Court Cases Court Cases

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

All Reporters → p2d → Volume 282

Opinions in p2d Volume 282

44 Cal.2d 289 (1955) ELLA C. BABBITT, Respondent, v. DOUGLAS B. BABBITT et al., Defendants; AGNES M. McGOWAN, Appellant. L. A. No. 22931. Supreme Court of California. In Bank. Apr. 15, 1955. Benjamin D. Brown and A. James Ayers for Appellant. Ernest Best for Respondent. SHENK J. This is an appeal by the defendant from a judgment in which the plaintiff was granted an interlocutory decree of...
Views: 8
Judgment was entered on a verdict for defendant in an action for wrongful death. Plaintiffs appeal from the judgment and the order denying their motion for a new trial. Since the latter order is not appealable, the appeal therefrom is dismissed. On May 21, 1951, Bonnie, 12, and her sister, Carolyn, 8, got off the school bus at the intersection of Wren and Sierra roads in Stanislaus County at about...
Views: 0
Plaintiff, Thomas Warner, Jr., appeals from a judgment of nonsuit in an action for damages for personal injuries. Plaintiff originally brought suit against Clin Industries, Inc., a corporation (aka Western Cartridge Company), and G. W\\ Rushmore, Amory P. Eeldey, Thomas Browne. *312 Gene Nordlund and Edward Nagle. Prior to trial, defendants Rushmore and Eckley paid plaintiff the su...
Views: 13
Defendant Rossi appeals from a judgment of conviction for violating section 137 of the Penal Code and from an order denying his motion for a new trial. Defendants Terry and Rossi were accused of violating said section in that they gave and promised to give a bribe to Norman Moore and John Mallick, persons who were about to be called as witnesses, upon the understanding and agreement that their ...
Views: 14
Defendants-appellants herein are Oilfields Trucking Company and Phoenix Construction Company, two corporations, hereinafter called, respectively, Oilfields and Phoenix. They appeal from a judgment in plaintiff’s favor, entered on a jury verdict, in his action to recover for personal injuries suffered in a trucking accident. The judgment now on appeal was rendered on a second trial of the action...
Views: 11
On August 3, 1951, plaintiff brought an action seeking damages for breach of an oral contract. He alleged in his third amended complaint “That on or about the 17th day of October 1950 the plaintiff and defendants entered into an oral agreement” whereby he was given the exclusive right to buy from defendants certain patented shower heads. He also alleged that “a written memorandum of said agreem...
Views: 3
The Pacific Telephone and Telegraph Company has been engaged in operating a telephone and telegraph system since January 2, 1907, and its lines are used in rendering a local, statewide and interstate communication service. The city of Los Angeles and surrounding areas are serviced by Pacific and connecting telephone companies. In 1951, shortly before a municipal franchise under which it had bee...
Views: 9
The city of Petaluma brought this action to restrain Pacific Telephone and Telegraph Company from using city streets for telephone and telegraph service until it obtains a municipal franchise to conduct a communications business and to use the streets and other public places for its lines and equipment. A general demurrer was sustained to the complaint, and the city has appealed from the ensuin...
Views: 12
In this habeas corpus proceeding the ultimate question is whether the District Court of Appeal, after modifying consecutive sentence judgments in two consolidated criminal cases by striking out findings of two prior convictions, has power to itself implicitly determine upon the changed record whether probation shall be granted or denied and whether the sentences shall run cumulatively or concurren...
Views: 0
Defendant was charged by information with the murder of Ralph R. Welch, on or about July 23, 1953, and with two prior convictions of felony (issuing a check with intent to defraud and issuing a cheek with no account). He pleaded not guilty and not guilty by reason of insanity. A jury found defendant guilty of murder of *255the first degree and made no recommendation as to penalty j1 the jury furth...
Views: 0
44 Cal.2d 364 (1955) 282 P.2d 64 GEORGE SMITH, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION et al., Respondents. Docket No. S.F. 19019. Supreme Court of California. In Bank. April 22, 1955. *365 Julius M. Keller for Petitioner. Edmund G. Brown, Attorney General, Gerald A. Carrera, Deputy Attorney General, Everett A. Corten and T. Groezinger for Respondents. SCHAUER, J. George Smith, an applicant...
Views: 14
In these actions plaintiffs sought damages for personal injuries alleged to have been caused by the negligence of Riverside Portland Cement Company, hereafter referred to as defendant, and California Electric Power Company, hereafter referred to as California. The jury awarded $50,000 to plaintiff Austin (reduced to $25,000 on motion for new trial) and $100,000 to plaintiff Boehm against defend...
Views: 16
This is an appeal from a judgment for damages and from two orders denying motions for judgment notwithstanding the verdict in an action brought under the Federal Employers Liability Act to recover damages for partial blindness allegedly caused by an industrial accident claimed to be due to appellant’s negligence. It is not disputed that respondent has lost the sight of his right eye due to a re...
Views: 3
The instant action for damages for malfeasance of public officials and for false arrest was filed on July 18, 1951, and summons issued on that date. Nothing further was done by any of the parties until July 16, 1954, when a copy of the summons was filed and service was made on the county of Los Angeles and on defendant sheriff. Service on the city of Los Angeles was made on July 19, 1954. ...
Views: 4
Plaintiff rented for $10 a month right to land and take off and to tie down his airplane at the airpark of the defendant Whiteman Airport Company. This was the fictitious name of a business owned and conducted by Marvin E. Whiteman. Western Aviation Company, the other defendant, leased from Whiteman Airport Company a large airplane hangar, with the concession for the sale of gasoline and oil. ...
Views: 0
Plaintiff filed an action in Mendocino County to have a certain default judgment against him declared null and void and to recover the proceeds of the sale of a pickup truck which was sold under said judgment. Defendant corporation demurred and filed a notice of motion for change of venue to Los Angeles County where its principal place of business was. This appeal is from the order denying said m...
Views: 0
This is an action to quiet title to an easement for a right of way over land owned by the defendants. The Indians of the Morongo Tribe own the northeast quarter of a certain section of land in Riverside County. It is located 6 miles from the Morongo Reservation, and will be referred to as the Indian land. There was no house or other building on this land, which is hilly and covered with brush e...
Views: 2
The principal question on this appeal is whether there was sufficient evidence to support a finding that Mary A. Rolinson did not receive title to certain corporate stock by gift of her husband, George H. Rolinson, since deceased. Mrs. Rolinson brought suit against the defendant, Myron A. Rolinson, executor of the estate of the deceased, to quiet title to certain specifically described shares o...
Views: 1
The county of Sacramento, by and through its county executive, has filed in this court a petition for writ of mandate to compel respondent county auditor to issue and pay a number of warrants for certain employees of the county engineer’s office. It is alleged that said employees were required to and did perform certain standby and extra work to meet any and all emergencies that might arise in an...
Views: 6
Defendants owned a Curtiss-Wright C46 aircraft which they wanted to operate commercially. Plaintiff agreed to do the work required to license the plane for that purpose. Pursuant to an agreement executed by the parties on August 31, 1951, plaintiff lent defendants $15,000. To secure this loan defendants executed a promissory note and a chattel mortgage. The agreement provided that the required ...
Views: 0
Plaintiff, Victor Mula, an employee of a subcontractor, appeals from an adverse judgment rendered in an action brought by him against defendant Oscar W. Meyer, the general contractor, for damages for personal injuries plaintiff received while working on the job, it being claimed that such injuries were proximately caused by the failure of defendant to install a safety device required by law. ...
Views: 9
From a judgment of dismissal as to defendant Inglewood General Hospital, predicated upon the sustaining without leave to amend of demurrers, both general and special, to the fifth amended complaint in an action to recover damages for wrongful “death and personal injuries, plaintiff appeals. * The fifth amended complaint is a plethora of words, a marvel of redundancy and a masterpiece of proli...
Views: 3
The action is for a decree determining heir-ship and interests in the estate of deceased. Petitioner Alfred Granville Blair alleges that, “under the terms of the Will of Alfred G. Blair, the American Bible Society, a charitable institution, will receive the entire corpus of said estate after the life tenancies of Phoebe L. Bonnen, Naomi Blair Buoff and Carolyn Buoff. That, under the terms of the W...
Views: 3
Plaintiff, United Air Lines, Inc., hereafter for convenience referred to as “United,” has appealed from a judgment in its favor for $442.73. By its complaint, as amended during the trial, it sought to recover $8,026.43 from defendant, Western Air Lines, Inc., hereafter referred to as “Western.” In May, 1947, Western leased to United one of Western’s planes. On December 4, 1947, while the p...
Views: 3
Plaintiff has appealed from a judgment for defendant, which was entered after a demurrer to the complaint had been sustained and no amended complaint had been filed. The sole issue to be decided by this court is whether or not the allegations of the complaint state a cause of action against defendant under a forgery bond issued by it. For convenience in reference, we will hereinafter refer to p...
Views: 1
This appeal is from a judgment in favor of plaintiff in an action for damages for trespass upon real property. The only question urged by appellant in his opening brief is whether the trial court followed the correct rule in fixing the amount of damage awarded for the trespass. In his closing brief appellant also makes point of the fact that, in violation of the best evidence rule, the court pe...
Views: 1
This is an appeal from a, judgment in favor of the defendants in an action brought upon a $6,000 promissory note which the trial court found was entirely discharged by payments admittedly made by respondent Kawaoka to the payee, but which were applied by it against Kawaoka’s indebtedness upon an open book account. Respondent Carlson was an accommodation maker. It appears that on July 11, 1951, Ka...
Views: 5
In an information filed by the district attorney of Los Angeles County, defendant was accused of violation of section 12021 of the Penal Code, in that on or *336about February 2, 1954, he owned or had in his possession or under his control a .32 caliber pistol capable of being concealed upon the person and having a barrel less than 12 inches in length, defendant having been previously convicted of...
Views: 0
Plaintiffs, as coexeeutriees of the Estate of Louis Minick, sued defendant on a book account. * Defendant appeals from an adverse judgment. The sole question is whether the evidence established the existence of a book account. Decedent was engaged in the dairy and ice cream business. He was the sole proprietor of Minick’s Dairy Farm. It is the books of this enterprise that are here involved. ...
Views: 0
Appellant and his codefendant, Steve Vernon Rhinehart, were charged by information with the crime of robbery and also with the crime of assault by means of force likely to produce great bodily injury. The jury found them guilty on both counts, appellant’s motion for a new trial w j denied, and appellant has appealed from the judgment of conviction and the order denying his motion for a new trial. ...
Views: 0
Appeal from the decree of distribution in the estate of Charlotte S. Smythe, who died testate. The problem is the proper interpretation of the dispositive paragraph of her will. The provision of the will in question reads: “All that I possess I give and bequeath to this same Ruth Smyth for her during her life time, as she may need or see fit to use. If, upon her death, any of my estat...
Views: 1
Appeal from judgment upon verdict for defendant in personal injury action. Plaintiff does not question the sufficiency of the evidence to sustain the verdict, but claims prejudicial error in (1) excluding certain evidence of a prior accident and (2) giving certain instructions and refusing others. On October 11,1951, after dark, plaintiff Rose Gilbert drove into the parking lot behind defe...
Views: 9
Appellant was charged by information with the crime of murder and with the crime of assault with a deadly weapon with intent to commit murder. He was represented by counsel. A jury was selected and the trial proceeded for several days, during which time the prosecution was engaged in putting on its case. A brief statement *445 of the showing made by the prosecution follows: Appellant and Helen ...
Views: 6
Milo L. Rowell, Sr., died June 15, 1951. The state inheritance tax appraiser filed his report on May 21,1953. Therein he appraised 82 shares of stock of the United Warehouse Company, a corporation, at $78,392, or $956 per share, to which report objections were filed by the executors of the Rowell estate, as well as certain representatives of the devisees, legatees, assignees and wards (hereinaf...
Views: 8
This is an appeal by a husband from a judgment of divorce which declares that a half interest in certain real property held under a joint tenancy deed was community property, and that the other half interest was the separate property of the wife. The trial court awarded this property to the wife who was ordered to pay to the husband $10,000 in installments of $100 per month. The husband was not r...
Views: 3
In an action for deceit and false representation plaintiff recovered judgment of $5,000 and interest from June 11, 1947. Thereafter the trial court made an “Order Modifying Findings of Fact and Conclusions of Law Heretofore Signed” and an “Order Modifying Judgment.” Defendants appeal from the judgment. * Plaintiff appeals from the- two orders. *365 Questions Presented ...
Views: 9
Defendant was convicted of the possession of heroin in violation of section 11500 of the Health and Safety Code. He appeals from the ensuing judgment and the order denying his motion for a new trial. Defendant was under observation of Police Officer Poe, who was -in plain clothes, for about 45 minutes on the morning of February 21, 1953, in the area near the merry-go-round section of Lincoln Pa...
Views: 9
Booth Nash died in Merced County on January 14, 1950. He left a will dated July 17, 1930, which was admitted to probate. The relevant portions of the will are the fifth and eighth articles, which provide as follows: “Fifth: All of the rest, residue and remainder of my estate, whether the same be real, personal or mixed, of whatever kind or character and wheresoever the same may be situated...
Views: 1
The four surviving brothers and a sister of George Charles Adams (hereafter called the Adams claimants), through one of them who was appointed administrator of the estate, appeal from a decree determining that certain relatives of the intestate’s predeceased spouse (hereafter referred to as the Schmitt claimants), are entitled to inherit as statutory heirs of George Adams, under section 228 of ...
Views: 3
This is an appeal by plaintiffs from an order granting defendants’ motion for a change of venue from Shasta County to Alameda County. Plaintiffs commenced an action in Shasta County, their complaint alleging in substance as follows: That defendant American Trust Company was administrator with the will annexed of the estate'of James L. Meikle, deceased, and as such administrator gave n...
Views: 5
Petition for writ of mandate commanding the superior court to hear and determine an order to show cause regarding support of children, attorney’s fees, and costs pendente lite. Petitioner filed a complaint against Robert L. Warren wherein she alleged that she obtained a decree of divorce from him in Oregon in 1948, in which decree she was awarded custody of their two minor children, and defenda...
Views: 5
The appellants, children and heirs of the decedent, are here appealing from an order authorizing the executrix to compromise a claim for the wrongful death of Minnie V. Siberell, who was killed in an automobile accident in Kern County at the Grapevine station on the Ridge Route, August 25, 1951. The action for wrongful death was consolidated for trial with a separate action for damages instituted ...
Views: 0
This case involves a two-car collision on Highway 66 about four miles west of the City of Clinton in this State. The parties will be referred to as they appeared in the trial court. The plaintiff was riding in a car driven by her husband when that car *213 and a car driven by Jimmy Ray Sharp collided in a head-on collision. No question is raised as to the negligence of J...
Views: 0
This appeal involves the identical question of fact and law involved in Sheppard v. Hall, Old., 282 P.2d 212, this day promulgated. The conclusions therein reached are applicable and controlling here. Judgment affirmed. JOHNSON, C. J., WILLIAMS, V. C. J., and CORN, DAVISON, BLACKBIRD and JACKSON, JJ., concur....
Views: 0
The plaintiff for his cause of action:against the defendants alleged in his petition that he owned a cattle ranch in which-there was located a certain pasture, and-described the pasture, and claimed that during the year 1951 he was taking cattle for-pasture, and, but for the wrongful acts off the defendants and each of them would have stocked said pasture and that he had-an opportunity to do so. ...
Views: 1
Josie Ruth Coffelt, hereinafter called claimant, filed her first notice of injury and claim for compensation stating that on July 27, 1953 she sustained an accidental injury, arising out of and in the course of her employment in the dairy owned by F. L. Millwee, hereinafter called petitioner. She was asphyxiated from gas fumes and as a result lost consciousness, fell against the hot water heater, ...
Views: 0
On the 25th day of February, 1954, Louis Gilbert Jordan, hereinafter called claimant, filed his first notice of injury and claim for compensation stating that he sustained an accidental injury on November 28, 1953, while employed by Fleet Drilling Company, said injury being to his left hand. The liability of the employer was settled on joint petition. Thereafter ■ a hearing was conducted to determ...
Views: 0
282 P.2d 222 (1955) Roy COSAR and Dickie Johnson, Plaintiffs in Error, v. John BEMO, Defendant in Error. No. 36187. Supreme Court of Oklahoma. March 29, 1955. Rehearing Denied April 19, 1955. Embry, Crowe, Tolbert, Boxley & Johnson, by V.P. Crowe, Oklahoma City, and Wells & Wells, by A.S. Wells, and William E. Bishop, Seminole, for plaintiffs in error. Allen G. Nichols and Walter Billings...
Views: 0
This is an original proceeding in this court to review an order of the State Industrial Commission, denying an award, of death benefits under the provisions of the Workmen’s Compensation Law, 85 O.S. 1951 § 1 et seq., to the claimants, Leon Updike and Gerald F. Updike, sons, and James Updike, Jr., and Jeffrey Updike, grandsons of the deceased, Grace Pearl Updike, the employee, as against the re...
Views: 0
The parties herein occupied reverse relative positions and hereafter they will be referred to as they appeared in the trial court. This action was brought in the District Court of Kingfisher County, Oklahoma by plaintiff against the defendant for damages allegedly' sustained by plaintiff through defendant’s unreasonable delay in re-transferring to him the titles to a truck tractor and semi-trai...
Views: 0
This action involves the same parties and the same real estate as was involved in Cherry v. Chambers, 205 Okl. 71, 235 P.2d 674, 675. Material facts are as follows: Chambers was the original owner of the premises, Cherry claimed title under a resale tax deed. In the former action, Cherry v. Chambers, supra, the District Court held that the tax title of Cherry, defendant in the District Court actio...
Views: 0
On October 8, 1944, W. C. Davis, hereinafter called claimant, filed his first notice of injury and claim for compensation stating that he sustained an accidental injury October 6, 1944, while in the employ of Woodward County. On consideration of the claim, an order for temporary disability was entered. On August 8, 1953, the present proceeding was begun before the State Industrial -Commission, ...
Views: 1
This is an original action instituted in this court by Dennis Loper, petitioner, for a Writ Of Prohibition to prevent the respondent Judge of the District Court of Garvin County, Oklahoma, from proceeding with the trial of said court’s cause No: 16867, which was instituted for the stated purpose of removing petitioner froni his position as a member of the Board of Education of Paoli Independent Sc...
Views: 0
Mildred J. Keller offered for probate in the County Court of Greer County an instrument purporting to be the last will and testament of Minnie S. Dyer, deceased, and asked that administrator with the will annexed be appointed. Two daughters of said deceased filed contest of the will alleging undue influence and that the will was not executed and attested according to law. Upon hearing the will was...
Views: 0
The Attorney General on September 30, 1954, filed herein a motion to dismiss the *247within appeal. This motion was set for oral argument for October 20, 1954; counsel for the plaintiff in error did not appear for argument, and the case was submitted on the record and briefs. The defendant was charged by information filed in the district court of Oklahoma County with the crime of burglary in the s...
Views: 2
Valdhe F. Pitman was charged by an information filed in the County Court of Cleveland County with the offense of driving a motor vehicle on the public highway while under the influence of intoxicating liquor, a jury was waived, the accused was tried, found guilty and sentenced to pay a fine of $100 and has appealed. No brief has been filed on behalf of the accused and no appearance was made for hi...
Views: 0
The defendant, Ira Q. Beasley, was charged by an information filed in the Superior Court of Comanche County with the crime of accepting a bribe, 37 O.S.19S1 § 7, allegedly committed on August 15, 1953, was tried, convicted and pursuant to the verdict of the jury was sentenced to serve a term of one year and one day in the penitentiary and has appealed. Complaint is made of instruction number ...
Views: 6
This is an action brought by Chester Lee (Jim) Gonzalis, petitioner, for a writ of *256 prohibition praying the writ be directed to Joe M. Lynch, county judge of Adair county, Oklahoma, acting as examining magistrate in the case of State v. Gonzalis, No. 2772 pending in said county court, directing said judge to refrain from exercising further jurisdiction over said cause in the matter of a pre...
Views: 4
The plaintiff in error, L. B. Burns, was convicted in the county court of McCurtain County of the charge of unlawful possession of intoxicating liquor. The jury assessed a penalty of a fine of $50, and thirty days confinement in the county jail. *259 The question as to whether or not the trial court correctly overruled the motion to suppress is the only issue presented. Prior to trial defen...
Views: 1
Appellant operated a hog farm near Seattle, Washington. During the period involved in this suit, he fed his hogs exclusively upon garbage collected from Firland Sanatorium in Seattle under a contract granting him permission to remove all edible garbage which should accumulate there. The contract required the appellant to post a bond for faithful performance and was signed by the business manage...
Views: 5
The sole question on this appeal is whether the personal labor of plaintiff, an independent contractor, was the essence of his contract of employment within the purview of Rem. Rev. Stat. (Sup.), § 7674-1 [cf. RCW 51-.08.180], which reads as follows: *476 “The term workman within the contemplation of this act means every person in this state who is engaged in the employment of or ...
Views: 3
This is an appeal from a judgment dismissing an action for rescission and cancellation of a deed. In the fall of 1942, Charles Clements, then of the approximate age of sixty-four years, purchased an eighty-acre tract of farm land in Clark county. The purchase price was five’ thousand dollars, of which the respondents supplied five hundred dollars. Mrs. Olsen is his niece. The January follo...
Views: 6
The judgment herein decrees specific performance of a written contract between Peter Wallerich and Maude Wallerich, executed shortly after their marriage in 1906 and subsequently lost, in which they agreed to consider their separate property as community property and to execute wills so written that, if they had children, it and all subsequently acquired property would descend in equal shares t...
Views: 0
action was brought to determine the legal liability for a collision between two automobiles which occurred on the evening of September 18,1953, at the intersection of the Maple Valley road and Jones road, which is about three miles east of Renton. The suit was commenced by Mr. Montgomery, the owner and driver of the Nash car involved in the accident, and by Mrs. Crouch, who was riding as a gues...
Views: 6
At about nine p. m. on December 5, 1952, which was a dark and rainy night, plaintiff, Lillian M. Ruth *436 erford, was a guest in seventy-nine-year-old Bertucci’s model A Ford roadster. He was driving north on south Cedar street, in Tacoma. He stopped at the intersection with south Twelfth street, which is an arterial, looked to the right and left, and did not see defendant Deur’s car. He then ...
Views: 5
The plaintiff’s predecessor in interest constructed a bridge over the Columbia river between Hood River county, Oregon, and Skamania county, Washington, and plaintiff maintains and operates it under authority of an act of Congress. It charges tolls for pedestrian and vehicular traffic. The users of the bridge who are engaged in commerce at all, are in interstate commerce. Tolls are fixed by the se...
Views: 0
This is an appeal from a judgment entered upon the verdict of a jury in favor of the plaintiffs in an action for breach of contract. January 1, 1949, the'appellant, Time Oil Company, leased to Ivan L. Blair real estate in Seattle, upon which was located a gasoline service station, an automobile repair garage, several small rental garages, and. a dwelling. The provisions of the lease p...
Views: 3
As in Harper v. Department of Labor & Industries, ante p. 404, 281 P. (2d) 859, the question here is whether the claimant presented any medical testimony from which it could be found that there was a greater percentage of permanent partial disability at the time of the closing of his claim than that allowed by the supervisor of industrial insurance. The supervisor closed the claim on July 5, 1950,...
Views: 1
This is the case of the purchaser who changed his mind, and of the seller who refused to “call off the deal.” Skipping all prior negotiations, except as reference thereto may hereafter be necessary, we begin with two agents of Bob Ervin, a Buick dealer, hereinafter called the seller, at the home of Roy Simms, hereinafter called the purchaser, on the evening of February 18, 1953, they havin...
Views: 1
As in Harper v. Department of Labor & Industries, ante p. 404,-281 P. (2d) 859, the question before us is whether the claimant had presented any medical testimony from which it could be found that there was a greater amount of permanent partial disability at the time of the closing of his claim than that allowed by the supervisor of industrial insurance. The claim here was for “acute strain—lumbar...
Views: 0
This is an appeal from an order sustaining defendant’s demurrer to the sufficiency of the information and a cross-appeal from an order overruling defendant’s plea of former jeopardy. The charging part of the information accuses Merle Frank Lewis of the crime of bigamy committed as follows: “That the said defendant in the County of Chelan, State of Washington, on the 19th day of November, 1953, ...
Views: 3
Plaintiffs commenced this action to recover damages for alleged negligence and trespass arising out of the acts of defendants in dredging the mouth of the Humptulips river and causing damage to the plaintiffs’ growing oysters. Summons and complaint were served on February 7, 1952. Motion to make more definite and certain and to strike, and a demand for security for costs, were served on February ...
Views: 0
Appeal from a judgment on a verdict for plaintiff awarding damages for personal injuries sustained while on the property of defendant, Phillips Petroleum Company. At the time he was injured, plaintiff was engaged in steam cleaning a truck owned and operated by his employer, Parley Drou-bay, a “distributing agent” of defendant’s products, on a concrete platform maintained by the defendant to cle...
Views: 1
(dissenting). I dissent. I believe tha't most of the argument of the main opinion touches the primary negligence of the litigants rather than that involved in a last clear chance-situation. Further, it is suggested that the opinion assumes an inextricable peril that exists, if at all, in the arguments of the-main opinion, and a clear chance that is. not reflected in the record, — but one, rather, ...
Views: 0
William B. Mason, plaintiff and respondent herein, brought this suit to impress a trust on' six 40 acre tracts of land in Box Elder County, Utah.to which the United States issued a patent, to .Wayne N. Mason, appellant herein, after sale to him under the .authority.,of Sec: 245.5. -of .the- Revised ’Statutes as amended, 43 U.S.C.A. § 1171, which, so. far as material here, reads as .'follows: “ * *...
Views: 0
Defendant was found guilty of murder in the first degree. No recommendation of leniency, as permitted by statute, was made by the jury and he now awaits the outcome of this appeal under sentence of death in the Utah State Prison. It is not questioned that the defendant Paul Buddy St. Clair shot and killed Vesta Wittke on July 6, 1953. The issue at the trial was as to the gravity of the crime. T...
Views: 5
The State Tax Commission found that the Marriner W. Merrill Family Foundation, Inc., was not exempted from the payment of franchise tax by U.C.A.1953, 59-13-4(4) as a corporation organized and ■operated exclusively for charitable or educational purposes and assessed the minimum franchise tax of ten dollars against the corporation. Certiorari brings the question before us for review, The purpose of...
Views: 0
Plaintiff, a sixteen year old boy, was struck and severely injured by defendant’s train as he stood upon its crossing at 8th North and 3rd West Streets in Salt Lake City, Utah. Upon issue joined as to defendant’s negligence, and plaintiff’s contributory negligence, trial was had to the court. It found no negligence on the part of defendant, nor contributory negligence by plaintiff, and dismissed t...
Views: 0
The defendant was charged within Garfield County, State of Utah, with wilfully and unlawfully driving a motor vehicle along U. S. Highway 89 about one mile east of Panguitch, Utah, while under the in*255fluence of intoxicating liquor, in violation of Section 41-6-44, U.C.A.1953, and by the information supplement, with having been convicted of a similar offense prior thereto. The action was tried i...
Views: 0
Takataro Shiba and Miyoe Shiba appeal from a judgment dismissing upon the merits their action for the death of their son, Yoshiro George Shiba, in an automobile accident involving three vehicles! The accident occurred about 5:40 A.M. on Oct. 19, 1953, on Highway 40 a few miles west of Strawberry Reservoir. Highway 40 is a 22 feet wide hard-surfaced road with three feet shoulders on each side. I...
Views: 4
This is a motion by the defendant Thomas Gr. Walker to dismiss an appeal taken by the state from a judgment of acquittal in a criminal action. The defendant was indicted jointly with Richard L. Berry for a violation of Oregon Laws 1941, ch 439 § 3 (now ORS 163.090, as amended by Oregon Laws 1953, ch 676), which defines the crime of “negligent homicide”, and was tried separately. Before the complet...
Views: 0
This is an appeal from a summary judgment of the circuit court determining an amount due as attorney’s fees and enforcing the lien which had been claimed therefor. It was heard without the benefit of a brief or oral argument in behalf of the respondent. The appellant Guy E. Hughes, an attorney, instituted an action in May 1948 against the defendants Crane on their note in favor of Joe Crawford,...
Views: 4
This proceeding contests the last will and testament of Sophie Fredricks. It was instituted by the decedent’s brother, Joseph Clauder, against Marie E. Morser, the decedent’s daughter and sole heir under her will executed June 3,1952. From a decree sustaining the will, the brother appeals. Sophie Fredricks was 79 years of age when she died in the Hazelwood Sanitarium in Portland, Oregon, on Jun...
Views: 3
This is a damage action for personal injuries alleged to have been caused by the negligent operation of a motor vehicle, brought by Frederick B. Anderson, as plaintiff, against Walter Max Finzel, as defendant. Judgment of involuntary nonsuit was entered against plaintiff, and he appeals. The accident involving plaintiff occurred on January 1, 1952, about 5 p.m., at the intersection of S. E. Pow...
Views: 6
The question for decision on this appeal is whether Marshall N. Dana, a recent appointee to the Commission of Public Docks of the City of Portland, is disqualified to hold that office because he is not a resident of the City of Portland. The question was submitted to the Circuit Court without action or suit pursuant to the provisions of OBS 27.030. The court was of the opinion that under t...
Views: 4
OPINION By the Court, This is an appeal by the state from a judgment granting Dudley Kline, the respondent, a writ of habeas corpus and discharging him from custody after he had *125 been held for trial pursuant to a hearing before a committing magistrate charging him with the crime of extortion. The only question we are called on to decide is whether it was error for the district court to ...
Views: 4
The opinion of the court was delivered by This was an action by plaintiffs to recover damages for injuries to property as later mentioned. The trial court struck certain allegations from the plaintiffs’ second amended petition and they have appealed. An opinion is this day being filed in Wildin v. City of Hutchinson (ante 671) and reference is made to portions thereof applicabl...
Views: 2
The opinion of the court was delivered by The fundamental questions in this appeal are whether in an action against the defendant city to recover for injuries to property as alleged in their petition the plaintiffs were required by G. S. 1949, 12-105 to file statement of their claim with the city, and if so whether the statement they did file met statutory requirements. An opinion is this day b...
Views: 1
The opinion of the court was delivered by This was an action for ejectment and partition of an alleged undivided interest in farm land. The trial court rendered judgment for defendants and plaintiff appeals. The events giving rise to this lawsuit are necessary to a proper understanding of the appellate issues involved and the arguments advanced by the parties with respect thereto. Fo...
Views: 5
The opinion of the court was delivered by This was an action on a written contract for the sale of real estate, seeking to have the balance due adjudicated, and also for an adjudication of the amount due for materials and supplies used in the construction of a residence property. Following a trial by the court judgment was rendered for plaintiffs, and defendants have appealed. *647The trial court ...
Views: 0
The opinion of the court was delivered by This is a divorce action, and the decisive question is whether the appeal was taken in time. For reasons which will hereinafter appear, we are compelled to hold that it was not, and that the appeal must be dismissed. *651 The facts are as follow: Plaintiff husband sued his wife for divorce on the ground of abandonment for one year. She answered ...
Views: 0
The opinion of the court was delivered by This is an appeal from rulings made in a condemnation proceeding in which an answer and cross-petition seeking injunctive relief, were stricken from the files and a temporary restraining order theretofore issued was set aside and dissolved. On April 5, 1954, pursuant to G. S. 1949, 32-213, and in full and complete compliance with G. S. 1949, ...
Views: 4
The opinion of the court was delivered by This was an action to set aside deeds to real property or in the alternative to enforce a contract for rents and profits, and in a second cause of action to foreclose a mortgage on the same real estate. The motion of defendants to compel plaintiff to elect between two alleged theories upon which he relied was sustained. Plaintiffs have appealed. At the out...
Views: 0
The opinion of the court was delivered by This is an appeal from the judgment of the district court of Republic County considering an order of the State Corporation Commission which denied appellant’s application for authority to discontinue the operation of its passenger trains Nos. 25 and 26 *698 between Belleville and Goodland, Kansas, found it to be lawful and reasonable, and rendered jud...
Views: 2
The opinion of the court was delivered by This is an appeal from the trial court’s order granting a permanent injunction in favor of appellees and enjoining appellants from interference with or penalization of appellees as a result of exhibition of the motion picture, “The Moon is Blue.” The appellants are the Kansas State Board of Review, the attorney general, and the county attorne...
Views: 8
The opinion of the court was delivered by This appeal was taken from an order of the district court granting appellee ninety days to comménce, or cause to be commenced, the drilling of an oil or gas well to be completed with due diligence to test the Douglas formation in the Medicine Lodge area and to develop the lease subject to further order of the court or, in the alternative, to release a...
Views: 8
The opinion of the trial court was delivered by This was an action by claimant Marion D. Coble, appellee and cross-appellant, hereinafter referred to as claimant, to recover compensation under the Workmen’s Compensation Act against respondent appellant Bruce Williams, doing business as Bruce Williams Laboratories, his immediate employer, hereinafter referred to as Williams and respondent,...
Views: 2
The opinion of the court was delivered by This appeal arises under the Kansas income tax act (G. S. 1949, 79-3201, et seq.). It involves the validity of an order of the state commission of revenue and taxation whereby it, in 1953, assessed additional Kansas income tax liability and interest thereon against Beech Aircraft Corporation (hereinafter referred to as taxpayer) for the fiscal year ending...
Views: 0
The opinion of the court was delivered by This was a proceeding for a writ of habeas corpus commenced on November 29, 1954, in the district court to obtain custody of a minor child under circumstances later mentioned. The trial court granted the writ and respondents have appealed. The substance of the petitioner’s allegations was that he was the *2 father of Patricia Ann Thompson, two years o...
Views: 2
The opinion of the court was delivered by On a date not disclosed by the abstract plaintiff commenced the action out of which this appeal arises by filing a petition alleging that on August 21, 1953, the defendant intentionally *634 and maliciously shot him with a revolver inflicting injuries for which he sought damages in the sum of $50,000. The defendant answered and d...
Views: 0
The opinion of the court was delivered by This appeal was taken from a judgment or decree of the district court affirming the probate court’s order decreeing specific performance of a family settlement contract between a father and his two daughters by a first wife, now deceased, over and against an antenuptial contract between the father and his wife of a subsequent marriage. Peter Komarek (herei...
Views: 0
282 P.2d 452 (1955) In the Matter of the ESTATE of Joe SPOYA, Deceased. Arnold H. Olsen, Attorney General, Appellant, v. Rafo IVANCEVIC, Counsel General of Federal People's Republic of Yugoslavia, in his representative capacity as Attorney-in-fact for Rose Spoya, et al., Respondents. No. 9266. Supreme Court of Montana. Submitted January 13, 1955. Decided April 5, 1955. Rehearing Denied April 18, ...
Views: 2
Joe Spoya died testate on the 8th day of May 1949, a resident of Missoula County. By his will he devised and bequeathed certain described property to certain named residents of Montana and then bequeathed a bank account in the Western Montana National Bank of Missoula, share and share alike, to six nieces residing in the Republic of Croatia, which forms with other territories the Republic of Yugos...
Views: 2
282 P.2d 459 (1955) R.B. FRASER and Rosabelle Fraser, Plaintiffs and Respondents, v. E.C. CLARK and Evan Owens, Defendants and Appellants. No. 9522. Supreme Court of Montana. Submitted March 18, 1955. Decided April 5, 1955. G.J. Jeffries, Roundup, Howard C. Gee, Lewistown, G. J> Jeffries, Roundup, Howard C. Gee, Lewistown, argued orally, for appellants. Ralph J. Anderson, Stanley P. Sorenson, ...
Views: 3
This action in negligence was brought by H. S. Moroney and Gerda Moroney, his *38 wife, plaintiffs, to recover damages for injuries to the person of Gerda Moroney. At the trial the jury returned a verdict in favor of each of the defendants, Clara Joyce Smith, William David Smith, Clara Gregory Smith and Lela Smith, which verdict was set aside by the trial judge and an order was ent...
Views: 11
Respondent and appellant are brothers; they are herein referred to as plaintiff and defendant, respectively. Plaintiff sets forth in his complaint that the two brothers entered into Articles of Partnership August 27, 1951, to carry on a cattle ranch operation as Cardoza Brothers-Ranch at Star Valley, Owyhee County, Idaho; that August 22, 1952, they entered into a written agreement of Disso...
Views: 5
282 P.2d 478 (1955) HOFF BUILDING SUPPLY, Inc., Plaintiff-Appellant, v. Telpher E. WRIGHT, Defendant-Respondent, and F. Marvin Henderson, Defendant. No. 8150. Supreme Court of Idaho. March 30, 1955. Rehearing Denied May 2, 1955. Dunlap & Dunlap, Caldwell, for appellant. Laurence N. Smith, Meek & Miller, Caldwell, for respondent. KEETON, Justice. This case has heretofore been before this C...
Views: 0
Plaintiff and plaintiff in intervention appeal from a judgment for defendants entered after defendants’ demurrers to their complaints were sustained without leave to amend. Plaintiffs sought to enjoin defendants from appropriating and expending for general municipal purposes the income derived from the sale of oil and gas produced from the tide and submerged lands granted in trust to the city of L...
Views: 0
This is an appeal from a judgment entered on a verdict in favor of the defendant in an action for damages for personal injuries sustained by plaintiff pedestrian in a collision with a San Francisco municipal railway bus. There is also an appeal from a denial of a motion for a new trial by operation of law because of the failure of the trial court to determine the motion within the statutory per...
Views: 13
44 Cal.2d 359 (1955) FRED H. MILLER, Appellant, v. DONALD GLASS et al., Respondents. L. A. No. 23504. Supreme Court of California. In Bank. Apr. 22, 1955. Fred H. Miller, in pro. per., for Appellant. Edmund G. Brown, Attorney General, Alexander Googooian, Deputy Attorney General, Reed & Kirtland and Robert C. Packard for Respondents. SPENCE, J. Plaintiff appeals from a summary judgment...
Views: 10
Defendant appeals from an order denying its motion to discharge an attachment. The action in which the attachment was issued was brought to recover money due under a written contract made in the state of Florida. The contract was silent as to the place of payment, and the trial court admitted parol evidence to determine the place of payment. Defendant contends that this was improper, and that i...
Views: 13
44 Cal.2d 459 (1955) 282 P.2d 509 THE PEOPLE, Respondent, v. ALFRED BERGER, Appellant. Docket No. Crim. 5664. Supreme Court of California. In Bank. April 27, 1955. Morris M. Grupp for Appellant. Charles R. Garry, Norman Leonard, George Olshausen and Leo R. Friedman as Amici Curiae on behalf of Appellant. *460 Edmund G. Brown, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, E...
Views: 21
From a judgment in favor of defendants in a trial before the court without a jury in an action to recover damages for personal injuries suffered in an automobile accident, plaintiff appeals. Facts: 1 On March 29, 1952, plaintiff, a child of 10 years of age, was injured in an automobile accident which occurred *474 when the automobile .in which she was riding and which was driven by de...
Views: 1
This appeal is by defendants from a judgment entered upon the verdict of a jury awarding plaintiff $15,000 damages for personal injuries sustained by plaintiff in an intersection collision while she was riding in an automobile driven by appellant Jessie Ferguson with the knowledge and consent of its owner, G. R. Ferguson. There are two points to be passed upon herein. The first: Was respondent ...
Views: 11
Elizabeth S. Ritchie filed an application with the respondent commission for adjustment of claim on behalf of herself and Gerald Pollinger, a minor, and grandson of Elizabeth. 'Both claimed as dependents of Sydney E. Braden who was accidentally killed in the course and scope of his employment. Petitioner, as insurance carrier for the *565employers, contested the claims upon the ground that neither...
Views: 0
Plaintiff below appeals from a judgment rendered after the entry of an order sustaining a demurrer to her amended complaint without leave to further amend. By her first complaint appellant alleged that respondent Jennie Daniels was the widow of Shull H. Daniels, deceased, and that appellant brought the action as an heir of said decedent in behalf of herself and all other heirs; that “through extri...
Views: 0
Lamberson and Puentes were convicted by a jury on two counts of armed robbery. Lamberson was also found by the jury to have suffered a prior conviction of robbery. Lamberson, referred to as defendant, appeals from the judgment and from the.order denying his motion for a new trial. Defendant’s principal ground for reversal is that due to the loss of part of the reporter’s notes covering some of the...
Views: 0
The instant appeal was taken by decedent’s son and wife from the judgment dated March 15, 1954, which overrules their contest of decedent’s will and codicil presented for probate by Ann Marie Newman; admits to probate decedent’s will dated February 23, 1949, and his codicil thereto dated October 3, 1952; appoints said Ann Marie Newman administratrix with the will annexed; revokes the order made on...
Views: 0
After a trial by jury, plaintiffs recovered judgment for personal injuries alleged to have resulted from the maintenance of an unpaved gravel road known as 80th Street Bast, which road served as a means of access to a small number of ranches located to the northeast of the community of Lancaster in Antelope Valley. The liability of the county was predicated on the Public Liability Act, making i...
Views: 0
Action for damages for personal injuries sustained when plaintiff was thrown from a horse which she had rented from El Rancho Stables, a riding academy that was owned by defendant Saunders and operated by defendant Smith. The complaint alleged two causes of action. The first cause of action was based upon the alleged negligence of defendants in renting a horse to plaintiff which was not suitabl...
Views: 4
Luke Patrick Guarino appeals from convictions of grand theft and burglary and from an order denying his motion for a new trial. He was accused of having suffered three prior convictions, which he admitted. It was alleged in the information that on or about December 5, 1953, defendant unlawfully and feloniously entered a shop in the store of I. Magnin and took about $15,000 worth of jewelry...
Views: 16
132 Cal.App.2d 476 (1955) Estate of FLORENCE MacALPINE McAULIFFE, Deceased. THE FIRST CHURCH OF CHRIST, SCIENTIST, in Boston, Massachusetts, Appellant, v. FIRST TRUST & SAVINGS BANK OF PASADENA, as Trustee, etc., et al., Respondents. Civ. No. 20744. California Court of Appeals. Second Dist., Div. Two. Apr. 21, 1955. Lindstrom & Bartlett and Arthur W. Eckman for Appellant. James W. Hi...
Views: 3
This is an appeal by The First Church of Christ, Scientist, of Boston, Massachusetts, from two orders of the probate court: (1) determining residuary interest under will and overruling objections to inheritance tax report; and (2) fixing inheritance tax. Testatrix, a widow, made her will in May, 1952, and passed away the following October. She left surviving no children or lineal descendants. Her ...
Views: 0
This is an appeal by defendant from a judgment that plaintiff is the beneficial owner of an undivided one-half interest in certain real property, the record legal title of which stands wholly in the name of defendant, and ordering that the latter convey an undivided one-half interest therein to plaintiff. The complaint contains two causes of action, the first of which seeks to impress a trust i...
Views: 3
This is an action for declaratory relief whereby plaintiffs seek a declaration of the legal effect of certain joint tenancy deeds. The complaint contains two causes of action, each relating to separate parcels of real property, the allegations of both causes of action are substantially similar as are the answers of the respective defendants. Plaintiffs Bonnie M. Fifield and Frances Irene Coffin...
Views: 0
This is an appeal by plaintiff from a judgment for defendants, entered upon plaintiff’s failure to amend after a general demurrer was sustained to plaintiff’s first amended petition in quo warranto. Defendants were insurance companies authorized to do and doing business in the State of California. Included in the business of defendants was the writing of policies of insurance covering negl...
Views: 4
Defendant appeals from a judgment, after trial before the court without a jury, in an action to recover damages for breach of a contract. Defendant contends that “the trial court erred in awarding judgment and damages to the respondent.” Nowhere in defendant’s brief is any attack made on any finding of fact nor are there any references in *472 his brief to the reporter’s transcript. Hence t...
Views: 3
This action for the alleged mishandling of the sale and proceeds of the sale of the Worth Hotel, was brought by H. W. and Jewel L. Gould, husband and wife, against Louis T. Samuels and Helen Frederick, real estate brokers, and against Max Stern, the Title Insurance and Guaranty Company, and the City Title Insurance Company. It is alleged in the amended and supplemental complaint that the broker...
Views: 0
Plaintiff appeals from a judgment of dismissal upon sustaining without leave to amend defendants’ demurrers to an amendment to an amended complaint and upon granting a motion to strike said amendment. *499 Questions Presented 1. After the sustaining with leave to amend of demurrers to a complaint, is an amendment to that complaint a proper pleading ? 2. Does the complain...
Views: 7
Petitioner seeks a peremptory writ of mandamus commanding the superior court to dismiss a criminal *537 action pending against him on the ground he has not been brought to trial within 60 days after the filing of the information as required by section 1382 of the Penal Code. On December 30, 1954 an information was filed charging petitioner with the crime of burglary. On December 31 he was arr...
Views: 0
Plaintiffs and defendant entered into a written agreement for the sale and purchase of the Langham Apartment Hotel and furnishings in the city of Los Angeles. Defendant purchaser gave the real estate broker who arranged the transaction his check for $10,000, to apply on the purchase price. A few days after making it, the defendant repudiated the agreement, and stopped payment on his cheek. Tw...
Views: 2
Alessandrina Taddeucci commenced an action in ejectment against her son, Alvin Taddeucci, and his wife, Johanna Taddeucci, for possession of certain farm property in Sonoma County known as the “Home Ranch.” Defendants filed a cross-complaint in which it was alleged that on or about January, 1934, defendant Alvin Taddeucci and his father, Jacopo Taddeucci, entered into an oral agreement that said d...
Views: 1
In an amended indictment the defendants were accused of a conspiracy to commit the crime of asking or receiving bribes by a public officer. They were also accused in six counts of asking or receiving bribes by a public officer; in three counts of grand theft; and in two counts of attempted grand theft. *571 Count One charged that the three defendants and certain unknown persons conspired to c...
Views: 5
This is an action in “claim and delivery,’’ in which it is alleged that both defendants detain from the possession of the plaintiff a $500 sapphire ring belonging to him. Plaintiff appeals from a judgment that denied him any relief as to defendant Sidney Fisher and which limited his relief as to defendant Jean Heiniger to the recovery of possession of the ring or, in case possession could not b...
Views: 1
This is an appeal by the plaintiffs from a judgment of the circuit court in favor of the defendants which is based upon the verdict of a jury. The action which gave rise to the challenged judgment was in replevin and its subject matter, according to the complaint, was a “1947 Trailermobile semi-trailer.” The plaintiffs, Thomas R. Dicillo and William T. Johnston, are partners who do busines...
Views: 1
This is an action brought for Marvin S. Schweigert, a minor, by his guardian against the Beneficial Standard Life Insurance Company, a California corporation, to recover certain hospital, surgical and medical benefits alleged to have accrued under the terms of a policy in favor of the plaintiff as the party assured. The jury returned a verdict in favor of plaintiff. Subsequently, the court entere...
Views: 5
On Angnst 6,1953, during a recess of the court, Mr. Justice Lusk, on application of appellant made in chambers, granted a temporary restraining order staying execution on a judgment o.f the Circuit Court for Clackamas County in the sum of $3779.00 plus $31.48 costs in favor of respondent and against appellant. Prom a showing in writing it appeared that appellant, in appealing from the judgment, ha...
Views: 0
We have before us in this case questions of the interpretation, application and constitutionality of an act passed by the 1953 legislative assembly governing certain aspects of labor-management relations (Oregon Laws 1953, ch 723, ORS 662.610-662.790). The act provides for the appointment of a labor examiner with authority to issue a complaint on a charge that a person is engaged in conduct made u...
Views: 0
This is an action by plaintiff, Bert Inman, to recover certain monies alleged to be due him from defendant, Brice Realty Company, a corporation, as commissions on the sale of real estate. The jury returned a verdict in .favor of plaintiff in the sum of $3,000, and judgment was entered accordingly. Defendant appeals. This is a companion case to that decided in a separate opinion handed down by this...
Views: 0
The question posed is whether a trial court has the statutory authority to award attorneys’ fees against a party who is partially unsuccessful in his application for a modification of a divorce decree. The decree in the present case granted to plaintiff, Bertha June Scott, a divorce, the custody of the two children, Sherwin and Carolyn, now eleven and six years of age respectively, with defendant’...
Views: 1
The plaintiff commenced a suit against the defendant to foreclose a chattel mortgage upon personal property situated in Clackamas county, Oregon, which mortgage was given to the plaintiff by the defendant to secure a promissory note in the original sum of $7,000. The defendant admits the execution and delivery of the note and the chattel mortgage. He defends on the grounds of want of consi...
Views: 6
By decree dated June 9, 1958, the Circuit Court granted to the plaintiff a divorce, the custody of a minor child, and an award of property. Plaintiff has appealed from the property award, contending that it is not adequate in view of the circumstances. The parties were married on September 16, 1929. They lived on a farm near Cottage Grove in Lane County, title to which stood in their names as tena...
Views: 0
This is a suit to set aside and declare null and void a decree of adoption entered in the county court for Coos county, Oregon, brought by James Edward Whet-more, as plaintiff, against Benny J. Fratello and Phyl *318 lis Joanne Fratello, husband and wife, and the state of Oregon, as defendants. A decree was entered dismissing plaintiff’s suit with prejudice, and he appeals. On January 19,1948...
Views: 0
This is an appeal by the defendants (except defendant Edward H. Weil) from a judgment entered against all defendants except Weil in favor of plaintiff American Surety Company of New York, a corporation, for the sum of $46,646.83, with interest at the rate of 6 per cent per annum from April 27,1951, until paid. Plaintiff is a New York corporation and is engaged, among other things, in the b...
Views: 0
This is an appeal by the state from a judgment of the circuit court which was entered in favor of the defendant after the court had sustained a demurrer to the indictment upon the ground that the indictment did not charge the commission of a crime. The indictment is based upon Oregon’s negligent homicide statute, ORS 163.090. The latter was amended, after the indictment was filed, by Orego...
Views: 16
delivered the opinion of the Court. *429 This is an original proceeding praying for a rule upon respondents to show cause why petitioner should not be released on bond after jury verdict and pending disposition of the case upon motion for new trial. Petitioner alleges he was charged in information with a misdemeanor, involuntary manslaughter growing out of a vehicular-pedestrian accident; t...
Views: 0
The opinion heretofore filed on this appeal is hereby withdrawn and the one to follow is substituted in lieu of it. This is an appeal from the judgment of the district court of the First Judicial District sitting in Santa Fe County, vacating an order of the State Corporation Commission, dated May 14, 1951, cancelling an earlier order extending a Certificate of Public Convenience and Necessity N...
Views: 5
The question for decision is whether following a jury verdict for defendant, the trial court abused its discretion in denying plaintiff’s motion for a new trial on the ground of a newly discovered eye witness to the automobile collision in which plaintiff suffered the injuries and loss made the basis of his action for damages. The plaintiff’s evidence disclosed he was traveling north on Main St...
Views: 2
The appellant seeks the reversal of an award under the Workmen’s Compensation Act, 1953 Comp. § 59-10-1 et seq., for 80% permanent disability because of an injury to appellee while he was working as a member of a crew engaged in the general work of installing culverts in ditches, fixing water gates, repairing bridges, repairing dikes and filling sand bags for use along the river banks in connecti...
Views: 3
On the 30th day of April, 1951, plaintiff filed this suit for the recovery of damages for breach of a covenant of warranty in a deed. The deed was executed by defendant on the 23rd day of June, 1941. There was set out an alleged copy of the deed showing that R. Smith, the grantor, defendant in this suit, was a resident of Roosevelt County, and that plaintiff, Beulah Miller, was a resident of th...
Views: 6
The plaintiff as appellant in this Court seeks the review of a judgment of the district court of San Miguel County dismissing his complaint composed of two counts, the first seeking to quiet title to a three-acre tract of land in San Miguel County consisting of two small adjoining tracts; the second being one in ejectment to recover possession of the same acreage and for damages by way of rental ...
Views: 6
Plaintiff, Ida Mae Chitwood, brought this action in the District Court of LeFlore County against George Farrar to recover damages allegedly sustained by reason of fraudulent representations made by defendant in the sale of cattle to plaintiff. In support of the allegations of her petition plaintiff’s evidence reasonably tends to show that she was engaged in cattle and dairy business and had bee...
Views: 0
This is the third proceeding to review an award made to claimant for the same accidental injury sustained on June 24, 1944, when he suffered an injury to the *733right eye. Special Indemnity Fund v. Bramlett, 201 Okl. 415, 206 P.2d 972; Bramlett v. Luper Transportation Co., Okl., 258 P.2d 895, 898. In Special Indemnity Fund v. Bramlett, supra, the case was remanded to the State Industrial Commissi...
Views: 0
The parties will be referred to as they appeared in the trial court. In this proceeding plaintiffs sought to quiet title to a tract of land consisting of 200 acres situated in Atoka County, Oklahoma. Plaintiffs deraign their title to the land in the following manner; that on the 14th day of May, 1947, the then County Treasurer of Atoka County, executed a Treasurer’s Resale Deed to Willard Calli...
Views: 0
This is an appeal from the judgment of the District Court affirming, upon trial de novo, an order of the County Court of Lati-mer County, refusing admission to probate of the will of Simon Atohka, a full blood Choctaw Indian resident of said County, who died June 26, 1951, seized, and apparently residing upon, a portion of the Indian allotment of his pre-deceased Indian wife, •Melvina, estimated ...
Views: 0
This is a proceeding by William Douglas Miller to review an order of the State Industrial Commission denying compensation on a claim filed against respondent, Steelman Construction Company and its insurance carrier, Insurors Indemnity and Insurance' Company. The trial commissioner denied compensation on the theory that petitioner was not an employee of respondent at the time he sustained his in...
Views: 1
Parties will be referred to as they appeared in the trial court. This action was filed in the District Court of Tulsa County, Oklahoma, by Ambrose H. Rice, et al, for an injunction against Pierce Winningham, who operated an aitto salvage yard outside the city limits of Tulsa. The injunctive relief sought was to prevent defendant from extending his business operations into a certain unzoned area. P...
Views: 0
This is a proceeding brought by National Zinc Co., Inc., a corporation, and its insurance carrier, Hartford Accident and Indemnity Company, to review an award of the State Industrial Commission awarding compensation to respondent, E. S. Sea-bolt. On January 15, 1953, respondent filed his claim for compensation’’in which he states that on August 21, 1952, while in the employ of petitioner N...
Views: 1
120 Utah 93 (1951) 232 P.2d 746 LEGGROAN et al. v. ZION'S SAVINGS BANK & TRUST CO. No. 7481. Supreme Court of Utah. Decided June 12, 1951. *95 David H. Oliver, Raymond R. Brady, Salt Lake City, for appellant. H.P. Thomas, Salt Lake City, for respondent. WOLFE, Chief Justice. This action was instituted by Peter D. Chambers and Louis Leggroan to compel defendant, respondent bank, trustee of a t...
Views: 0
Plaintiffs, Emma V. Shaw, the surviving widow, Robert E. Shaw, a son, and William Shaw, Louise Gilbreth, and Joan Grimes, children of a deceased son and grandchildren of E. B. Shaw, deceased, brought this action in the District Court of Lincoln County against Don O. Shaw, son of E. B. Shaw, deceased, and his wife, Emma V. Shaw, and brother of Robert E. Shaw, alleging that during his lifetime said...
Views: 4
The plaintiff alleged a balance due from the defendant in a transaction wherein the plaintiff furnished a truck and truck driver for the use of the defendant in the conduct of its general trucking business, and wherein, at the instance and direction of the defendant, said truck and services of the truck driver were used in the transportation of certain cargo of certain weight and to a certain des...
Views: 1
Tony Wayne Sidwell, a sixteen year old boy, as plaintiff brought this action by and through his mother and next friend, Ava Jane Sidwell, ágainst W. F. Peterson III and Mickey McVay, two other boys about the same age, and against Ralph H.’ McVay and Myra E. McVay, the parents of the latter, all- as defendants to recover damages for personal injuries resulting from a fireworks explosion. The .part...
Views: 1
282 P.2d 759 (1955) UPDIKE ADVERTISING SYSTEM, Inc., and The Hardware Mutual Casualty Company, a corporation, Petitioners, v. STATE INDUSTRIAL COMMISSION, and Susan Updike, for herself and as mother and next friend of James Updike and Jeffrey Updike, minors, Respondents. No. 35637. Supreme Court of Oklahoma. February 1, 1955. Rehearing Denied March 29, 1955. Application for Leave to File Second P...
Views: 2
In this case it appears that on February 4, 1954, petitioner herein, A. W. Ferguson, while in the employ of Pascal P. Paddock, doing business as “Pools by Paddock”, sustained an accidental injury consisting of an injury to his left leg. The injury occurred while he was engaged in pushing a wheelbarrow loaded with cement and his left foot hung on some object and twisted his knee. As a result of th...
Views: 0
The plaintiff in error, Otis Lee Minnix, who will hereinafter be referred to as defendant, was jointly charged with Sam Win-field Baker with the crime of aggravated assault, by information filed in the court of common pleas of Oklahoma County. Baker fled and could not be found when the case came on for trial. The jury found the defendant guilty, but being unable to agree upon the penalty, left th...
Views: 4
Robert E. Dunnam was charged, by information; in the Municipal Criminal Court of the City of Tulsa, State of Oklahoma, with the offense of operating a motor vehicle while under the influence of intoxicating liquor, on a public highway in the City of Tulsa, Oklahoma, to wit: in the 1500 block on East Fourth Street, fin said City, County, and State. He was tried, convicted, and his punishment fixed ...
Views: 3
Cal Johnson was charged in the county court of Kiowa County with the crime of driving an automobile while under the influence of intoxicating liquor, Tit. 47 O.S. A. § 93, was tried before a jury, convicted and his punishment fixed at a fine of $25. No briefs have been filed, and no appearance was made for the defendant when the case was set for oral argument. We have examined the record and find ...
Views: 0
The Plaintiff in Error, Kenneth W. Clore, defendant below, was charged in the District Court of Garvin County,- Oklahoma, with having committed the-crime of larceny of an automobile, a certain 1952 Dodge Pickup Truck; in violation of T. 21, § 1720, O.S. 1951, as a second and subsequent offense, the information alleging two prior convictions of larceny of automobiles. T. 21, § 51, O.S.1951. The cr...
Views: 2
Robert Dawl Beavers was jointly charged' with Edith Edgemon in the district court of Pottawatomie County with the crime of murder. Thereafter a motion to quash information and dismiss cause as to Edith. Edgemon was by the court sustained, following which defendant Beavers was tried before a jury, convicted of manslaughter in the first degree, and his punishment fixed at 18 years confinement in th...
Views: 1
79 Ariz. 42 (1955) 282 P.2d 791 L.B. STALLCUP, Appellant, v. Paul J. COSCARART, Appellee. No. 5869. Supreme Court of Arizona. April 26, 1955. Rehearing Denied June 1, 1955. *44 Shimmel, Hill & Hill, Phoenix, for appellant. Fennemore, Craig, Allen & Bledsoe, Phoenix, by Philip E. von Ammon, Phoenix, for appellee. PHELPS, Justice. Paul Coscarart, hereinafter called plaintiff, brought suit a...
Views: 8
*136 OPINION By the Court, This is an appeal from judgment of conviction of the appellant upon a charge of committing a lewd and lascivious act upon the body of a child of the age of ten years. The record presents a state of facts which would subserve no worthy or useful purpose to reproduce in its sordid details. *137 Appellant’s first specification of error is that the evidence is i...
Views: 3
This action was brought to foreclose a lien for labor and material furnished in the construction of the foundation of a house in the amount of $837.48. The trial court held that certain items claimed were not chargeable to the defendant because plaintiff was simultaneously engaged in the performance of two contracts; that as to the balance of the items the lien should be foreclosed; that the defe...
Views: 4
This is an action for damages for an allegedly wrongful distraint and sale of personal property to satisfy a tax lien. At the close of plaintiffs’ case, the court granted a nonsuit. From the order of dismissal, plaintiffs have appealed. Plaintiff Richard B. Metzger died October 6, 1954, subsequent to this appeal. F. D. Metzger qualified as administrator of his estate and, as such, has been substit...
Views: 0
December 13, 1954, the port of Seattle, a municipal corporation, petitioned the court in eminent domain proceedings to acquire certain real property for the extension of existing runways at the Seattle-Tacoma Airport, and for airport purposes. Relators are some of the defendants whose properties are sought to be condemned. *510Prior to the institution of this action, the relators had commenced act...
Views: 0
This is an action by respondent to recover money from appellants on the basis of an alleged contract between appellants and one Morton E. Lang (not a party to this action), whereby appellant Harold E. Baggott promised Lang that he would pay respondent one thousand dollars. It is quite evident that respondent’s complaint is framed to state a cause of action on the theory that he is a third-party d...
Views: 1
On August 10, 1950, appellants entered into a contract to purchase a residence from respondent. The purchase price was eight thousand nine hundred fifty dollars, of which one thousand dollars was paid down, and the balance was payable sixty-five dollars, or more, a month on the tenth of each month, including interest at six per cent. The real-estate contract contained the following provision: ...
Views: 1
This action was instituted by John B. Hanson, doing business as Valley Plumbing & Heating, against respondents to foreclose a labor and materialmen’s lien; prior to the trial he died, and May I. Hansen, as executrix of the estate of John B. Hanson, deceased, was substituted as party plaintiff. The action was based upon the furnishing of labor and material for the construction of plumbing and he...
Views: 1
(dissenting)- I concur in the dissent of Mr. Justice Henriod. I desire, however, to emphasize certain facts in the instant case, since I am convinced that the record reveals that the respective owners of the cars involved did nothing more than surrender possession thereof to a person who was known to the owner to be in the business of selling used cars. As pointed out in the prevailing opinion, Br...
Views: 0
3 Utah 2d 268 (1955) 282 P.2d 838 EARLE CECIL BARBER, PLAINTIFF AND APPELLANT, v. FRANK E. MOSS, COUNTY ATTORNEY OF SALT LAKE COUNTY, ALVIN KEDDINGTON, COUNTY CLERK OF SALT LAKE COUNTY; SHARP M. LARSEN, COUNTY TREASURER OF SALT LAKE COUNTY; AND DAVID P. JONES, COUNTY AUDITOR OF SALT LAKE COUNTY, DEFENDANTS AND RESPONDENTS. No. 8180. Supreme Court of Utah. April 26, 1955. Rawlings, Wallace, Robert...
Views: 0
The question presented by this appeal is whether a stock broker who purchased stocks on the New York Stock Exchange on behalf of an “outside” broker, held them in pledge to support the latter’s account and resold them upon his order is, upon the outside broker’s defalcation, responsible to the customer who has paid the outside broker in full for the stock. Upon suit by Cecil L. Lynch (the customer...
Views: 0
A decree of divorce, based upon a stipulation provisionally settling property matters and child custody, was entered on September 26, 1949. Under the terms of the decree a tourist camp property situated at Phoenix, Arizona and belonging to the parties was to be sold and each was to have one-half of the proceeds. The plaintiff’s half, with other properties distributed to her, was to be in lieu o...
Views: 4
Defendant appeals from judgments in favor of plaintiffs Ferro and Monarch in actions that were separately filed but were consolidated for purposes of trial and appeal. In these actions plaintiffs seek to recover insurance proceeds paid for their wine, which was destroyed by fire while stored with Sunnyside Winery. These proceeds came into defendant’s possession, and plaintiffs contend that defe...
Views: 0
Petitioner seeks to annul the order of respondent court adjudging him guilty of contempt for failure to pay the sum of $195 theretofore ordered to be paid by him as counsel fees and court costs. He contends that his conviction of contempt was an act in excess of jurisdiction because there was no evidence to show that he had knowledge or notice of the provisions of the order which he allegedly d...
Views: 10
Defendant, while confined in Soledad State Prison, was charged with violating section 4500 of the Penal Code. That section provides: “Every person undergoing a life sentence in a State prison of this State, who, with malice aforethought, commits an assault upon the person of another ... by any means of force likely to produce great bodily injury, is punishable with death.” The jury found defendan...
Views: 9
Defendant appeals from a judgment of conviction of receiving stolen property in violation of section 496 of the Penal Code. * The admitted thief, Diggs, sold two jeep tires and three power tools to defendant, who was in the business of buying and selling used merchandise. The testimony of Diggs, the principal witness for the prosecution, was substantially as follows: The stolen goods were sol...
Views: 9
On September 30, 1952, plaintiff Gertrude Mueller filed this action for divorce against defendant Kurt Mueller alleging extreme cruelty. Defendant cross-complained for divorce alleging extreme cruelty and adultery. The parties were married in 1936 and have three children who were 15, 12, and 9 years of age at the time of the trial. Plaintiff testified that it had been a bad marriage and that she ...
Views: 15
Plaintiff was employed by defendant, a common carrier by railroad, when he was injured while working on the construction of new railroad ears. In this action, which was brought under the Federal Employers’ Liability Act, the parties stipulated to the existence of negligence and the amount of plaintiff’s damages. The sole question left for determination was whether the act was applicable. The tr...
Views: 1
Plaintiff brought this action under the Federal Employers’ Liability Act, seeking recovery for injuries sustained while working as a molder of freight car wheels in a foundry operated by defendant railroad company. He set forth three causes of action in his complaint, alleging that his injuries resulted, first, from negligent' operation of a crane, second, from negligent maintenance of the cran...
Views: 0
Plaintiff appeals from a judgment against him in an action brought under the Federal Employers’ Liability Act to recover damages for injuries he sustained while working for defendant railroad company. The court, sitting without a jury, took evidence on the question of whether the *548 federal act applied and the case then proceeded to trial before a jury on the other issues. A verd...
Views: 0
Plaintiff was injured while employed by defendant railroad company as an advanced carman helper in the construction of parts for new railroad cars, and he brought this action under the Federal Employers’ Liability Act. Before trial of the other issues, the court held a hearing on the question of whether the federal act was applicable and concluded that it was not. Judgment was entered accordingly,...
Views: 1
Plaintiff, who was employed by defendant railroad company as a carman helper, was injured while working on the construction of new railroad cars, and he brought this action under the Federal Employers’ Liability Act. Before trial of the other issues, the court held a hearing on the question of whether the federal act was applicable and concluded that it was not. Judgment was entered accordingly, ...
Views: 3
Letters of administration in the estate of George A. Calhoun were issued to Daisy Oreb, the natural daughter of Calhoun’s adoptive parents. Her appeal from an order revoking those letters and appointing Walter William Pettit, a natural brother of the decedent, as administrator, presents for determination the conflicting claims of Mrs. Oreb and the blood relatives of Calhoun to the right to succeed...
Views: 0
Arthur W. Stowe sued for damages for bodily injuries, naming as defendants Fritzie Hotels, Inc., and Fritzie Hotels, Inc., doing business as St. Francis Hotel and Apartments. His appeal from a judgment of dismissal presents questions concerning the sufficiency of his complaint. The complaint is in three counts. In the first five paragraphs of count one, Stowe alleges that the defendants “w...
Views: 20
After a personal injury action was set for trial, the defendants made a motion for an order requiring the plaintiff to submit to an examination by defendants' doctor in the absence of her attorney. Plaintiff consented to the examination but requested that she be permitted to have her attorney present. The respondent court made an order directing that she “submit to an oral and physical examinatio...
Views: 9
Harold Jackson and Joseph Lear were tried jointly upon an indictment which charged that they kidnaped Leonard Moslcovitz for ransom or reward, inflicting bodily harm upon the victim. A second count of the indictment alleged that they conspired to commit the crime and that they were armed with a deadly weapon when it was committed. Jackson’s prior conviction of a felony was also pleaded. A jury fou...
Views: 0
44 Cal.2d 434 (1955) 282 P.2d 905 THE PEOPLE, Respondent, v. CHARLES H. CAHAN, Appellant. Docket No. Crim. 5670. Supreme Court of California. In Bank. April 27, 1955. *435 Russell E. Parsons for Appellant. John G. Buresh, Richard V. Bettini, Morris Lavine, Horace Appel, Albert C. Garber, A.L. Wirin, Nathan L. Schoichet and Morris M. Grupp as Amici Curiae on behalf of Appellant. Edmund G. Brown, A...
Views: 50
In October of 1948, Ernest A. Tefft, doing business as Lawndale Wrecking Company, and one of the owners of the realty at 15310 Hawthorne Boulevard in an unincorporated area of Los Angeles County, established an automobile wrecking business thereon. At that time the premises were in Zone M-3 where automobile wrecking yards were permitted. However, said Tefft did not obtain the auto wrecker’s licen...
Views: 3
The defendant was charged with the crime of manslaughter (Pen. Code, § 192, subd. 1) in that on or about July 17, 1953, he did “wilfully, unlawfully and feloniously, without malice, kill one Otto Joseph Meyer, a human being.” A jury returned a verdict of “Guilty of the crime of voluntary manslaughter as charged in the information.” Defendant’s motion for a new trial was denied and he was sentence...
Views: 4
This is an appeal from a nonsuit granted and judgment rendered thereon in favor of defendant in an action brought for payment on account of an alleged theft of personal property, under a “residence and outside theft policy” of insurance issued by defendant. By her complaint, plaintiff alleged the issuance of the policy of insurance on or about April 2, 1953, for the period beginning March ...
Views: 3
There is no merit in this appeal. It is an effort to induce an appellate court to reweigh sub *734 stantially conflicting evidence, a thing which every California lawyer knows or should know we cannot do. “The appellate court’s function begin and ends with a determination as to whether or not there is any substantial evidence which will support the findings of the trier of fact.” (Guardianship...
Views: 4
Petitioner above named filed in this court a petition for a writ of mandate to compel the Superior Court of Del Norte County to proceed with the trial of an action commenced by petitioner in said court. We issued an alternative writ and a return thereto was filed by John C. Rogers and Ruth Y. Rogers on behalf of themselves as the real parties in interest and of the respondent superior court. The f...
Views: 1
From a judgment of guilty of manslaughter after trial before a jury, defendant appeals. There is also an appeal from the order denying Ms motion for a new trial. Questions: First: Was there substantial evidence to sustain a judgment of guilty of the crime of manslaughterf Yes. Manslaughter is the unlawful killing of a human being without malice, if done upon a sudden quarrel or heat of passion. (P...
Views: 0
Jack B. Lindsey and Henriette L. Lindsey brought this action against Helen Parish Campbell alleging that plaintiff (sic) borrowed $6,300 from defendant, evidenced by seven promissory notes of $2,000 each, payable in nine months after date, with interest at 6 per cent per annum, and secured the same by trust deeds on seven separate parcels of real property in the city of Los Angeles. It was alle...
Views: 5
This is an appeal from a judgment quieting respondents’ title to four unpatented mining claims as against the appellant’s adverse claims thereto. It stands without challenge that at one time prior to October 1, 1950, the appellant was the owner of rights to the subject mining claims which were originally acquired pursuant to 30 U.S.C.A. 26, which provides that locators of mining locations on any m...
Views: 0
Appeal by plaintiffs from a judgment in an action for accounting wherein defendants prevailed on their cross-complaint. Reversal is demanded on (1) inadequacy of the findings; (2) error in dividing the accounting period; (3) court’s failure to employ the profit determining method required by the contract; (4) insufficiency of the evidence; (5) failure to find upon substantial credits and to award...
Views: 1
Defendant Lindy Edelman appeals from a conviction by a jury of first degree burglary. An information charging appellant Edelman and one Loggins with burglary of the home of Truman Shaffer was filed June 15th. They were arraigned June 17th and pleaded not guilty. July 15th, the information was amended to include a prior conviction of appellant, and both defendants were rearraigned. Trial was comme...
Views: 1
The question for decision is whether the evidence justified the findings that decedent was of sound mind at the time of executing her will and that its execution was not procured by fraud and undue influence. Decedent was a physician and surgeon and practiced her profession until December 6, 1949, when her arm was broken. On the 19th of the same month, she executed a will by which she gave Lore...
Views: 0
Having been convicted of assault with a deadly weapon and of assault by means of force likely to produce great bodily injury (Pen. Code, § 245), appellant seeks a reversal on the grounds of errors in rulings, prejudicial remarks of the court and of the district attorney, and in denial of the right to counsel. No claim is made that the *594 evidence was insufficient to support the judgment, alth...
Views: 9
These appeals involve two actions which were consolidated for trial. The defendant Peetz, as a general contractor, contracted to erect a medical building for the other defendants. The plaintiff, as a subcontractor, did the general wiring job on this building. As a separate transaction he was also engaged in installing an intercommunication system in this building. In the first of these actions, pl...
Views: 0
Appeal by plaintiff from an adverse judgment entered on a jury verdict in an action for damages for personal injuries. Defendant Lyon was the owner and lessor of a building in Pasadena. Defendant Bailey was the lessee of the building and operated a café or restaurant therein. The entrance doorway to the café was set back 43 inches from the sidewalk paralleling the front of the building. A ...
Views: 3
This is an appeal from a summary judgment under the provisions of section 437e of the Code of Civil Procedure. In 1952 it became apparent to the governing bodies of the county of Los Angeles, and of the city of Los Angeles, that there was immediate need for adequate storm drains to protect homes, schools, and highways from flood waters. During rainstorms in that year accumulated surface wa...
Views: 4
Appellant was charged by information with the violation of section 288a of the Penal Code in Count I and with the violation of section 286 of the Penal Code in Count II. A jury was duly waived. The cause was submitted on the transcript of the preliminary examination. The defendant did not testify. The alleged victim testified. Defendant was adjudged guilty on both counts. It is contended on appeal...
Views: 0
The petition in this court for writ of mandate represented that the petitioner was a defendant in an action brought by Joan Evelyn Daniels for a decree of divorce and to establish the paternity of a minor child, paternity of which was denied by petitioner; there was a pretrial hearing *701 in which the court ordered that the question of paternity was in issue and was to be tried; 'the issues, n...
Views: 11
From a judgment convicting him of conspiracy in violation of section 182 of the Penal Code and of attempting extortion in violation of section 524 of the same code, appellant now demands a reversal on the grounds of the insufficiency of the evidence to support the judgment, errors in rulings, errors in giving and refusing instructions, errors in the admission and exclusion of evidence. The Evid...
Views: 7
This case went to trial upon the seventh amended complaint and answer thereto. The complaint was in three counts. A nonsuit was granted all *600 defendants 1 upon the first and third causes of action and to all of them, except Carmel Film Productions, Inc., upon the second count. Judgment was ultimately rendered against that defendant for $19,750 with interest and costs....
Views: 2
The only issue involved on this appeal by defendant from the judgment of $1,297.25 based on the defendant’s negligence and from the order denying defendant’s motion for a new trial is the effect of plaintiff’s attempt to rescind a written release. A release had been presented to the plaintiff by the insurance investigator for defendant’s insurance company, and was signed by plaintiff on June 16, 1...
Views: 2
Defendant, having been convicted after a jury trial on a charge of violating section 246 of the California Vehicle Code, has filed his notice of appeal, and briefs in support thereof. Respondent moves to dismiss the appeal for irregularity in a substantial respect pursuant to rule 10 of the Rules on Appeal From Municipal Courts and Inferior Courts in Criminal Cases. Copy of the trial court docket,...
Views: 1
Clarence E. Bridge appeals from a conviction of robbery and sentence imposed. It is appellant’s contention that the court erred in admitting a confession obtained from him in the Salt Lake City jail after his arrest and after his request for counsel had been denied’by thé police. He argues that but for the erroneous admission of this confession the conviction was based solely on the uncorroborated...
Views: 4
Appeal from a summary judgment awarded under Rule 56 in favor of defendant, which judgment was predicated on a determination that the pleadings and the admissible facts as related by affiants competent to testify thereto', presented no genuine issue as to any material fact and that defendant was entitled to a judgment as a matter of law. Affirmed. Costs to respondent. Plaintiff was employed by ...
Views: 2
The defendant was convicted of the ■crime of sodomy and appeals. Defendant claimed the defense of alibi. The only testimony offered concerning the offense was given by the victim and her ’husband. The testimony established thát Cecil George Williams and his wife Fern were retiring for the night to a bed near the shack in which they lived, at about 10 p. m., on July 11, 1954, when the defendant arm...
Views: 0
Plaintiff, a farm worker, was injured while an employee of defendants. Both parties appeal from a jury verdict and judgment in favor of plaintiff for two thousand dollars general damages and $1,734 special damages. Defendants argue that the trial court erred when it denied their motion for dismissal at the end of all of the evidence, and when it refused to direct a verdict for them. They u...
Views: 4
Plaintiff appeals from the decree entered in this divorce action. While not complaining of the decretal provision granting respondent a divorce, appellant contends that the trial court erred in not also granting her a divorce. If this was error, it was not prejudicial. Smith v. Smith, 45 Wn. (2d) 672, 277 P. (2d) 339. Appellant asserts that the trial court erred with respect to the distribu...
Views: 4
William Frank Cory was indicted, tried and convicted for the violation of §25-112, OCLA (ORS 166.210, 166.270), which, among other things, forbids convicts from possessing firearms. On December 18, 1953, he was sentenced to four years in the penitentiary. Thereupon the district attorney filed an information charging Cory with being an habitual criminal. After trial a conviction was had on said ...
Views: 5
This is an action by plaintiff, Orval W. Sorenson, to recover certain monies alleged to be due him from *225 defendant, Brice Realty Company, a corporation, as commissions on the sale of real estate. The jury returned a verdict in plaintiff’s favor in the sum of $5,139.50, and judgment was entered accordingly. Defendant appeals. Defendant Brice Realty Company is an Oregon corp...
Views: 0
204 Or. 194 (1955) 264 P.2d 418 282 P.2d 1062 MOREY, ADMINISTRATRIX v. REDIFER ET AL. Supreme Court of Oregon. Submitted on motion to dismiss December 1, 1953. Argued March 16, 1955. Affirmed April 20, 1955. Allowed December 9, 1953. Maguire, Shields, Morrison & Bailey, of Portland, for the motion of respondents DeFeyter and Johnson; *195 Bedingfield & Grant, of Coos Bay, for respondent I...
Views: 4
*145 OPINION By the Court, Relators filed a proceeding in the nature of a quo warranto in the court below to set aside an ordinance of the city of Reno annexing certain adjacent territory. The district court dismissed the second amended complaint without leave to amend, holding that the complaint, which attacked the annexation ordinance on the ground that the petition for an...
Views: 6
delivered the opinion of the Court. The writ of error issued in this case was directed to the district court of the County of Chaffee to review its proceedings in an action for money due and owing under a purported contract for the sale of a one-half interest in jointly owned lands and state land leases, and for one-half of moneys expended thereon during the joint owner*414ship. The case was on a ...
Views: 0
delivered the opinion of the Court. We will refer to plaintiffs in error by name or as the corporation, and to defendant in error as.Sill. The corporation formerly operated an automobile business and sold at least a portion of its assets and the business location, including the real estate where it operated, to Sill. The corporation over a period of time established under the Colorado Employment A...
Views: 0
delivered the opinion of the Court. This controversy resulted from the construction by Gardner Construction Company, a co-partnership, hereinafter referred to either as plaintiff or Gardner, of a covered concrete storage reservoir, and related work connected therewith, for the City of Englewood, a municipal corporation, to which we hereinafter refer as defendant or City. The project was al...
Views: 1
delivered the opinion of the Court. In 1952, Reich, defendant in error, to whom we will refer as defendant, had been in the employ of Montgomery Ward & Company, plaintiff in error, for more than sixteen years with the undisputed reputation of faithful, industrious and loyal service; seven years of that period he was manager of plaintiff’s store in Sterling, Colorado. He voluntarily resigne...
Views: 3
delivered the opinion of the Court. *11Plaintiff in error, to whom we will hereinafter refer as Miles, was convicted upon each count of an information in which it was charged that he committed the crime of aggravated robbery and that he entered into a conspiracy with others to commit that offense. After judgment was entered July 9, 1954, and sentence to imprisonment from fifteen years to life was ...
Views: 0
Judgment affirmed without written opinion....
Views: 0
delivered the opinion of the Court. Plaintiff in error, to whom we will hereinafter refer as defendant, was accused jointly with Calvin LeRoy Overby in a two-count information charging aggravated robbery and conspiracy to commit robbery. He was tried separately and convicted on both counts of the information. After motion for a new triel was overruled, he was sentenced to the state penitentiary...
Views: 1
Judgment affirmed without written opinion....
Views: 0
The appellee filed a claim with the Board of Trustees of the Village of Green Tree for $549.22, asserted to be due him for back salary as acting police judge and also as acting clerk and bookkeeper. This claim was approved by the former board of trustees of the village. Appellee alleged as follows: “1. That he is a resident of Green Tree, Lincoln County, New Mexico, and the Defendant is a dul...
Views: 2
282 P.2d 1105 (1955) 59 N.M. 262 V.L. GERRARD, PLAINTIFF AND APPELLANT, v. HARVEY & NEWMAN DRILLING COMPANY, Employer and Employers Casualty Company, Insurer, Defendants and Appellees. No. 5852. Supreme Court of New Mexico. April 25, 1955. *1106 Brown & Wood, Farmington, for appellant. Tansey & Brown, Farmington, for appellees. KIKER, Justice. Plaintiff's action is under the workmen's...
Views: 2
The same questions are presented in this case as in the case of Campbell v. Village of Green Tree, 59 N.M. 255, 282 P.2d 1101, with which it has been consolidated for submission. Accordingly, on authority of the pronouncement made in the opinion in the latter case, the judgment in this case is erroneous and should be reversed and the cause remanded to the District Court with a direction to set asi...
Views: 0
This is a suit to cancel and rescind a written contract on the grounds of fraud and misrepresentation. The facts are that on May 18, 1951, the plaintiffs traded to defendants certain real estate located in Albuquerque, New Mexico, for a tourist or fishing camp located in Delaware County, state of Oklahoma. Both properties were incumbered by mortgages which were assumed by the respective parties...
Views: 4

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

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

ⓘ Information Facts

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