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All Reporters → p2d → Volume 323

Opinions in p2d Volume 323

84 Ariz. 24 (1958) 323 P.2d 1 SOUTHERN PACIFIC COMPANY, a corporation, Tony D. Ciochetti, and Thomas E. Irwin, Appellants, v. E.M. CAVALLO, Appellee. No. 6293. Supreme Court of Arizona. March 19, 1958. *26 Boyle, Bilby, Thompson & Schoenhair, H.C. Warnock and B.G. Thompson, Jr., Tucson, for appellants. John P. Somers and Jack T. Arnold, Tucson, for appellee. WINDES, Justice. Appellee E.M. Cav...
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Elsie Schuster, distributee of the estate of Joseph Schuster, deceased, filed suit against U. S. Manganese Corporation, an Arizona corporation, alleging in substance that during decedent’s lifetime defendant issued to him certificate No. 191 for 12,000 shares of stock; that the certificate was not delivered or, if delivered, was lost or mislaid; that demand was made by plaintiff for delivery of...
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This is a divorce action in which both parties were awarded a decree on the ground of cruel and inhuman treatment. The property of the parties was divided equally between them. Custody of the minor child of the parties was awarded to the plaintiff, and the defendant was given visitation privileges. Each of the parties was found to be a fit and proper person to have the care and custody of the chi...
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Mosie Tipsword, an employee of the state highway department, was injured when he came in contact with a high voltage cable, maintained by Wahkiakum county PUD. The claim which he thereafter filed with the department of labor and industries was rejected on the ground that he was not in the course of his employment when the injuries were sustained. On January 26, 1955, while his appeal to the boa...
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This action was instituted by a California corporation to recover five hundred twenty-five dollars for advertising service furnished to defendant pursuant to a written contract. Defendant’s answer denied “each and every allegation, matter and thing” contained in the complaint. At the close of plaintiff’s case, defendant moved for a dismissal on the ground that plaintiff had not proven its corporat...
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7 Utah 2d 263 (1958) 323 P.2d 16 MARILYN BARNETT JOHNSON, PLAINTIFF AND APPELLANT, v. DERAL JOHN JOHNSON, DEFENDANT AND RESPONDENT. No. 8648. Supreme Court of Utah. March 14, 1958. Lionel M. Farr, Salt Lake City, for appellant. Richard C. Dibblee, Salt Lake City, for respondent. CROCKETT, Justice. This is an appeal by Marilyn Barnett Johnson from an order modifying a divorce decree relieving her ...
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OPINION By the Court, The state filed an information in Elko County under Nevada’s “in transitu” statute, charging Steward with the crime of murder committed in the state while in a moving van traveling eastward in the state on a trip terminating in Elko County. The district court held the information to be fatally defective in not alleging that the crime was committed in Elko County, and the stat...
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*89OPINION By the Court, This is an action for personal injuries resulting from an automobile upset. From judgment for the defendants this appeal is taken by the plaintiffs. Appellants concede that the injured party was a guest under NRS 41.180 and that recovery is there denied save where injury was caused by intoxication, willful misconduct or gross negligence. They contend, however, that the rec...
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sitting in place of MB. JUSTICE BOTTOMLV, delivered tbe Opinion of tbe Court. This action was commenced by appellant owner against the-City of Billings, tbe chief of police, tbe mayor and tbe two *556policemen for damages in the sum of $1,000 for the destruction of her dog, Kind. The stipulated facts in this appeal reflect the following: On or about January 27, 1951, a stray dog in the City of Bil...
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sitting in place of MR. JUSTICE BOTTOMLY, delivered the Opinion of the Court. This is an action by the plaintiffs against the defendant, *563City of Slielby, its mayor and councilmen. The plaintiffs seek judgment against the defendant in the sum of $8,759 for damages to real and personal property owned by the plaintiffs. It is alleged in the complaint that in October 1947, the defendant negligentl...
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sitting in place of MR. JUSTICE BOTTOMLY, delivered the Opinion of the Court. Appeal from a judgment and decree given, made, rendered and entered in department No. 1 of the district court of the first judicial district of the State of Montana, whereby, and by reason of which, a decree of divorce given, made, rendered and entered in department No. 2 of the court was declared null, void and of no fo...
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This is an action at law in which the plaintiff sued three corporations and two individuals to recover $1,180 on an alleged contract of employment and on account of services allegedly rendered to defendants at their request. After trial verdict was returned and judgment entered against one defendant only, and that defendant, Carl M. Halvorson, Inc., a corporation, now appeals. The following fac...
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This is a suit by the plaintiffs Cox et al., against defendants Bowman, to quiet title to lands described in the complaint, which land, for convenience, the parties have designated as “Blackacre.” A decree was entered quieting plaintiffs’ title, and defendants appeal. Blackacre is a small area of about one-third of an acre, which is the site of a spring, reservoir and right-of-way from said spr...
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The respondents, defendants in the court below, have moved for an affirmance of the judgment on the *129ground that no bill of exceptions has been brought to this court, and the pleadings support the judgment. The action is for malicious prosecution, and the appeal is from a judgment for the defendants (except the defendant, Iris Smith, who was granted a judgment of involuntary nonsuit) based on t...
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Plaintiffs and defendants appeal from a judgment in a declaratory relief action which held that an ordinance of the city of Claremont rezoning plaintiffs’ property as commercial property was valid. Plaintiffs’ property is located on the southwest corner of Foothill Boulevard and Mountain Avenue in Claremont, extending 959 feet in a westerly direction along the south side of Foothill and 569 feet i...
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49 Cal.2d 815 (1958) GRACE MARIE VATER, Appellant, v. COUNTY OF GLENN et al., Defendants; GLENN-COLUSA IRRIGATION DISTRICT, Respondent. Sac. No. 6826. Supreme Court of California. In Bank. Mar. 21, 1958. P. M. Barceloux, Burton J. Goldstein and Goldstein, Barceloux & Goldstein for Appellant. Duard F. Geis, Carroll F. Byrd, Geis & Byrd and Carroll F. Byrd, Jr., for Respondent. GIBSON...
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This is an appeal by the defendant Lena Califro from an order entered August 26,1955, granting plaintiff’s motion to vacate an order entered July 21, 1955. The order of July 21 was made pursuant to the provisions of Code of Civil Procedure, section 581a. 1 It dismissed the action as to Lena and her codefendant Mareck. The order appealed from was based on the asserted ground that the ...
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In an information filed by the district attorney of Los Angeles County, the above named defendants! were charged with the crime of robbery in that they forcibly took from one Louis Bosola $75 on or about April 22, 1957. It was further alleged that at the time of the commission of the offense, the defendants were armed with a deadly weapon, to wit, a .22 caliber automatic pistol. Defendants pleade...
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The plaintiff recovered a judgment in a personal injury jury case against the general contractor and against the owners of the premises upon which a motel was being constructed. The appeal by Alland and Company, Inc., the contractor, is from the judgment, and the appeal of Cabrol et al., the owners, is from the judgment and from the denial of their motion for judgment notwithstanding the verdict. ...
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A jury rendered a verdict in favor of plaintiff and against defendant city and county of San Francisco for $80,000. * The trial court granted judgment notwithstanding the verdict in favor of defendant. Plaintiff appeals. *600 The sole question presented is whether there was any evidence of negligence of defendant proximately contributing to the accident. Evidence ...
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Defendant was convicted of murdering his wife on Christmas Day, 1956. The jury fixed the offense as murder in the second degree. The jury found the charge that defendant had suffered a prior felony conviction for forgery to be true. Defendant’s motion for a new trial was denied and he was sentenced to the state prison. He has appealed from the judgment of conviction. In seeking a reversal defen...
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Lyle G. Williams, plaintiff above named, has appealed from a judgment declaring that he has no interest in certain real property. In 1946 J. C. Janes and Juanita C. Janes entered into a contract to sell certain real property to Lyle G. Williams and his wife, Gladys I. Williams, for the sum of $2,235. The agreement provided that the Williamses would pay the amount due on the property, after a small...
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Jesus Nieto Carrasco and Lorenzo Barrios were accused by information of the unlawful possession of marijuana, in violation of Health and Safety Code, section 11500. In a court trial, Barrios was found not guilty and Carrasco was found guilty as charged in the information. Defendant made a motion for new trial, which was denied. Probation was likewise denied, and Carrasco was sentenced to state pr...
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The defendant has appealed from a judgment based on a jury’s verdict awarding the plaintiff $4,000 damages for personal injuries, and from an order denying its motion for a judgment notwithstanding the verdict. The appeal is taken upon a clerk’s transcript and an agreed statement. The accident occurred on October 1, 1954, on the grounds of the defendant while it was conducting an agricultural f...
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Another appeal taken in propria persona which does not present any semblance of merit. Appellant in 1957 sought to vacate a judgment taken in 1949 against him as plaintiff in this action, and to set aside the defendants’ answers and to enter their defaults,—all because of alleged defects in the verification of each answer. The motion being denied, he appeals. On January 7, 1949, plaintiff sued to ...
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In a complaint filed in the Municipal Court in the San Diego Judicial District appellant was charged with three separate counts of issuing checks without sufficient funds in violation of section 476a of the Penal Code. He appeared in said court in person and through his attorney and entered a plea of guilty of the offense charged in the complaint. He was then certified to the Superior Court of Sa...
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Defendant was convicted of violating Penal Code, section 288 (count one), and section 288a (count two). He appeals from the judgment and order denying his motion for a new trial. *539 John, the victim in this case, was approximately 11½ years of age when the incident took place on August 30,1956. John lived at a boys’ home. Adjacent to the home is a public school which is enclosed by a fence....
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This is an appeal from a judgment enjoining defendant, for a period of five years, from “entering into competition, directly or indirectly, with plaintiff . . . and/or soliciting structural pest control work, all in the exterminating business, Branch 3, Group D termite control work,” in a specified area of the Sacramento Valley, and from “making use of confidential information or trade secrets ...
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Defendants appeal from an order appointing a receiver upon proceedings heard together (1) under a complaint in equity to set aside transfers allegedly in fraud of creditors; (2) under supplementary proceedings in the original case. Questions Presented 1. Was the appointment of a receiver of the leased apartment houses improper (a) because the transfers of the leases *646 ...
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This is an appeal from a judgment in favor of the defendant in an action brought to cancel or reform a written contract whereby appellants conveyed a private road to respondent. It appears that for many years prior to 1951 respondent had an easement in an old road on appellants’ property. The road ran from a highway, across appellants’ property, and then into and over respondent’s adjoining proper...
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This is a motion to dismiss the appeal either because the order appealed from is nonappealable, or because the appeal, in any event, has been abandoned. The plaintiff filed a two count complaint, the first count seeking judgment against Wendt Construction Company and its surety, United Pacific Insurance Company, and the second seeking judgment against Builders’ Control Service. After a first am...
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Respondent is the assignee of a money judgment rendered on December 20, 1951, against Allied Building Supply Company, a corporation, hereafter called “the corporation.” Appellant is the purchaser of certain property at an execution sale held on October 18, 1951, to enforce a judgment rendered against one Lee H. Stroble in an unrelated action entitled “Ennis v. Stroble.” The property so purchase...
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This is an action for damages for personal injuries sustained by plaintiff when her automobile was struck from the rear by a cement mixer truck of defendant corporation, driven by defendant Porter. The two vehicles were in the center lane of three northbound lanes on El Camino Real in Redwood City. The accident occurred in the early afternoon of a clear day in August. There was evidence from whic...
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*719MUSSELL, J. This is an action for declaratory relief and for an injunction. Defendant Highland Park Public Utility District is a political subdivision of the State of California organized under the provisions of the Public Utility District Act (Pub. Util. Code, 7). Plaintiffs were engaged in a joint venture in the county of Kern, which venture consisted of the development of a housing subdivis...
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Plaintiff Rosemary Scarano, through her guardian ad litem, appeals from a judgment for defendant Dr. Thomas Schnoor. In September 1950 appellant was having visual difficulties and was referred to defendant by Dr. Peters, an optometrist. Defendant, an opthalmologist, diagnosed the difficulty as “a questionably displaced lens with nasal pigments” (lens improperly centered behind the pupil with pi...
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In an information filed by the District Attorney of Los Angeles County, defendant was accused of violating section 337a of the Penal Code (bookmaking) as follows: Count I. Violation of subdivision 1 of said section on or about January 12, 1957. Count II. Violation of subdivision 6 of the aforesaid section, on or about January 12, 1957. Count III. Violation of subdivision 1 of the aforesaid section...
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In October of 1947 Grace Frizzell, the plaintiff, obtained a decree of separate maintenance from Riley Frizzell, the defendant. The decree, among other things, incorporated by reference a property settlement agreement, gave “the care, custody, control and education” of the couple’s two children, Glen and James, to the plaintiff, “with the right of the defendant to visit with said children at reas...
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This is an appeal by Rowland F. Sweet from judgments in favor of respondents in an action to recover the sum of $24,980.05 allegedly due and unpaid. By his second amended complaint appellant Sweet sued Earl Markwart, C. W. Howard (Helen Howard, executrix of the last will and testament of C. W. Howard was substituted as the defendant before the trial of the action), and the American Trust Compan...
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158 Cal.App.2d 770 (1958) CHARLES RADOFF, Respondent, v. JOHN HUNTER et al., Appellants. Civ. No. 22336. California Court of Appeals. Second Dist., Div. Three. Mar. 27, 1958. Goebel & Donovan and Herbert J. Beck for Appellants. Joseph W. Fairfield and Ethelyn F. Black for Respondent. WOOD (Parker), J. Action for damages for personal injuries resulting from being attacked and bitten by ...
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Petitioners appeal from a judgment denying their application for a writ of mandate to annul a portion of a civil service promotional examination taken by them for the position of assistant fire chief and refusing to enjoin the respondents from certifying an eligible list for that position compiled as a result of that examination. An eligible list is in effect for only four years. Although the cer...
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This action was instituted May 11, 1954. A trial by jury resulted in a verdict for plaintiff and defendant appeals from the resulting judgment in the sum of $109,900 plus interest. A second amended complaint sets forth causes of action based upon promissory estoppel and upon a contract. No evidence was offered or received under the second cause of action. This complaint alleges in its firs...
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Madeline Algee, widow and executrix of the will of decedent, appeals from an order allowing respondent Eschwig $3,000 as his share of the statutory attorney's fee, another attorney having been substituted as counsel for the executrix in his place. Respondent served in that capacity from December 10, 1956 to May 24, 1957, when the substitution was made. He thereupon applied for an allowance upon...
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Plaintiff has appealed from a judgment in favor of Ford Motor Company, based on an order sustaining a demurrer without leave to amend. The action is against Van Etta Motors, vendor of a Mercury automobile, on an alleged warranty; answer of that defendant has been filed; but it is also against Ford Motor Company for damages alleged to have been caused by negligence in the manufacture of the brakes...
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This is a contempt of court proceeding arising in a divorce action. Defendant husband appeals from an “Order Revoking ‘Suspension of Sentence’ and Directing the Issuance of a Warrant of Arrest.” Defendant was released from custody, under bond, pending appeal to this court. The ultimate facts that we need consider are these: July 5, 1956, the court adjudged defendant in contempt for failure to...
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February 26, 1956, at approximately 12.01 a m., Norman Sewell was walking northwesterly in the west pedestrian lane across east Madison street, where it is intersected by 22nd avenue in the city of Seattle. He was injured when he was struck by an automobile operated by Peter MacRae, who was proceeding southwesterly on east Madison street and had crossed 22nd avenue to the west pedestrian lane. Th...
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The defendant, Howard H. Brown, married the complaining witness in February, 1945. A daughter, Deborah Jean, was born of the marriage in October, 1951. The parents were divorced in King county in February, 1955. The complaining witness was awarded custody of the child and granted an award for child support. In April, 1955, the complaining witness married Mr. Schwendeman and moved *93 to Grant c...
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Aubra H. Windust died on March 29, 1954, at the age of sixty-one years, while working for the Glacier Sand and Gravel Company as an operator of a ready-mix concrete truck. On April 28, 1954, his widow filed a claim for a pension with the department of labor and industries, which the supervisor rejected upon the ground that there was no injury within the contemplation of the workmen’s compensation ...
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The problem of concern here is the interpretation of a contract under which the plaintiffs undertook a construction project of installing sidewalk, curb and gutter in the city of South Salt Lake. The plaintiffs claim that they are entitled to a higher rate of pay for removal of the old sidewalk than the 75‡ per cubic yard allowed and paid them by the defendant for “structural excavat...
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Appeal from a deficiency judgment entered on a directed verdict and from a jury award of attorney’s fees. Affirmed, with costs to plaintiff. On August 12 or 13, plaintiff’s agent delivered a used car to defendant, who gave the agent a $200 check and signed a conditional sales contract in blank. This contract was not used. On August 17 defendant stopped payment on the check. Nevertheless, on the...
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Defendant appeals from a judgment of the trial court in disconnecting lands belonging to the plaintiffs from the corporate limits of defendant town. The disconnection was made under the provisions of Chapter 4, Title 10, U.C.A.1953. Section 10-4-1, U.C.A.1953 provides: “Whenever a majority of the real property owners in territory within and lying upon the borders of any incorporated city or town s...
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This is an appeal by the Nephi Processing Plant, Inc., from a refusal of the trial *287court to vacate a judgment obtained against it by Pillsbury Mills, Inc., and to grant a new trial. From the record it appears that the Nephi Processing Plant, Inc., appellant herein, purchased turkeys from Lafe Morley which it knew was mortgaged to the Pillsbury Mills, Inc., respondent herein, and that by the te...
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sitting in place of MR. JUSTICE BOTTOMLY: This is an appeal from an order of the district court of Lake County, denying defendant’s motion for a change of place of trial. Plaintiff, Clarence E. Seifert, filed his complaint in the district court of Lake County, seeking damages arising out of a hunting accident which he alleged occurred on or about November 11, 1954, while he and his wife were on a ...
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sitting in place of MR. JUSTICE BOTTOMLY: Tbe defendants have appealed from a judgment entered on a jury verdict in favor of tbe plaintiffs, for $1,680 damages, for gravel taken by defendants without permission from plaintiff’s land in tbe defendant county in June and July of 1951, and used for surfacing one of tbe nearby roads of said county. This action was commenced June 18, 1954, after plainti...
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323 P.2d 274 (1958) Warner David DALLAS and Robert J. Ernst, Plaintiffs in Error, v. J. B. FITZSIMMONS, also known as Jess Fitzsimmons, Perry Fitzsimmons, John Wonder, E. C. Jackson, Steven Hickel, C. E. Hazelhurst, and Tom Tatum, Defendants in Error. No. 17755. Supreme Court of Colorado, En Banc. March 17, 1958. Rehearing Denied April 7, 1958. *275 Leo Wm. Kennedy, Frazer Arnold, Fred W. Mattson...
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delivered the opinion of the Court. We shall designate the parties to this writ of error as they appeared in the trial court where defendant in error was plaintiff, and plaintiffs in error were defendants. The action was one to quiet title to real estate, and it is admitted that service of summons was had on all defendants who here appear. One of the named defendants in the trial court, Josephine ...
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This was an action in the district court of Santa Fe County, instituted by plaintiffs-appellants against defendant-appellee. Pauline Kitts seeks to recover damages for personal injuries sustained when she slipped and fell in one of defendant’s food markets. Her husband, Willard Kitts, seeks to recover damages for loss of consortium and for medical and hospital expenses occasioned by the injuries w...
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On February 3, 1956, the plaintiff-appellee sued the defendant-appellant for $27,-500, plus costs, as damages for personal injuries, loss of time, pain and suffering, and medical expenses, alleged to have resulted proximately from the negligence of the defendant in failing to furnish the plaintiff with safe equipment and a safe place to work. Thereafter the plaintiff filed an amended complaint whi...
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This action arose out of a collision which occurred near the intersection at Texas and 4th Streets in Eunice, New Mexico. One, Taylor, was driving a Gulf truck in a westerly direction. William A. Stearns, driving his own truck, was following the Gulf truck at a point 1feet east of the intersection and approximately two feet north of the center line of Texas Street. Stearns, attempting to pass the ...
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The action below was based on two claims for relief. The first on assumpsit and the second for damages resulting from fraud in the transaction. The trial court, sitting without a' jury, made findings of fact and conclusions of law sustaining plaintiffs on both theories. This appeal by defendant, Paula Hassenpflug, from the money judgment for $12,360 together with interest and costs entered agai...
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This is an appeal by the defendant, Raymond Gr. Moon, from a decree which the circuit court entered in a suit instituted by the defendant’s wife Anabel, pursuant to ORS 107.210 through 107.320, for a separation of plaintiff and defendant from bed and board, together with the grant of incidental relief. The complaint charged the defendant with having treated the plaintiff in a cruel manner. The ans...
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The State has moved for an order supplementing the transcript of testimony so as to include proceedings in connection with the selection of and initial admonitions to the jury, which are not included in the bill of exceptions filed here by the defendant-appellant. The defendant, by letter, has advised the court that he has no objection to the supplementation. For the reasons stated in ...
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This is a suit for an accounting brought by plaintiff Lloyd M. McCormick against defendants J. C. Campbell and John H. Miller, dba Dr. J. C. Campbell, Dentist. There was a decree for plaintiff and for petitioner Ray H. Lesher, a referee appointed by the court, and defendants appeal. The following facts are alleged and admitted and are therefore taken as true: The plaintiff and defendants were Doct...
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213 Or. 133 (1958) 323 P.2d 329 NISSON v. TILLMAN ET UX Supreme Court of Oregon. Argued October 10, 1957. Affirmed March 26, 1958. *134 Robert E. Jones, Portland, argued the cause for appellants. On the brief were Windsor, Jones & Briggs, Portland. Albert T. Kemmer, Portland, argued the cause and filed a brief for respondent. *135 Before PERRY, Chief Justice, and LUSK, WARNER and KESTER,[*] J...
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This is a suit in equity to rescind a contract for the sale and purchase of a yarder (a piece of machinery used in logging operations) and to cancel the note and mortgage executed by the plaintiff as security for a portion of the purchase price. The trial court granted the rescission and cancellation of the instruments and the defendants appeal. It should be noted that in a suit for rescission ...
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The respondent, the executor of the estate of Ralph R. Clark, deceased, has moved to dismiss the appeal because no transcript of testimony has been brought to this court and the pleadings are sufficient to support the orders appealed from; or, in the alternative, to strike the appellant’s brief from the files because it does not comply with our rules. The appellant, Lydia V. Clark, is the widow of...
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This is an appeal by the plaintiff from that portion of a divorce decree relating to the custody of the minor child of these parties, Ronald Leonard Watson, Jr., age 22 months. At the conclusion of a contested trial of the issues presented, a decree was entered granting the plaintiff’s prayer for a divorce from the defendant, and providing alimony. With relation to the custody of the minor chil...
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This appeal concerns an application to the State Corporation Commission by one Real Pitts of Stillwater, Oklahoma, for a Class “B” Motor Carrier Service Permit to transport “used emigrant moveables, including household goods in and out of Payne County, Oklahoma, to and from any point within the State of Oklahoma.” Some of the more material facts adduced at the hearing before the Commission...
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This is an appeal on the original record from an order denying a motion to vacate a judgment. Plaintiff in error is proceeding under 12 O.S.1951 § 1038, which authorizes the court to vacate a void judgment “ * * * at any time, on motion of a party, * * * ”. He-does not contend that any of the other statutory provisions authorizing the vacation of a judgment are applicable. The judgment roll, to...
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This is an action to recover the down payment of $2,500 on a contract to purchase a flower business. The action is based upon the seller’s alleged fraud. The suit was instituted by one of the buyers, Norman V. Jones, against the seller, Harry Gold-berger, and the other buyer, Ted Smart, was joined as a party defendant. The defendant Goldberger cross-petitioned against both buyers for $4,000, th...
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Douglas Starr, by his father and next friend, Leroy T. Starr, filed an action against D. H. Welch alleging that plaintiff purchased an automobile from D. H. Welch on February 1, 1956; that he paid $450 and traded in another automobile; that defendant, for himself and by agent, orally warranted that the automobile, which was a 1951 model, had therein a new and unused 1952 or 1953 Mercury motor; ...
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This is a suit wherein the plaintiffs, Marvin M. Moore and his wife, Eugenia Louise Moore, and Alvin A. Marshall and his wife, Wynema A. Marshall, sought to enjoin and restrain the defendants, Kenneth L. White and his wife, Margaret L. White, from constructing and using a certain contemplated building in alleged violation of plat restrictions of a certain addition in Walters, Oklahoma. The part...
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This is an eminent domain proceeding in which the parties to this consolidated appeal occupied in the trial court the reverse of their positions here. We shall refer to them by their trial court designations. The plaintiff instituted this proceeding by filing its petition for the appointment of appraisers to determine the compensation due defendants from the condemnation of an easement ove...
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323 P.2d 362 (1958) Zelma C. CARTER, Annie J. Clements, Billie F. Collie, Oliver D. Ervin, Velma F. Graham, Mildred A. Lusk, Dorothy D. Mann, Joe M. Marler, Frank Smith, and John Lee Stach, Plaintiffs in Error, v. The BOARD OF REVIEW UNDER OKLAHOMA EMPLOYMENT SECURITY ACT, Oklahoma Employment Security Commission and Douglas Aircraft Company, Inc., a corporation, Defendants in Error. No. 37811. Su...
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This case arises under the Oklahoma Employment Security Act, 40 O.S.1951 sec. 211 et seq., and is an appeal by Zelma C. Carter and others, hereinafter referred to as claimants, from a judgment of the District Court of Tulsa County which upheld or approved a decision of the Board of Review holding that claimants were not unemployed during certain periods immediately following the termination of the...
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Thomas V. Noland, hereinafter called plaintiff, filed his action against the defendant, Van Horn Drug Company, a corporation, to recover damages for breach of a contract to operate a cafe as manager. Judgment was entered on the verdict of a jury for the plaintiff against the defendant for $428.56, and defendant appeals. The record discloses that on the 1st day of February, 1956, plaintiff and d...
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On the 28th day of April, 1956, Guy H. Barkley died while in the employ of petitioner, City of Alva. He had been employed as construction foreman of the City Water Department, and, while working in connection with that department, he contracted lead poisoning and thereafter developed myeloma and died as a result of the lead poisoning and myeloma. On May 31, 1956, Lucy P. Barkley, surviving widow a...
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The parties to this action appear here in the reverse of their order of appearance in the trial court and hereinafter we shall refer to them by their trial court designation. The plaintiff brought this action to recover the damages resulting from the defendant’s failure to pay for an irrigation system he purchased from plaintiff. The action was tried to a jury which returned' a verdict for plainti...
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Earl Ernest Miller was charged in the district court of Pottawatomie County with the crime of operating a motor vehicle upon a public highway of Oklahoma while under the influence of intoxicating liquor, second and subsequent offense; was convicted, but the jury being unable to agree upon the punishment to be assessed, left that to the court, who fixed the penalty at a fine of $100 and imprisonmen...
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Plaintiff in error, R. Q. Sikes, hereinafter referred to as the defendant, was charged by information in the county court of Garvin County with the crime of illegal possession of intoxicating liquor, was tried before a jury, found guilty and sentenced to 30 days in the county jail and to pay a fine of $50. The evidence discloses that officers armed with a search warrant raided the defendant’s home...
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The plaintiff in error, John Q. Akers, hereinafter referred to as the defendant, was charged by information in the county court of Carter County with the crime of *382 operating a motor vehicle while under the influence of intoxicating liquor. He was tried before a jury, found guilty and sentenced to serve 30 days in the county jail and to pay a fine of $250. The defendant rel...
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50 Cal.2d 163 (1958) WALTER W. PHILLIPS, Appellant, v. GLENN R. NOBLE, Respondent. L. A. No. 24706. Supreme Court of California. In Bank. Mar. 28, 1958. Everett E. Demler and Eric A. Rose for Appellant. Bauder, Gilbert, Thompson & Kelly, Ball, Hunt & Hart, Clarence S. Hunt and Jean Wunderlich for Respondents. GIBSON, C.J. This is an appeal by plaintiff from an adverse judgment ente...
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Plaintiff, a passenger on one of defendant’s buses, brought this action for injuries to his knee allegedly resulting from the negligence of the driver in suddenly reducing the speed of the bus. Pursuant to a verdict, judgment was rendered in favor of defendant. A new trial was granted upon the ground that there had been an error of law occurring at the trial. Defendant has appealed. The testimony ...
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50 Cal.2d 75 (1958) 323 P.2d 397 THE PEOPLE, Respondent, v. MAX OSSLO et al., Appellants. Docket No. Crim. 6127. Supreme Court of California. In Bank. March 26, 1958. *82 Aaron Sapiro, Charles M. Arak and Charles P. Scully for Appellants. Edmund G. Brown, Attorney General, and Norman H. Sokolow, Deputy Attorney General, for Respondent. SCHAUER, J. Defendants were charged with (count I) "Conspirac...
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with William G. Bonelli and certain John Does, was charged in an indictment with con *140 spiring to violate section 5002.5 of the Elections Code. 1 The indictment alleged that the persons so charged, together with 10 unin dieted coconspirators, conspired to commit the crimes of soliciting, asking and receiving political contributions from persons licensed to sell liquor by the Board of Equal...
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The trial court sitting without a jury, found defendant guilty of a felony violation of section 11500 of the Health and Safety Code. It also found that he was previously convicted of narcotic addiction (Health & Saf. Code, § 11721), a misdemeanor, and sentenced him to imprisonment in the state prison for a term prescribed by law. (See Health & Saf. Code, § 11712.) Defendant appeals. A poli...
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Petitioner, Henry R. Jahn and Son, Inc., seeks a writ of mandate to compel the Superior Court of San Mateo County to set aside its order for substituted service of process and to quash service of summons on petitioner in an action brought by plaintiff, the real party in interest in this proceeding. (See Code Civ. Proc., §416.3.) Dante J. Cac-ciari and Alexander Columbo, individually and as copartn...
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50 Cal.2d 127 (1958) THE PEOPLE, Respondent, v. ELMER TAHTINEN, Appellant. Crim. No. 6108. Supreme Court of California. In Bank. Mar. 27, 1958. Elmer Tahtinen, in pro. per., and Albert C. Garber, under appointment by the Supreme Court, for Appellant. Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, William E. James and William M. Bennett, Deputy Attorneys Gene...
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159 Cal.App.2d 109 (1958) Estate of WALTER L. LEE, Deceased. ALMA INVESTMENT COMPANY (a Corporation), Appellant, v. LEONARD T. LEE, as Administrator, etc., et al., Respondents. Civ. No. 5639. California Court of Appeals. Fourth Dist. Apr. 2, 1958. Norbert Baumgarten for Appellant. S. B. Gill for Respondents. MUSSELL, J. On December 12, 1956, the administrator of the estate of Walter L. Lee...
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On December 12, 1956, the administrator of the estate of Walter L. Lee, deceased, sold at private sale a parcel of real property belonging to the estate to Laurence DeTilla for the sum of $500. On January 23, 1957, the administrator filed a petition for confirmation of this sale and the petition came on regularly for hearing in the superior court on February 11, 1957. Laurence DeTilla was not pres...
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Plaintiff appeals from a minute order refusing to find defendant guilty of contempt of court and denying her application for support and maintenance pendente lite, counsel fees and costs. * Questions Presented 1. Is order denying contempt appealable? 2. Effect of defendant’s failure to file reply brief. *68 Record March 19, 1956, an interlocutory decree of divorce was granted plaint...
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Defendant was convicted of statutory rape. The complaining witness was an unmarried girl 16 years of age. Defendant appeals from the decision finding him guilty and from the judgment. On a Thursday in March 1957 six or seven young folks, including the complaining witness and defendant, had a party in a home in Sun Valley, Los Angeles County. All of the participants except the complaining witnes...
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This is an appeal from an order setting aside a default judgment. The complaint was for goods sold and delivered over a period of years. The complaint was filed on November 28, 1955, and respondent’s bank account was attached on December 27, 1955. By stipulation this attachment was dissolved on January 11, 1956, upon respondent’s filing a bond. Summons and complaint were not served on respondent u...
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The four plaintiffs filed a complaint against the several named defendants in their indi *787 vidual capacities and as members of “The Senate Fact Finding Committee on Un-American Activities” (a California Legislative Committee) except in the case of Hugh M. Burns who was sued individually and as chairman of said committee and Richard E. Combs who was sued individually and as chief...
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Defendant, a subdivider, conveyed three residential lots to the plaintiff by grant deeds which reserved an easement in the following language: “Reserving therefrom unto the Grantor herein the described property for reservation of future road purposes the southerly 30 feet . . .” of the described lots. Prior to the conveyances to plaintiff of said lots, numbered 12, 13 and 14, defendant owned Lo...
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The respondent is a real estate broker who was employed by appellant and one Goldenson to effect an exchange of properties. The appellant refused to complete the exchange after Hr. Goldenson had accepted her offer, whereupon the broker sued her for the commission he claimed became due upon the fulfillment of his obligations under the contract of exchange. Prom a judgment against her, the defendant...
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— The defendant appeals from a judgment entered against it on a jury verdict in favor of plaintiff, a minor, for personal injuries suffered by said minor and from an order denying defendant’s motion for judgment notwithstanding the verdict. Defendant is the owner of a one-story building which it rents to various organizations for meetings and social gatherings. Plaintiff’s parents were members ...
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Since it appears without contradiction that the judgment of conviction from which defendant appeals was entered pursuant to a plea of guilty made by defendant’s attorney and not by defendant as required by section 1018 of the Penal Code, it follows that the judgment was invalid and must be reversed. (In re Brain, 70 Cal.App. 334 [233 P. 390].) The judgment is reversed. Van Dyke, P. J., and Schottk...
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158 Cal.App.2d 630 (1958) Estate of EDNA J. NESBITT, Deceased. GOOD SHEPHERD FOUNDATION (a Corporation), Appellant, v. FIRST WESTERN BANK AND TRUST COMPANY, Respondent. Civ. No. 22654. California Court of Appeals. Second Dist., Div. Two. Mar. 24, 1958. Robert Einstein for Appellant. Mabel Clausen for Respondent. *631 FOX, P. J. This is an appeal by the contestant from the judgment approvin...
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This is an appeal by the contestant from the judgment approving the final accounting and order of distribution in the estate of Edna J. Nesbitt. It is appellant’s position that the executor erred in paying a portion of the inheritance tax out of the decedent’s general estate. It contends that such tax should have been paid by the beneficiary. The testatrix left a will and four codicils. In her wil...
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Defendants appeal from a judgment awarding plaintiff $11,270 balance due on a contract of sale. Question Presented Was the contract ambiguous, thereby permitting the admission of parol evidence to explain it? Evidence The controversy is over the question of whether or not one of two separate inventories of pledged goods was included in the contract price of $15,000. On August 9, 1954, plaintiff an...
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Charles Fred Brasher and Raymond Owen Edwards were found guilty by a jury of the crime of burglary in the second degree. Judgment was entered on the verdict and Edwards has appealed from the judgment. At appellant’s request this court appointed Patrick R. Murphy, a member of the Sacramento Bar, to represent appellant upon this appeal. Mr. Murphy has informed this court by letter that after a caref...
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Raymond Owen Edwards was found guilty by a jury of violating section 503 of the Vehicle Code.' The information charged him with feloniously driving and taking a trailer belonging to Town and Country Rentals without the consent of the owner. He has appealed from the judgment entered upon the verdict. Appellant does not question the sufficiency of the evidence to support the judgment, but urges a...
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The will of Mary Rohde was admitted to probate after her death in November, 1952 • within the six months’ period allowed for contest, the respondent instituted proceedings to set aside the will. The trial resulted in a jury verdict in favor of the contestant, based on two grounds: (1) That the testatrix was mentally incompetent, and (2) That the will was the product of undue influence. A ...
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Defendant Shrine Civic Auditorium appeals from the judgment in favor of the plaintiff, Beta Sigma Tau, a college fraternity and nonprofit corporation, for *282 $2,695 and costs, in plaintiff’s action for damages for breach of contract. Appellant urges that the judgment should be reversed for the following reasons: (1) that there is no evidence to sustain the finding that a contract was made; ...
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Plaintiff appeals from an adverse judgment in her action for annulment of her marriage to defendant, James Albert McElhatten. She alleged in her complaint that she participated in a ceremony of marriage with defendant on December 4, 1951 in Tijuana, Mexico, a year later in another ceremony of marriage in Glendale, California, and at the times of said purported marriages and each of them defendant ...
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Plaintiff appeals from an adverse judgment in an action brought (1) to quiet title; (2) to declare void for nondelivery the four deeds hereafter mentioned. Questions Presented 1. Was there evidence of delivery of the joint tenancy deed? 2. Are the findings sufficient? *259 Evidence * Plaintiff and his wife Mary Eleanor Moffett (the wife died subsequently to the signing of the deeds ...
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In 1951, appellant purchased the leasehold interest in certain premises known as the Alaska Hotel in the city of Sacramento. A new lease was executed between appellant and respondent which provided, in part: “The Lessee shall personally occupy said demised premises and shall keep the same in good repair, including all improvements which may hereafter be added, damage by the elements excepted, and ...
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This litigation grows out of a contractual relationship between plaintiff .and defendant concerning the distribution of Calvert distilled spirits. Plaintiff was awarded damages for two asserted breaches of the contract. As to these issues defendant has appealed. Plaintiff also sought damages for other alleged breaches of contract and for certain tortious conduct, including unfair competition, c...
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Appellants, hereinafter called Garibaldi, appeal from an order confirming an award of arbitrators and from the judgment entered thereon. Respondents, hereinafter called Wetsel, on June 27, 1940, entered into a written agreement with Garibaldi for the purchase by Wetsel of growing timber with the right to cut and remove the same from Garibaldi lands. The contract contained numerous provisions as...
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On May 26, 1952, Norman, Lawrence and Charles Nurrisso were a partnership doing business as the Broadway Plumbing Company. Appellant, Longino Rollo, and one Valentino Vanelli, were, on that date, employees of Broadway Plumbing Company, and both were acting in the course and scope of their employment during all of the events here involved. Vanelli was driving Broadway’s automobile and Rollo was ...
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Appeals in two cases, numbers 6079 and 6080. In number 6079 defendant was charged by information in Count I with grand theft 1 in that he took personal property of Maurice Bailey valued at more than $200, in Count II with attempted extortion 2 in that he attempted by wrongful use of force and fear to obtain $5,000 from Maurice Bailey by posing as a law enforcement officer and without legal ju...
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Appellants were awarded $97,700 as compensation for taking their property in this eminent domain proceeding. The interlocutory judgment was entered on January 11, 1957, and payment of the award was made 45 days later, without interest. Appellants claim they were and are entitled to interest at 7 per cent from the entry of the judgment to the date of payment, a sum of $843.30. A motion was made to ...
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An accusation was filed with respondent charging appellant, as the holder of a general on-sale liquor license, with violations of subdivisions (a) and (b) of section 25658, Business and Professions Code, in that it did sell an alcoholic beverage to a minor 19 years of age and permitted said minor to consume the same upon the licensed premises. A hearing officer found both charges to be true and al...
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Plaintiff sued defendant for injuries sustained by her while riding in a car her husband was driving. The jury returned a verdict in favor of defendant and this appeal is from the judgment upon such verdict. *797 Viewing the evidence, as we must, with all intendments in favor of respondent, it appears that respondent was proceeding northbound in the fast lane of a divided highway with four la...
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Both sides being displeased -with the judgment, each has filed a separate appeal. To avoid confusion, reference to the parties will be that of plaintiffs and defendants as they appeared in the trial court, rather than as appellants and respondents. In March 1953, plaintiffs borrowed $6,000 from defendants, which loan was secured by a deed of trust on a dry cleaning plant plaintiffs had bui...
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Appellant Helen G. Makovsky was granted an interlocutory decree of divorce from respondent Leon T. Makovsky on the grounds of extreme cruelty and *740 was awarded certain of the community property of the parties together with counsel fees and permanent alimony. This decree also awarded respondent a business known as “Plaza Jewelry and Loan Office” as his separate property. Thi...
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tern.* — Defendants - appellants appeal from the judgment rendered in favor of plaintiff-respondent, based upon a promissory note in the amount of $75,000, interest and attorney fees, on the grounds that the trial court committed prejudicial error in (1) granting plaintiff’s motion to strike the cross-complaint; (2) in granting plaintiff’s motion to strike portions of the first amended answer; an...
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In an action for declaratory relief plaintiffs obtained judgment against defendant Milk Producers Association of Central California for $1,196.32 and attorneys’ fees of $1,500, and that said defendant take nothing by reason of its cross-complaint. Defendant Peterson Ice Cream Company, Inc., was awarded judgment that plaintiffs take nothing against it. Defendant Milk Producers * appea...
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Defendants above named have appealed from a judgment quieting the title of plaintiffs to two unpatented placer gold mining claims known as Atlas Number 1 and Atlas Number 2. The record shows that the claims were originally located in 1920. In 1942, a John Finlayson and his wife acquired an interest in the claims and thereafter performed the necessary assessment work through the mining year en...
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These actions arose out of an automobile collision in the intersection of Seventeenth and K Streets in the city of Bakersfield. K Street runs north and south and Seventeenth Street runs east and west. At the time of the accident Betty Ruth Hoffman, formerly Betty Ruth Simpson, accompanied by her daughter, Diane Louise, aged 13, and by Leona Johnson, also aged 13, was driving a 1947 Plymouth coupé...
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Defendant appeals from an adverse judgment in an action to recover possession of a tractor which was one of three sold by the plaintiff to defendant. Defendant contends (1) that the equipment was in fact sold to the Magnolia *777Motor and Logging Company, Inc., and not to defendant, and (2) that the court applied the wrong measure of damages. The defendant Ritchie, who was doing business as the Ri...
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This action is brought upon two accepted bills of exchange upon which the defendant was both drawer and acceptor, directing plaintiff’s assignor, upon acceptance, to charge the sums so due to defendant’s account, in accordance with the advices of the defendant. The acceptances were executed in the city of San Jose, Costa Rica. No place of presentment or payment was specified in the documents in qu...
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159 Cal.App.2d Supp. 848 (1958) THE PEOPLE, Respondent, v. JULIUS H. SILBERSTEIN, Appellant. California Court of Appeals. Mar. 20, 1958. Louis Licht and Paul P. Selvin for Appellant. Roger Arnebergh, City Attorney (Los Angeles), Philip E. Grey, Assistant City Attorney, and William E. Doran, Deputy City Attorney, for Respondent. Before Bishop, P. J., Swain, J., and David, J. THE COURT. The d...
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sitting in place of MR. JUSTICE BOTTOMLY: The State Board of Equalization has appealed herein from a judgment annulling its assessment of income tax upon income of Roy N. Armstrong, deceased, for the period from January 3, 1951, to the date of his death, July 7, 1951. The assessment by the Board was computed pursuant to R. C. M. 1947, sec. 84-4905 (subsequently repealed), requiring that the final ...
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Plaintiffs commenced this action against defendant, Rock Island Oil & Refining Company, a corporation, to adjudicate water rights on the Blacktail Deer Creek (hereinafter called Deer Creek) in Beaverhead County and to prevent defendant from withdrawing water from certain swamps which comprise what is known as Jake Slough and which swamps are alleged to be feeders of Deer Creek. Defendant filed an ...
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(sitting in place of MR. JUSTICE BOTTOMLY). Plaintiff brought this, a claim and delivery action, in the district court of Missoula County, against the defendant. From the directed verdict the defendant has appealed. In such action, plaintiff sued in claim and delivery to recover possession of certain mining machinery. Possession of the machinery was thereupon taken by the sheriff and delivered to ...
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The application for the writ herein is denied and the proceeding ordered dismissed without prejudice....
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Original proceeding. The writ is denied and the proceeding is. ordered dismissed....
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Original habeas corpus proceeding brought by William Watts, an inmate of the Montana State Prison. It appearing that the application is without merit, the writ is denied and the proceeding is dismissed....
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On June 7, 1956, near the village of Bliss, Idaho, an elderly couple were killed in an automobile accident. The decedents were on their way home from a trip, and after coming up a grade they entered onto the main interstate highway, at which place their car collided with a truck. The Davenports died as a result of injuries suffered in the collision. Following their deaths, their estates were fi...
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323 P.2d 614 (1958) CITY OF CANON CITY, Plaintiff in Error, v. Clyde James MERRIS, Defendant in Error. No. 17964. Supreme Court of Colorado, En Banc. March 17, 1958. Rehearing Denied April 14, 1958. *615 J. Harrison Hawthorne, Canon City, for plaintiff in error. E. H. Stinemeyer, Canon City, for defendant in error. John M. Sayre, Boulder, for Colo. Municipal League, amicus curiae. FRANTZ, Justice...
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delivered the opinion of the Court. Mathias was unsuccessful in the trial of his claim against The Denver Union Terminal Company in which he sought to recover damages for injuries to his person and property resulting from alleged negligence. Dissatisfied with the findings and judgment of the trial court, he instituted proceedings in error in this court, seeking to have the adverse decision...
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delivered the opinion of the Court. This was an action to determine the dependency of a minor child brought in the county court of El Paso County by the juvenile probation officer of said county. The petitioner was Thomas E. Shaw and will be referred to by name. The respondent in the county court was the mother of the child, and she brings the case to this court by writ of error complaining of ...
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delivered the opinion of the Court. Defendants in error have moved to dismiss the writ of error sued out by plaintiff in error to review a decree of adoption entered by the County Court of Grand County, Colorado. As grounds for the motion to dismiss it is urged that the record on error here “preserves no evidence for consideration by this Court” and “that no ground for reversal is alleged or ur...
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delivered the opinion of the Court. Plaintiffs Davis sued for damages for alleged misrepresentation in the sale to them of certain realty. The suit was against the Grahams as sellers, and against Crabtree and Little as real estate brokers who negotiated the sale of the realty. Grahams cross-claimed against Little, as did Crabtree-. In turn Little filed her cross-claim against Crabtree. At the...
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The opinion of the court was delivered by This is an appeal from a judgment in a personal injury case. The appellee, Roy H. Carlburg, sued the appellant, the Wesley Hospital and Nurse Training School, for damages for personal injuries sustained by him while a patient in the hospital. Carlburg was a patient in the hospital for a series of operations. After the second operation an...
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The opinion of the court was delivered by This is an appeal from the order of the trial court sustaining the separate demurrers of the defendants to the plaintiff’s evidence. The plaintiff W. G. Webster filed suit against the Kansas Power and light Company and W. O. Homer to recover damages as the result of a gas explosion. In his petition the plaintiff alleged that he owned two fram...
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*632 The opinion of the court was delivered by This is an appeal from a judgment in a divorce action. The plaintiff husband, appellant here, filed suit for divorce. The wife, appellee here, filed an answer and cross petition. A decree of divorce was granted to the wife on her cross petition. The court reserved its ruling on the matters of alimony and division of property. ...
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This is an action to recover alleged preferences made during the four-month period immediately preceding the filing of an application for the appointment of a receiver. It is brought under the authority of Laws of 1941, chapter 103, § 3, p. 272 [cf. RCW 23.48.030] which provides: “Any preference made or suffered within four (4) months before the date of application for the appointment of a...
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52 Wn.2d 118 (1958) 323 P.2d 653 In the Matter of the Revocation of the License to Practice Dentistry of H.N. HARMON. In the Matter of the Revocation of the License to Practice Dentistry of C.C. DOBBS.[1] No. 34203. The Supreme Court of Washington, Department Two. March 28, 1958. J. Edmund Quigley, for appellants. The Attorney General, Ernest Furnia and Roy C. Fox, Assistants, for respondent. Hal...
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After a statutory administrative hearing (RCW 43.24.110) at which appellants were represented by counsel, the director of licenses of the state of Washington issued orders revoking the licenses of both appellants to practice dentistry in this state. At the time of the administrative hearing, appeal to the superior court was governed by Laws of 1935, chapter 112, § 9, p. 296 (Rem. Rev. Stat. (Sup.)...
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The Puget Sound Navigation Company, acting through its president, Captain Peabody, offered for sale the ferryboat “S. S. Malahat.” H. C. Hanson, a naval architect and marine surveyor, was approached by Captain Peabody as a possible purchaser or one who, because of his contacts, might be able to sell the ferryboat. Mr. Hanson, however, was not a broker. An agreement was reached whereby Hans...
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The defendant, Dahlgren Construction Company, was the prime contractor respecting the construction of a state highway bridge in Mount Vernon, Washington. Plaintiff, L. A. Hendricks, owned a Bucyrus-Erie 22-B three-quarter yard shovel, which Dahlgren Construction Company wished to rent for use on the construction project. During the negotiations for the rental of the shovel, it became apparent tha...
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This is an action to recover damages for personal injuries suffered by O. W. Sinclair, an eighty-year-old pedestrian who was struck by an automobile driven by defendant J. C. Kaynor, while crossing a street, not at a crosswalk, in a residential district. As a result of the accident, Mr. Sinclair was rendered incompetent, and, therefore, could not participate in the prosecution of this acti...
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The plaintiff, Les Hillman, brought this action against the Northern Wasco County People’s Utility District to recover damages for personal injuries. The defendant is a quasi-municipal corporation engaged in the distribution and sale of electrical energy in a district which includes The Dalles and adjacent territory. While plaintiff was engaged in removing two beams from the wall of a burned-ou...
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This is an appeal from a judgment in favor of plaintiff Jay M. Simpson against the City of Tucson, a municipal corporation, in the sum of $1712.70. The parties will be hereinafter designated as plaintiff and defendant in the order they appeared in the trial court. The facts are that on April 1, 1952, plaintiff was employed in the Assessment Office of the City of Tucson as a clerk, later classif...
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Appellees, plaintiffs below, filed their complaint against the appellant, the State of Arizona and others, claiming damages for the taking and damaging of certain of their property. Judgments were entered against the State of Arizona on the theory of inverse eminent domain, with the recovery over against the third-party defendant Pima County in favor of the state. Further facts necessary for the ...
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Plaintiff Josephine Singleton brought this action against defendant Lee Valíanos on a complaint that his negligence caused a collision between his automobile and her automobile as a result of which she sustained personal injuries. Plaintiff appeals from a judgment rendered on a jury verdict in favor of defendant. The trial court overruled plaintiff’s motion for a new trial. Although plaintiff lis...
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*102OPINION By the Court, Upon this appeal we are concerned with the conditions under which a husband’s contributory negligence will be imputed to his wife. The action was brought by respondents as plaintiffs below for injuries resulting from an automobile collision which occurred about 45 miles west' of Ely, Nevada, on November 15, 1955. The road was icy and was posted for chains. Respondents, e...
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*92OPINION By the Court, Petition for a writ of review to review the action of the State Board of Finance of the State of Nevada, which approved the action of the superintendent of banks denying the application of the petitioner herein for a license to conduct a banking business within the state. The board denied the application (1) because Henry Giróla, as the main organizer of applicant, by rea...
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7 Utah 2d 289 (1958) 323 P.2d 710 STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. EDWARD E. McHENRY, DEFENDANT AND APPELLANT. No. 8756. Supreme Court of Utah. April 7, 1958. William S. Richards, Salt Lake City, for appellant. E.R. Callister, Jr., Atty. Gen., Gary L. Theurer, Asst. Atty. Gen., for respondent. McDONOUGH, Chief Justice. Defendant was convicted of the crime of robbery and prosecutes this...
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This is a suit by A. Fred Fleming to extricate himself from difficulties arising out of a merger of his auto supply business with that of the defendants, Joseph H. and Marie Felt. Plaintiff based his action upon: (1) claims of fraud by the defendants in inducing him to enter into the transaction, and (2) alleged breaches of their contractual obligations thereafter. The trial court found for Flemi...
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*301 Appeal from a judgment entered on a verdict in favor of defendant, Mrs. Rod-berg, of no cause of action. A verdict was rendered against defendant Kesler, but he did not appeal. Affirmed, with costs to defendant-respondent herein. The plaintiffs were injured in a collision while defendant Kesler was driving Mrs. Rodberg’s car under circumstances hereinafter mentioned. Plaintiffs urge th...
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7 Utah 2d 304 (1958) 323 P.2d 720 APPLICATION FOR WRIT OF HABEAS CORPUS IN BEHALF OF MARILYN JACOB, A MINOR CHILD, APPELLANT, v. STATE OF UTAH BY AND THROUGH THE PUBLIC WELFARE COMMISSION ET AL., RESPONDENT. No. 8703. Supreme Court of Utah. March 28, 1958. Dean E. Flanders, Salt Lake City, for appellant. E.R. Callister, Jr., Atty. Gen., McBroom & Hanni, Salt Lake City, for respondents. HENRIO...
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Carl Eisenreich filed this action for divorce in the District Court of Cleveland County against Doris Irene Eisenreich upon the ground of “incompatibility.” They had married at Gordon, Nebraska, in 1943, and will be referred to as they appeared in the trial court. A divorce was granted the plaintiff and he was ordered to pay defendant’s attorneys $150 at $50 per month and to pay defendant for ali...
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323 P.2d 725 (1958) Joseph KUNAUNTUBBEE and Malinda Kunauntubbee, Plaintiffs in Error, v. M.S. GREER, Defendant in Error. No. 36970. Supreme Court of Oklahoma. March 25, 1958. T.H. Ottesen, Sulphur, for plaintiffs in error. Harold Springer, Ardmore, for defendant in error. *726 JOHNSON, Justice. Plaintiffs in error, Joseph Kunauntubbee et ux., appeal from a judgment of the District Court of Murra...
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This is an original proceeding brought in this court wherein The Town of Nichols Hills seeks a writ of mandamus against the Attorney General requiring him, as Ex-Officio Bond Commissioner of the State of Oklahoma, to approve a bond issue voted by the people of said town under the provisions of Sec. 27, Art. 10, Oklahoma Constitution, for the purpose of enlarging and improving its fire department....
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The parties to this appeal occupy here the reverse of their positions in the trial court, but we shall hereinafter refer to them by their trial court designation. The plaintiff initiated this action to establish the priority of his oil and gas lease over that of defendant. Both leases are to the same premises. The lease under which defendant claims is dated July 16, 1956, and was recorded Septemb...
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This action was commenced by Tom Childers, d/b/a C. & G. Construction Company, to recover the value of earth-moving machinery which he alleged belonged to him and which was taken by plaintiff in error, defendant below, without his consent. Continued reference to the parties will be by their trial court designation and as though no assignment of the judgment had been made. *740 The...
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The State of Oklahoma at this time has outstanding “Interstate Parole Compacts” with forty-seven other states of the Union. The State of Kansas since 1947, Missouri since 1945, and Oklahoma since 1945 have been signatory to the Compact. See 57 O.S.A.1957 cumulative pocket parts giving list. See Laws 1945, p. 186, title being, “An Act providing that the State of Oklahoma may enter into a compact...
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50 Cal.2d 182 (1958) 323 P.2d 753 THE COUNTY OF PLACER, Respondent, v. AETNA CASUALTY AND SURETY COMPANY et al., Appellants. Docket No. Sac. 6894. Supreme Court of California. In Bank. April 8, 1958. *183 Robinson & Robinson and D.R. Robinson for Appellants. Al. B. Broyer, District Attorney, for Respondent. CARTER, J. This is an appeal by defendants, Aetna Casualty and Surety Company, United ...
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I dissent, for the reasons stated by Mr. Presiding Justice Van Dyke in the opinion prepared by him for the District Court of Appeal in Woods Irr. Co. v. Department of Employment, (Cal.App.) 316 P.2d 1003. Gibson, C. J., and Traynor, J., concurred....
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This is an appeal from an order instructing the testamentary trustees to distribute the corpus of a trust to appellants Frank Clancy, Louise Clancy and Marion Atherton (hereinafter referred to as appellants), who are the surviving children of the trustor, Merrill Coburn Clancy, and to Donald Clancy, as the “lawful issue” of Leslie M. Clancy, a child of Merrill Coburn Clancy, who survived him but ...
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The present action is against the City of Long Beach for declaratory relief under a purported oil production agreement. Plaintiff Dynamic Industries appeals from a judgment based upon an order sustaining, without leave to amend, a general demurrer to its amended complaint, hereinafter referred to as the complaint. The facts alleged therein *296 are as follows: By a statute enacted ...
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Defendant Pasadena City Lines, Inc., appeals from a $2,721.50 judgment in favor of plaintiff in her action for damages arising out of a bus accident. It is alleged in the complaint that she was a passenger waiting to board the defendant’s bus; that the driver negligently failed to operate the motor bus in a careful and prudent manner with due regard to her safety and welfare as she boarded the ve...
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Defendant appeals from an order granting a new trial upon the ground of insufficiency of the evidence. The order applies to two actions growing out of an automobile collision. *234 Plaintiff Yvonne Hughey was eight months pregnant at the time of the accident. She and her husband brought one action to recover for personal injuries to her, the husband’s loss of her services and dama...
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The complaint in this action contained one count accusing defendant Bertrand of libel and in the second count, slander, for which plaintiff sought damages. It was alleged that on or about April 5,1955, at South Gate, California, defendant distributed to union members of Local 216 of United Auto Workers of the Congress of Industrial Organizations a circular concerning the plaintiff reading: “All...
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The respondent is a corporation whose main business is coffee manufacturing and the selling and distribution of high grade coffee to restaurants, hotels and institutions. Its principal office is in San Francisco, and ■it has branches in Oakland, Santa Rosa, Sacramento, San Jose, Chico and Reno, Nevada. Its general marketing area includes Washington, Oregon, Nevada and California, with the major...
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Appellant is a corporation engaged in the construction of new homes and the sale of such homes to members of the public. In 1947 appellant sold a new home so built by it in the city of Mill Valley to respondent Rossie M. Doran and her husband, who died in 1949. In April of 1953 by reason of the fact that a portion of the bedroom floor collapsed under the weight of a bed Mrs. Doran first discovere...
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We are presented here with separate appeals by the plaintiff and cross-defendants upon the one hand, and by the defendant and cross-complainant on the other, from portions of a decree entered in an action wherein plaintiff sought partition of a parcel of real property. On September 7, 1943, defendant Max Miranda and cross-defendant Mary Louise Miranda, now Mary Louise Brown, who will hereinafte...
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Appellant Heffernan is the assignee of a money judgment. He appeals from an order compelling its satisfaction. The order thus brought under review was granted upon motion made by defendant Myers pursuant to section 675 of the Code of Civil Procedure. The judgment which appellant acquired by assignment was entered upon a jury verdict in favor of plaintiffs Ramey and against the eodefendants...
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Plaintiff appeals from a judgment wherein a divorce was granted to both parties on grounds of extreme cruelty; respondent was ordered to pay to appellant wife as alimony the sum of $175 per month for a period of one year *227 only; and custody of the 18-year-old son of the parties was awarded to appellant. No provision was made for the support and maintenance of the minor son, the trial judge h...
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Plaintiff has appealed from a judgment on the pleadings in favor of defendant. Plaintiff and defendant were married in 1921. They separated in 1935 and have lived separate and apart since that time. In 1948 the husband filed suit for divorce on the ground of extreme cruelty. The wife answered and filed a cross-complaint seeking divorce. In 1949 an interlocutory decree was entered granting the h...
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Contestant Hugo C. Bruni, brother of the decedent, Emanuel M. Browne, appeals from the order of the trial court granting the motion of proponent Mary M. Risdon to vacate and set aside the order denying probate of will and for a new trial. The motion for new trial was upon the grounds of: (1) insufficiency of evidence to justify the decision and judgment; (2) that said judgment is against law. The...
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Defendant husband appeals from a judgment against him for breach of an agreement between himself and his former wife, now deceased, for the support of said wife and their children, for the settlement of their property rights and for the mutual release of all their claims against each other. Their agreement originally consisted of two documents dated and signed by them on June 1, 1934, and entit...
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Plaintiff Richfield Oil Corporation, hereinafter called “Richfield,” appeals from an adverse judgment in its action for declaratory relief and for specific performance. Defendant Security-First National Bank of Los Angeles is the executor of the estate of William L. Haskell, deceased, and will be hereinafter referred to as the 11 Executor. ’ ’ Defendant Elsam Company, a corporation, hereafter r...
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This is an appeal from a judgment for defendant in an action for damages for personal injuries sustained by Raymond P. Brenner while riding to work on the foggy morning on February 10, 1955, as a passenger in an automobile *305 owned and operated by Robert Dealy, which automobile collided on Bloomfield Road, near Artesia in the county of Los Angeles, at approximately 6:50 a. m., on said date, w...
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This is an appeal from a judgment in an action for damages for fraud and deceit by Town and Country Shops, Inc., in favor of William P. Lawson and Mary Alice Lawson against all three of the original defendants: Jere Strizek, president of appellant corporation, Lew Levy, rental agent for appellant, and appellant. There was a cross-complaint for rent due on a lease and for money due on promi...
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The defendant was charged with the crime of child stealing in violation of section 278 of the Penal Code. A jury found him guilty as charged. He was sentenced to state prison and he has appealed from the judgment. The appellant lived next door to a Mrs. Weslasky at Santee from January, 1956, until he left his wife and children and *354went away in the latter part of April, 1956. When Mrs. Weslasky...
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The petitioners are two labor unions and through their officers are seeking a writ of prohibition to restrain the respondent court from hearing an order to show cause why a preliminary injunction should not issue enjoining petitioners from causing or inducing the cannery-worker employees of the real party in interest to refuse to unload and process certain deliveries of fish, from boycotting or...
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Plaintiff stood on the south curb of Geary Street in San Francisco, awaiting an eastbound streetcar. She was opposite the western end of the safety zone marked for streetcar passengers, and an appreciable distance west of the Parker Avenue crosswalk. Defendant had parked her car parallel to the curb on the same side of Geary Street and sat in the car awaiting a friend. Upon the friend’s arrival, ...
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Plaintiff and appellant, hereafter referred to as “buyer,” appeals from an adverse judgment in an action for specific performance of a contract of sale of real property. The defendants and respondents are the administrators of the estate of Nellie L. Kirk who died after the case was submitted, but before judgment. Mrs. Kirk was the seller of the property and will hereafter be referred to as the “...
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In the year 1907 one T. H. Carlon entered into a contract of sale with one E. A. Wiltsee whereby Carlon agreed to sell Wiltsee 320 acres of land known as Stone Meadows and 480 acres of land known as Ackerson Meadows. In 1908 Carlon conveyed the land to Wiltsee. The deed provided that it was made and executed subject to the terms and conditions of an agreement executed by T. H. Carlon, dated Dec...
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323 P.2d 879 (1958) C. H. BANCROFT, Plaintiff-Appellant, v. James R. SMITH, Otherwise known as J. R. Smith, and C. D. Stratton, Defendants-Respondents. No. 8529. Supreme Court of Idaho. March 26, 1958. Rehearing Denied April 22, 1958. *880 Charles F. Reddoch and Charles S. Stout, Boise, for appellant. Givens, O'Leary, Doane & Givens, Boise, for respondents. TAYLOR, Justice. On March 1, 1953, ...
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This appeal presents the sole question as to whether an adopted son is “issue” and as such entitled to a legacy passing by the will of testatrix to her son and his “issue.” The trial court answered in the negative. This appeal by the adopted son followed. The facts are these: Maude W. Miller left a will dated November 7, 1945, which after making specific bequests to desig*356nated persons, gave th...
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The original opinion issued herein on December 26, 1957, was withdrawn and the following is substituted in lieu thereof: Appellee as an independent contractor held subcontracts executed in 1951 for the construction of buildings and facilities for the Atomic Energy Commission at its Los Alamos, New Mexico, Scientific Research Laboratories. Appellant, as Director of the State Bureau of Revenue, soug...
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delivered the opinion of the Court. The parties appeared in the trial court in reverse order. We will refer to them as they appeared there or by name. Mrs. Rodgers filed her complaint March 10, 1955, seeking a divorce, custody of two minor children, alimony, support for the children, division of property, attorney fees, court costs, and such other relief as to the court might seem meet and pr...
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delivered the opinion of the Court. Bishop brought suit against Moore and others to establish and foreclose a mechanic’s lien upon property in Aspen, Colorado, belonging to Moore. The judgment rendered in the case denied Bishop’s right to a lien, and the administratrix of his estate [he apparently having died subsequent to the entry of judgment] brings the case here on writ of error. Bishop c...
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delivered the opinion of the Court. The parties appeared in reverse order in the trial court. We shall refer to defendant in error as plaintiff and to plaintiff in error as the district. In June 1949, plaintiff was'employed by the district as a classroom teacher and high school principal, .and held that, position continuously until the end of the school year 1954-1955, and during that last ye...
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Bertha P. Wright, as seller, entered into an executory contract of sale of real estate with T. Edward Duprey and Nina E. Duprey, his wife. Subsequently, Nina E. Duprey died. In the probate proceedings, the vendees’ interest in the contract was distributed in equal portions to her three minor children, David W. Jones (H. Joel Watkins, guardian), and Darrelyn A..Duprey and Deanna M. Duprey (T. Edwar...
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Plaintiff brought this action under the Jones act, 46 U. S. C. A. 277, § 688, to recover for injuries suffered in the course of his employment as a seaman on the defendant’s fishing scow. The court dismissed the cause at the close of plaintiff’s case upon the defendant’s challenge to the sufficiency of plaintiff’s evidence. The plaintiff appeals. At the end of the fishing season, the respondent ha...
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The opinion of the court was delivered by This action was commenced by the city to require the defendants to move a building they had constructed at the rear of their property. The city contended the action was a suit in equity while defendants claimed it was an action at law. The trial court held it to be an equitable action for mandatory injunction and thereunder required defendants to ...
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The opinion of the court was delivered by The defendant was charged and tried for the offense of burglary in the nighttime (G. S. 1955 Supp. 21-520) and for the offense of larceny in committing the burglary (G. S. 1949, 21-524). He was convicted of burglary and found not guilty of larceny. Following the overruling of his motion for a new trial he perfected this appeal. The defendant ...
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The opinion of the court was delivered by This is an appeal by defendant from a conviction for the crime of burglary in the first degree. Defendant was arrested under a warrant issued upon a complaint charging him in the first count with unlawfully, willfully, feloniously and with intent to commit rape, breaking and entering in. the nighttime, another’s dwelling house in which there was a hum...
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The opinion of the court was delivered by This was an action for damages arising out of an automobile accident. From a judgment for the defendant, plaintiff appeals. The petition alleged that plaintiff (appellant), Larry LeRoy Hicks, on February 16, 1955, at about 8:00 a. m., was driving his automobile south on U. S. highway No. 281 at a point approximately twelve miles north of St. John, and that...
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*110OPINION By the Court, This is an appeal from judgment granting rescission of a contract for sale of real property and cancelling the instruments of conveyance. The action was brought by the purchasers upon the ground of fraudulent misrepresentations of fact. The court below sat without jury. In granting judgment it found fraud to exist. Upon this appeal the grantors as appellants contend that ...
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*278OPINION delivered the opinion of this court. *279Plaintiffs sought specific performance following their election to exercise a purchase option contained in a written lease of real estate dated February 11, 1950. The court denied plaintiffs relief and quieted defendant’s title to the property. Plaintiffs appeal. It appears defendant owned lands which she leased to plaintiffs for a five-year pe...
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The plaintiff, the State of Oregon, by and through its Highway Commission, brought this action to condemn for highway purposes a strip of land (a part of a larger tract) owned by the defendants, Thomas Vella and JaUe Doe Vella, husband and wife, and located in Central Point, Jackson County, Oregon. There were other parties defendant but they are no longer in the case. The land taken measures 68...
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This is an appeal by the plaintiff from a judgment for the defendant in an action for damages for personal injuries. We are of the opinion that the record fails to disclose reversible error, and the judgment is, therefore, affirmed....
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ON REHEARING *419Arthur B. Baines, Portland, and Jack, Goodwin and Santos, Oregon City, for the petition. Before Perry, Chief Justice, and Lusk, Warner and Sloan, Justices. On Petition eor Rehearing The only question on the appeal in this case is whether the court erred in withdrawing from the jury’s *420consideration plaintiff’s claim that, as a result of injuries sustained by her in an automobi...
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This is an action brought by the plaintiff to recover a money judgment from the defendant. The plaintiff alleges he is the owner of certain trucks and trailers which were used to transport lumber owned by the defendant, a wholesaler of lumber; that the parties entered into written lease agreements whereby the defendant leased from the plaintiff his equipment for the transportation of its lumber...
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This action was commenced to recover the sum of $2,240 paid by Marcos E. Pacheco to John E. Levandoski for a one-half interest in the license, equipment and inventory in a certain tavern. From a judgment in favor of appellee the appeal followed. . In March 1953 appellant owned a one-half interest in John and Paul’s Tavern located near Phoenix, Arizona. On March 23, aft *56 er ...
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In 1952 the O. S. Stapley Company, a corporation, sued Merchandising Corporation of America, a corporation, Maurice Schatt and others upon a claimed indebtedness. It is alleged that defendant Schatt in writing guaranteed payment of the debt. Schatt who will hereinafter be designated by name or as the defendant, appeared and answered by his attorney L. L. Zussman. From the record it appears without...
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84 Ariz. 61 (1958) 323 P.2d 955 Delcie L. HALE, Appellant, v. Gordon N. BROWN and Curtis Page, dba Brown & Page Mortuary, and American Zinc, Lead & Smelting Co., a corporation, Appellees. No. 6212. Supreme Court of Arizona. April 9, 1958. *62 Herbert B. Finn, Phoenix, for appellant. Snell & Wilmer, Phoenix, for appellee mortuary. McCarty & Chandler, Tucson, for corporate appellee....
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On September 21, 1956 Ruth Driskell, petitioner herein, filed a claim for compensation against Independent School District Number One of Tulsa County, Oklahoma, respondent herein, in which she states that on the 3rd day of July 1956, while in the employ of respondent and while working in a printing shop operated by said School District she sustained an accidental injury consisting of heat exhaust...
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This is an appeal from the District Court of Stephens County where the plaintiff, A. L. Rayburn, recovered a judgment against the defendant, Champlin Refining Company, for damages as a result of the overflow and escape from the defendant’s disposal pits of deleterious waste products. The parties will be referred to herein by their trial court designation. The record discloses that plaintiff was...
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Lester L. Lemmons, hereinafter called: claimant, filed ‘his first notice of injury and claim for compensation stating that while employed by Utility Equipment Company he sustained an accidental injury arising out of and in the course of his employment on February 9, 1957. The trial commissioner denied an award which order was affirmed by the Commission en" banc and claimant brings this proceeding ...
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Margaret D. Bynum filed this action in the District Court of Jackson County against the three County Commissioners of that County, W. A. Chapman, Roger J. Brown and J. N. Netherton and Western Surety Company and The Hartford Accident & Indemity Company, corporations, to recover damages for the wrongful death of her son. The corporations named were the sureties upon the bonds of the County Commissi...
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The State of Oklahoma on relation of the Attorney General of the State asks this court to assume original jurisdiction in this matter and to issue a writ of prohibition to the Superior Court of Seminole County, Oklahoma, and the Honorable Bob Aubrey, Judge of said court, commanding said judge thereof not to assert or exercise any further jurisdiction in case number 8653 filed in said court, entit...
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This is an action by Mary M. Grattan ■ against Beverly E. Tillman, Ida S. Gassa-way and Josephine H. Theimer, seeking, a judgment declaring an alimony judgment held by her against her former husband, Thomas E. Grattan, to be a first and prior, lien against the following land in Oklahoma County, Oklahoma, to-wit: “Lots 9 and 10, Block 2, Fitzhugh Place, being a subdivision of Lots 7 and 8, ...
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This action, No. 20,052, District Court, Pontotoc County, was initiated by petition *987 filed April 12, 1951, by L. D. Keel, as guardian of Lizzie Keel, a full-blood Chickasaw, his mother, wherein it was alleged that a certain judgment rendered in No. 19,115, District Court, Pontotoc County, on May 6, 1948, recorded May 7, 1948, quieting title to certain property in defendant in e...
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This is an action by R. G. Schumacher, Administrator of the Estate of Oyssie Mildred Schumacher, deceased, to recover damages flowing from injuries and the subsequent death of decedent who was struck by an automobile driven by one of the defendants. Two causes of action were alleged. The first cause of action was brought under the wrongful death statute for damages sustained by the survivi...
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Herein the county attorney of Okmulgee County, Harry D. Pitchford, petitions this court to take original jurisdiction and issue a writ of prohibition ordering and directing the district court of the twenty-fourth judicial district, and the Hon. Jess I. Miracle, Judge thereof, to vacate and set aside an order made and entered on March 11, 1958 in case No. 4650, wherein the State of Oklahoma is pla...
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This is an appeal by the plaintiffs from a judgment for the defendant in a suit for a mandatory injunction and to quiet title to real property. The appeal is on the judgment roll. In December 1952 the defendant purchased a parcel of real property from Henry and Irma Fairrington. The escrow agreement provided in part: “The Sellers also give to the Buyers permission to erect a sign on Garden...
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This is a proceeding to review a recommendation of the Board of Governors of The State Bar that petitioner Alvin E. Honoroff be suspended from the practice of law for a period of nine months. Petitioner was charged with the violation of his oath and duties as an attorney at law in that he engaged one Zachary Goodman to solicit professional employment for him, contrary to rules 2 and 3 of the Ru...
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Plaintiffs, husband and wife, appeal from a judgment for defendants entered upon a jury’s verdict. The action was for personal injuries and property damage to plaintiffs’ automobile. The automobile driven by plaintiff *302 husband was struck broadside by an automobile driven by defendant in the intersection of Jefferson Avenue and Alston Way in Berkeley. The court instruc...
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159 Cal.App.2d 600 (1958) Estate of GREGORIO DEL VAL, Deceased. JUANA DEL VAL VDA de DAYRIT et al., Appellants, v. B. V. DISON et al., Respondents. Civ. No. 22695. California Court of Appeals. Second Dist., Div. One. Apr. 22, 1958. Mitchel & Strange and James R. Biram for Appellants. C. M. Castruccio, Harold W. Kennedy, County Counsel (Los Angeles), and James W. Goodman, Deputy County Co...
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On February 28, 1956, Gregorio Del Val died leaving a holographic will dated April 14, 1955, which was admitted to probate on April 11, 1956. E. A. Winstanley, public administrator, was appointed administrator with will annexed of the estate. Basilio and Victoria Dison, husband and wife, respondents herein, are the sole legatees under the instrument. Juana del Val Vda de Dayrit, sister, Sixto Tanj...
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Respondent filed this action for declaratory relief seeking an adjudication of his rights as holder of a promissory note, the execution of which was followed by a general assignment for the benefit of creditors. This assignment was made by the promisor of the note and consented to by respondent as holder of said note. Appellant, who is the assignee under the general assignment, demurred to the com...
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Respondent Doris Wilson instituted this action on June 12, 1953, when she filed her complaint seeking a divorce from appellant James Gordon Wilson on the ground of extreme cruelty. Following trial of the action, the superior court, in 1955, granted an interlocutory decree of divorce to respondent Doris Wilson from her husband appellant James Gordon Wilson, upon the ground of grievous mental cru...
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Defendant was convicted of armed robbery. He was charged with and admitted three prior convictions, which resulted in his imprisonment. Defendant’s motion for a new trial was denied and he was sentenced to the state penitentiary, the prior and present sentences to run consecutively. Defendant has appealed from the order denying his motion for a new trial and from the judgment. Defendant escaped...
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This is an action to establish existence of a constructive trust in an oil royalty interest, to quiet title, and for an accounting. The trial court rendered judgment that *473 plaintiff take nothing by his complaint and he appeals therefrom, claiming that the evidence is not sufficient to support the findings and judgment. In 1922, the United States issued an oil and gas prospecting permit, c...
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Defendant and appellant Alexander Piascik was charged with defendant William H. Weese with violating section 476 of the Penal Code (fictitious cheeks). Count one involved a check for $108.91, dated January 20, 1956, and cashed in San Bernardino County. It was purportedly signed by one George C. Coates, a fictitiously named person, and was given to one Tolies, of the “Food Bank Market.” It was dra...
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Motion to dismiss appeal from judgment. Plaintiffs sued defendant Goldberg and five other defendants in a four-count complaint upon causes of action growing out of alleged wrongful eviction of plaintiffs from certain premises which they held as lessees. By the time the jury’s verdict was rendered the cause had been narrowed, by orders not challenged herein, to the first two counts of the compla...
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159 Cal. App. 2d 566 (1958) BEN W. SIMMONS et al., Appellants, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), Respondent. Civ. No. 5640. California Court of Appeals. Fourth Dist. Apr. 18, 1958. Vizzard, Baker & Sullivan and Jere N. Sullivan for Appellants. Samuel B. Stewart, George Chadwick, Jr., and Eldon C. Parr for Respondent. GRIFFIN, J. ...
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Plaintiff appeals from the judgment entered upon the verdict against her and for the defendants, General Electric Credit Corporation, a New York corporation, and its agent Marvin Hughes, in her action for compensatory and punitive damages caused by an alleged trespass. Plaintiff and her husband purchased a Packard Bell television set through the defendant General Electric Credit Corporatio...
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The defendant was charged with a violation of section 11170.5 of the Health and Safety Code in that on March 21, 1957, he gave a false name and a false address in connection with the prescribing of a narcotic. A jury found him guilty as charged, his motion for a new trial was denied, and he was sentenced to prison. He has appealed from the judgment and from an order denying his motion for a new t...
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This proceeding was instituted by the state under section 11610 et seq. of the Health and Safety Code to forfeit the interest of Clara M. Estrada and Melvin J. Estrada, the registered owners, and American Trust Company, the legal owner, of the defendant automobile, on the ground that said vehicle was unlawfully used to keep, deposit, *366conceal, convey, carry and transport narcotics (marijuana) c...
Views: 0
Appellant was accused in an information of the crime of possession of a narcotic, a felony, in that on or about February 27, 1957, in the County of San Bernardino he did wilfully, unlawfully and feloniously possess the narcotic cannabis sativa, also known as marijuana, in violation of section 11500 of the Health and Safety Code. The information also charged appellant with having suffered a prio...
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Appellant was tried before' the court, a jury trial having been waived, and was found guilty of the illegal possession of heroin. The parties stipulated to submit the case on the transcript of the testimony given at the preliminary hearing and the further cross-examination before the superior court by appellant’s counsel of Daniel Casey, the arresting officer. The only error urged by appellant in ...
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Appellants have appealed from a judgment of dismissal of their complaint which *4 resulted when the trial court sustained respondents’ general demurrers to appellants’ complaint, without leave to amend. Relevant alleged facts are hereinafter related. Respondent Independent School District of Boise City, herein sometimes called the School District, owns the Whittier School Buil...
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August 25, 1955, Edward William Laird during his work suffered a coronary attack and consequent total heart failure causing his death on that date. Appellant, his widow, claims workmen’s compensation death benefits contending that her husband’s heart injury, resulting in his death, was caused by accident arising out of and in the course of his employment by respondent employer. Respondents denied ...
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This is an appeal by Paul M. McClendon, Albuquerque National Bank, guardian of Paul Edward McClendon and Joel McKee McClendon, from a judgment and decree entered in the consolidated cases of Royal Indemnity Company v. McClendon, et al., and Consolidated Life Insurance Company, et al., v. McClendon, et al The Royal Indemnity Company case was a suit for a money judgment against Mc-Clendon, and to se...
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Appellants brought this action to rescind an offer made to appellees’ agent to purchase real estate and to recover the amount advanced to bind the deal. The offer, after it had been accepted, reads: “Las Cruces, New Mexico “July 9, 1956 “From: A. R. Ashley “To: Yancy Clark & Company “Subject: Offer to purchase property of Ralph F. Fern, 230 West Fleming, Las Cruces, New Mexico “I hereby submit off...
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This case arises from a head-on collision of two automobiles occurring on Highway 66 in Quay County, New Mexico. The appellant, Richard Melvin Tracy, was tried upon the charge of negligent, homicide as provided in § 64-22-1, N.M.S.A. 1953. This statute was repealed by Chapter 239 of the 1957 Session Laws of New Mexico, but of course this prosecution was not abated because of such repeal. Art. 4, ...
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The appellee’s right to lease a liquor license under the public policy of the state of New Mexico is challenged in this case, as well as the right of the District Court of Santa Fe county to determine the issues under our venue statutes over the protest of the appellant. The appellee, Valley -Country Club, the owner of a liquor license was enjoined from conducting gaming devices on the premises an...
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Appellant, plaintiff below, was born on the 16th day of March, 1905, in the town of Atrisco, now part of Albuquerque, New Mexico, of Bonafacia Gutierrez out of wedlock. Shortly after his birth he was given by his natural mother, Bonafacia, to her Aunt Maria de Gutierrez and her husband, Miguel Gutierrez. Although no legal proceedings were taken, appellant was held out. to the public to be the son ...
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The plaintiff below as an appellant in this Court seeks reversal of a judgment of the district court of Roosevelt County denying him workmen’s compensation for an injury said to have been suffered while engaged at work as an employee of defendant in carrying on blasting operations. Sanders, the alleged employer, was insured by Mountain States Mutual Casualty Company. O. L. Quarles was in charge of...
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These are proceedings in mandamus to compel the payment of retirement benefits. The cases, involving substantially the same questions of law and fact, have been consolidated on appeal. Relators were retired and placed on emeritus status by the New Mexico Educational Retirement Board pursuant to- the provisions of § 73-12-16, N.M.S.A.19S3, the pertinent portion of which reads: “The board of educati...
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323 P.2d 1109 (1958) C. D. CUBBAGE and Ethel Cubbage, Plaintiffs in Error, v. Claude V. LEEP, Defendant in Error. No. 18090. Supreme Court of Colorado, En Banc. April 14, 1958. John Stump Witcher, Canon City, for plaintiffs in error. H. R. Harward, Canon City, for defendant in error. KNAUSS, Justice. We shall refer to the parties by name. This was an action by Claude V. Leep, hereinafter referred...
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On October 23, 1957, the probation officer of Lewis and Clark County, filed a petition against Jay Banschbach and others charging them with being delinquent children under the provisions of section 10-601 to 10-631, and in a second cause of action charged them with being dependent and neglected children under the provisions of sections 10-501 to 10-523, R. C. M. 1947. Jay Banschbach was thereafter...
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Relator, respondent here, made application for a writ of mandate in the district court of Lewis and Clark County against the State Fish and Game Commission and its members. In the affidavit and application for the writ it is alleged that relator was employed by the State Fish and Game Commission as a fishery biologist in October 1950 and continued in such employment. On November 18, 1957, the Comm...
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