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All Reporters → p2d → Volume 271

Opinions in p2d Volume 271

A resolution of the Committee of Bar Examiners denying Lionel L. Riave’s application, made under section 6060.8 of the Business and Professions Code, for admission to practice law without examination, declares that he has not complied with all of the statutory requirements. The record upon which the committee acted is before this court upon Riave’s petition to review its determination. (Rules on O...
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John Rix Tyrell seeks to review a resolution of the Committee of Bar Examiners denying his application under section 6060.8 of the Business and Professions Code for admission to practice law without examination. The basis of the committee’s action was the determination that Tyrell had not “entered upon active duty in the armed forces” as required by that section. After serving in the United States...
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I dissent. It is my view that the opinion prepared for the District Court of Appeal (reported at (Cal. *835App.) 260 P.2d 217), authored by Justice Pox and concurred in by Presiding Justice Moore and Justice McComb, adequately discusses and correctly resolves the issues which are presented on" this appeal. For the reasons therein stated, I would affirm the judgment. Respondent’s petition for a reh...
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42 Cal.2d 840 (1954) 271 P.2d 13 Guardianship of the Persons and Estates of HIROKO KAWAKITA et al., Minors. HIROKO KAWAKITA et al., Appellants, v. W.H. LORENZ, as Guardian, etc., Respondent. Docket No. L.A. 22281. Supreme Court of California. In Bank. May 28, 1954. Morris Lavine for Appellants. Horton & Knox, Harry W. Horton and R.L. Knox, Jr., for Respondent. TRAYNOR, J. Hiroko Kawakita and ...
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Plaintiffs appeal from an order of dismissal entered on defendants’ motion to dismiss for failure to prosecute. (Code Civ. Proc., § 583.) Plaintiffs’ complaint was filed on March 4, 1947. An amended complaint, filed on December 11, 1947, alleged that defendants had entered into a conspiracy to defraud plaintiffs of certain real property and that in pursuit of this conspiracy defendant Lorenz procu...
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Plaintiff brought this action to recover damages for personal injuries suffered when his motorcycle collided with an automobile owned by defendants Mr. and Mrs. Stanley, which was being driven at the time by a thief, defendant Rawlings. The complaint alleged that Mr. and Mrs. Stanley were the owners of an automobile, which Mrs. Stanley parked on Stevenson Street near Second Street in San Francisco...
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These two actions, which have been consolidated for trial and appeal, arise from a collision between a truck driven by one of the defendants and an ambulance driven by decedent, who died as a result of injuries sustained in the accident. In one action, Mrs. Gallup, the mother of decedent, seeks recovery for his death, and, in the other, L. B. Brown, the owner of the ambulance, undertakes to recov...
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Prom a judgment rendered by the court, sitting without a jury, awarding additional architect's fees for services rendered by plaintiff’s decedent, both parties appeal. Defendant attacks the judgment in its entirety, while plaintiff’s appeal is “based solely on that part of the judgment wherein” recovery of interest is denied. Por clarity, we shall hereinafter refer to the decedent as the archit...
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From a judgment of guilty of robbery in the first degree after trial before the court without a jury, defendant appeals. There is also an appeal from the order denying his motion for a new trial. Viewing the evidence in the light most favorable to the People (respondent) the facts are: On June 6, 1953, defendant, armed with a knife, together with two other men took from the complaining witnes...
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This action was commenced when plaintiff wife filed a complaint for separate maintenance grounded on the charge of extreme cruelty. Subsequently, she filed a second amended complaint wherein she sought a divorce or, “in the event that the court should determine that plaintiff is not entitled to a divorce, that plaintiff may live separate and apart from defendant.” Defendant husband filed a...
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This is an appeal from an order “denying appellant suit money to prosecute her action for divorce and to cancel a property settlement agreement.” Appellant’s brief further states: “Appellant’s action was filed less than one month after appellee had obtained a default interlocutory decree of divorce. Appellant’s action for divorce was premised on a reconciliation having occurred after the entry of...
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Plaintiff appeals from refusal of the court below to award alimony pendente lite after hearing on her order to show cause. The court concluded the proceeding by ordering “The matter of support of plaintiff is continued to time of trial.” An order was made for attorney’s fees and court costs, from which no appeal was taken. The estranged husband and wife herein had been married for 18 years prio...
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On November 15, 1909, appellants’ predecessors in interest executed and delivered a document to the respondent city of Inglewood providing in part as follows: “That said undersigned first parties, in consideration of the sum of One Dollar to them in hand paid, the receipt of which is hereby confessed and acknowledged, and also in consideration of the benefits to be derived by said first pa...
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Appeal by plaintiffs from an adverse judg ment in a suit to impress a constructive trust on, and for an accounting of profits from, an undivided one-ninth interest in Los Alamos ranch in Santa Barbara County, legal title to which is in defendants. The basis of the suit is that in the year 1913 defendant Valerio Tognazzini, while acting as guardian of the estates of plaintiffs, who were the...
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This is an action to recover a real estate broker’s commission for $20,000. Plaintiff is assignee of the broker, Alden B. Coyne. The cause was dismissed as to defendants Córtese and Bershim and defendant Dinow filed his answer. Thereafter the latter died and the action was revived on motion and a supplemental complaint was served on Celia A. Dinow, as administratrix of the estate of Mike E. Dinow,...
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Three separate appeals are involved here. The first is an appeal from an order for payment of a cash appeal bond in McNulty v. Copp, No. 15769, which bond was posted on appeal therein; the decision on the appeal in that matter is reported in 91 Cal.App.2d 484 [205 P.2d 438]; it will hereafter be called the original action. The second appeal is in Eldridge ...
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This ease and the related case, Tinsley v. Bauer, Civil No. 15784 [post, p. 724, 271 P.2d 116], were consolidated on appeal for argument in accordance with a stipulation of the parties. The subject matter of the two appeals is, however, so distinct that they can better be treated separately. Mrs. Tinsley, a former bookkeeper in the employ of defendant Bauer (who does business under the fi...
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This is an action under section 689, Code of Civil Procedure, to determine title to personal property (bank accounts) levied on under writ of execution based on the judgment in the preceding case (appeal 15854) [ante, p. 714 (271 P.2d 110)]. Clint R. Tinsley, the husband of Frances Tinsley, filed with the sheriff two third party claims and Mr. Bauer, the judgment creditor, filed a petition to d...
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Defendant appeals from two judgments for damages (rendered in separate actions consolidated for trial), resulting from sales of defective suspension plugs to plaintiff. Plaintiff’s complaints comprised counts based on breach of express and implied warranties and negligence in the design and manufacture of such plugs. Defendant pleaded as affirmative defenses contributory negligence, plaintiff’s...
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Plaintiff appeals from a judgment of nonsuit rendered after plaintiff’s opening statement to a jury. The action was based on a conspiracy by defendant paramour to commit assaults and battery upon plaintiff by committing abortions on her and rendering her sterile and causing permanent damage to her female organs and causing her extreme mental suffering. Upon motion for nonsuit after opening st...
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Defendant, Bernard Rainey, appeals in propria persona from his judgment of conviction of first degree robbery, and from the order denying his motion for a new trial. He also complains that the denial of probation was an abuse of discretion. In the municipal court appellant pleaded guilty to the charge of robbery, and the cause was transferred to the superior court to fix the degree of the crime...
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Appellant Mae Miller was charged by information “with the crime of possession of heroin in violation of 'Section 11500 of the Health and Safety Code.” A jury returned a verdict of guilty. Defendant Frank Williams pleaded guilty. A motion for a new trial was denied and defendant Miller appeals from the judgment. Appellant contends, in substance, that the evidence is insufficient to support the verd...
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Plaintiff appeals from a judgment denying her relief in an action for damages to real property. Her home is on Lots 10, 11 and 12 of Tract 798 in the Hollywood Hills. Directly to the east of and adjacent to appellant’s land are Lots 45 and 46 which are contiguous with each other. To the east of Lots 45 and 46 is Lot P, about 30 feet in width and 534.38 feet long. As it approaches Lot 46, L...
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This is one of four petitions for review of an award of disability benefits made by the respondent commission to the respondent Trembath. (See Idaho-Maryland Mines Corp. v. Industrial Acc. Com., post, p. 874 [271 P.2d 155]; Pacific Emp. Ins. Co. and Empire Star Mines Co., Ltd. v. Industrial Acc. Com., post, p. 875 [271 P.2d 155]; and ...
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This petition for review is a companion case to, and presents the same issues as those disposed of in Globe Indemnity Co., v. Industrial Acc. Com., ante, p. 763 [271 P.2d 149], this day filed, and is controlled by the decision in that case. The award is affirmed. Van Dyke, P. J., and Schottky, J., concurred. A petition for a rehearing was denied June 29, 1954....
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This petition for review is a companion case to, and presents the same issues as those disposed of in Globe Indemnity Co. v. Industrial Acc. Com., ante, p. 763 [271 P.2d 149], this day filed, and is controlled by the decision in that case. The award is affirmed. Van Dyke, P. J., and Schottky, J., concurred. A petition for a rehearing was denied June 29, 1954....
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This petition for review is a companion case to, and presents the same issues as those disposed of in Globe Indemnity Co. v. Industrial Acc. Com., ante, p. 763 [271 P.2d 149, this day filed, and is controlled by the decision in that ease. The award is affirmed. Van Dyke, P. J., and Schottky, J., concurred. A petition for a rehearing was denied June 29, 1954....
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On November 26,1952, an indictment was filed against the petitioner herein charging the commission of a felony—subornation of perjury—on the third day of January, 1951. No effort was made to apprehend him until February 22, 1954, when he appeared in Washington, D. C., in opposition to the confirmation of the Governor of the state as Chief Justice of the United States. He was thereupon *750 char...
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In this action two owners of land within an irrigation district joined with the district in an action brought to obtain mandatory and prohibitory injunctions against defendants, who also owned land within the district. Responsive to the pleadings, the trial court found the following : Provident Irrigation District is and at all times mentioned in the complaint was an irrigation district or...
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The petitioner seeks his release on a writ of habeas corpus for the delay in bringing his case to trial within the 60-day period specified in section 1382 of the Penal Code. The facts are without dispute. An information was filed on January 14, 1954, charging the defendant with the crime of grand theft and three prior convictions of a felony. On January 22, 1954, petitioner was arraigned and pl...
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Plaintiff appeals from a judgment based upon an order sustaining a demurrer without leave to amend to her sixth amended complaint. The sixth amended complaint, considered alone, undoubtedly states a cause of action, good, at least, against a general demurrer. But the original complaint, the amended complaint, and the second and third amended complaints, all verified, alleged facts that were des...
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Frank E. Cantwell petitioned the superior court that he be appointed guardian of his sons Frank Edmund, aged 5, and Peter Allen Cantwell, aged 3, alleging that the wife and mother, Clotilda Allen Cantwell, is not a fit and proper person to have custody. Notice was duly served upon Clotilda and the children, also upon the county probation officer as custodian of the children. Clotilda attended t...
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This is an action brought for the support of an unborn child by its mother as guardian ad litem and involves a question of the legitimacy of the child. Annabelle Harbaugh (the mother) and Frank Harbaugh were married in 1932 and there are two children living, the issue of said marriage. They are aged 18 and 20 years. The Harbaughs lived together continuously from the time of the marriage until...
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These consolidated actions to quiet title involve the same legal questions in relation to certain claimed gas and oil interests in real property in Kern County. In the Estribou case the plaintiff alleged that he was the owner of an undivided one-half interest in all oil, gas, and other hydrocarbon substances within or underlying the described land. In the case of L and B Producing and Dril...
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Plaintiff obtained an interlocutory decree of divorce from defendant on March 21, 1951, and it provided that plaintiff be awarded the care, custody and control of their minor daughter, Charlene Marie Smith, then aged about 5 years, “subject to the right of defendant to visit the said child at reasonable times.” This form of order was agreed upon in a property settlement agreement signed by the pa...
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All of the defendants appeal from a judg ment rendered in favor of the plaintiff. The action was commenced against defendant Flemming to recover on two promissory notes given by Flemming to plaintiff. N. H. Development Company and Newton, its president, intervened and filed an answer and cross-complaint. The indebtedness here sued upon is the culmination of a series of transactions, commen...
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The complaint in this action, labeled “Complaint for Libel,” was filed April 23, 1952, names as plaintiff “James J. Campbell, Guardian of Philip Cohen,” and is verified by Campbell, who appeared in the trial court and appears here in propria persona. The libel is alleged to have been uttered by defendant in December of 1945. It relates to Philip Cohen, the brother of Campbell, and prays for $25...
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In 1949 plaintiff leased certain business property, for the purpose of conducting an automobile business, from the Bomalicks for a five-year term. The lease contained the following provision: “2. Said Leasee shall pay as rent for said premises the sum of Seventy-Five Thousand Dollars ($75,000.00), as follows: ‘1 $6,250.00 upon execution of this lease; $1,250.00 on April 1, 1949, and $1,250.00 on t...
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This is an appeal from an order changing the venue of a proceeding from the Superior Court of San Bernardino County to the Superior Court of Los Angeles County. The proceeding is one for a statutory writ of mandate, under section 1094.5 of the Code of Civil Procedure, to review the validity of a final order of the Registrar of Contractors revoking the licenses of the petitioners, for an alleged...
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At about 6 p. m. on January 9, 1954, while Mr. Gaige, who was in charge of the Pasadena incinerator, was counting the day’s receipts, two men entered his office and robbed him. One of them struck him and grabbed what money was in sight; the other carried a revolver. They were in Gaige’s office only a matter of seconds. He was unable to identify them other than that they were colored and between 2...
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In October, 1947, plaintiffs purchased a house and lot from the defendant. The house contained a front apartment of six rooms and a rear apartment of four rooms. There was also a garage which had been converted into a bedroom. Defendant occupied the front apartment except two bedrooms which she rented to different persons. The rear apartment and the garage-bedroom were also rented. In April, 19...
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Plaintiff Barbara Jean Fritz is the daughter, by a former marriage, of decedent Elmer Butler Thompson. Defendant Francoise B. Thompson, the surviving wife, is executrix of his estate. Plaintiff’s claim against defendant executrix for $5,000 is predicated, in the first cause of action, upon a claim filed in his estate. In the second and third causes of action the allegation is that the defe...
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Plaintiff recovered judgment of $149,560.84 against A. T. Jergins, Lowell Stanley and Charles P. Cotton, as executor of the Last Will and Testament of Charles M. Cotton, deceased. The amount was determined to be the reasonable value of plaintiff’s services in introducing one John W. Lee, a representative of Smith, Barney and Company, a New York investment partnership (hereinafter called Smith-Barn...
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From a judgment in favor of plaintiff in an action to recover upon a written guaranty of an account, after trial before the court without a jury, defendants Timothy L. Woods and James Woods, hereinafter referred to as defendants, appeal. Facts: * Defendant American SMW Corporation became indebted to plaintiffs’ assignor for goods, wares and merchandise furnished to said...
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In a complaint filed in the Justice Court of the Victor Judicial District it is alleged that the defendant engaged in the business of contracting and acted in the capacity of a contractor without having a license therefor in violation of section 7028 of the Business and Professions Code. A contractor is defined in section 7026 of the Business and Professions Code as follows: “The term cont...
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This is an appeal from a judgment in favor’ of the defendants in a claim and delivery action involving the possession of an automobile. The appellants contend that the evidence is not sufficient to sustain this judgment. The record before this court does not include either a settled statement of facts or a reporter’s transcript, of the oral proceedings before the trial court. Under these circumsta...
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This is an appeal from an order of the trial court cancelling a judgment and writ of execution under the provisions of Code of Civil Procedure, section 675b. This order was in favor of, and relates solely to the defendant, Clifford C. Anderson, who is also known as C. C. Anderson. Hereinafter he will be referred to as respondent, and the plaintiffs will be referred to as appellants. This procee...
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The opinion of the court was delivered by This was an action in replevin and from an adverse judgment the plaintiff appeals. The abstract discloses that plaintiff commenced its action by filing its bill of particulars in the magistrate court of Johnson county seeking to recover possession from the defendant Warsop of a particularly described Ford automobile, hereafter referred to as ...
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The opinion of the court was delivered by This was an action by the widow (joined by the Kansas administrator of the estate of Joseph B. Crawford, deceased, as a nominal plaintiff) to set aside a deed executed by decedent a few weeks prior to his death. The defendant grantees are the adult children of deceased by a former marriage. Briefly summarized, it may be said the second amended petitio...
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*527The opinion of the court was delivered by This was an action to recover on a note secured by a mortgage on real estate and for the foreclosure of the mortgage. Judgment was entered for the plaintiff and defendants appeal. In his petition plaintiff alleged that he was the duly appointed and qualified executor of the last will of Thomas A. Reber, deceased; that on August 1,1946, defendants exec...
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The opinion of the court was delivered by This is an action for personal injury alleged to have been caused by the negligence of defendants, The Atchison, Topeka & Santa Fe Railway Company, and The Topeka Transportation Company, Inc., both corporations. The appeal is from an order of the district court sustaining the demurrer of the transportation company to the petition of plaintiff. The...
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The opinion of the court was delivered by This was an action for damages for personal injuries sustained by plaintiff alleged to have resulted from the negligence of defendant. The trial court sustained defendant’s demurrer to plaintiff’s evidence and she has appealed. We think it unnecessary to summarize the pleadings further than to say that the relationship of the parties is not c...
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The opinion of the court was delivered by This was an action in peaceable entry and forcibledetainer and for recovery of money on a verified account for rent due. From an adverse judgment, one of the two defendants has appealed. The action was filed in the city court of Wichita and personal service of summons was made on defendant DeHay. Subsequently plaintiff filed a motion to make Ora Mae S...
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*466 The opinion of the court was delivered by This was an action by a two-year-old child by his father to recover damages alleged to have been sustained when the defendants maintained upon premises under their control a conveyer alleged to be dangerous to children of tender years by reason of their inability to appreciate the peril ..they incurred by playing upon it, commonly kn...
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The opinion of the court was delivered by This is an action to reform a written cattle-feeding contract to conform to an alleged prior oral agreement between the parties, and to recover judgment for an alleged balance due under the contract as reformed. As a basis for reformation plaintiff alleges *509fraud and misrepresentation by defendant’s agent in inducing him to sign the contract. Defendant...
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The opinion of the court was delivered by This is an action to reform a written cattle-feeding contract to conform to an alleged prior oral agreement between the parties, and to recover judgment for an alleged balance due under the contract as reformed. As a basis for reformation plaintiff alternatively alleges mutual mistake of the parties and fraud. Defendant has appealed from an order over...
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The opinion of the court was delivered by This was an action for damages for personal injuries sustained in a gas fire. Upon a trial the jury returned a general verdict for plaintiff and answered special questions. Defendant filed a motion for a new trial which was considered by the court and overruled and judgment was rendered for plaintiff upon the general verdict. Defendant has appeale...
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The opinion of the court was delivered by This was an action in mandamus wherein the plaintiff, Charles V. Kenoyer (appellee), sought to compel the defendants, the State Board of Barber Examiners and individual members thereof (appellants), to issue unto him a certificate of registration to practice as a barber within the state of Kansas. From a judgment in favor of plaintiff, defendants ...
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176 Kan. 572 (1954) 271 P.2d 271 W.F. HOWELL, Appellee, v. COOPERATIVE REFINERY ASSOCIATION, a Cooperative Corporation, W.A. GRANT and ELAINE GRANT, Appellants. (WICHITA BANK FOR COOPERATIVES, a Federal Cooperative Corporation, Defendant.) No. 39,453 Supreme Court of Kansas. Opinion filed June 12, 1954. J.B. McKay, of El Dorado, argued the cause, and Ralph E. Hoke, of Prairie Village, and James B...
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The opinion of the court was delivered by This was an action in which the plaintiff sought to have his interest in an oil and gas lease determined. The defendant Cooperative Refinery Association, later referred to as C. R. A., and its co-defendants Grant demurred to plaintiff’s petition and that demurrer being overruled, an appeal to this court was perfected by them. The following facts are discl...
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The opinion of the court was delivered by This was an action to cancel an oil and gas lease and to quiet title to real estate. A demurrer to plaintiff’s evidence was sustained, and plaintiff appeals. Omitting the formal parts, plaintiff Grace D. Baker, in her petition filed April 10, 1953, alleged she was the owner in fee simple of the real estate in question. In June, 1948, as lessor, she ex...
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The opinion of the court was delivered by This is an action by the named beneficiary to recover on a group life insurance policy. Judgment was in favor of plaintiff, and defendant insurance company has appealed. The evidence disclosed substantially the following facts: In July 1943 defendant company issued its group life insurance policy covering employees of the Consolidated Flour Mills Company (...
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The opinion of the court was delivered by This is an action by an automobile passenger to recover damages for personal injuries sustained by her as the result of a collision between two automobiles at the intersection of two county roads. The appeal is from an order sustaining a demurrer to the plaintiff’s evidence and a judgment for costs. No questions are raised respecting the plea...
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The opinion of the court was delivered by This was an action to recover damages alleged to have been sustained when plaintiff was allegedly unlawfully dispossessed of agricultural land. The appeal is from an order of the trial court striking allegations from the petition. The petition alleged on September 1, 1946, defendant Brady and wife leased two quarter sections of land to one John Young for a...
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The opinion of the court was delivered by Plaintiffs, Oscar Lyon and Dale Lyon, doing business as the Salina Coffee House, instituted an action on an insurance *412 policy to recover for the loss of an automobile on the theory it was lost by theft. Judgment was for the defendant insurer and plaintiffs appeal. In view of this court’s conclusions it is deemed unnecessary to narrate the testim...
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The opinion of the court was delivered by This was an action to recover for personal injuries alleged to have resulted from defendant’s negligence. The defendant’s demurrer to plaintiff’s petition was overruled and defendant has appealed. We here note that subsequent to the filing of the action the defendant died and that the action against him was revived against his administrator. So far ...
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The opinion of the court was delivered by This was an action to recover damages for injuries sustained in colliding with an alleged defect in a city street. The appeal is from an order overruling a demurrer to the amended petition. Whether the amended pleading, hereinafter for purposes of brevity referred to as the petition, states facts sufficient to constitute *504 a c...
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The opinion of the court was delivered by This is a controversy between a wife and children over the estate of a deceased husband and father in which all parties are dissatisfied with the decision of the trial court. The plaintiff appeals and the defendants cross appeal. John G. Norton, a resident of Lincoln County, Kansas, died testate on March 23, 1937. On the date of his death he was the owner ...
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The opinion of the court was delivered by Plaintiff instituted an action against Hal R. Hamil and the St. Louis and San Francisco Railway Company, to recover damages for personal injuries and property damage. The defendant Hamil is not involved in this appeal. The other defendant appeals from an order overruling its general demurrer to plaintiff’s petition. The material portion of the pet...
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271 P.2d 312 (1954) ATCHISON, T. & S.F. RY. CO. v. AYNES. No. 36010. Supreme Court of Oklahoma. May 4, 1954. Rehearing Denied June 8, 1954. Rainey, Flynn, Green & Anderson, Oklahoma City, Neal A. Sullivan, Newkirk, for plaintiff in error. Ross & Ross, Newkirk, George Miller, Ponca City, for defendant in error. CORN, Justice. Plaintiff brought this action to recover damages for persona...
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In 1918 Emma Amall and Elizabeth MacFate resided in Washington, D. C., where they were government employees. They had acquired the land (80 acres) herein involved by government patent, issued on behalf of the Chickasaw and Choc *316 taw Indian Nations, conveying- fee-simple title subject only to the government’s reservation of the coal and asphalt rights in the land. December 24, 1...
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This action was commenced by D. B. Sears, hereinafter called plaintiff, to recov*320er $742.50 for work and labor performed and is against Board of Education, Joint Independent School District No. 35, Johnston County, defendant. An original and an amended petition was filed. Defendant demurred to the petition as amended and the demurrer was sustained. Judgment was entered for defendant and plainti...
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The parties will be referred to herein as they appeared in the trial court. Plaintiff, Frances , A. Lawrence, brought action against P. L. Eicher, defendant, seeking damages for the wrongful death of her four year old son, alleging that defendant negligently drove his car at an excessive rate of speed, failed to keep a proper lookout for the child and failed to sound the automobile horn and ran ov...
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On July 11, 1951, Robert A. Boyd, respondent herein, filed a claim for compensation under the Workmen’s Compensation Law against Warren-Bradshaw Drilling Company, employer, and its insurance carrier, petitioners herein, wherein he states that on June 6, 1951, while in the employ of the drilling company he sustained an accidental injury to his back resulting in some permanent disability to his per...
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Clarence Eller, hereinafter called claimant, filed his first notice of injury and claim for compensation stating that on September 2, 1952, while employed by the Lone Star Steel Company, he sustained an injury to his right knee. The State Industrial Commission entered an award for $675 temporary disability and $875 for 35 weeks as payment for permanent partial disability to the right leg. This pr...
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271 P.2d 329 (1954) In re CONCER'S ESTATE. DOBSON et al. v. MACOM et al. No. 35933. Supreme Court of Oklahoma. May 25, 1954. *330 Hulsey & Hulsey, McAlester, for plaintiffs in error. Windham & Windham, Poteau, for defendants in error. BLACKBIRD, Justice. Plaintiffs in error, hereinafter referred to as appellants, are the first cousins of the deceased, Mary Ann Concer, who, at the time of ...
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(dissenting). The majority opinion holds that there was a substantial compliance with the terms of the statute sufficient to give the district court jurisdiction and gives a liberal construction thereto. This is in direct conflict with our previous decisions as will hereinafter more fully appear. In the instant case notice of appeal to the District Court from the decree of distribution entered by ...
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On April 13, 1951, St. Louis-San Francisco Railway Company, plaintiff in error, filed an application with the Corporation Commission to discontinue the maintenance of a regular station agent at Sasakwa, Oklahoma. This application was denied and the railway company appeals. The railway company introduced the total station revenue over a period of two years preceding the date of the hearing ...
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This is an original proceeding in this court to review an award of death benefits under the Workmen’s Compensation Law, 85 O.S.1951 § 1 et seq., made by the State Industrial Commission, to the claimant, Annabelle Cunningham, as the widow and sole surviving heir of her deceased husband, Charles W. Cunningham, against his employer, D. P. Greenwood Trucking Company, and its insurance carrier, Coal O...
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This is an action wherein plaintiffs seek to recover damages for the alleged faulty construction of a concrete driveway upon plaintiffs’ premises located in Oklahoma City, Oklahoma. C. C. Curnutt and Frances Curnutt, plaintiffs in the trial court, will be referred to as plaintiffs, and F. A. Cox and George H. Smith, defendants below, will here be referred to by their proper names. In plaintiffs...
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271 P.2d 345 (1953) DANNENBURG v. DANNENBURG et al. No. 35092. Supreme Court of Oklahoma. June 23, 1953. Rehearing Denied September 15, 1953. Dissenting Opinion June 8, 1954. Application for Leave to File Second Petition for Rehearing Denied June 8, 1954. *346 Wayne W. Bayless, Oklahoma City, Harry D. Moreland, Tulsa, for plaintiff in error. John J. Southwick, William A. Harrington, Hurst & H...
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The Panoma Corporation owns extensive oil and gas leases in the Guymon-Hugoton gas field in Texas County, Oklahoma. Gas in large quantities is taken therefrom daily pursuant to a contract between Panoma and The Natural Gas Pipeline Company of America. This contract was made and this gas taking began before the State Corporation Commission by its orders Nos. 19514 and 19515 fixed the price at not l...
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The Bank of Chelsea as plaintiff brought this action on a promissory note in the amount of $5,000 executed by Twin River Sales, Inc., a corporation, and endorsed by J. V. Murph and William Yaffe in the District Court of Rogers County against William Yaffe alone. The petition alleges that William Yaffe is a non-resident of the State of Oklahoma and cannot be personally served with summons in Rog...
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Petitioner, Organ Hudspeth, had been the husband of Elnora Hudspeth, and was the natural father of Charles Hudspeth, the minor whose custody is involved herein. Prior to the boy’s birth the mother had sued petitioner for divorce. In January, 1938, shortly after his birth, the mother was granted a divorce and custody of the boy and an older sister. The decree also required this petitioner to pay $...
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Plaintiffs brought this action seeking to establish, by way of reverse condemnation, their right to recover damages and compensation, which they alleged resulted from defendant’s acts in construction of the Turner Turnpike, performed by virtue of the powers vested in the Oklahoma Turnpike Authority. Plaintiffs own a 160-acre homestead located near the Turnpike. Prior to construction of the...
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Perchie Hooks brought this action against Will Evans in the District Court of Carter County for damages allegedly resulting from a dog bite by defendant’s dog. Pertinent to the questions herein raised and in conformity with the allegations of her petition plaintiff’s evidence reasonably tends to show that Will Evans owned a farm adjoining plaintiff’s farm; that he was the owner of a mixed Collie a...
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This is an original proceeding in this court to review an award of the State Industrial Commission, made under the death benefit provisions of the Workmen’s Compensation Law against the respondents therein, Continental Baking Company, the employer, and Liberty Mutual Insurance Company, its insurance carrier, in favor of the claimant, Della Anna Rankins, for the death of her husband, Ernest Clyd...
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Jeff and Elba Biffle, hereinafter referred to as plaintiffs, brought suit in the District Court of Hughes County against Mohawk Drilling Company, hereinafter referred to as defendant, on two causes of action. The first cause of action was for the recovery of damages to plaintiffs’ land resulting from alleged negligent and unlawful acts of the defendant and the second cause of action was for the re...
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Plaintiffs, the surviving widow and children of Antonio M. Martie, deceased, brought this action in the District Court of Lincoln County against defendants Anna L. Freeman, Ernest Martie, Billie Fell, and the named heirs of Amelia Win-kleman, deceased, to establish a trust in certain lands now held by said defendants and establish their ownership therein. Separate demurrers of defendant to the ...
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The people of Independent School District Not 6, in Bryan County, voted, for the fiscal year beginning July 1, 1953, the additional levy of 5 mills, authorized for erecting public buildings by Art. 10, Sec. 10 of the Oklahoma Constitution, to be used for erecting an additional vocational agricultural building for said district; and the County’s Excise Board made an appropriation of $2,806.90 th...
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The defendant Baxter Lee Harrell, Jr., was charged by an information filed in the County Court of Comanche County with the unlawful possession of two cases of whiskey. A jury was waived, the defendant was tried, found guilty, and sentenced to serve 30 days in the county jail and pay a fine of $100. The sole issue presented on appeal is whether the trial court erred in overruling the motion to supp...
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*424OPINION By the Court, This appeal presents the question as to whether a certain school building erected by school authorities upon land of another was and remained personal property of the school authorities subject to removal by them under the circumstances hereinafter stated; or whether it became a fixture and a part of the realty subject to a dedication for public school purposes and revert...
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The appellant is lessee of a building owned by appellees, where appellant operates a department drug store. The lease contains the following provisions, among others: "Article II “Use of Premises “With the appurtenances to be used for a retail drug department store. “Article III “Term and rent “To have and to hold * * * to pay the said Lessor as rent for the said described premises, t...
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On July 20, 1952, George Mellas, nine years, one month and four days old, was drowned in a pond located on a tract of land belonging to the defendants. Subsequently this action was. brought by his, father, Mike Mellas, as administrator of his son’s estate, to' recover for his alleged .wrongful death. § 24-101 et seq. 1941 Comp. A jury trial resulted in a verdict and judgment in favor of the pla...
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The appellee following a jury verdict in her favor was given judgment for $12,000 against the estate of her former husband Jim L. Baldwin, now deceased, which she claimed to be owing to her on a note for such amount given as her share of community property following their separation in the year 1944. The claimant testified the note had been lost and nothing had been paid on it. The appellant attac...
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Appellant, plaintiff below, instituted this action for damages • for personal injuries sustained by her allegedly resulting from being struck by an automobile driven by appellee. • The accident occurred about 7:00 p. m. May 31, 1952, on East Central near the center line, and some 60 feet west of the intersection of East Central and Adams Street. On the day in question appellant had worked ...
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271 P.2d 411 (1954) MILLER v. MILLER. No. 17092. Supreme Court of Colorado, En Banc. June 1, 1954. Walter A. Ballou, Denver, for plaintiff in error. Maurice W. Konkel, Sterling, for defendant in error. Wagner & Wyers, Denver, amici curiae. MOORE, Justice. Plaintiff in error, to whom we will hereinafter refer as the wife, and defendant in error, hereinafter designated as the husband, were marr...
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delivered the opinion of the court. On March 7, 1952 Delos D. Potter, defendant in error, *449 hereinafter referred to as Potter, filed his complaint under Rule 105 R.C.P. Colo, against fifty-one defendants, in addition to “unknown parties,” seeking a decree to adjudicate the rights and interests of all parties in and to certain unpatented mining locations and to quiet Potter’s title thereto....
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Judgment affirmed en banc without written opinion....
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Judgment affirmed en banc without written opinion....
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By petition filed May 28, 1954, in the office of the clerk of this court, the petitioner Juanita Collins Butts shows: That in Cause No. 3217 in the district court of Sanders County, Montana, the Honorable C. E. Comer, a district judge presiding in such court and cause, on May 14, 1954, rendered and caused to be entered a decree against the petitioner Juanita Collins Butts by which she claims to be...
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Horace D. Bell, plaintiff and respondent, instituted this action in the district court for the purpose of obtaining a declaratory judgment determining the rights and status of himself and others similarly situated, and those of the Montana state highway commission, defendant and appellant, with relation to the application of class A fees provided for in Chapter 139, Laws of 1953. After hearing, th...
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— We are here called upon to construe the statutory requirements that a copy of any order, decision, or award of the department of labor and industries shall be mailed to the workman, beneficiary, employer, or other person affected thereby, and if the same is a final order, decision, or award, there shall be printed thereon a statement “. . . that such final order, decision, or award must ...
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— Arlene M. Saville brought this action against Allison W. Saville to obtain an annulment of their marriage, upon the ground of fraud. An order of default was obtained, and, after hearing, a decree of annulment was entered. The prosecuting attorney of King county appeals. Respondent wife has not filed a brief in this court. It is appellant’s position that the grounds alleged and concededly prov...
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— Is the petitioner in a proceeding to modify the child custody provisions of a divorce decree entitled to a change of judges from the judge who entered that decree, upon filing a motion and affidavit of prejudice in compliance with Rem. Rev. Stat., § 209-1, and Rem. Supp. 1941, § 209-2 (codified with slight changes in RCW 4.12.040, 4.12.050) ? Respondent’s return shows the following facts...
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— This suit began as an action in replevin to recover possession of an automobile or for the sum of twenty-seven hundred dollars, the alleged value thereof, together with attorney’s fees in the sum of four hundred dollars. The action grew out of a dispute between plaintiff and defendants as to the contract price for the automobile. Plaintiff alleged that the contract price was $2,805.62 and that $...
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— In this case, the court found that respondent contracted with appellants to perform the necessary work and labor and furnish the materials for the decorating and painting of parts of the interior of a dwelling house, and that appellants agreed to pay to respondent the reasonable value and cost of such labor and materials. Also that respondent contracted to paint the ceiling of the living room fo...
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— The principal question in this appeal by a mother, arises out of her challenge to the factual conclusions of the trial court, upon which it based its dismissal of her petition to modify the child custody provisions of a divorce decree. Two children are involved, a boy, aged four, and a girl, aged two, at the time of the modification hearing. Their mother and father were divorced September 16,...
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*350 On Petition for Rehearing. Plaintiffs, hereinafter referred to as respondents, brought an action to recover $614.17 for goods, wares and merchandise sold and delivered to Motor Center of Pocatello, Inc., hereinafter referred to as vendor, and from Motor Center of Pocatello, Incorporated, hereinafter referred to as vendee. The vendee bargained for the purchase in bulk of the stock of me...
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2 Utah 2d 170 (1954) 271 P.2d 449 EAST BENCH IRR. CO. ET AL. v. DESERET IRR. CO. ET AL. No. 7990. Supreme Court of Utah. May 28, 1954. E.R. Callister, Jr., Atty. Gen., Robert B. Porter and John W. Horlsey, Salt Lake City, Nephi J. Bates, Richfield, Dudley Crafts, Delta, Sam Cline, Milford, Ferdinand Erickson, Richfield, Marr, Wilkins & Cannon, Richard H. Nebeker, Salt Lake City, for appellant...
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Three cases consolidated for trial and on this appeal involving the same issues. Plaintiffs and appellants brought these cases to quiet title to certain so-called accretion land located in Utah County. Appellants also prayed in the alternative, that in the event title is not quieted in them, that they be granted a lien and foreclosure tljerqof, for purchase price paid for their tax deeds and paym...
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This is an appeal from a judgment of the superior court of Maricopa County enjoiningL-appellants from constructing, maintaining and using any structures, buildings or other improvements upon certain lots located upon the southeast corner of the intersection of Seventh and Glendale Avenues of Maricopa County, Arizona. The facts are that Reese Verner and wife are the owners of the property involv...
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This is an original petition by L. S. “Dick” Adams, designated as plaintiff but herein referred to as petitioner, seeking a writ of mandamus to require Wesley Bolin, Secretary of State, designated as defendant but herein referred to as respondent, to accept certain nomination papers tendered by petitioner, who is a candidate at the primary-election to be held on September 7, 1954, for the Democ...
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Appellant, Tucson Warehouse & Transfer Co., Inc., a corporation, as plaintiff, filed a complaint against appellee, Al’s Transfer, Inc., a corporation. The parties will be referred to herein as plaintiff and defendant. The complaint sets forth in substance the following facts: That on August 8, 1949, the Arizona Highway Department, Division of Motor Vehicles, pursuant to the provisions of sectio...
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This is an appeal from a judgment in favor of appellees against appellants commanding appellants to forthwith remove all barriers and other obstructions placed by appellants on that public road designated and known as Fourth Street running north and south between Grand Canal on the north, and Grand Avenue on the south, approximately three miles northwest of the city limits of the city of Phoeni...
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Appellants, Howard J. Whitlock et ux., who were the plaintiffs in the trial court, brought this action against defendant-appellee, O. E Boyer, Chief of Police of the City of Prescott, for damages in the sum of $25,000 for false arrest and imprisonment. The facts leading up to the arrest are that plaintiffs left Los Angeles, California, on the morning of June 27, 1949, to visit Mrs. Whitlock’s fat...
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43 Cal.2d 77 (1954) 271 P.2d 489 ELLA E. HARROLD, Plaintiff and Appellant, v. ELLSWORTH HARROLD, Defendant and Appellant. Docket No. Sac. 6317. Supreme Court of California. In Bank. June 15, 1954. *78 David Livingston and Louis F. DiResta for Plaintiff and Appellant. Devlin, Diepenbrock & Wulff and A.I. Diepenbrock for Defendant and Appellant. SHENK, J. In this action for divorce a decree was...
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Plaintiff, A. W. Chastain, brought an action for damages for conversion against defendant, Frank Belmont. Defendant cross-complained for “Money on a Book Account and for Liquidated Damages. ’ ’ Findings of fact, conclusions of law, and a judgment were entered, and both parties appealed. The pleadings show that the parties entered into a certain agreement entitled a “Consignment Contract” in Aug...
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This is an eminent domain proceeding to condemn for freeway purposes approximately 17 (possibly 23) acres 1 of land (designated in the complaint and herein as Parcel 2A) out of a 100-acre tract owned by defendants. The trial court ruled that by the taking of Parcel 2A defendants became entitled not only to the value of that parcel but also to severance damages, if any, to their remai...
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Leonard Daniel Mahan, James Bartley Carrigan and Don Eugene Hall were charged by information with the offenses of kidnaping for the purpose of robbery, and with armed robbery. They were found guilty by a jury. Mahan’s motion for a new trial was denied and he appeals from the judgment and the order denying him a new trial. Appellant says “The record in the instant case may be likened to a strange a...
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The Merrill Elementary School District of Tehama County has appealed from an order denying its petition in the superior court to have declared invalid certain proceedings taken to annex that district with Corning Union Elementary School District. It is the claim of appellant that the proceedings were fatally defective in that the governing provisions of the Education Code were not followed. The...
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From a judgment in favor of defendants, after trial before the court without a jury, in an action for declaratory relief, accounting and damages, plaintiff appeals. *88 Facts: Magnor Petroleum Company, hereinafter referred to as Magnor, was the holder of certain gas and oil leases located in Los Angeles County. On May 4, 1949, Magnor assigned the oil and gas leases to defendants. At the sam...
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These companion cases present a demand for a writ of mandate to the superior court requiring the dismissal of a criminal action because trial was not had within 60 days after the finding of an indictment as required by section 1382 of the Penal Code. The defendant Barrish in case Number 16232 has filed an identical petition with that in 16231 and has asked for the same relief. The two cases will ...
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Elizabeth Perske, the plaintiff, is the second and present wife of defendant Dr. Frederick Perske, an osteopath. Pearl Perske, a defendant and the cross-complainant, is the first wife of the doctor. Elizabeth brought an action against her husband and Pearl to quiet her title to a lot in Pebble Beach. Pearl responded with a cross-complaint, charging that the property in question was the property of...
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This is an appeal from an adverse judgment denying a writ of mandate following a review of the proceedings before the San Francisco Police Commission in which petitioner and appellant was fined for dereliction of duty. The appellant, a captain in the San Francisco Police Department, was charged with the violation of section 141 of the rules of the department which read: “Section 141 of Rules and R...
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The appellant instituted the present action for divorce against the respondent husband, and also against the husband’s parents on the theory that a conspiracy existed in reference to the holding of certain property and alleged concealment and disposal of community property. The trial court found in favor of the appellant wife in reference to the divorce issue, and found “That none of the allegatio...
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From a judgment in favor of defendants predicated upon the sustaining without leave to amend of their demurrer to plaintiff’s second amended complaint in an action to recover damages under section 377 of the Code of Civil Procedure for the wrongful death of plaintiff’s two children, plaintiff appeals. Facts: The second amended complaint purports to allege eight causes of action. The...
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Action to recover damages from personal injuries sustained by plaintiff when a defective lighting pole collapsed while he was working at the top of it. In a jury trial plaintiff had judgment for $40,000. Defendant Charles Menveg appeals. The implied findings were that at the time of the accident defendant was the party in possession and control of the premises, plaintiff was on the premises and...
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Appellant was tried before a jury on six counts—counts 1 to 4, possession of narcotics in violation of section 11500 of the Health and Safety Code; count 5, maintaining an establishment where narcotics were unlawfully sold, given away or smoked in violation of section 11557, Health *120and Safety Code; and count 6, possession of a firearm capable of being concealed on the person by a noncitizen. A...
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From a judgment in favor of plaintiffs after , trial before the court without a jury in an action to recover for attorney’s fees, defendant appeals. Facts-. It was alleged in the complaint: Count I, that defendant became indebted to plaintiffs in the aggregate sum of $20,000, on which the balance of $16,200 remained unpaid, for the reasonable value of legal services rendered by plaintiffs o...
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Respondents purchased certain tractors and trailers from appellant on a conditional sales contract *36 for a total price of $26,527, of which $1,027 was paid at the time of execution of the contract on September 29, 1951, leaving a balance of $25,500 to be paid in 51 consecutive weekly installments of $500 each. One of the trailers subsequently was destroyed and appellant, thr...
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The defendant was charged with possession of marijuana in violation of section 11500 of the Health and Safety Code. He was further charged with a prior conviction of the crime of smuggling and concealing marijuana, on which he served a term in a federal prison. The public defender was appointed to represent him. He pleaded not guilty, and admitted the prior felony conviction. The jury found him gu...
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Richard Hanson died intestate and without children on June 18, 1952. Thereafter, his next of kin, referred to herein as the “husband’s relatives,” filed a petition in the probate proceedings, claiming to be the heirs of Richard entitled to the distribution of his estate. This petition was opposed by contestants, all of whom are the next of kin of Richard’s predeceased wife. The administratrix o...
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This appeal is from an order denying a petition for coram nobis which sought the vacation of a judgment of conviction of violating section 288, Penal Code. The *209 appeal has been well briefed and argued by counsel appointed by this court at appellant’s request. The sole ground relied upon is that the failure of the trial court to require a report of the probation officer before sentencing a...
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This is an action for damages for personal injuries suffered by a pedestrian when struck by an automobile. The jury returned a verdict for defendant. Defendant appeals from an order granting plaintiff’s motion for a new trial on the ground of insufficiency of the evidence to sustain the verdict. On appeal from such order, the issue is whether there was evidence which would have sustained a judgmen...
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Jacob E. Siu, defendant in this ease, was a sheriff’s deputy in Los Angeles County assigned as bailiff to one of the criminal courts. He proposed to a fellow deputy, who was in the sheriff’s narcotic detail, that that deputy supply him with narcotics for sale. Defendant said, “Do you have any connections for narcotics? I want something big. I have a connection that could handle any big quantity w...
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This is an appeal by the defendants from an interlocutory judgment in condemnation. On February 15, 1952, the city of Pasadena filed condemnation proceedings for the acquisition of certain property in the San Rafael section of the city for a library site. For more than two years prior to filing this action, the board of directors of the city considered various sites in this locality for a ...
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From a judgment in favor of plaintiff in an action to recover wages under section 1194 of the Labor Code, after trial before the court without a jury, defendant appeals.* *86Facts: Plaintiff filed an action for wages under section 1194 of the Labor Code alleging nonpayment for straight time work performed for her first cause of action and requesting double time penalty as provided for in section 2...
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Defendant Alonzo Spencer, appearing in this appeal in propria persona, appeals from judgment after jury verdict finding him guilty of two counts of an indictment that had been returned on October 1, 1953, by the grand jury of the city and county of San Francisco. Count One, on which he was found guilty, charged him with the crime of robbery (Pen. Code, § 211) in that he did on September 16, 1953, ...
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Defendants’ individual demurrers to the second cause of action in plaintiff’s first amended complaint were sustained without leave to amend. Their separate demurrers to the first cause of action were sustained with leave to amend within 20 days. Plaintiff appeals from the judgment of dismissal entered after she failed to further amend within that time. Plaintiff’s first cause of action all...
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Both defendants were convicted by a jury of four counts of violating section 11500, Health and Safety Code (one count for possession and one count for transportation, of heroin; one count for possession and one count for transportation, of codeine). Defendant Echols was also convicted of violation of section 506a, Vehicle Code (driving when addicted to narcotics). Defendant Echols had admitted a ...
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Appeal from judgment of dismissal after demurrers, general and special, had been sustained and plaintiff had declined to amend its second amended complaint, herein referred to as complaint. The complaint is by a nonprofit, charitable corporation against its former directors for damages resulting from “dissipation of its assets through illegal and speculative transactions and mismanagement ...
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Appellant Witherbee sued plaintiff Finn in the municipal court for rent and caused a writ of attachment to be issued and levied upon three recording machines of plaintiff. Prior to issuance of such writ, Witherbee filed an undertaking on attachment whereby appellants Lumsden and Bobnik as sureties promised to pay all costs and damages that might be sustained by Finn if he should prevail in the at...
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Appellant sued for a broker’s commission alleging his oral employment February 3, 1952, by respondent to negotiate for the sale of the latter’s hotel and hotel business to one Mrs. Bidwell for a 5 per cent commission. He alleges a confirmation thereof by a writing, his repeated negotiation with Mrs. Bidwell to induce the purchase, and, during the period of his alleged contract, the execution of...
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Appellant was charged with the crime of manslaughter as defined in section 192 of the Penal Code, it being alleged in the information that “on or about the 21st day of June, 1953, in the County of Mendocino, State of California, said defendant did then and there, unlawfully, feloniously and without malice, kill two human beings, to wit, Vernon Newbury and Evelyn Laura Cass Newbury, in the driving...
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This is an appeal by plaintiff from an order denying the motion to vacate her default and to set aside the ensuing decree of annulment. The parties intermarried on July 31, 1952, and less than two months thereafter, on September 16, defendant husband herein filed an action for annulment on the ground that at all times after the marriage ceremony plaintiff herein refused to consummate said marri...
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On May 25, 1948, respondent bank obtained a judgment in the Municipal • Court of the City of Los Angeles against appellant on a promissory note. A motion for new trial was denied on September 7, 1948, no appeal was taken, and the judgment became final. Thereafter, on September 24, 1948, appellant filed in the superior court a new suit in equity praying that the municipal court judgment be ...
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This is an appeal by defendant Howard Watkins from a judgment of conviction on two counts of an information after trial by the court sitting without a jury. Appellant pleaded not guilty to the three counts of the information. He was acquitted on Count 2 and found guilty on Counts 1 and 3. An information filed by the District Attorney of the City and County of San Francisco charged Howard Watkin...
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This is an appeal by the defendant from a judgment of the circuit court which awarded the plaintiff the amount of its prayer. The controversy concerns the construction of a truck lease which contains a pro*625vision requiring the lessor to indemnify the lessee under conditions set forth in the provision. Both parties are highway common carriers licensed to do business in Oregon. Both own equipment...
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This is an action at law brought by Leotta Belle Gordon as executrix under the last will and testament of Albert Leslie Gordon, deceased, to recover the sum of $26,352.75 from the Portland Trust Bank, a banking *649 corporation. Judgment for defendant was entered after a demurrer to the complaint had been sustained. Plaintiff appeals. As the complaint discloses, the money invo...
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Plaintiff Ramirez and defendant Ringo are both practicing attorneys in the state of Oregon. Plaintiff recovered judgment against defendant for an alleged breach of contract. Defendant appeals. It appears that plaintiff, in consideration of his payment of $200, received from defendant a written option “to purchase from him his law library and office fixtures and furniture now located in his law off...
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This is a will contest brought by Olaf Johnston and The Hebrew Evangelization Society, incorporated, a California corporation, to set aside the purported last will and testament of Charles J. Peterson, dated February 14, 1950, on the grounds of undue influence, and incompetency of the testator. The prayer of the petition is to declare null and void the will of February 14, 1950, and to admit in p...
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Kate T. Pratt, widow of Frank E. Pratt, brought this action to recover benefits under the Workmen’s Compensation Law on account of the death of her husband alleged to have arisen as a result of an accident while he was employed by O. M. Middlekauff as a carpenter. Plaintiff’s claim was rejected by the defendant Oregon State Industrial Accident Commission for want of sufficient evidence. Thereafte...
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This is an action by the Lawrence Warehouse Company against The Best Lumber Co., Inc., arising out of agreements for the “field warehousing” of defendant’s logs by the plaintiff. The transactions included a lease by the defendant to the plaintiff of certain premises on which the logs were to be stored, and the issuance of nonnegotiable warehouse receipts by the warehouse company upon the delivery ...
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The grand jury of Jackson county, Oregon, indicted the defendant Gene N. Brantley, the charging part of the indictment reading as follows: “That said Gene B. Brantley on the 25th day of August, 1952, in said County of Jackson and State of Oregon, then and there being, did then and there falsely and feloniously, with intent to defraud, knowingly publish as genuine a certificate of nomination cer...
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— Defendant wife appeals from an order of the superior court directing that she desist from interfering with plaintiff husband’s right to receive a three-thousand-dollar fund which will result from the conversion of an endowment insurance policy on his life into a straight life insurance policy. A default divorce was granted to defendant wife from plaintiff husband on March 31, 1953. The divorc...
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— The jury found appellant guilty of four crimes as charged in the amended information. Appellant urges that the trial court erred when it permitted the deputy prosecuting attorney to continue to assist in the trial, as counsel for the state, after he had testified concerning the circumstances surrounding one of the written confessions claimed to have been made by appellant. Appellant’s argum...
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— Defendants appeal from an order dismissing their motion to vacate a default judgment, in the amount of $7,066.16, entered against them for the alleged breach of a contract to construct a house and concrete bulkhead for plaintiffs. The facts in this case, in so far as we need notice them on this appeal, are undisputed. Plaintiffs filed the summons and complaint in this action on June...
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— This is an action fora declaratory judgment. The Greyhound Corporation (Northwest Greyhound Lines Division), hereinafter referred to as Greyhound, and Division 1384 of the Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America (an unincorporated association), hereinafter referred to as the Union, are parties to a collective bargaining agreement. The...
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— This is an appeal from a judgment of dismissal entered when the trial court sustained a challenge to the sufficiency of the evidence at the close of plaintiffs’ case after a trial to the court sitting without a jury. Plaintiffs’ amended complaint contained these allegations as to the status of each plaintiff: “I. “That the plaintiff, Kathleen Peck, doing business as Kathleen Pe...
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— The court, in a trial before a jury, dismissed this action for damages for personal injuries at the conclusion of all the evidence. Plaintiffs have appealed. In reviewing this ruling, we cannot weigh the evidence. We must view it and all reasonable inferences from it most favorably to plaintiffs, to determine whether or not it is sufficient to justify, though not to compel, a verdict for...
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— Plaintiffs brought this action to recover the balance due on a written agreement for the settlement of an unliquidated indebtedness. After a trial to the court, judgment was entered for plaintiffs, and defendants have appealed. Plaintiffs and defendants were engaged in a joint venture. Defendants purchased plywood and logs which were sold by plaintiffs. Profits from the venture were to b...
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— This action involves the sale of seventy-five cases of tulip bulbs. Appellant, a wholesaler, contends that the sale was absolute. Respondent, the operator of a chain of retail stores, alleges that appellant guaranteed the resale of the bulbs, with the provision that any unsold bulbs would be taken back or otherwise disposed of, and credit given therefor. The parties have adverse versions...
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— This is a malpractice action against defendant doctors. Plaintiff appeals from a judgment dismissing his case with prejudice, after trial to the court. The record on appeal poses a question which must be resolved before the issues raised can be discussed. Plaintiff contends that there are two sets of findings of fact before this court, stating that “ . . . the only substantial difference ...
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— This case involves the validity of the Laws of 1951, chapter 156, p. 430, and the Laws of 1953, chapter 206, p. 476, in so far as they purport to establish justice court district committees with power to create a new system of justice of the peace districts in the state. The Laws of 1951, chapter 156, § 8, p. 432 (RCW 3.14.010), as amended by the Laws of 1953, chapter . 206, § 1, p. 476 (RCW (Su...
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This is a suit to recover a money judgment on a cashier’s check. The check was dated January 15, 1951, and was issued by The Liberty National Bank, of Oklahoma City, Oklahoma, to Martin Towell. Plaintiff alleged in his petition that he acquired ownership of the check after it had been duly endorsed by Martin Towell. The testimony revealed that plaintiff acquired ownership of the check from Howa...
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Plaintiff R. H. Sickles brought this re-plevin action in the District Court of Tillman County against Clifford Edmonds, a resident of said county, and Bill Hurst Motors, Inc., a corporation, a domestic corporation with its principal place of business in Cotton County, for the possession of a 1952 Ford automobile or its value and for damages for expenses incurred, including attorney’s fee. The evid...
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The parties here appear in the same position as in the trial court and will be referred to as plaintiff and the Board. *721The pivotal question for our decision is whether the defendant, the Board of County Commissioners of Okfuskee County, Oklahoma, had the power and authority to reduce the -monthly salary of plaintiff as fixed under a contract of employment with the County Superintendent of Publ...
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This action was commenced by Jack T. Hutson, hereinafter called plaintiff to recover against . the defendant, Commonwealth Life Insurance Company, on an insurance contract: Judgment was rendered for plaintiff and defendant appeals. The record discloses that Lela Hutson, the mother of plaintiff, purchased an insurance contract from defendant to cover liability for certain diseases. She testified...
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This case involves a question of priorities of certain loans secured by chattel mortgages executed by Harold McDonald. Harold McDonald was the owner of a Nash automobile. He obtained a loan from the First National Bank of McAlester, Oklahoma, secured by a chattel mortgage upon the car. Next, McDonald obtained a loan from the Pittsburg County Broadcasting Company secured by a chattel mortgage upon...
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(dissenting). The undisputed facts are that a number of independent contractors were engaged in the building of an industrial building. The plaintiff here is the employee of one independent contractor and the defendant partnership is another independent contractor. The defendant independent contractor had no supervisory control of the other, the employer of plaintiff. The defendants made the hole ...
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C.-M. Murray brought this action in the Court of Common Pleas of Tulsa County against Borg Compressed Steel Company, a corporation, Mrs. Edith Dean, Mrs. Des-sie Hatfield, Adam .Klmk, and Ernest Paris for damages for the conversion of a steel drilling derrick. Defendants separately cross-petitioned against, plaintiff denying his ownership and asking for their respective attorney fees and costs. A ...
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The defendant Earl Kenneth Brown was charged by an information filed in the District Court of Marshall County with the crime of murder; was' tried, found guilty of manslaughter in the first degree, but the jury was unable to agree upon the punishment and left it to be fixed by the court. Thereafter, the defendant was sentenced to serve a term of 15" years imprisonment in the penitentiary and has' ...
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The plaintiff in error hereinafter referred to as defendant, was charged by information filed in the county court of Kay County with the crime of omitting to provide for a minor child. He was tried before a jury on the 2nd day of April, 1953, found guilty, but the jury being unable to agree upon the penalty to be assessed, left that to the court, who entered judgment ordering that defendant be co...
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Alfred Frederick Lippoldt, Jr., hereinafter referred to as defendant, as in the trial court, has appealed from a judgment entered by the county court of Kingfisher County where by the verdict of a jury he was found guilty of the charge of driving a motor vehicle upon a public highway while under the influence of intoxicating liquor. Defendant was assessed punishment at a fine of one dollar. For...
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The defendants James R. Wise and Raymond Francis Wenthold were jointly charged in the Court of Common Pleas of Oklahoma County with the unlawful possession of whiskey; a jury was waived, the defendants were tried, found guilty, and each of them was sentenced to serve 30 days in the county jail and pay a fine of $50. On appeal, two propositions are presented: (1) The court erred in overruling the m...
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The plaintiff in error Floy Eidson, defendant below, was charged by information in the county court of McCurtain county, Oklahoma, with having committed the offense of being in unlawful possession of intoxicating liquors, to wit, S pints of tax-paid whiskey, allegedly committed in the aforesaid county and state on or about January 24, 1953. The defendant was tried by a jury, convicted, and his pun...
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176 Kan. 445 (1954) 271 P.2d 754 POTTAWATOMIE AIRPORT AND FLYING SERVICE, INC., Appellee, v. MARION WINGER and WILLIAM HAUSERMAN, JR., MARION WINGER, Appellant. No. 39,337 Supreme Court of Kansas. Opinion filed June 12, 1954. C. Harold Hughes, of Manhattan, argued the cause, and Alvin R. Springer and Richard D. Rogers, both of Manhattan, were with him on the briefs for appellant. Charles S. Arthu...
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The opinion of the court was delivered by This is an action for damages to an airplane loaned by plaintiff to the appellant Winger to fly from Manhattan to Clay Center which plane was seriously damaged on the trip alleged to have resulted from the negligence of defendant. After the pleadings were filed the parties waived a trial by jury and the case was tried by the court resulting in a judgment f...
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The opinion of the court was delivered by This appeal arises out of a judgment of final settlement of a decedent’s estate in the probate court. The bondsman, a corporate surety, of the administrator, appealed in the dual capacity of principal and surety to the district court from a judgment of the probate court against the administrator. The guardian of three minors, beneficiaries in...
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The opinion of the court was delivered by This was an action to recover judgment on an alleged debt. The trial court found the indebtedness existed but was not due and on that account denied recovery. The plaintiff appeals from such judgment. No questions are raised respecting the pleadings and references thereto are for informative purposes. The action was commenced on April 8, 1953, by th...
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The opinion of the court was delivered by This was a declaratory judgment action in which the plaintiff asked the court below to determine whether the City of Topeka or the plaintiff, the developer of a new addition in the city, was responsible for the extension of water mains into that addition. For convenience, the appellant Jayhawk Construction Company, Inc., will be referred to as plainti...
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The opinion of the court was delivered by The plaintiff, Columbian Fuel Corporation, a producer of natural gas in the Kansas portion of the Hugoton gas field, sought recovery of a money judgment from the defendant, Panhandle Eastern Pipe Line Company, a corporation, a purchaser of gas. The action has not been tried. The district court conducted a pretrial conference pursuant to G. S....
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176 Kan. 471 (1954) 271 P.2d 782 MAUDE S. MINGENBACK; JOHN JOSEPH MINGENBACK and RUTH ZIMMERMAN, Nee MINGENBACK, Appellees, v. EUGENE C. MINGENBACK, Individually and as Trustee for himself, Mary Mingenback, Paul M. Mingenback, Lillian J. Mingenback, being the same person as Sister M. Pauline O.S.U., and Leo A. Mingenback; LILLIAN J. MINGENBACK, being the same person as Sister M. Pauline O.S.U.; L...
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The opinion of the court was delivered by This is an appeal from an order overruling a demurrer to an amended petition. Plaintiff commenced the action by the filing of a petition in which he sought to recover damages from the defendant city under provisions of G. S. 1949,12-201, which read: “All incorporated cities and towns shall be liable for all damages that may accrue in consequence of ...
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The opinion of the court was delivered by This is an action to recover damages alleged to have been sustained as a result of the action of a mob within the corporate limits of the defendant city. The appeal is from an order overruling a demurrer to the plaintiff’s amended petition. Except for differences in the identity of the plaintiff and inconsequential allegations of the challenged pleading th...
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The opinion of the court was delivered by This was an action to recover money on a written contract. Judgment was for plaintiffs. Defendants have appealed. The action was by one partnership against another partnership and certain other individuals. The petition alleged that plaintiffs’ residence was Butler county, Kansas; that defendant Jackson was the agent of a partnership, th...
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The opinion of the court was delivered by This was an action to recover damages for personal injuries. The trial court sustained demurrers to the plaintiff’s petition and she appeals. In her petition plaintiff alleged she was a minor of the age of nine years; that the City of Kansas City, Kansas, hereafter called the City, was a municipal corporation under the laws of the state of Ka...
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The opinion of the court was delivered by Plaintiff filed an action in the city court of Wichita to recover damages alleged to have resulted in an automobile *485 collision. Defendants prevailed and plaintiff appealed to the district court on October 10, 1949. The pleadings in the city court consisted of an original and an amended verified bill of particulars and a verified answer which was...
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The opinion of the court was delivered by This was an action in quo warranto brought by the state on the relation of the attorney general to determine the boundaries of Lost Springs rural high-school district M and D No. 2 of Marion county and the boundaries of Herington school district No. 113 of Dickinson county and to oust the Lost Springs rural high-school district from the exercise o...
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The plaintiff, Andrew Woodland (respondent), and the defendants, Edna Spill-man, LeRoy Woodland, and Margaret Jackson (appellants), are the surviving sons and daughters of Henry S. Woodland, deceased. Also surviving is the widow, Elizabeth Stanger Woodland. By his will, the decedent provided a life estate for his widow in certain farm lands in Bannock *289 County. By the terms of the will, the ...
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Appellee, Henry H. Morris, as. plaintiff filed- his complaint in the District Court of Eddy County, New Mexico, seeking to quiet' title to lands situate in the SW% of Section 23 and in the NW% of Section 26 in Township 19 South, Range 25 East, being described more particularly by metes and-bounds. The defendants in the trial court requiring mention herein were Carl E. Ross, John C. Plott, Sally...
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This is an original proceeding in habeas corpus brought by the petitioner, Paul H. Breithaupt, against the Warden of the New Mexico State Penitentiary, Morris Abram, respondent. The petitioner was the driver of a pickup truck which collided with another motor vehicle. The collision resulted in the death of three persons all of whom were riding in the vehicle with which the petitioner’s pickup coll...
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Appellant, claimant below, brought this action against The Penitentiary of New Mexico for compensation under the Workmen’s Compensation Act and from a judgment dismissing the complaint, he appeals. The parties stipulated as to the facts found by the court, leaving for determination a single legal question, whether the state has consented to the suit. On November 20, 1950, while claimant was per...
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This is an appeal from an order of the superior court of Pima County denying appellants’ petition for the adoption of a minor child. For the protection of the child names and identifiable dates have been omitted. The facts are that the minor child was born out of wedlock. The father never in any manner acknowledged the parentage of such child and nine days following its birth, its mother execut...
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Appeal from a judgment for plaintiff entered upon a verdict in his favor for damages sustained when the car in which he was riding as guest was struck by a fire truck being driven by defendant. The trial court denied' a motion for directed verdict, and submitted the case to the jury. Thereafter the court denied defendant’s motion for judgment notwithstanding the verdict or for a new trial....
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Certiorari to review an order of the Industrial Commission wherein the New Park Mining Co. and its insurer are required to continue payment of an award to a child of a deceased employee. The award was made to the dependent wife and child for the death of the employee resulting from injuries received during the course of his employment. After the child reached 18 years decedent’s wife remarried,...
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Appellants are two domestic corporations authorized by certificates issued by the Department of Business Regulations to transact the business of mutual benefit associations. They were also authorized by the Utah Securities Commission to sell securities and their agents are licensed both as insurance agents and securities salesmen. These companies have been selling for some time insurance policies...
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2 Utah 2d 208 (1954) 271 P.2d 846 IN RE BEAR RIVER DRAINAGE AREA. RANDOLPH LAND & LIVESTOCK CO. ET AL. v. UNITED STATES ET AL. No. 7983. Supreme Court of Utah. June 18, 1954. McKay, Burton, McMillan & Richards, Paul Reimann, Milton A. Oman, Salt Lake City, for appellant. A. Pratt Kesler, U.S. Dist. Atty., Salt Lake City, J. Lee Rankin, Asst. Atty. Gen., William H. Veeder, Sp. Asst. to the...
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This proceeding arises out of a general determination of water rights in the Bear River which was initiated by the State Engineer. Certain livestock owners objected to claims which the government had filed for livestock watering rights based on the use by grazers on the public domain and permittees in the Cache National Forest. This appeal was taken from the trial court’s disallowance of their obj...
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This is an appeal from a judgment for defendants in a suit brought by plaintiff, a general contractor, to enforce a lien claimed for a balance alleged to be owing, for construction of an apartment building. The defendant owners, Jesse H. Parry and wife, denied that any balance was owing to plaintiff and they counterclaimed for damages alleged to be due them for failure of plaintiff to construct t...
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43 Cal.2d 107 (1954) 271 P.2d 857 HARRY M. SCHWARTZ, Appellant, v. SLENDERELLA SYSTEMS OF CALIFORNIA, INC. (a Corporation), Respondent. Docket No. L.A. 22972. Supreme Court of California. In Bank. June 25, 1954. *108 Samuel Maidman for Appellant. Newlin, Holley, Tackabury & Johnston and Hudson B. Cox for Respondent. *109 EDMONDS, J. Harry M. Schwartz sued Slenderella Systems of California, In...
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Defendant and one Leon Wayne Schaefer were jointly charged in count one of an information with the crime of conspiracy to violate section 337a of the Penal Code and in count two with the violation of subdivision 3 of said section 337a (bookmaking). Schaefer died before the trial. The jury found defendant Robinson guilty on count one but not guilty on count two. Defendant appeals from the judgment ...
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43 Cal.2d 143 (1954) 271 P.2d 872 THE PEOPLE, Respondent, v. WILLIAM C. ROBINSON, Appellant. Docket No. Crim. 5579. Supreme Court of California. In Bank. June 25, 1954. *144 Andrew H. McConnell, Samuelson & Buck and Clarence Hengel for Appellant. Edmund G. Brown, Attorney General, and William E. James, Deputy Attorney General, for Respondent. SPENCE, J. In September, 1951, defendant pleaded g...
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By an information filed by the district attorney of Los Angeles County, defendant was charged with one count of burglary and five counts of receiving stolen property. The crimes set forth in the six counts of the information were alleged to have been committed on various dates between October 15, 1951, and March 30, 1953. Count I alleged that defendant burglarized a market and stole an adding mac...
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Plaintiff commenced an action against Howard E. Marks, Prank B. Marks, Sr., Prank B. Marks, Jr., and Roger Paul to recover damages for fraudulent representations, alleged to have been made by defendant Howard E. Marks and his agent, defendant Paul, in connection with the sale of a tractor purchased by plaintiff. Defendants filed an answer denying the material allegations of the complaint and al...
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Plaintiff filed her complaint for divorce against defendant on February 15, 1949. On March 7th of that year, they entered into a property settlement agreement. The preamble of that document recites their “desire to make provision for the custody, care and support of their two minor children and to settle the rights and claims of each in and to the community property . . . and separate property” o...
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Roy E. MacArthur and Raequel Gatica were charged with two violations of section 11500 of the Health and Safety Code, the first count charging the unlawful possession of heroin on April 22, 1953, and the second, the unlawful possession of marijuana on the same date. The defendants were tried together. MacArthur, the sole appellant, was found guilty on the heroin count and not guilty on the marijua...
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This is an action for damages for injuries to Mrs. Ashley, alleged to have resulted from the slipping of a rug in the home of the defendants. The accident occurred on January 1,1951. Mr. Ashley is the pastor of a church in Compton. He was formerly the pastor of a church in San Diego which is attended by the defendants. This San Diego church had acquired a parcel of land and Mr. Jones was c...
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This is an action for personal injuries caused to plaintiff when as a pedestrian she was struck by defendant’s car. The verdict was for defendant and plaintiff appeals from the judgment entered thereon. *192 The accident happened on March 16, 1952, at 5:45 p. m. at the intersection of Dana Street and Parker Street in Berkeley. Dana Street runs north and south, Parker Street, east ...
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This is a suit by the payees of a promissory note against the maker. From a judgment for defendant, on the ground that there was no consideration for the note, plaintiffs appeal. In January, 1951, defendant Jim Wood and plaintiff Murphy discussed informally the acquisition of an automobile dealership. Wood was district manager for the DeSoto Motor Corporation. Murphy was an automobile dealer in Cu...
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This is an action in unlawful detainer in which plaintiff (lessor) recovered judgment against the defendants (lessees) for possession of the leased property, the amount of rent found to be due, damages for detention, attorney’s fees and costs. The lease, executed October 17, 1951, was for a period of three years and the property involved consisted of 124 acres of farm land in San Diego County. It ...
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This is an appeal from a judgment for $37,500 entered upon a jury verdict in favor of the plaintiffs. The cause of action was based on misrepresentations made by defendants in connection with a sale of a business. Appellants Charles and Sidney Schonfeld sold to respond *188 ents all the stock in the Lincoln Bowl, a corporation, which operated a bowling alley at 319 Sixth Avenue in San Francis...
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The complaint in this action contained nine separate counts in each of which the plaintiff named therein brought action against C. R. Burton and Local Union *211No. 118, Bridge, Structural and Ornamental Iron Workers, a labor union. All of the counts concern the same general subject matter and the substantial allegations thereof may be stated as follows: The plaintiffs were all members of either t...
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Appellant is an art collector and connoisseur ; respondent is an artist. The connoisseur possessed a collection of rare paintings including one by the master, Leonardo da Yinci, which had been despoiled by time and neglect. It required treatment by an efficient artist for its restoration and for its exhibition with the works of the great master. Appellant employed respondent to perform such servi...
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This is an appeal from a judgment of the Superior Court of San Francisco after jury verdict in favor of plaintiff and respondent in the sum of $75,000, and against appellant Margaret M. Maus, an incompetent person. Respondent, Edmond Trainor, sustained permanent brain damage and disability as a result of a fall over the banister and onto a concrete areaway below on the premises of an apartment ho...
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The trial court, sitting without a jury, tried and adjudged defendant guilty of driving a vehicle upon the highway while under the influence of intoxicating *903 liquor. Imposition of sentence was suspended by the court, and, in lieu thereof, defendant was placed on probation for two years upon conditions which include revocation of his driver’s license for one year and the payment of a $200 fi...
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From a judgment in favor of plaintiff after trial before a jury in an action to recover damages for the taking of private property in an eminent domain proceeding, defendants appeal. Facts: The complaint in condemnation filed February 14, 1952 alleged “That the property hereinafter described constitutes a part only of a larger parcel, ’ ’ and the prayer of the complaint asked: “That such seve...
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Defendant was convicted by a judge of the superior court of two counts of first degree robbery. He admitted a prior conviction of grand larceny, for which he served a term in the penitentiary in Virginia. After the crimes in California, he went to Louisiana and was there convicted of armed robbery. When he was released from the Louisiana penitentiary he was brought back here for trial. *145 D...
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In 1950 defendants commenced subdividing operations on 36 acres of unimproved hillside ranch land located in the North Hollywood section of Los Angeles. Vineland Avenue is adjacent to defendants’ subdivision and is the last improved street prior to defendants’ development. Plaintiff’s home is on the southeast corner of Vineland Avenue and Fruitland Drive, which latter street deadends at this in...
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The Attorney General of the United States, as successor to the Alien Property Custodian, brought this action against the city and county of San Francisco for the recovery of taxes for the years 1941-1948, inclusive. These taxes, which he had paid under protest, were levied upon improved real property in San Francisco which the German government owned from April, 1941, to September, 1947, when titl...
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In an action for damages for alleged fraud, defendant’s answer alleged the defense of res judicata by reason of three specified actions. Pursuant to section 597, Code of Civil Procedure, this issue was tried separately. Plaintiffs appeal from the judgment in favor of defendant upon that issue on a limited record. Questions Presented Plaintiffs raise many questions, most of which, howe...
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This action was brought by plaintiff Letty Bolton, and by her husband, Ray Bolton, for damages for the serious injuries received by Mrs. Bolton when hit by an automobile driven by defendant George Soares, who was, at the time, acting in the course and scope of his employment with the other defendants. The pleadings presented the issues of the negligence of Soares and the contributory negligence...
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This is an appeal from a judgment entered in a proceeding for injunction and writ of mandate. The judgment commanded appellants to abandon their announced intention of holding an open examination for the civil service position F 50 Maintenance Chief, San Francisco Airport, and commanded appellants to hold a promotional examination from the class F 52 Crew Chief for such position. Appellants are...
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*438 OPINION By the Court, This is a suit to quiet title to a certain ranch property in Ash Meadows, Nye County, Nevada. The question involved upon this appeal is whether the Ash Meadows Ranch was the separate property of Freda Carlson or was community property and subject to execution to satisfy a judgment upon a community obligation. The Fifth judicial district court of th...
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Plaintiff sued defendant for property damage arising out of a two-vehicle collision some ten miles northwest of Española, New Mexico. Complaint was based upon defendant’s alleged negligence; defendant denied negligence and plead affirmative defenses of contributory negligence and last clear chance. Trial was had before the court without a jury and resulted in a judgment, of $5,556.72, from whic...
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The question of the legality of the confinement of Ralph Smith in the state penitentiary at Santa Fe is submitted for our consideration on writ of habeas corpus issued out of this court, directed to Morris Abram, warden of the penitentiary, and his return to the writ. The application for the writ shows that Smith was informed against on April 9, 1952, for embezzlement, alleged in the informatio...
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On December 31, 1951, a car belonging to and driven by Cloy Jaynes in which Roy W. Jaynes, his father, was a passenger was struck by a train at a railroad crossing adjacent to the plant of Potlatch Forests, *299 Inc., resulting in fatal injuries to said Roy W. Jaynes. Both occupants of the car were and for many years had been employed by Potlatch Forests, Inc., and on this particul...
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Plaintiff (appellant) brought this action to foreclose a lien for leveling defendant’s (respondent) land. The claim of lien and complaint are predicated upon a contract rate of $10 per hour. Plaintiff alleges he worked 80 hours and prayed for $800, with interest from March 23, 1953, when the job was completed. The answer denies any agreement for $10 per hour and alleges that it was agreed the j...
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Claimant, on August 2, 1947, filed with the Industrial Accident Board, a claim for compensation because of an alleged oc*293cupational disease disability, and in his application for hearing filed June 10, 1948, claimed that he was totally and permanently disabled for work because of silicosis. The matter was set for hearing for June 30, 1948. Respondent denied liability and a voluntary settlement ...
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This appeal is by defendants and intervenors from a judgment holding an order of defendant board increasing intrastate freight rates to be invalid and void. The interstate commerce commission in Ex Parte 175, reported in 284 I. C. C. R. 589, increased the rates and charges of the rail carriers operating in Montana by nine percent by granting a fifteen percent increase in lieu of a six perc...
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delivered the opinion of the Court. Carol Moede, plaintiff in the trial court, recovered judgment against defendant in a substantial sum following a verdict of the jury in her favor. Her action is for damages for personal injuries incurred by being thrown from a motor vehicle operated by defendant, due, as she alleges in her complaint, to a willful and wanton disregard on the part of defendant of ...
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delivered the opinion of the Court. Pursuant to a favorable vote of the people on a referred Act submitted to the people in 1948, the legislature in 1949 adopted “An Act Authorizing, Regulating and Providing for Licensing the Racing of Horses and Other Animals with Pari Mutuel Wagering,” known as chapter 207, Session Laws of 1949. The provisions of this Act that are involved in the present cons...
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On Petition for Rehearing. On this 8th day of July, 1954, on petition for rehearing, petition for rehearing is stricken because of nonconformity with Rule 118 (c) of the Rules of Civil Procedure (Colo.), as amended....
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Judgment affirmed en banc without written opinion....
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Judgment affirmed en banc without written opinion....
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271 P.2d 1055 (1954) LEWIS v. OLIVER. No. 17080. Supreme Court of Colorado, En Banc. June 14, 1954. Petition for Rehearing Stricken July 6, 1954. *1056 John A. McCarthy, Pueblo, for plaintiff in error. Laurence A. Ardell, Pueblo, for defendant in error. HOLLAND, Justice. Grady Hill Lewis, plaintiff in error, rented an automobile from the ABC Auto and Truck Rental Company in Pueblo, Colorado, on t...
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201 Or. 426 (1954) 271 P.2d 1059 FISCHER v. HOWARD Supreme Court of Oregon. Argued October 27, 1953. Reargued March 17, 1954. Reversed June 17, 1954. *429 William Schroeder, of Vale, and Roy Kilpatrick, of Canyon City, argued the cause for appellant. On the brief were Lytle, Kilpatrick & Schroeder, of Vale. Martin P. Gallagher argued the cause for respondent. On the brief were Gallagher &...
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Judgment affirmed ,en banc without written opinion....
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This is an action for damages for alleged breach of contracts involving the sale of merchantable spruce *679logs, brought by Beryl Y. Smith and John A. Davis, as plaintiffs, against Henry Stocker and G-race Stocker, husband and wife and partners doing business as Stocker Logging Company, as defendants. The case was tried to the court without the intervention of a jury. Findings of fact and judgmen...
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This is a suit for a declaratory judgment. The plaintiffs seek a declaration that Section 4 of Chapter 343, Oregon Laws 1951 is unconstitutional and pray for an order enjoining the defendants, State Industrial Accident Commission and other officials, from enforcing that chapter. A general demurrer was filed *605and sustained and judgment was rendered to the effect that no constitutional rights of ...
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The opinion of the court was delivered by Two separate appeals, No. 39,433 and No. 39,434, both actions against the state corporation commission, have been consolidated for review in this court. The first numbered action *563 was instituted by Kansas-Nebraska Natural Gas Company and the second by Cities Service Gas Company. Both actions were filed in the district court of Sha...
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Parties are referred to herein as in the trial court. Plaintiff, Tally A. Broome, sued defendant, Atchison, Topeka and Santa Fe Railway Company for damages resulting from injuries received when a freight' train on which he was riding as an employee allegedly suddenly slowed down, causing him to fall as he was climbing into the cupola of the caboose fo& the train. Plaintiff was a brakeman employed ...
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271 P.2d 1108 (1954) OKLAHOMA CITY v. DRINKWATER et al. No. 35916. Supreme Court of Oklahoma. June 8, 1954. Rehearing Denied June 22, 1954. *1109 A.L. Jeffrey, Municipal Counselor, Oklahoma City, Carter G. Dudley, Asst. Municipal Counselor, Oklahoma City, for plaintiff in error. Claud Briggs, W. Ryan Russell, Oklahoma City, for defendants in error. JOHNSON, Vice Chief Justice. This action though ...
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Plaintiff Wayland Smith brought suit in the District Court of Osage County against Great Lakes Pipe Line Company for damages for the death of six cows allegedly caused by the negligence of defendant in leaving a can of red lead oxide paint in plaintiff’s pasture, the contents of which spilled upon the ground and were eaten by plaintiff’s cattle, killing them. Pertinent to the issues here i...
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Gertrude Paine Daly and others, hereinafter referred to as plaintiffs, filed an action against Earl W. Baker and Company, a corporation, to recover in damages. It is alleged that plaintiffs were the owners of a building located at Stiles and Grand in Oklahoma City. This building was 130 feet north and south by 52½ feet east and west. Defendant, a contractor for the City of Oklahoma City, dug a ...
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On December 1, 1953, the order overruling the motion for new trial was entered. Time in which to appeal expired thereafter on March 1, 1954. No order was entered by the trial court extending this time. The case-made was filed April 12, 1954. A motion to dismiss has been filed for the reason the appeal was not lodged in this court within the three months provided by 12 O.S. 1951 § 972. The motion m...
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G. E. Lawson brought this action in the District Court of Lincoln County against defendant Wilcox Oil Company for damages for loss of certain cows. In essence plaintiff’s petition alleges that he is the owner of the surface of 320 acres of land in Lincoln County all of which was in pasture and on which he kept a number of Black Angus cows; that defendant on and prior to February 2, 1951, was the o...
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