant Bloom.… Reed v. Department of Labor & Industries Page 1073 This case is here on appeal from a judgment of the court below reversing an order of the industrial insurance division of the department of labor and industries closing the claim of an injured workman.… Osterhout v. Myers Page 1074 Mrs. Irene Osterhout and Mrs. Mary .0. Moore, now deceased, were sisters.… State Ex Rel. Showalter v. Cook Page 1075 HOLCOMB and GERAGHTY, JJ., dissent. This is an action in mandamus to compel the assessor of Thurston county to compute and extend upon the tax-rolls of that county the total amount of the tax levy as made and certified by the state board of equalization on September 23, 1933.… A group of defendant's employees, designated "repair gang," on a work train, moved from place to place wherever needed to perform certain work (putting in rails, ties and gravel and raising the tracks) along the line of defendant's interstate railroad.… State v. Pierce Page 1083 Appellant was charged, tried and convicted in the court below upon an information charging, as summarized: That he did, on or about March 6, 1931, as president and one of the trustees of the Washington Loan Securities Company, wilfully, knowingly, falsely and feloniously make, publish and concur in making and… State v. Pierce Page 1087 By information, filed February 26, 1932, by the prosecuting attorney of King county, defendant was charged with the crime of grand larceny on nineteen counts.… W.H. Hobson, Jr., was on duty twenty-four hours daily as a watchman and general repairman for the Greenwood Logging Company, which had suspended operations.… This appeal is from a judgment of dismissal of an action brought by appellant in its own behalf and as assignee of a similar claim against respondent assigned to appellant for the purposes of the suit, in which appellant sued to recover a refund of a portion of the taxes paid under protest covering three properties in… Hay v. Chehalis Mill Co. Page 1095 This is the second time this case has come before this court on appeal.… Rozzano v. Moore Page 1096 Rose Lusby, being the owner of lot 27 of a plat of orchard tracts in Yakima county, subject to a mortgage for eight hundred dollars secured by a promissory note due December 1, 1931, contracted to sell the north half of the lot, free from encumbrance, to defendant, Alice Moore.… BLAKE, J., dissents. This appeal is from the judgment in the court below affirming an order of the department of public works which denied appellant the right to continue auto freight service between Seattle and certain points near the town of Monroe.… Elterich v. Arndt Page 1102 In an action instituted on the relation of five taxpayers of Clallam county for injunctive relief against ".… Von Herberg v. Nelson Page 1103 In his complaint, plaintiff alleged the existence of a partnership between himself and defendant, and that the partnership had performed under contract a large amount of work for the city of Seattle.… Pacific Mercantile Agency, Inc. v. Keyes Page 1105 On March 26, 1929, the Pacific Mercantile Agency, a corporation, recovered judgment in the superior court against W.H.… Edens v. L. E. Dixon Construction Co. Page 1107 This is an appeal from an award of the Industrial Commission denying further compensation to T.L.… Kaplow v. McCrory Page 1107 In this action, which was instituted to recover for wrongful death, the verdict was in favor of the plaintiff.… Scott v. L. E. Dixon Co. Page 1109 Certiorari to the Industrial Commission on the petition of W.J.… State Ex Rel. Kuhl v. Kaiser Page 1113 This is a proceeding in mandamus to compel the issuance of certificates of election to G.E.… Ernst v. American Co. Page 1115 Judgment affirmed en banc without written opinion. Ernst v. Colburn Page 1115 Judgment affirmed en banc without written opinion. Ernst v. Colburn Page 1115 No appearance for defendant in error. Ernst v. American Surety Co. Page 1115 No appearance for defendant in error. Applicant reinstated -without written opinion.… Arnot v. Arnot Page 1116 Pursuant to stipulation of counsel for appellant and counsel for respondent filed this day, it is ordered that the decree of settlement of the current account of appellant guardian made and given in the district court of the seventeenth judicial district, in and for the county of Valley, on the sixth day of July… Pursuant to praecipe filed by counsel for plaintiff, the action is dismissed without prejudice. Polich Trading Co. v. Walter Scott Page 1116 The appeal in the above-entitled cause is dismissed for want of prosecution. State v. Rosensteel Page 1116 On motion of the Attorney General, it is ordered that the appeal herein be dismissed, the question sought’ to be reviewed having become moot by the enactment of Chapter 108, Laws of 1933, declaring that removal of personal property covered by a conditional sale contract, without consent of the vendor, constitutes… Pursuant to praecipe of counsel for appellant, the appeal herein is dismissed. State Ex Rel. Pappas v. District Court Page 1117 This cause coming on regularly for hearing w&s argued by respective counsel, whereupon it is ordered by the court that a writ of supervisory control issue as prayed for in relator’s petition. State Ex Rel. Orr v. District Court Page 1117 It appearing from the return made by respondents to the order granting an alternative writ of mandate herein that the object for which the writ was granted has been accomplished, the proceeding is dismissed. State Ex Rel. Polich v. District Court Page 1117 Relator’s application for writ of supervisory control herein is denied. Rahles v. Selling Page 1118 This is a suit to enforce an oral agreement alleged to have been made by the late Ben Selling with plaintiffs that if they would remain in his employ until his death or retirement from business he would bequeath to them his clothing store business which he maintained in the city of Portland.… Some years ago, respondents Charles H. Wagner and his wife, being the owners and in possession of a 460-acre farm in Lincoln county, executed a mortgage thereon to appellant in the principal sum of $8,500.… Lewis v. City of Seattle Page 1119 Appellant, as plaintiff, brought this action to quiet title to certain real estate and enjoin the defendant city from interfering with his possession.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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