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All Reporters → p2d → Volume 297

Opinions in p2d Volume 297

46 Cal.2d 491 (1956) EDWARD MILTON TONINI et al., Petitioners, v. STATE BAR OF CALIFORNIA, Respondent. S. F. No. 19421. Supreme Court of California. In Bank. May 15, 1956. George G. Olshausen for Petitioners. Garrett H. Elmore for Respondent. THE COURT. This is a proceeding to review a recommendation of the Board of Governors of The State Bar that petitioners be suspended from the practice...
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The plaintiff appeals from an order granting a new trial after judgment in its favor. The defendant appeals from the judgment. As a judgment creditor of a corporation the plaintiff brought this action against a shareholder of the corporation to recover the difference between the par value of stock issued to him and the fair value of the consideration he paid for the stock. At the conclusion of ...
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I dissent. The majority opinion applies technical rules of pleading to a situation where such rules are clearly inapplicable, and *506fails to consider the liberal application required to be given the workmen’s compensation laws. Petitioner filed a timely application for a compensable injury suffered by him. In addition to the facts justifying compensation he stated that his employer was grossly n...
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Defendant appeals from a judgment recovered against him for the sum of $230 and costs in an action filed by plaintiff to recover sums paid to defendant’s father under the provisions of the Old Age Security Law (Welf. & Inst. Code, § 2000 et seq.). The complaint contains two causes of action. In the first count recovery is sought under the provisions of section 2224 of the Welfare and Institutio...
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This is an appeal from an order granting respondents a new trial upon the issues of damages only. Virgil Murphy and his two minor children, Sheril Le and Janice Kae, brought an action against Corwin B. Wilson for personal injuries and property damage arising out of an automobile accident. The plaintiffs claimed general damages as follows: Sheril Le, $7,500; Janice Kae, $5,000; Virgil, $55,...
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The appellant was convicted of burglary in the second degree and after denial of his application for probation, and denial of his motion for a new trial, was sentenced to the state prison. He appeals from the judgment rendered and from the denial of the motion for a new trial. In an information filed in the Superior Court in Los Angeles County, J. W. Ince and Howard John William Gray were charged ...
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In this proceeding brought by Maxine B. Dow, individually and as administratrix, to restrain the superior court from taking certain steps and proceedings in the administration of the estate, it seems desirable to narrate certain events in chronological order before stating and discussing the issues. September 18, 1953, the other division of this court rendered its decision directing the superio...
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The appeal herein is from an order of September 7, 1955, which is described in our opinion this day filed in Dow v. Superior Court, No. 1 Civil 16939, ante, p. 399 [297 P.2d 30]. Respondent herein has moved to dismiss the appeal upon the asserted ground that the order in question is nonappealable. We hold that those provisions of the order which direct the payment of money or the distribution of p...
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This is an appeal from the judgment. As recited in appellant’s brief, “Defendant was charged in an information with the violation of Section 288 of the Penal Code in two counts. And after a trial by jury was convicted of both counts. “Thereafter, the matter was referred to the Probation Department for a report and two psychiatrists were appointed to examine the defendant pursuant to the sexual psy...
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Appeal by plaintiff from an adverse judgment in an action for money paid and services allegedly rendered pursuant to a written contract between plaintiff and defendant. Plaintiff contends the findings are not supported by the evidence. On October 13, 1950, the parties entered into a written contract whereby they agreed to organize a corporation with an authorized capital of $252,500 to be divided ...
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Appellant, together with James Wilkins, was charged with criminal conspiracy to commit burglary and also the offense of attempted burglary. A jury found defendants guilty on both counts. A motion for a new trial on Count I, conspiracy, was granted. Motion for a new trial on Count II, attempted burglary, was denied. The appeal is from the judgment on Count II, attempted burglary. The appeal of d...
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Defendant was convicted of attempted burglary. He appeals from the judgment on the sole ground that the evidence is insufficient to sustain his conviction. While the home of Louis Perrotti, at 4247 Eleventh Avenue, Los Angeles, was unattended on the evening of August 27, 1955, his next door neighbor, Mrs. Betty Gregory, heard a disturbing noise “like a lock being moved or a window . . .” She calle...
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Having been convicted of illegal possession of heroin and marihuana and of having been previously convicted of a violation of section 11500, Health and Safety Code, defendant now seeks a reversal of the judgment on the grounds that (1) his home was illegally searched at the time of his arrest; (2) he was arrested without probable cause and (3) appellant was prejudiced by the court’s refusal to re...
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In an information filed by the district attorney of Los Angeles County, defendant was charged in two counts with the crime of burglary. He was also charged with two prior felony convictions. Not guilty pleas were entered as to both counts of the information, and the prior convictions were denied. Trial by jury was waived and the People’s case was by stipulation submitted on the testimony adduced ...
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This action arose out of an accident in which plaintiff, Betty DeArmond, was injured when an automobile in which she was riding as a guest was driven by the defendant, Ann Turner, off of Highway 99 north of Bakersfield, and into a tree. It is alleged in the complaint that defendant, Ann Turner, at the time of the accident, was intoxicated and under the influence of intoxicating liquor and that ...
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This is an appeal by defendant city and county of San Francisco from a judgment of the superior court ordering it to refund certain personal property taxes paid under protest by plaintiff National Distillers Products Corporation. Respondent is a Virginia corporation qualified and entitled to do business in the State of California. It is engaged in business as an importer, exporter, manufacturer an...
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Trial was had upon plaintiffs’ fourth amended complaint, containing two counts: (1) for damages in the sum of $3,018.56 for alleged defects in the construction of certain buildings erected by defendant Leroy N. Minks for plaintiffs; (2) a common count for moneys had and received in the sum of $6,983.64. During the trial, the court, over defendants’ objection, permitted plaintiffs to amend the firs...
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This appeal is taken by Harry J. Lelande from an order denying his motion for reimbursement for costs incurred in litigation involving the attempted dissolution of Los Angeles County Pioneer Society (In re Los Angeles County Pioneer Soc., 40 Cal.2d 852 [257 P.2d 1]). That case was initially decided by this court (Cal.App.) 246 P.2d 1029; the opinion concluded as follows, at page 1034: “It is furth...
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This action was begun as a divorce action brought by Beverly Jean DuBois, respondent here, against her husband John. The complaint filed charged cruelty as *627ground for divorce, sought custody of the minor children of the parties, a distribution of the community property and provisions for alimony and child support. The cause came on for trial on May 28, 1953. During the trial proceedings that d...
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The sufficiency of the evidence is the only question posed by this appeal. Pour men were accused by information of robbery, armed with deadly weapons. (Pen. Code, § 211.) Defendant Calderan was alleged to have suffered two prior felony convictions. Appellant Moreno had also been convicted previously twice, first for violating section 503 of the Vehicle Code and, second, violating section 1...
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Convicted of having had possession of marijuana cigarettes (Health & Saf. Code, § 11500) defendant appeals from the order granting him probation, * and from the order denying his motion for a new trial. Officers Naylor and McMahan of the Long Beach Police Department had for two hours been watching a cottage on Cherry Avenue, Long Beach, prior to the arrival of appellant *...
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Petitioner seeks writ of prohibition to restrain respondent court from executing an *641 order sentencing him to jail for five days and to pay a fine of $250, and in the event he fails to pay the fine to serve one day in jail for each $2.00 of the amount he fails to pay. Petitioner is the defendant in an action for divorce. At the conclusion of the trial on July 7, 1955, the court orally anno...
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Respondents have moved this court to dismiss the appeal taken by the appellant from an order made by the trial court, resubmitting to the arbitrator the issues framed by an agreement for arbitration. The appellant was a party to a collective bargaining agreement with each of the respondents. Each of the agreements contained a provision for the payment by appellant to its *554 employees of dis...
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Defendant was convicted of receiving stolen property. He appeals from the judgment of conviction and from the order denying his motion for a new trial. The property involved in this case consists of a sound amplifier, an adding machine and a typewriter, which had been stolen by one Eastin, a high school student 18 years of age. On the night the amplifier was stolen, Eastin met defendant Antone ...
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Plaintiff, in the middle of the night and while on foot and intoxicated, attempted to cross the Bay-shore Highway. He was hit by an automobile driven by defendant. In this action for the resulting injuries the major contention of plaintiff was that defendant had the last clear chance to avoid the accident. The trial court gave complete and proper instructions on that doctrine. The jury brought ...
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Roy C. Kaiser, an attorney at law, and his wife, Geraldine C. Kaiser, brought this action to quiet title to 140 acres of land in the Antelope Valley. The defendant and cross-complainant, Margaret Mansfield, and the plaintiff in intervention, Clara Holecheck, resisted the suit, claiming that they were defrauded and victimized by one Lees, predecessor in interest of and an alleged co-conspirator wi...
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Maria Culver Minnicar, whose guardianship is under question on this appeal, was born *705 October 1, 1951, in Bakersfield. Her mother, Josephine Mary Culver, then under commitment to the women’s prison at Tehaehapi after a forgery conviction in San Francisco, was not married to the father. The baby when only a month old was placed by the Kern County Welfare Department in the home of the petitio...
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Respondent is the widow of Dr. Carl Edward Wicktor, an employee of Los Angeles County from June 8,1925, until his death on October 27, 1953. Also, he was a member of the Los Angeles County Employees’ Retirement System as created by law. (Stats. 1919, p. 782, Act 5841, Deering’s Gen. Laws; Stats. 1937, chap. 677, p. 1898; Gov. Code, § 31500 et seq.) The law in effect at the time of death of the ...
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The plaintiffs were granted judgment against the defendants for $3,064.40, the net fire loss resulting from the destruction and damage of burlap patterns used in baling cotton at their gin. The defendant, Harold Thomas Turner, individually and doing business under the name and style of Turner Steel Erection Company, had frequently done welding work for W. B. Camp and Sons, Inc., a California co...
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The complaint in this action contained three cause of action. The following facts were alleged in the first cause of action. From about the year 1929 until on or about the 12th day of October, 1950, Eodeo Land and Water Company (Eodeo) owned Lots 34 and 40 of tract 13101 in Los Angeles County, on which latter date it sold Lot 40 to plaintiffs, and on or about June 18, 1951, sold Lot 34 to John ...
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This is an appeal by the plaintiff from a judgment of dismissal entered after the granting of a nonsuit in an action to recover damages for injuries suffered in a slip and fall accident. Plaintiff was a tenant of an upstairs apartment in a so-called annex of the Ideal Hotel, owned and operated by the defendant. The apartment occupied by plaintiff was the only one on the upper floor of the annex b...
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Defendant was charged with the crime of inflicting a corporal injury upon a child in violation of section 273d of the Penal Code. He entered pleas of not guilty and not guilty by reason of insanity. The latter plea was withdrawn, and a jury trial on the plea of not guilty resulted in a verdict finding the defendant guilty as charged. He was sentenced to imprisonment in the state prison and appeal...
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This is an action brought by a daughter to have a trust declared in certain real property and the proceeds of the sales of certain real property which had been deeded by a mother to her son. The trial court held than no trust had been created. For many years, Sara Belle Sears had owned as her separate property some 137 acres of land located at Pacheco, California. In 1927, she mortgaged it to the ...
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The opinion of the court was delivered by This appeal is from the judgment of the trial court denying appellant’s claim as a common-law wife to an interest in her purported husband’s estate after his death. George E. Hineman and Nancy Esther Hineman were husband and wife and had had four children prior to their divorce on October 4, 1952, which became final on April 4, 1953. George died on October...
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The opinion of the court was delivered by This appeal arises out of proceedings in connection with the probate of a last will and testament and codicil thereto. Because of the disposition being made of the appeal, a rather limited statement of the facts will be sufficient to illustrate the question under consideration and to show the basis of our decision. W. W. Hill and his wife Myrtle were ...
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The opinion of the court was delivered by This was an action to expunge from the records in the office of the register of deeds an agreement placed of record by defendant, casting a cloud on plaintiffs’ title in certain oil and gas leases and to quiet title to such interest in plaintiffs. Appellants Louis H. Martin and Watson B. Joyes will be hereinafter referred to as plaintiffs, or separate...
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The opinion of the court was delivered by This was an action in which plaintiff sought to recover damages arising from the operation of three motor vehicles as later set forth. Demurrers of the defendants to his amended petition as amended were sustained and he appeals. On October 9, 1954, plaintiff filed his amended petition and as a result of defendants’ motions, on February 26, 19...
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The opinion of the court was delivered by This was an action to foreclose a mechanic’s hen. The demurrer of certain of the defendants to the amended petition, as more fully set out later, was overruled, and they appeal. A review of the record as abstracted discloses the following. On April 8, 1954, the plaintiff filed its petition alleging its status and that the defendants Morr...
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The opinion of the court was delivered by This was an action for injunction instituted by the state of Kansas on the relation of the county attorney of Cowley county for alleged violation of the Cereal Malt Beverage Act. The case was submitted to the trial court on its merits, which made findings of fact and conclusions of law and entered judgment for defendants. The state appeals and asserts t...
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The opinion of the court was delivered by This was an action to rescind a farm lease and for an accounting for crops raised upon certain of the lands leased. Judgment was for defendant on the cancellation and for plaintiff on the accounting. Plaintiff has appealed and defendant has cross-appealed. Since the filing of the action the plaintiff died. The appeal has been revived in the name of the adm...
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The opinion of the court was delivered by This is an appeal from an order of the district court striking from the files an amended petition for the allowance of a demand against the estate of Joseph Forster, deceased, and arises out of the following. Joseph Forster died May 15,1952, and proceedings were instituted in the probate court to administer his estate. Notice to creditors was first publish...
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The opinion of the court was delivered by This, the second appeal from rulings on the pleadings, is an action to recover damages for wrongful death resulting from a collision between a motor fuel transport truck and a train at a railroad crossing. Defendants appeal from an order sustaining a motion to strike certain portions of their separate answers. A review of the allegations of t...
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The opinion of the court was delivered by This was an action to establish a postnuptial agreement. Marshall A. Bradley, Sr., hereinafter referred to as Marshall, and Bessie Bradley, as Bessie, were married late in life. Both had children by prior marriages. Appellants Eliza Washington and Willie Barton were the daughter and granddaughter of Marshall Bradley, Sr., and devisees in his last will a...
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The opinion of tbe court was delivered by This appeal is from an order overruling defendants’ demurrers to plaintiff’s petition seeking to cancel and set aside a sheriff’s deed issued November 16, 1943, and to quiet plaintiff’s title to certain mineral interests in Sheridan County. The principal matter in controversy was the force and effect of a judgment, sale, and sheriff’s deed in a pr...
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The opinion of the court was delivered by This was an action in ejectment. The defendants appeal from a judgment in favor of the plaintiffs and from an order overruling their motion for a new trial. As originally filed the only defendants were William Brooks and Betty Brooks. On her own motion Izora Shimer was made a defendant. Thereafter the plaintiffs filed an amended petition alle...
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The opinion of the court was delivered by Defendants appeal from an order of the trial court overruling their demurrer to plaintiff’s evidence introduced in an action for damages based on negligence. Since no question was raised about the pleadings, they need not be set out, and we will proceed directly to the question of whether plaintiff’s evidence sufficiently constituted a cause ...
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The opinion of the court was delivered by James Patrick, a resident of Stevens County, died intestate on March 1, 1933. So far as the record discloses he left two children (Lucille Mulholland and Harold Patrick) as his only heirs at law and was the owner of a ninety-four-acre tract of real estate in Stevens County. On April 23, 1933, pursuant to action by the probate court of that county, C. E....
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The opinion of the court was delivered by This was an action to cancel a written contract for the sale of real estate and for possession of the real estate in question. Judgment was for the plaintiff. Defendants have appealed. The question in the case was whether a deed from defendants to plaintiff was actually a deed or under all the surrounding facts and circumstances was a mortgag...
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The opinion of the court was delivered by This was an action for money for goods delivered. Judgment was for plaintiff. Defendant has appealed. In the petition the plaintiff alleged the shipment of records to defendant, the payment for only a part and that $1,214.81 was still due. A motion to make definite and certain and to strike, also a demurrer, were overruled. The defendant answered denying t...
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The opinion of the court was delivered by Lucia Kennedy brought this action, as administratrix of the estate of her deceased husband, in Sedgwick County against *533the defendant, Missouri Pacific Railroad Company, to recover damages under the Federal Employers’ Liability Act, for the death of her husband who was killed July 7, 1954, in Saline County, while performing his duties as an employee of...
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*449 OPINION On December 13, 1950, one Prewitt and wife gave a warranty deed to Lloyd E. Hensen and Norma L. Hen-sen, husband and wife, covering lot 23, block 4, in East Dale Addition to the City of Casper, Wyoming. On March 7, 1953, Lloyd E. Hensen and Norma L. Hen-sen gave a note to Ward Terry and Company, the plaintiff, then known as Robert F. Clark Company, in the sum of $5,2...
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5 Utah 2d 91 (1956) 297 P.2d 221 MAYME MOORE, PLAINTIFF AND RESPONDENT, v. GEORGE R. JAMES AND MARY JAMES, HIS WIFE, DEFENDANTS AND APPELLANTS. No. 8255. Supreme Court of Utah. April 28, 1956. Ray, Quinney & Nebeker, Grand Aadnesen, Salt Lake City, for appellants. Rawlings, Wallace, Roberts & Black, Robert W. Hughes, Salt Lake City, for respondent. COWLEY, District Judge. Plaintiff brough...
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*100Appeal from a judgment awarding special, general and exemplary damages in a battery action. Affirmed, with costs to plaintiff. Defendants assail the awards as being excessive and unwarranted by the evidence, and the findings as being unsupported by the evidence. As to the latter, the record supports the findings if the evidence most favorable to plaintiff is considered, as we are obliged to do...
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Appeal from a conviction for misapplication of corporate moneys. Affirmed. Appellant urges that 1) the information was insufficient to apprise him as to the offense with which he was to be tried or as to the facts constituting any particular offense, 2) that the court erred in refusing to grant motions to dismiss and in arrest of judgment, 3) that a motion for mistrial should have been granted,...
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Appeal from a decision of the Industrial Commission denying an award for injuries claimed to have been sustained by plaintiff on July 6, 1954, during the course of his employment at the Geneva Coal Mine of defendant Columbia-Geneva Steel Division, United States Steel Corporation. The Commission denied the award on the ground that from the entire record it found that plaintiff’s ailment, a ruptu...
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In August, 1951, the defendant, Ben Tipp, Inc., began to use a new supply of one thousand twenty sales books, each containing fifty sets of sales slips in triplicate, upon which the telephone number of plaintiff Brillhardt’s place of business had been printed by mistake. After the defendant started using the sales books, frequent calls for the defendant’s store came to the plaintiff’s business of...
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March 29, 1954, Lionel E. Chase was driving his jeepster automobile on the Olalla-Gig Harbor highway in Kitsap county. He was accompanied by Melvin W. Schott and Ray L. Thomas. Approximately two miles south of Olalla, Mr. Chase lost control of the automobile. It swerved to the right side of the road and then crossed to the opposite *827side, where it overturned and came to rest upside down, approx...
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This is an action to recover $2,540.66 in taxes (the three per cent sales or use tax) assessed and collected by the state of Washington from the C. V. Wilder Company *835 and Gaasland Company, Inc., the plaintiffs, who are hereinafter called the contractors. In March, 1950, the contractors entered into an agreement with the state of Washington, through its highway department, to construct two...
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This is an appeal from a judgment reversing an order of the board of industrial insurance appeals and granting a widow’s pension. October 1, 1950, Ned Hiatt sustained injuries to his right shoulder and a compression fracture of his spine while in the course of extrahazardous employment. A claim was timely filed. He received treatment for his injuries at the Seattle General Hospi...
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Michael Shellenberger, age nine, through his guardian ad litem, commenced this action to recover damages for personal injuries sustained in a collision between a bicycle operated by the minor and an automobile driven by Mrs. Zeman. At the close of the plaintiff’s case, the defendants’ motion for an involuntary nonsuit and dismissal of the action was denied. Thereupon, defendants rested without ...
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Plaintiff commenced action for false imprisonment against defendant, alleging damages in the amount of $50,277. Upon trial, the jury rendered a verdict for the plaintiff in the sum of $5,000. The trial court granted judgment notwithstanding the verdict and dismissed the action with prejudice. This appeal follows. A motion for judgment n.o.v. admits the truth of the plaintiff’s evidence and...
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The trial court entered an order of public use in an eminent domain proceeding to acquire certain déscribed land of the relators for county road purposes. The relators bring the order before this court on a writ of certiorari. Relators contend there was not sufficient compliance with the provisions of RCW 36.77.010 [cf. Rem. Rev. Stat., § 6450-32, part] relating to the approval and filing of maps ...
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This is an action for unlawful detainer. The defendants were served with a twelve-day summons, as prescribed by RCW 59.12.070 and RCW 59.12.080. It stated in part that “This is an unlawful detainer action for the recovery of the immediate possession of real property . . . ” The defendants appeared on March 1, 1955, the return date. The presiding judge set the case for an early trial, and on April...
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*137 OPINION These are appeals from orders of the trial court denying injunctions pendente lite. The suits are brought by appellants as lessees of a store building in Las Vegas to enjoin the city of Las Vegas from demolition of the premises and from cancellation of licenses to engage in business upon the premises. Denial of temporary injunction thus permits the city to proceed to demolition b...
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OPINION This is an application for writ of prohibition to restrain respondent court and judge from proceeding further with a case now pending before it, in which case petitioner is named as defendant. The sole question raised is whether under N.R.C.P. the petitioner has effectively been served with process in the case below. In that case petitioner appeared specially to move to quash service of...
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delivered the opinion of the Court. Plaintiffs in error, who were plaintiffs below, seek review of a judgment of the district court declining to quiet title of plaintiffs in certain placer claims and tracts of land in the Hope Mining District, Lake County, Colorado, which the parties identify in their briefs as the “Placer Claims,” the “O’Reilly Tract” and the “Hill Tract,” but since plain...
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delivered the opinion of the Court. These cases were consolidated for trial in the district court and from adverse judgments plaintiffs in error, to whom we shall refer as plaintiffs, bring the action here for review on writ of error. Identical questions are involved concerning the valuation placed by the assessor of Baca County, Colorado, on the respective elevators owned by plaintiffs. Both case...
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delivered the opinion of the Court. We will refer to plaintiff in error, a Colorado corporation, ás United Oil, and to defendant in error by name. October 29, 1947, one Coles, who was president of United' Oil, contacted Millie Quinn and after some negotiation she agreed to invest $1,250.00 in a planned oil drilling operation to be conducted by the Rangely Drilling Company, a proposed corporation t...
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delivered the opinion of the Court. The People of the State of Colorado, ex rel. Inter-Church Temperance Movement of Colorado; Inter-Church Temperance Movement of Colorado, a non-profit corporation of the State of Colorado; Ida Payne Smith; Evelyn Kennedy Boston; Leslie Logan; C. P. Gehman; Frank G. Rutherford; and Kenneth Graul, as plaintiffs, began an action against George J. Baker (subs...
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delivered the opinion of the Court. This is an action in tort for damages. The parties appeared in the trial court in the same order they appear here and we will refer to the plaintiffs in error as plaintiffs or by name and to defendant in error as defendant. Plaintiffs sought damages for personal injuries resulting from an automobile-pedestrian accident which occurred September ...
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Judgment affirmed without written opinion....
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Judgment affirmed without written opinion....
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March 14, 1953, plaintiff (respondent) as buyer entered into a contract with defendant (appellant) as seller. The provisions of the contract, material here, are as follows: “The Buyer agrees to purchase and the Seller agrees to sell and deliver unto the Buyer the following described farm produce under the terms, covenants and conditions hereinafter set out. “Commodity. Potatoes. ...
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Respondents seek recovery of damages for the death of James A. Laidlaw, Jr., their 13-year old son, allegedly caused by the negligence of appellant Charles A. Barker, as an employee of appellant corporation, while operating an automobile. Appellants, by their answer, admitted the operation of the automobile by appellant Barker in the scope of his employment, denied respondents’ allegations...
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sitting in place of MR. JUSTICE DAVIS. In January of 1936 the county commissioners of Yellowstone County, on petition of at least 60 % of the freeholders affected, created rural special improvement district No. 25 for the purpose of installing a water distribution system to serve the people of the area with water obtained from the municipally owned water system of the City of Billings for ...
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297 P.2d 299 (1956) Thomas P. SIDWELL. Plaintiff and Appellant, v. THE NEW MINE SAPPHIRE SYNDICATE, a Corporation, et al., Defendants and Respondents. No. 9427. Supreme Court of Montana. May 11, 1956. Rehearing Denied May 25, 1956. Charles Davidson, Great Falls, for appellant. Hoffman & Cure, Great Falls, Harvey B. Hoffman, Great Falls, argued orally for respondents. ADAIR, Chief Justice. Sui...
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This is a taxpayer’s suit brought to enjoin the District School Board of Union High School District No. 2, Harney County, Oregon, from selling an issue of bonds and spending any funds of the district for the acquisition of a new high school site or for the erection of a school building thereon. The circuit court sustained a demurrer to the complaint and, the plaintiffs declining to amend, a decree...
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The question involved in this appeal is whether or not four electric refrigerators and four electric ranges are personal or real property. The facts are that Glen Yanderhoof and Marguerite G. Yanderhoof, his wife, owned a piece of property in Grant County, Oregon on which there was situated a bakery shop. Contemplating building four apartments above the bakery shop, they borrowed some money fro...
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The defendants, employer and insurer, appeal from a judgment of the district court awarding claimant, employee, workmen’s compensation benefits. Claimant sustained a compensable injury when he was helping to load oil well drilling equipment on a truck. A drill collar rolled off a flat bed and struck his right, foot. It was necessary that the great toe on this foot be amputated through the ...
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In this case plaintiffs filed their complaint to quiet title to “Red Rock Talc Lode Mining Claim” located partly in Dona Ana County and partly in Sierra County. The claim was unpatented and plaintiffs claimed to be the owners thereof to the exclusion of any and all claims of defendants. No defendant answered in the case except Winnie M. Ritch, who denied all allegations of plaintiffs’ complaint...
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This is an appeal from a summary judgment entered in favor of defendants and plaintiff appeals. The parties will be referred to as they appeared in the district court. The material facts are as follows: On April 1, 1937, the plaintiff leased to John Fidel certain premises in Albuquerque, New Mexico, for twenty-five years, with an option of renewal at the 'expiration of said term for a further...
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297 P.2d 325 (1956) 61 N.M. 184 STATE of New Mexico, Appellant, v. R.D. COLLINS, Appellee. No. 6045. Supreme Court of New Mexico. April 25, 1956. Rehearing Denied May 23, 1956. *326 Richard H. Robinson, Atty. Gen., Paul L. Billhymer and Fred M. Standley, Asst. Attys. Gen., for appellant. G.T. Watts, Jerome L. Cathey, Roswell, for appellee. LUJAN, Justice. This appeal brings here for consideration...
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The plaintiffs as appellants in this Court have appealed from a judgment rendered against them by the district court of Chaves County in an action involving two causes of action, one in replevin and the other in conversion, involving the ownership of a diamond ring alleged to be of the value of $750. The present plaintiffs are the son and daughter, respectively, of the late Mollie Lusk of ...
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Wrongful death action wherein plaintiff Edward M. Downs brought suit against defendant Sulphur Springs Valley Electric Cooperative, Inc., a corporation, to recover damages for the death of plaintiff’s eleven-year-old son, Edward Holt Downs. After trial before a jury resulting in verdict and judgment in the sum of $7,500, plaintiff appeals and defendant cross-appeals. Defendant is a coopera...
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80 Ariz. 294 (1956) 297 P.2d 344 E.T. "Eddie" WILLIAMS, Jr., as Treasurer of the State of Arizona, Appellant and Cross-Appellee, v. BANKERS NATIONAL INSURANCE COMPANY, a corporation, Commercial Life Insurance Company, a corporation, National Life and Casualty Insurance Company, a corporation, Trans-Pacific Insurance Company, a corporation, United Security Life, a corporation, Appellees, and Sun L...
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This is an appeal from a judgment in favor of Avery Stephens, plaintiff-appellee, and against R. D. McCain et ux., defendants-appellants, arising out of a cropper’s lease agreement between R. D. McCain and one J. C. (Jim) Herron. The parties will be hereinafter referred to as plaintiff and defendants as they appeared in the trial court. Plaintiff filed an action in the superior court of Cochise Co...
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Disagreement arose between the board of supervisors of Maricopa county and the judge of the superior court assigned to the handling of juvenile matters, concerning their respective powers relating to the operation of the juvenile code. The board of supervisors instituted a friendly action against the judge of the court seeking a declaratory judgment defining their respective powers and duties. The...
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(dissenting). There is no evidence in this case from which it may be inferred that the driver was driving as agent for the plaintiff. The fact that plaintiff had an (unexpressed) intention to pay for the “gas, eats and rooms” would not give him any right to designate' the driver or control the movements of the car, and plaintiff had made no effort to do either. It was Cartwright who decided to mak...
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Parties will be referred to 'as they appeared in the trial- court. ’ Plaintiffs" owned the West Half of Sec^ tion 33, 14N, 2W, in Oklahoma County covered by an. -oil .and. gas, .lease executed -by them February 10, 1941, for a, term of five years on; Producers -88 Form to Black Oak Oil Company, and later assigned, to the,defendant. The lease had .a special , provision that it would become,...
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This is an original proceeding in . this court by • petitioner', Joseph M. Best, under Art. VII, § 2, Oklahoma*'.Constitution,.'.to prohibit :¡respondent,; District. Court -in Mayes County, Oklahoma, and the Hon. Josh Evans as Judge of said Court/ from proceeding in two direct contempt actions against petitioner .in said court. Both coptempt actjons arose out of alleged improper, conduct of pet...
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Plaintiffs in error own the Ritz Apartment building, which fronts on 15th Street, at said street’s intersection with Birmingham Street, in Tulsa, Oklahoma, together with Lot 13 on which it stands, and Lot 14 adjoining said property on the east, all in Block 7 of the City View Hill Addition to said ' City. Defendants in error own, and/or have a homestead' interest in; the *384Birmingham Apartment b...
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This case is a contest' of the validity of the last will and testament of'Nick Marin-off, deceased. The will was fifed for probate in the County Court of Tulsa County, Oklahoma, by John Kriss, the; executor and sole beneficiary’ therein named. Protest was filed by' the sisters of the deceased, Pena Enkova,’ Alina Stoeva and Atansis Filipova, all citizens and residents of Bulgaria. The court order...
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This is an action for personal injuries and property damage arising out of an automobile accident. Defendant Earnest R. Adams appeals from a judgment entered in favor of plaintiff James C. Stapp upon the verdict of a jury after trial in the District Court of Pottawatomie County. The only question presented by this appeal is stated by the parties as follows: “Did the District Court of Pottawat...
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On the 18th day of November, 1954, Bee Sims hereinafter called claimant, filed his first notice of injury and claim for compensation stating that while employed as a laborer for Roger Mills County he sustained an accidental injury arising out of and in the course of his employment on May 5, 1953, when he injured his right foot. On the 21st day of June, 1955, the State Industrial Commission entered...
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Since the trial of this case the plaintiff, R. J. Jenkins, has died and said'cause revived in Mayme L. Jenkins, Executrix of his estate. The Parties will be referred to as they appeared in the trial court. Plaintiffs, real estate brokers in the City of Durant, Oklahoma, instituted this action in the District Court of Bryan County, the purpose of which was to recover a commission under an alleged o...
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This is an appeal by Katherine Clifton from a verdict and judgment for the sum of $897.24, rendered against her in the District Court of Muskogee County in an action instituted !by Charles E. Bainbridge Company, Inc., to recover for damages to merchandise, men’s suits, caused by water leaking thereon while located in a leased portion of a two-story business building owned by defendant. Pla...
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Defendant in error, assignee of a mortgage on a certain Pontiac automobile destroyed in a collision, commenced this action against plaintiff in error, to recover the auto’s value on the basis of an insurance policy on the car issued by the latter. The parties will hereinafter be referred to by their trial court designations of “plaintiff” and “defendant”, respectively. The particular part ...
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On June 15, 1955, O. M. Brister, hereinafter called claimant, filed his first notice of injury and claim for compensation stating that on June 3, 1955, he sustained an accidental injury arising out of and in the course of his employment with Barton and Rich Drilling Company. On the 22nd day of November, 1955, the trial commissioner denied an award. This proceeding is brought by claimant against t...
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B. G. Brown, Jr. and other property owners in the City of Durant instituted this action in the District Court of Bryan *408 County against the City of Durant, a municipal corporation, the Mayor and City Council of Durant, Ira Dollar and Janie M. Dollar, to declare void an ordinance of the City which amended a prior zoning ordinance and to restrain and enjoin any action under the am...
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The parties will be referred to as they appeared in the trial court, Midland Valley Railway Company, a corporation, plaintiff, and Arrow Industrial Manufacturing Company, a corporation and St. Louis-San Francisco Railway Company, a corporation, defendants. The only question pre *411 sented in this appeal is: Did the following described instrument convey a fee simple title or merely an easement?...
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On September 8, 1955, Loyd Nash filed his first notice and claim for compensation stating .that his son, Jimmy Nash, sustained an accidental injury resulting in death while employed by the State Highway Department. An award was made by the State Industrial Commission for the maximum amount, $13,500, under the death benefit provisions of 85 O.S.1951 § 1 et seq., and this proceeding is brought by...
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The defendant, Mack Widdoes, was charged by information in the District Court of Grady County, Oklahoma, with the felonious offense of first degree rape of a female twelve years of age; tried by a jury; convicted, and sentenced .to a term of twenty years in the state penitentiary from which conviction, judgment, and sentence, he appeals. Briefly, the record herein discloses that on July 4, 1954, t...
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Fred Warren Forrester, hereinafter referred to as defendant, was convicted in the court of common pleas of Oklahoma County of the crime of unlawful possession of intoxicating liquor. His punishment was fixed by the jury at a fine of $50 and thirty days confinement in the county jail. Appeal has been perfected to this court. A number of interesting and close questions from an academic standpoint ar...
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The plaintiff in error, Clarence William Starns, defendant below, was charged by information in the County Court of Kiowa County, Oklahoma, with having on July 2, 1955, committed the offense- of operating a ■motor vehicle upon a public highway near the town of Lone Wolf, Oklahoma, while under the influence of intoxicating liquor in violation of 47, O.S.1951 § 93, all of which things occurred in t...
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46 Cal.2d 534 (1956) 297 P.2d 425 Estate of HARRY A. SHERMAN, Deceased. JACOB H. KARP, Petitioner, v. HOPALONG CASSIDY, INC., Appellant; THEODORA LOIS SHERMAN et al., Respondents. Estate of HARRY A. SHERMAN, Deceased. JACOB H. KARP, Petitioner, v. HOPALONG CASSIDY, INC., Respondent; THEODORA SHERMAN et al., Appellants. Docket Nos. L.A. 23078, 23115. Supreme Court of California. In Bank. May 25, 1...
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These are consolidated appeals from orders of the superior court sitting in the probate of the estate of Harry A. Sherman. The contestant Hopalong Cassidy, Inc., in action Number 23078 appeals from an order of August 10, 1953, vacating an order of June 22, 1953, confirming the sale *536of personal property from the estate to Hopalong individually. The contestants in action Number 23115, who claim ...
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Plaintiff, an insurance company, obtained a favorable declaration of its rights under a written agency contract in its action against defendant agent. The contract was made in February, 1950, and according to its terms and as found by the court, plaintiff appointed defendant its general agent to solicit and obtain purchasers of insurance policies of a certain type in a specified area, the ...
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Prom a judgment in favor of defendant after trial before a jury in an action to recover damages for personal injuries, plaintiff appeals. On March 6, 1951, about 5 p.m., an accident occurred in Tuba City on B Street. It runs in a generally easterly and westerly direction. Plaintiff lives on the north side of the street about 300 feet east of the point where the accident occurred. The street in fro...
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Defendant Bruce appeals from the judgment convicting him jointly with the defendants Davis and Shrimp on two counts of robbery in the first degree after a trial without a jury. He was charged separately with the robbery of one Yee Wah but after his conviction of the other robberies the information charging the robbery of Yee was dismissed. Yee testified that about 1 a. m. on April 29, 1955, whi...
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Defendant and appellant was tried before Judge Mouser of Imperial County, duly assigned to sit in the San Diego Superior Court. Defendant was convicted by a jury of the crime of violating section 288 of the Penal Code in committing certain lewd and lascivious acts on a 9%-year-old child. Defendant was then represented by his counsel, R. Alston Jones. On July 12, defendant was certified for examin...
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The Bank of America as executor appeals from a judgment denying its ownership or interest in certain notes and trust deeds, adjudging that Long Beach Federal Savings and Loan Association, a corporation, holds such securities in trust for the individual defendants, and that the corporate defendant has properly accounted for the earnings of the securities held by it for the several individual def...
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Defendant was charged with assault with a deadly weapon. Trial by jury was waived. She was convicted of assault with intent to commit great bodily injury, a lesser offense necessarily included in the offense charged. Presumably, the contention of appellant is that the evidence was insufficient to support the judgment. A part *769of her argument is that the testimony of the victim of the alleged as...
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Appellant appeals from an interlocutory decree of divorce awarded to respondent. Appellant has been ordered by the superior court to pay respondent certain sums for costs and attorney’s fees on this appeal. He has failed to comply with that order. Consequently no brief has been filed by respondent. We have nevertheless examined appellant’s brief and the entire record, and we find no merit in this ...
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Defendant was charged, in an amended information, with violation of section 11500 of the Health and Safety Code in that he unlawfully had marijuana in his possession. He pleaded not guilty. He was also charged with two prior felony convictions, to wit, a violation of section 503 of the Vehicle Code and a violation of section 11500 of the Health and Safety Code, both of which he admitted. A trial ...
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This is an action originally commenced by Sidney W. Jones, plaintiff and respondent (hereinafter referred to as plaintiff), against defendants and appellants Jack Henry Maynard, a truck driver of 33 years’ experience, and Permanente Cement Company (hereinafter referred to as *644 the company), his employer, for injuries claimed as a result of being crushed by the wheels of defendants’ tractor-t...
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Convicted of six counts of grand theft (Pen. Code, §§ 484, 487, subd. 1) defendant appeals from the judgment and relies upon the sole claim of insufficiency of the evidence to support the verdict. The victims of defendant’s false pretenses were incredibly credulous and greedy, but that does not absolve defendant from guilt. On the civil side of the law of fraud it is said: “If the conduct of th...
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This is an action to establish a resulting trust in certain real property, and for an accounting. The action for an accounting was abandoned and after a trial before the court without a jury, judgment was rendered decreeing that defendant held the property in question in trust for plaintiff in the following particulars: That plaintiff recover from defendant the sum of $4,000, plus interest, and...
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This is an action for damages brought by an injured employee against his employer, Southern Pacific Company, under the provisions of the Federal Employers’ Liability Act (45 U.S.C.A. § 51 et seq.). Plaintiff was a yard clerk whose duties required him to go into the railroad yards, walk beside the trains and take the numbers from incoming and outgoing cars. Although he had worked for Southern Pa...
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Robin Dumont died from asphyxiation in a fire at the hotel where she lived. Her children brought this action for damages against William Hollingbery (owner of the hotel) R. Shephard (lessee-operator of the hotel), Frank Cascellini (husband of the manager of the hotel and in charge of it at the time of the fire) and V. H. Montgomery (a pest control operator who had used chemicals at the hotel sh...
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Defendant Charles W. Lannin, sued as Doe Lanan, alone appeals from a judgment in favor of plaintiff *839 Dwyer and plaintiff in intervention Argonaut Insurance Exchange in an action for personal injuries. Plaintiff alleged he was seriously injured when defendants negligently and carelessly permitted a steel cable to fall across a county road in Mendocino County, with the resul...
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In this consolidated appeal appellant Constance M. Uhl appeals from an order of the Superior Court of San Mateo County amending a judgment nunc pro tunc in action Number 43838 and from an order of dismissal as to action Number 59072. One of the respondents, Helen B. Uhl, mother of the appellant, filed action Number 43838 against appellant and others. The purpose of this suit was to determine ...
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This case grows out of a bank night drawing at the Lakewood Theater, in Lakewood, California. Appellant was convicted, together with other defendants who have not appealed, of conspiracy to cheat and defraud by criminal means and to commit grand theft, and of the crime of grand theft. He appeals from the judgment * and the order denying his motion for a new trial. Appellant’s contentions are:...
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Petitioner seeks a writ of prohibition to prevent the respondent court from enforcing an order compelling it to produce for inspection certain of its books and records. The pertinent facts as disclosed by the petition are: Petitioner entered into a contract with one Nason (real party in interest here) under which Nason was employed to perform certain services for petitioner. The term of contract w...
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Action by plaintiff and respondent to recover from defendant and appellant, his ex-wife, one-half of the federal income tax for the years 1949 and 1950, claimed due by the terms of a property settlement agreement. The parties accumulated considerable community property since their marriage in 1930, consisting of a leasehold interest in a ranch, money, etc. On October 17, 1952, they entered into a ...
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This is a personal injury action brought by a boy who was about 3 years old at the time of the accident. A jury rendered a verdict for defendant which appeals from an order granting plaintiff a new trial upon the expressed ground of insufficiency of the evidence to sustain the verdict. Upon motion for new trial it is the function of the trial judge to make an independent appraisal of the e...
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Plaintiff sought to recover personal property, or its value, from the public administrator of Los Angeles County, who was administrator of the estate of John Clark, deceased. The theory of plaintiff’s case was that he was the owner of the property by reason of a gift *760causa mortis from said decedent. Plaintiff appeals from judgment in favor of defendant. (Hr. and Mrs. Spray, and Mr. and Mrs. Ma...
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This is an appeal from a judgment of conviction in a court trial of the offense of violation of section 288 of the Penal Code and from an order denying a motion for a new trial. Defendant Stanfield was accused of the offense committed upon the person of a 6-year-old girl. It is conceded, through failure to discuss the point, that the acts described by the child amounted to a violation of the secti...
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Appellant J. R. Simplot Company, a corporation, doing business as the Simplot Fertilizer Company, brought an action against the Pocatello Building & Construction Trades Council, an unincorporated association, and others, to secure an injunction to prohibit picketing and other activities engaged in by defendants and respondents. A similar action was brought by C. H. Elle Construction Company aga...
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Appellant J. R. Simplot Company, a corporation, doing business as the Simplot Fertilizer Company, brought an action against the Pocatello Building & Construction Trades Council, an unincorporated association, and others, to secure an injunction to prohibit picketing and other activities engaged in by defendants and respondents. A similar action was brought by C. H. Elle Construction Company agains...
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The parties to this action will be referred to as they appear in the trial court. Appellant will be designated as plaintiff and respondent as defendant. *13Plaintiff’s predecessor in interest appropriated 1.6 second feet of the waters of Trail Creek for irrigation use on the North Half of the Northwest Quarter (N% NW%.) of Section 10, Township 3 N, R. 45 E, B.M. in Teton County by priority of 1896...
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delivered the opinion of the Court. Plaintiff in error as defendant was convicted of an assault with a deadly weapon with intent to do bodily injury, and on the verdict was sentenced to a term of not less than three nor more than four years in the state penitentiary. This is an abortive attempt to reverse the judgment. The abstract of the record filed contains only the verdict of the jury; the ...
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delivered the opinion of the Court. Plaintiff’s complaint was one to recover damages for personal injuries allegedly sustained by him while an employee of defendant at a sawmill and planing plant operated by defendant, said injuries being sustained, as alleged, on account of the negligence of defendant. Defendant’s answer contained four separate defenses: the first, consisted of admissions an...
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delivered the opinion of the Court. Plaintiff in error, plaintiff in the trial court and hereinafter called plaintiff or Rudd, seeks review by writ of *508 error of the judgment entered by the district court dismissing his complaint for insufficiency of evidence to support the same. He also seeks review of the judgment entered by the trial court in favor of defendant Rogerson ...
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delivered the opinion of the Court. Plaintiff in error to whom we refer as defendant was county clerk and recorder of Las Animas County, and was indicted upon a charge of converting to his own use public funds received by him in his official capacity. Trial to a jury resulted in his conviction and sentence to the state penitentiary for not less than five nor more than seven years. Motion for a ...
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5 Utah 2d 106 (1956) 297 P.2d 542 IN THE MATTER OF THE ESTATE OF GERTRUDE LOUISE RICHARDS, DECEASED. CATHERINE R. HOWELL, CATHERINE S. CRESS AND CHARLES RICHARD SCHNEIDER, RESPONDENTS, v. JANET R. PARKER, APPELLANT, WALKER BANK & TRUST CO., EXECUTOR. No. 8452. Supreme Court of Utah. May 16, 1956. Gustin, Richards & Mattsson, Salt Lake City, for appellant. H.R. Waldo, Salt Lake City, White...
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Gertrude Louise Richards died in Salt Hake City on June 30, 1954, leaving an estate valued in excess of $330,000. By a will executed March 20, 1946, she made a number of minor bequests and devised the principal portion of her estate one-half to her sister, Mrs. Janet Parker, and the other half to her nieces, Mrs. Catherine Richards Howell and Mrs. Eleanor Richards Schneider, the children of her de...
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In this proceeding in condemnation the State of Oklahoma, ex rel. Department of Highways as plaintiff, appropriated a strip of land for a roadway across the cattle ranch of the defendant, Jake Weaver. After the commissioners appointed by the court to appraise the damages had filed their report, the defendant demanded a jury trial which resulted in a verdict and judgment in favor of defendant fo...
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The parties to this appeal bear the same relative position as in the trial court, and for convenience will be referred to as plaintiff and defendants except where it will be necessary to identify separate defendants. Plaintiff brought action in the District Court of Tulsa County for personal injuries resulting from being struck by an automobile driven by the defendant, Geisinger. The City of Tulsa...
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This is an appeal from the District Court of Choctaw County in which Ruth Winters, .defendant in the trial court, seeks to have reviewed a judgment for divorce entered in favor of the plaintiff, George Winters. The decree was entered on April 7, 1955, and the order overruling the motion for new trial was entered on the 12th day of May, 1955. The appeal was filed herein on the *557 5th day of Oc...
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This appeal is from a judgment against the City of Woodward, a municipal corporation, defendant below. The parties will be referred to as they appeared in the trial court. Plaintiff instituted this action to recover damages for injuries sustained by her when she fell on a sidewalk in the City of Woodward on August 16, 1954, at the hour of 2:30 o’clock in the afternoon. The basis of plaintiff’s ...
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On the 20th day of March, 1954, Opal Hall, petitioner herein, filed a claim for compensation against her employer, Howard Johnson of Oklahoma, Inc., and its insurance carrier, Travelers Insurance Company, respondents herein, in which she states that on March 18, 1954, while in the employ of Howard Johnson of Oklahoma, Inc., she sustained an accidental injury consisting of an injury to her back,...
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On February 1, 1946, Theodore. J.. Duncan, referred to as respondent herein, filed a claim for compensation against Sinclair Refining Company, own risk carrier, referred to as. petitioner herein,-in which he states that on the 26th day of December, 1945, while in the employ of petitioner he sustained an accidental injury consisting of an injury to his back resulting in some permanent disability t...
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Joe London was charged by information filed in the Superior Court of Okmulgee County with the crime of first degree rape upon the person of Dorcas London. He was tried before a jury, convicted of the included offense of rape in the second degree, and his punishment fixed by the jury at ten years confinement in the State Penitentiary. The appeal is by transcript. We have carefully reviewed such ...
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This is an original petition for habeas corpus by Richard B. Watson, wherein he alleges he is being unlawfully restrained of his liberty by H. C. McLeod, warden of the Oklahoma State Penitentiary. He complains that he was convicted in the District Court of Creek County, Oklahoma, of the crime of second degree burglary on or about September 20, 1954, on a plea of guilty and was sentenced to five y...
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This is an original petition in habeas corpus brought by petitioner, Willie Neal, Jr., for the purpose of being admitted to bail for the charge of the murder of Freddie Fisher now pending in the District Court of Atoka County, Oklahoma. The verified petition alleges that the petitioner is being unlawfully restrained of his liberty in the County Jail of Atoka County, Oklahoma, where he is awaiting ...
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■ Plaintiff in error, Wayne'Lee, defendant below, was charged by information in the County Court of Caddo County, Oklahoma, with the possession of intoxicating liquor in violation of 37 O.S.1951 § 31, said offense allegedly committed on September 3, 1955. He was tried by a jury,'convicted, sentenced to thirty days confinement in. the county jail and a, fine of $300, from which judgment and senten...
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This is an original action in habeas corpus instituted by Leonard Holloway to secure his release from confinement in the penitentiary. The petition was unverified, but it alleged that petitioner was sentenced to serve 10 years in the Oklahoma Penitentiary after conviction in a trial before a jury on May 31, 1954, in the District Court of Logan County. The petition further made the general allegati...
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This is an original action in habeas corpus instituted by Clarmen Brown to secure his release from confinement in the penitentiary. The verified petition alleged that petitioner entered his plea of guilty to the crime of second degree burglary, second offense, and was sentenced to serve the minimum sentence of 10 years imprisonment in the state penitentiary. That the judgment was obtained witho...
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This is-an original petition in this court for a writ-of error coram nobis. 1 The petitioner was charged and convicted • of murder; an'd upon appeal to this court' the judgment was affirmed. Hendricks v. State, Okl.Cr., 296 P.2d 205. *579 Jurisdiction to grant writs of error coram nobis, if meritorious cause stated, lies in the court that rendered the judgment. 31 Am.Jur. (Judgments) p. 3...
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The plaintiff in error, Jack Southard, hereinafter referred to as defendant, was charged in the county court of Pittsburg County with the offense of unlawful possession of intoxicating liquor, was tried before the court, a jury being waived, and found guilty and his. punishment fixed at thirty days confinement in the county jail and a fine of $100, and costs. . Three propositions are advan...
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*478 OPINION This is an appeal by Marie A. Finch in her own right and as the next friend of her son, Bud Arthur Finch, from an adverse judgment of the district court, rendered in an action in which appellants sought damages for the personal injuries sustained by Bud Arthur Finch in an automobile accident alleged to have been caused by a defect in the vehicle in which the injured ...
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This action was brought to recover damages for the wrongful death of Michael Goggin, four years of age, and for injuries to Patrick Goggin, Jr., nine years of *895 age, both sons of the plaintiff Patrick Goggin, Sr. The death of Michael and the injuries to Patrick Goggin, Jr., were the result of an accident which occurred on east 60th street in Seattle, between 35th avenue N. E. and 40th avenue...
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June 10, 1947, William Prior and his wife entered into a contract with J. L. Langdon and his wife for the purchase of five lots in Warden, upon which property is located the Warden Hotel and Cafe. The purchase price was nineteen thousand dollars. A five-thousand-dollar payment was made upon the execution of the contract. The balance was to be paid in stated monthly installments, on or before th...
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Plaintiff wife (appellant) and defendant husband (respondent) were both granted a divorce February 29, 1952. The court found each parent fit to have custody of their three-year-old son. Mrs. Sweeny, however, was given custody of the boy, subject to liberal visitation rights by Mr. Sweeny. The decree prohibited removal of the child from the state without first obtaining an order of court. There wa...
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This is an appeal by the three defendants, John Casey, Edward Foster, and Thomas Callahan, from a judgment for $28,059.30 entered against them on a verdict of the jury in an action for personal injuries and property damage resulting from an automobile collision. The only unusual question presented is whether the defendant Foster was chargeable with negligence and, if so, on what theory. Th...
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This action was brought to recover damages for personal injuries and property damage alleged to have resulted from the negligence of the defendant in failing to maintain one of its roads in a reasonably safe condition. The defendant denied that it was negligent and affirmatively alleged that the plaintiffs injuries were due to his own negligence in failing to keep a proper lookout for traffic con...
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80 Ariz. 327 (1956) 297 P.2d 624 STATE of Arizona, ex rel. Robert MORRISON, The Attorney General of the State of Arizona, Petitioner, v. Frank E. THOMAS, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent. No. 6121. Supreme Court of Arizona. May 14, 1956. *329 Robert Morrison, Atty. Gen., Harmon S. Puckett, Asst. Atty. Gen., and Jack G. Marks, Sp. A...
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This is an original proceeding in certiorari, initiated hy an application of the State of Arizona, on relation of its Attorney General. The State seeks to have the judgment entered by Lee Garrett, Judge of the Superior Court, in and for the County of Pima, granting a liquor license to one King Fred Cline, and the license issued by Mr. Duncan, Superintendent of the Department of Liquor Licenses and...
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This is an original proceeding in certiorari, initiated by an application of the State of Arizona, on relation of its Attorney General. The State seeks to have the judgment entered by Frank E. Thomas, Judge of the Superior Court, in and for the County of Cochise, granting a liquor license to one Horace Griffin, and the license issued by Mr. Duncan, Superintendent of the Department of Liquor Licens...
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Plaintiff corporation, a licensed electrical contractor, brought this action for reformation of a contract with defendant county, and it appeals from a judgment for defendant after the sustaining of a general demurrer without leave to amend. The allegations of the complaint may be summarized as follows; Plaintiff submitted a bid for $172,421 for electrical work to be done at the county hospital. T...
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Defendants contracted with the city of San Diego to construct a dam and remove brush and trees from the reservoir basin, and thereafter they entered into a subcontract with plaintiff for clearance of the basin, representing to him that the area to be cleared had been marked with flags. Plaintiff later discovered that the flagged area covered only a part of the reservoir basin, and he notified d...
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Decedent, Lloyd A. Wiseman, a vice president of a San Francisco bank, died of asphyxiation and burns in a hotel room in New York City. He was in that city on bank business, and his traveling expenses, including his hotel bills, were paid by the bank. A woman, not his wife but registered as such, was found unconscious in his room and died shortly thereafter. There was evidence that they had been dr...
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This is an action for damages for personal injuries sustained by plaintiff in a collision of automobiles at a rural intersection and the sole question involved in this appeal is whether the evidence is sufficient to support the findings and judgment in favor of the plaintiff. The collision occurred at approximately 7:45 a. m. on May 25, 1954, and the point of impact was established as bein...
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141 Cal.App.2d 688 (1956) THE PEOPLE, Respondent, v. BEN ROBERT REINSCHREIBER, Appellant. Crim. No. 5460. California Court of Appeals. Second Dist., Div. Three. May 21, 1956. Morris Lavine for Appellant. Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and John S. McInerny, Deputy Attorney General, for Respondent. WOOD (Parker), J. In a trial by jury, defend...
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Defendant and appellant, aged 18 years, was charged by information, in count one, with the crime of committing statutory rape on a girl 13 years of age. In the second count he was charged with violating section 288 of the Penal Code by performing certain lewd and lascivious acts upon her body. A jury trial resulted in a verdict of not guilty on the first count and guilty on the second count. Cond...
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These actions were brought by respondents against appellant Bridges based on alleged wilful misconduct whereby respondents, who were guests in appellant’s automobile, were injured. The two cases were consolidated and tried to the court sitting without a jury. The court rendered judgments in favor of the plaintiffs and Bridges appeals. The two respondents were minors who were serving in the Unit...
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From a judgment of nonsuit in an action for damages for fraud and misrepresentation, plaintiffs appeal. In their complaint plaintiffs allege that on or about the 10th day of January, 1949, defendants, doing business as a copartnership under the name of La Canada Acres, were engaged as owners in selling a certain tract of land in the county of Los Angeles known as Tract Number 15282; said d...
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This is an appeal from a judgment entered in favor of the defendants and cross-complainants Loyd' and Maren Mead against plaintiffs and cross-defendants in the sum of $431.73 and costs. *867The action was instituted after a dispute arose with respect to the boundaries of two adjacent lots of Tract 15282 in the county of Los Angeles, one of which is owned by plaintiffs and the other by defendants L...
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This is an action against the executor of the will of Dr. Modesto A. Giordano, brought by Helen Hurlimann and her husband Armin Hurlimann for damages allegedly caused by negligent medical treatment of Helen in 1951, the true nature of which, the complaint avers, was not discovered by plaintiffs until she underwent an operation performed by other physicians on the 23d day of March, 1954. Me...
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This is an appeal from a judgment decreeing the specific performance of two contracts to sell personal property. The contracts were entered into on July 5,1951, by the executors of the last will of Harold B. Frasher, deceased, and provided for the sale to the plaintiff of all the stock owned by the testator in three corporations and also of the testator’s half interest in a partnership known as “T...
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This is an appeal by the plaintiff from a judgment in his favor, in an action for damages for assault and battery. In his original complaint plaintiff alleged that defendant, by and through its agents, servants and employees, acting in the course and scope of their employment wilfully, unlawfully, forcibly and violently, beat, struck and assaulted plaintiff about his head and face with a deadly...
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This is an appeal by defendant Central Surety and Insurance Corporation from a judgment in favor of plaintiff on a contract bond wherein one Harlan, a contractor, was designated as principal and defendant as surety. The judgment represented the balance due for materials furnished by plaintiff to the subcontractor, defendant Slagle doing business as Slagle Electric Company, together with interest,...
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Plaintiffs commenced an action against defendants for declaratory relief to construe the meaning of certain provisions of a promissory note. The following facts are admitted by the pleadings: In March of 1953 respondents, the Pearsons, exchanged a ranch in Yuba County, California, for rental property of *22the appellants, the Baums, in the southern part of the state. In addition to the rental prop...
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We have before us an original process, the petition of Berkeley Unified School District of Alameda County for a writ of mandate to compel the city of Berkeley and the members of the city council thereof, to levy a tax for school purposes, and to compel the auditor of the city, Mabel W. Jensen, to deliver to the county treasurer for the use of the schools certain tax moneys heretofore collected....
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Defendant was charged in two counts of an information with robbery. He was convicted by a jury as charged in both counts. He appeals from the judgment and from the order denying his motion for a new trial. On December 15, 1954, Lee Cobert was living in an apartment at 1455 North Hayworth, Los Angeles. The apartment consisted of one room, a bathroom, and a small bar. Sam London was living with C...
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The city of Los Angeles has appealed from a judgment granting to respondents a peremptory writ of mandate invalidating a. purported annexation of certain territory designated as the " Howard Addition. ’ ’ The so-called Howard Addition includes an area known as “Johnson Rancho Territory No. 1,” purportedly annexed by the city of Inglewood under provision of the Uninhabited Territory Act of 1939 (G...
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The appellants, Southern California Permanente Medical Group, a partnership, and Sidney B. Garfield, appeal from a judgment of the lower court, based upon the verdict of a jury, awarding plaintiffs the sum of $20,000 for injuries alleged to have been suffered by the respondent Mabel Winkler through the alleged negligence of the defendants, their agents, and employees. They also appeal from the ...
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The defendant was charged with two counts of burglary, and with a prior robbery, for which he had served time. He admitted the prior, but pleaded not guilty to the two main charges. He was convicted by a jury of both counts contained in the information. He appeals from the judgment of conviction and from the order denying his motion for a new trial. One of the charges involved the burglary of a...
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Defendant was charged with having burglarized the business office building occupied by the Mel *86 Coombs Lumber Company at Piercy in Mendocino County. He was found guilty of burglary in the second degree, and following the denial of his motion for a new trial, judgment was pronounced on the verdict. He has appealed from the judgment and from the order denying his motion for a new trial. Defe...
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Only two questions are posed by this appeal: (1) Was the evidence against the corporate defendant sufficient to justify an inference that it was guilty of actionable negligence or did it warrant a judgment for such defendant verddcto non obstante*! (2) Was the evidence against the other defendants so devoid of substance as to warrant the granting of their motions for a nonsuit? ...
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Defendants leased from plaintiff the arena of its municipal auditorium building in which to hold the “Annual Spring Music Festival.” One Mrs. Genevieve Herd sued plaintiff for damages for injuries which she claimed to have sustained while attending said festival. She alleged that her injuries were due to a fall caused by a defect in the walkway providing access to the easterly entrance of said mun...
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Plaintiffs sued for specific performance, or, in the alternative, for damages. Defendants filed a cross-complaint for ejectment and to quiet title. The court denied specific performance and refused to award damages to plaintiffs. It rendered judgment in favor of the cross-complainants and quieted their title. Plaintiffs appeal. On October 4, 1951, Peter Cuccio and Anthony Pernechele leased...
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Appellant, Joseph E. Williams, was charged with a violation of Vehicle Code, section 503, in that he took and drove a vehicle without the consent of the owner and with the intent to deprive the owner of his possession of said vehicle. He was also charged with having been convicted of three prior felonies, auto thefts, all of which he admitted. He pleaded not guilty and after a jury trial was conv...
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Dewey Griswold and Fritz Hommen operate a restaurant and bar in Los Altos, Santa Clara, County, and are the possessors of an on-sale general liquor license. They were duly charged with selling liquor to a minor on a specified date, and with permitting the minor to consume the liquor on the licensed premises. After a hear *809 ing, the hearing officer acquitted the licensees of the ...
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Cross-defendants J. C. and Merridy Crookshanks have appealed from a judgment of the Superior Court of Los Angeles County, which provides that plaintiff Fred H. Knoblock recover from defendants Waale-Camplan Company and A. Gelfan and Company, jointly and severally, the sum of $3,451.20 and that cross-complainant Waale-Camplan Company recover from the cross-defendants A. Gelfan and Company, J. C....
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141 Cal.App.2d 812 (1956) 297 P.2d 768 HERBERT D. THOMAS, Respondent, v. BUTTRESS & McCLELLAN, INC. (a Corporation) et al., Appellants. Docket No. 21213. Court of Appeals of California, Second District, Division Two. May 24, 1956. *814 Guy E. Ward and Clarke A. Knicely for Appellants. Zahradka, Glines & Bentley for Respondent. ASHBURN, J. Plaintiff brought an action for the recovery of co...
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This is an action brought by John A. Cardoza to reform a “pre-incorporation agreement” between *27 himself and his former partner, Geoffrey H. Millington, and to dissolve Stanford Sport Shop, Ine., a California corporation, which took over the partnership business. Hereafter, the plaintiff and respondent will be referred to as Cardoza and the defendants and appellants as Millington and the corp...
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Plaintiff, Lelah Muller, former wife of defendant, William Muller, brought an action in San Mateo County to quiet title to certain property. According to the affidavit of service, personal service in that action was had on defendant in San Francisco on November 17, 1952. Growing out of this action the San Mateo Superior Court made three separate orders adverse to defendant. From these orders de...
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This is a proceeding in certiorari to review an order made in a contempt proceeding arising out of violations of an injunctive decree theretofore made in a civil action. The civil action was brought in respondent court by Joseph S. and Avesta Ball, husband and wife, as plaintiffs, against Robert J. and Alberta Bailey, husband and wife, as *49 defendants. Plaintiffs in the civil act...
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In this original proceeding petitioners seek a writ of mandate to compel the respondent judge of the Superior Court of Los Angeles County to settle a statement on appeal under rule 7, Judicial Council Rules on Appeal. The petitioners were plaintiffs in an action brought against one Omansky to recover damages for alleged fraudulent misrepresentations made by Omansky in the sale of an apartment h...
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Plaintiff appeals from a judgment of dismissal entered pursuant to an order sustaining, without leave to amend, a demurrer to his complaint filed by defendant Automobile Club of Southern California. What happened was this: Plaintiff brought an action in the Los Angeles Municipal Court for property damage to his car (and loss of use thereof) caused by a collision with a Studebaker ear driven by de...
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On or about January 10, 1947, plaintiff and W. B. LeValley transferred certain farms to defendant Western Frozen Foods Company, Inc. (hereinafter referred *906 to as “Western”), with a written agreement and guaranty that Western would realize a certain amount from the operation of the farms. The agreement was thereafter assigned to defendant Bank of America National Trust and Savin...
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Appellant was charged by information with two counts of assault by means of force likely to produce great bodily injury. A prior conviction, which was also alleged, was admitted. A jury was waived and following a trial by the court defendant was adjudged guilty of simple assault on both counts. It is contended on appeal that, ‘ ‘ The evidence is insufficient to sustain the judgment of conviction b...
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The plaintiff, seeking to recover upon the assigned claim of partners who had served as defendant’s attorneys, appeals from the judgment that she take nothing. The trial court found that the value of the assignors’ services was greater than the sums that had been paid them, but nevertheless made no award against the defendant. We have *Supp. 856 reached the conclusion that a judgment should hav...
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*494 OPINION Woolsulate, Inc., brought an action against Fremont Lumber Company for $3,105.75 allegedly due for 3,-030 forty-pound bags (four loads) of rock wool, insulating material at the price of $1.02% per bag. Defendant defaulted, and a judgment was entered for the amount claimed plus interest; but, thereafter, on defendant’s motion, the court held that the default *495 judgment should...
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*507OPINION Plaintiff Josephine Boyce sued Vetal L. Lamoureux and Izetta G. Lamoreux, apartment house owners, and Northern Utilities Company, supplier of gas, to recover damages for injuries sustained in a gas explosion on August 19, 1952, in the apartment where she lived at 244 South Lincoln Street, Casper, Wyoming. The jury returned a verdict in her favor and against Northern Utilities Company ...
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OPINION The essential facts which evoked this litigation may be summarized briefly in the following manner. Appellant, who was plaintiff in the trial court, received an injury while he was attempting to deliver fuel oil from a tank truck to a building in the city of Reno, Nevada, owned by respondents. His complaint alleged two causes of action, the first under the common law and the second unde...
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On 21 September 1950 in the circuit court for Lincoln county, the defendant, Sam Huffman, was sentenced to the penitentiary for a maximum term of three years upon the charge of larceny by bailee. On the 18th day of December, 1952, the defendant filed in that court and cause a motion in the nature of coram *373nobis, seeking an order vacating the judgment previously entered on the 21st day of Septe...
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207 Or. 462 (1956) 291 P.2d 221 297 P.2d 856 FLAHERTY v. BOOKHULTZ ET AL Supreme Court of Oregon. Argued October 5, 1955. Argued on rehearing April 18, 1956. Affirmed December 7, 1955. Affirmed May 31, 1956. *463 L.V. Weiser argued the cause for appellants. On the briefs were Weiser & Bowles, Portland. Fred B. Duffy argued the cause for the respondent. On the briefs were William J. Crawford a...
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Plaintiffs, R. W. Sellgren and Myrtle M. Sellgren, husband and wife, vendors under a land contract, appeal from that portion of a strict foreclosure decree denying them attorney’s fees. In the contract between plaintiffs and defendant it was agreed that should defendant default in her obligations under the contract, plaintiffs had one of three remedies: first, they might declare the contract nu...
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297 P.2d 866 (1956) 61 N.M. 204 In the Matter of the Last WILL and Testament of Arthur S. HICKOK, Deceased. TOLEDO SOCIETY FOR CRIPPLED CHILDREN, Riverside Hospital, Mercy Hospital, Toledo Community Chest, Toledo Chapter American Red Cross, Toledo Hospital, Starr Commonwealth for Boys, Toledo Society for the Blind, Little Sisters of the Poor, Toledo District Nurse Association, Toledo Public Healt...
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The appellants are nineteen of twenty named charities for whom provision was made under testamentary trust provisions in the will of Arthur S. Hickok, deceased, who died in 1945. These charities appeal from the denial of their motion in the court below, the District Court of Lincoln County, to set aside its final decree in ancillary probate proceedings upon the estate of said decedent, who at the ...
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Plaintiffs and defendant will be so designated herein as they were in the lower Court. Plaintiffs obtained a declaratory judgment against the defendant holding that the plaintiffs own a right of way easement acquired by prescription over the lands of defendant. Plaintiffs own a tract of land in Taos County which is reached by a road leading from the highway from Eagle Nest to Red River near t...
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297 P.2d 879 (1956) Dave HANSEN, Plaintiff and Respondent, v. Ben HANSEN, Defendant and Appellant. No. 9281. Supreme Court of Montana. Submitted May 10, 1956. Decided May 25, 1956. Rehearing Denied June 11, 1956. Shallenberger & Paddock, Missoula, Rognlein & Murray, Kalispell, James A. Cumming, Columbia Falls, Mont., William F. Shallenberger, argued orally for appellant. T. H. MacDonald, ...
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delivered the opinion of the Court. On September 8, 1955, plaintiff in error, herein referred as to Self, or petitioner, filed in Denver District Court a Petition for a writ of Habeas Corpus, entitled “The People of the State of Colorado v. Jimmie Elies Self, defendant.” Obviously Self, the plaintiff in error, was the petitioner and the People of the State of Colorado, defendant in error, was r...
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Judgment affirmed without written opinion....
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Judgment affirmed without written opinion....
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Judgment affirmed without written opinion....
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delivered the opinion of the Court. Petitioner herein, while a resident of the City and County of Denver, was involved in an automobile accident on December 1, 1953, with respondent Ina C. Mason. Long after the accident, petitioner left Denver and located in Houston, Texas, where he has continuously resided. February 4, 1955, respondent filed a complaint presumably for damages resulting from th...
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Five separate cases are involved in this appeal, they having been consolidated for trial. All of them concern water rights and rights in a ditch in Thomas Creek Valley known as Circle Ditch. Water from Thomas Fork Creek is carried southeasterly through Stevens-Larsen Ditch to the Circle Ditch, and the latter runs east, then south, crossing in succession the farm lands of Appellants Evelyn Hall ...
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5 Utah 2d 116 (1956) 297 P.2d 898 SARAH MARGARET DE WEESE, PLAINTIFF AND RESPONDENT, v. J.C. PENNEY COMPANY, A CORPORATION, DEFENDANT AND APPELLANT. No. 8347. Supreme Court of Utah. May 25, 1956. Ray, Quinney & Nebeker, Salt Lake City, for appellant. Rawlings, Wallace, Roberts & Black, Salt Lake City, for respondent. CROCKETT, Justice. Sarah M. DeWeese slipped and fell in the entrance of ...
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In the year 1929, one Tom Williams and his wife, Mary Jane1 Williams,' went into possession of the property involved herein. At this time the property was owned by V. C. Williams, a brother of Tom. On June 3, 1929, the property was sold by county tax deed to Floyd Wallen, who, on June 4, 1929, conveyed it to Frank Davis. Tom Williams and Mary Jane Williams remained in possession of said premise...
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On the 17th day of February, 1955, Wayne Barros, hereinafter called claimant, filed his first notice of injury and claim for compensation stating that on March 15, 1953, while employed by H. V. Middleton, Inc., employer, he sustained an accidental injury arising out of and in the course of his employment when he hurt his back, left hip and sustained other injuries. On June 28, 1955, the State I...
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The action out of which this appeal arises was instituted by the State on rela- ' tion of the County Attorney of Craig County, Oklahoma, for the purpose of having forfeited, under the provisions of Tit. 37 O.S.1951 § 111, a 1955 Plymouth automobile owned by John Karr, alleged to have been used to transport intoxicating liquor in said county. The Security Bank & Trust Company, Miami, Oklahoma, inte...
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J. C. Kimmel and his wife in March, 1951, entered into a contract with the Colmenero *341 ■Canal Company wherein they sold to the ■company an irrigation well and pump. The Kimmels sued the canal company seeking to cancel the agreement. The company counterclaimed seeking judgment requiring specific performance of the contract. This litigation resulted in a decree requiring that the contract be s...
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Pursuant to an order' of the State Land Commissioner dated March 24, 1954, sealed bids were solicited with respect to certain state lands available for leasing in Yuma County. Of the three eligible applicants, two, John D. Singh, appellant herein, and J. Lloyd Brown, submitted sealed bids within the time prescribed in the notice. Appellant’s bid, proper in every respect, was in the sum of $331. B...
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This is an appeal from an order denying plaintiff’s motion for judgment n. o. v.; from an order denying his motion for a new trial, and from final judgment in favor of defendant on plaintiff’s complaint. The cause of action arose out of an automobile accident. Defendant answered denying the material allegations of plaintiff’s complaint and filed a counterclaim against the plaintiff and secured an...
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The plaintiff as guardian of the estate of one Lawrence Hix, aka Lawrence Hex and Lawrence Heck, brought an action against Eugene Clark and Annie Clark, his wife, in April, 1952, in three separate counts. The first count is in the nature of an action to quiet title to real property located in Phoenix. The second count is based upon a quitclaim deed to real property executed and delivered by the pl...
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An action was initiated by Arthur Womack, as guardian ad litem of his son, Rocky J. Womack, a child of the age of three and one-half years, and by Arthur Womac^> dividually, against Banner Bakery, Inc., a corporation, and Kalman Dorshkind for injury sustained by the said minor. On the afternoon of February 25, 1952, the said minor was struck by an International panel truck driven by defendant ...
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This case involves the constitutionality and, in the alternative, the proper interpretation of chapter 290, Laws of 1955, p. 1287, which is entitled: “An Act creating and establishing municipal courts in cities of the first class having more than five hundred thousand inhabitants, defining and prescribing their jurisdiction, regulating their practice and procedure; providing judges and personne...
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We are here concerned primarily with the effect of the deposit of community funds by a member of the community in a joint account with a person not a member of the community, such deposit being payable, by the terms of the joint account, to either or the survivor of them. Also, we have before us the status of a joint account with the right of survivorship, in a national bank, prior to June 7, 195...
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This case arises because of administrative action taken by the Cowlitz county office of the state department of public assistance against Otto E. Williams and *31Mildred P. Williams, husband and wife. The county office claimed an overpayment of assistance was made to the Williams by reason of an unauthorized transfer by them of an alleged interest in property in violation of RCW 74.08.335. The Wil...
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In this appeal, we must determine whether the trial court acted properly in dismissing with prejudice an action for damages for an allegedly wrongful attachment of the plaintiff’s automobile. The underlying or basic legal question is whether the posting of a redelivery bond by a defendant in attachment proceedings, and his repossession of his property thereunder, constitutes a waiver of damages in...
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49 Wn.2d 1 (1956) 297 P.2d 958 In the Matter of the Application for a Writ of Habeas Corpus of WILLIAM C. ASHLEY, Petitioner, v. LAWRENCE DELMORE, JR., as Superintendent of the State Penitentiary, Respondent.[1] No. 33577. The Supreme Court of Washington, Department Two. May 24, 1956. Wm. C. Ashley, pro se. The Attorney General and Michael R. Alfieri, Assistant, for respondent. HILL, J. William C...
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William C. Ashley petitions for a writ of habeas corpus. He was sentenced June 15, 1939, to not more than twenty years in the Washington state reformatory for first-degree forgery. June 19, 1939', while awaiting transportation to the reformatory, he escaped from the Benton county jail. Upon being recaptured, he entered a plea of guilty to an information charging that he “did, by force, escape from...
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By written contract plaintiffs Reynolds and Wells agreed to sell and defendant Comstock agreed to buy 440 shares of corporate stock evidenced by described certificates, and defendant Mendizza guaranteed Comstock’s performance. In this action for breach of contract plaintiffs recovered a money judgment against Comstock based on his refusal to pay the agreed price and against defendant Me'ndizza ...
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46 Cal.2d 639 (1956) THE PEOPLE ex rel. DEPARTMENT OF PUBLIC WORKS, Respondent, v. A. M. DUNN et al., Appellants. L. A. No. 23936. Supreme Court of California. In Bank. June 6, 1956. James A. Moore and George A. Westover for Appellants. George C. Hadley, R. B. Pegram, Herbert J. Williams, Albert J. Day and Joseph A. Montoya for Respondent. GIBSON, C.J. Defendant owners have appealed from a...
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This is a proceeding in mandamus to compel the respondent superior court to hear and determine a petition pending in that court for a writ of mandamus to order the respondent State Personnel Board to take no further action in the matter of the suspension of the petitioner Francis W. Keeler, a state employee in the respondent Department of Fish and Game. The petitioner was suspended by the ...
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The petitioner-appellant appeals from a judgment entered after an order sustaining a demurrer to his petition for a writ of mandate to vacate a decision of the California Unemployment Insurance Appeals Board denying his claim for unemployment insurance benefits. For reasons of economy the petitioner was discharged from his job with the San Francisco Chronicle on or about November 29, 1952. Pursuan...
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This is an appeal from a judgment entered following an order sustaining a demurrer to the plaintiff’s second amended complaint. Ena Langley, the plaintiff, brought this action to recover damages from the defendant, Spencer Schumacher, upon a cause of action for fraud. In her second amended complaint the plaintiff alleged that she was employed for some time prior to March 31, 1953, by an insurance ...
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These two actions arose because of disputes concerning a 10-year lease of a summer resort known as Glenn Ranch owned by Tally and leased by him and his father to Mr. and Mrs. McCarthy. 1 In the first action Harold McCarthy sought declaratory relief and damages for fraud against Seymour Tally; Tally later brought an action against McCarthy in which he sought to establish certain rights under the...
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Plaintiff and defendant were married in 1936 and separated in 1950. On January 3, 1951, they executed a property settlement agreement. Thereafter plaintiff filed a complaint for divorce, and on January 8, 1951, an interlocutory decree was granted to her on the ground of extreme cruelty. The decree approved and incorporated by reference the provisions of the agreement and expressly ordered defendan...
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46 Cal.2d 540 (1956) 297 P.2d 999 THE PEOPLE, Respondent, v. JAMES MERKOURIS, Appellant. Docket No. Crim. 5745. Supreme Court of California. In Bank. May 25, 1956. *543 Morris Lavine and P. Basil Lambros for Appellant. Edmund G. Brown, Attorney General, and Elizabeth Miller, Deputy Attorney General, for Respondent. CARTER, J. Defendant, James Merkouris, was charged by information[1] with the murd...
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The plaintiff, Beatrice Silver, brought this action against her brother-in-law, Sylvan Schwartz, and her son, Robert Elliot, individually and as copartners, for the sum of $25,500, plus interest, which sum she claims was loaned by her to the partnership. Elliot allowed judgment to go against him by default and he is not a party to this appeal. The trial court, sitting without a jury, rendered jud...
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As recited in appellant’s brief, “This is an action brought by Helen Miller against Schlitz Brewing Company, a corporation, and Associated Brewers Distributing Company, a corporation, to recover for personal injuries. “Helen Miller sought relief in the amount of twenty-six thousand six hundred sixty dollars ($26,660.00) as compensation for her medical bills, wages lost and damage to her person....
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This is an appeal from a judgment of the Superior Court of the County of Sacramento wherein the appellant was convicted of robbery in the first degree. It is also an appeal from an order denying a new trial. The appellant was charged with two counts of robbery and was acquitted on one count. The identification of the appellant as the perpetrator of the robbery of which he was convicted is certa...
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At the conclusion of a contest instituted by the heirs at law of the decedent, Harry C. Stauffer, the court by its judgment denied probate of the will offered by the proponents, R. N. Philpot and Hilda Kirtlan, except as to two items thereof. Proponents’ motion for a new trial was denied, and this appeal followed. A summary of the pertinent facts as shown by the rather voluminous record indicates ...
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This is an appeal from a judgment dismissing the action for failure to have summons issued within one year after the filing of the complaint, as required by section 581a of the Code of Civil Procedure. On July 26, 1951, appellant’s mother commenced this action to recover damages from the state and certain of its officials on the ground that in 1880 the then judge of the Superior Court of S...
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Defendant appeals from a judgment of conviction of forgery, five counts, which judgment recited, inter alia, that defendant admitted three prior felony convictions and that he had served a term of imprisonment for each of these previous offenses, to wit: (1) Forgery of government check, a 1941 conviction by a federal court in Missouri; (2) violation of Dyer Act, a 1944 conviction by a federal c...
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In her complaint, plaintiff (appellant) alleges that she suffered personal injury as the result of negligence on the part of both the defendant (respondent) hospital and its employees; that the injury occurred while she was a paying patient in the hospital; and that the hospital does receive and treat some patients without charge, or on charity. A general demurrer to the complaint was sust...
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August 8, 1955, plaintiff and appellant filed a complaint, and made service August 19, 1955, upon defendant and respondent by serving the Idaho commissioner of insurance in accordance with the provisions of I.C. § 41-608. September 20, 1955, appellant took default against defendant and respondent Inland Empire Insurance Company, a corporation, only, as it alone failed to appear. This appeal affec...
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The parties will hereinafter be referred to as they appear in the trial court. Appellant will be designated as plaintiff; respondent as defendant. February 15, 1955 Frank V. Olson filed a complaint against Farmers Insurance Exchange, described as a corporation. Summons was issued and on February 21, 1955, served. The firm of Hawkins & Miller of Coeur d’Alene was immediately retained by defendant t...
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delivered the opinion of the Court. We will refer to the parties by name, or as they appeared in the trial court, where Winfield Urich was plaintiff, and H. R. Hurd, individually, and H. R. Hurd, Associates, an unincorporated association, were defendants in an action commenced October 11, 1954. Urich sought cancellation of a certain “Mining Rights Lease” dated October 17, 1953, in which Ur...
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Judgment affirmed without written opinion....
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297 P.2d 1051 (1956) 61 N.M. 222 The BARELAS COMMUNITY DITCH CORPORATION, a body corporate, et al., Plaintiffs-Appellees, v. CITY OF ALBUQUERQUE, New Mexico, a municipal corporation, Defendant-Appellant. No. 5993. Supreme Court of New Mexico. May 31, 1956. Frank L. Horan, City Atty., Peter Gallagher and Albert T. Ussery, Sp. Counsel, Albuquerque, for appellant. Robert Hoath LaFollette, Albuquerqu...
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The appellant seeks a reversal of his conviction of murder in the second degree because of claimed insufficiency of the evidence to sustain the charge, and a claimed error in the instructions on unavoidable accident or misfortune. The appellant and the prosecuting witness, Carlos Baca, attended a dance in Tucumcari, New Mexico, where trouble started between them and an innocent bystander was ki...
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Plaintiff filed suit against defendant' on the claim that, as a real estate broker, plaintiff procured for defendant a purchaser to whom defendant sold a motel or tourist court in Las Cruces, N. M„ and that commission was not paid to plaintiff therefor. Plaintiff lived in Lubbock, Texas, but was licensed to sell real estate in New Mexico, having an office in Roswell. Plaintiff filed a comp...
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This is an appeal by the appellant, M. A. Trujillo, who was plaintiff below, from a judgment of the district court of Rio Arriba County rendered in a suit to quiet title, refusing to quiet title in him and quieting title instead in the defendants to four certain tracts of land designated in the pleadings as 8, 10, 11 and 12. The parties will be designated here as they were below. The origi...
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208 Or. 121 (1956) 297 P.2d 1073 299 P.2d 1076 COLBY v. LARSON Supreme Court of Oregon. Argued May 8, 1956. Reversed and remanded June 6, 1956. Petition for rehearing denied July 18, 1956. *122 James L. Hannam argued the cause for appellant. On the brief were Yunker, Fewless & Hannam, Portland. Roger L. Dick argued the cause for respondent. On the brief were Dick & Dick, The Dalles. Befor...
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297 P.2d 1079 (1956) James D. RINGELBERG; and William K. Stine, dba A-1 Plumbing Supply Company, Appellants, v. UNITED ASSOCIATION OF JOURNEYMEN and APPRENTICES OF the PLUMBING and PIPEFITTING INDUSTRY OF the UNITED STATES and CANADA, LOCAL UNION 525, LAS VEGAS, NEVADA; Frank E. Long, individually; Frank E. Long, as Business Agent of Local Union 525; John Carter, as Assistant Business Agent of Lo...
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*157OPINION On Petition For Temporary Injunction This appeal is from an order of the trial court denying an injunction pendente lite. Before this court appellants have moved for an injunction pending appeal. A temporary restraining order was granted, ex parte, until hearing upon the motion could be had. The suit below is for a permanent injunction to restrain respondent union from calling a strike...
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*152 OPINION This is an appeal taken by the defendants below from a decree adjudicating water rights to plaintiffs’ property situated in Washoe County and enjoining defendants from interference therewith. Plaintiffs purchased their property from defendants who have retained ownership of adjoining premises. Defendants contend that no water rights passed with the conveyance. Further, they conte...
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This action was instituted in the district court of Oklahoma County by Marjorie Walton against Iris Thompson and Checker Cab Company to recover damages for.personal injuries allegedly sustained as the result of an automobile collision which occurred February 2, 1954, at 1:30 P. M., between a taxicab belonging to the Checker Cab Company, in which Mrs. Walton was a passenger for hire, .and an aut...
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This is an. original proceeding brought by petitioner, City of Ardmore, Oklahoma, a Municipal Corporation, to ' review an award of the State Industrial Commission in favor of respondent, Roy Wickware, hereinafter referred to as claimant. To vacate the award, it is first urged by petitioner that the Commission was without authority to'enter an award while there was an' outstanding order of the C...
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On March 23, 1955, Mary Margaret Bowen, claimant herein, filed a claim for compensation against Butler-Sparks Equipment Co. and its insúrance carrier wherein she states that on October 6, 1954, while in the employ of Butler-Sparks Equipment Company, she sustained an accidental injury consisting of an injury to her back resulting in some permanent disability to her person. The accident was caused b...
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297 P.2d 1094 (1956) In re the ESTATE of Sarah Jane MULLENDORE, Deceased. Patience M. McNULTY, Plaintiff in Error, v. James E. BERRY, Executor of the Estate of Sarah Jane Mullendore, Deceased, Defendant in Error. No. 36983. Supreme Court of Oklahoma. March 6, 1956. Rehearing Denied May 2, 1956. Application for Leave to File Second Petition for Rehearing Denied June 12, 1956. McNeill & McNeill...
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This appeal involves the construction and interpretation of certain portions of the testatrix’ will and the distribution of property thereunder. In their briefs the parties identify plaintiff in error, as plaintiff, and defendant in error, as defendant.- This opinion will continue such mode of reference to the parties. The judgment appealed from was entered by the District Court of Pawnee County a...
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Robert D. Ramsey, as the owner of certain trucks and trailers entered into a “lease agreement” with the Southwest Lumber Mills, Inc., whereby he leased the equip- *358 ment to the company upon terms which so far as pertinent will be hereinafter recited. C. L. Lane, superintendent of motor vehicles, Arizona highway department, believing that Ramsey in leasing the property to the co...
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This is an appeal by plaintiff Bert Cavanagh from a summary judgment granted in favor of defendants James E. Kelly, et ux. Plaintiff, a licensed real estate broker, was engaged by one McBroom to find a buyer for McBroom’s business consisting entirely of personalty. Defendant Kelly was procured by plaintiff as a prospective purchaser but it developed that McBroom wanted a larger cash down p...
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Upon reading and filing the stipulation of the parties to the above-entitled action and upon the motion of plaintiffs and appellants herein, the appeal in the above entitled action is dismissed, the parties to pay their own costs. *615ME. CHIEF JUSTICE ADAIE, and ME. JUSTICES ANGSTMAN, ANDEESON, DAVIS and BOTTOMLY, concur....
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On December 1, 1955, the appellant Clifford I. Walker, by his then attorney of record, Jerry J. O’Connell, filed in the office of the clerk of the Supreme Court, appellant’s transcript on appeal and on January 6, 1956 on motion of appellant’s said attorney, time for filing appellant’s brief on appeal was extended to February 6, 1956. On January 16, 1956, appellant’s attorney Jerry J. O’Connell die...
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The opinion of the court was delivered by This opinion is on a limited rehearing in the above cases, which were previously consolidated for review in this court. The opinion quieting title in appellants as against appellees, thereby reversing the judgment of the trial court, was filed on November 12, 1955. (Froelich v. United Royalty Co., 178 Kan. 503, 290 P. 2d 93.) A motion for a limited ...
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The opinion of the court was delivered by This was an action originally commenced by plain: tiffs on March 10, 1954, to recover damages from Hearne Motor Freight Lines, Inc., hereafter referred to as Hearne, for failure to deliver goods being transported by it as a common carrier. On some date not disclosed by the abstract, Santa Fe Trail Transportation Company was made a party defendant, but a...
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This is an action to recover a yield tax of $3,387.63, due under the reforestation act, paid under protest by the Albie Logging Company. Judgment of dismissal was entered after trial to the court and this appeal follows. The reforestation act was enacted as chapter 40, Laws of 1931, p. 117. (We do not cite RCW 84.28 because it was apparently an attempt to rewrite the act.) The act was dis *90 ...
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Donald Taft pleaded guilty to an information charging the crime of rape. Judgment and sentence were immediately entered. Fifteen days later, he filed a motion to vacate the judgment and sentence and to permit him to withdraw the plea of guilty. After hearing, the motion was denied. Taft then instituted this appeal. He contends that several of his constitutional and statutory rights were denied ...
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