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All Reporters → p2d → Volume 328

Opinions in p2d Volume 328

This is an appeal by Don R. Lehman from an order denying his petition for an allowance of attorney’s fees in addition to an allowance of executor’s fees. He had acted in the dual capacity as executor and attorney for himself as executor in proceedings for the probate of the estate of Carrie Haseltine Thompson, deceased. Mr. Lehman, hereinafter designated the petitioner, is a duly licensed ...
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Plaintiff appeals from (1) an order denying her motion to amend an interlocutory judgment of divorce nunc pro tunc; and (2) a subsequent order denying her application for an award of attorney fees and costs in connection with her appeal from the order first mentioned. *316 When this divorce action was called for trial, both parties being present with their counsel, plai...
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Appellant was charged with the murder of her husband. The jury found her guilty of voluntary manslaughter. On the night of the killing appellant and her husband were visiting friends. The husband was drinking heavily and refused to go home. Appellant twice attempted to telephone for a taxi and her husband cursed and quarreled with her. Finally about 3 a. m. they did leave for home in a taxi. Appel...
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In an information filed by the District Attorney of Los Angeles County, defendant was accused in Count I of a violation of section 11714 of the Health and Safety Code in that he did on or about April 24,1957, furnish to Gerald Lyle De Bere, a minor of the age of 16 years, a narcotic, to wit, marijuana. Count II charged defendant with a violation of the foregoing code section, in that on April 24,...
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Plaintiff, a packer and shipper of citrus fruit, including lemons in fresh and processed form, instituted this action against the Director of Agriculture of the State of California and other defendants, seeking an injunction enjoining the defendants from enforcing the Marketing Order for Lemon Products which became effective September 28,1955, and for a declaratory judgment declaring said marketi...
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This is a patently unmeritorious appeal from an order denying petition for the writ of error comm nobis. Petitioner was sentenced to state prison on May 10, 1956. In November of the same year he filed a petition for writ of error coram nobis, which was denied. The instant petition, which was filed on May 10,1957, is the second application for the same writ. *176 The gist of the allegation...
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Appellant was charged with conspiring with one Fred Dalton to violate sections 11500 and 11502 Health and Safety Code and with a substantive violation of section 11502 (agreeing to sell a narcotic and delivering another substance in lieu thereof). He was found guilty by a jury on both counts. An agent for the State Narcotics Bureau testified that he *131met Dalton in front of a pool hall in San Fr...
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Mandate to review the action of the respondent court in denying petitioner’s motion to quash service of summons. Eastman Oil Well Survey Company, hereinafter referred to as plaintiff, instituted an action against the petitioner in the Superior Court of Los Angeles County on September 17, 1957, wherein it seeks damages and an injunction to restrain petitioner, a former employee, from divulg...
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This is an appeal by defendant Peskin, owner of a commercial type building, from a judgment of $16,605 awarded plaintiff as a commission for providing a corporate client which was ready, able and willing to lease the building for 10 years at a rental of $4,585 per month. It is not questioned that plaintiff was employed by defendant as broker under an oral agreement or that if a commission was ear...
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On January 26, 1956, complaints were filed in the Municipal Court of the San Diego Judicial District, County of San Diego, charging the appellants with the commission of seven misdemeanors in violation of various sections of the City of San Diego Municipal Code. The sections involved deal with the regulation and licensing of auto wrecking establishments in the city of San Diego and are substantia...
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162 Cal.App.2d 7 (1958) 328 P.2d 35 Estate of ANNE McNALLY LIDDLE, Deceased. JAMES W. HARVEY, as Administrator, etc., et al., Appellants, v. JOHN F.P. BYRNE et al., Respondents. Docket No. 22334. Court of Appeals of California, Second District, Division Two. July 7, 1958. *9 Frank S. McGorty, Dorothy E. Handy, George H. Sullivan and Julien R. Bauer for Appellants. Gerald J. O'Gara and O'Gara &...
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This is a controversy over the title to 150 shares of stock in California-Portland Cement Company which were left in a testamentary trust for the benefit of Miss Florence McNally during her lifetime and upon her death to go to Edward I. Coffey or, in the event of his death, to his “heirs-at-law. ’ ’ Mr. Coffey predeceased Miss McNally, leaving as his only heir his wife, Kathleen Ann Coffey; she di...
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This is an action to recover damages for personal injuries. Defendant appeals from a judgment based upon the verdict of the jury awarding plaintiff the sum of $58,000. *339The facts: Defendant is owner of an oil well in the city of Signal Hill. The day of the accident in question a pumping or sucker rod in the well casing had broken. Upon discovering the break, defendant’s vice president and produ...
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As a result of a claim and delivery action filed by plaintiff-respondent against defendant-appellant Herbert Hughes, individually and as sheriff of Imperial County, the trial court ordered the return to plaintiff of four so-called coin-operated pinball machines (Exhibits G, H, K and L) and their contents, gave judgment for damages for retention for $576, and ordered defendant to pay his costs o...
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Defendant-appellant filed in the superior court, where he previously was represented by counsel and pleaded guilty to the crime of forgery, a “Motion (in the nature of writ of error coram nobis) to Vacate Judgment of Conviction and Sentence of Imprisonment.” Apparently, at the trial of the main action, upon defendant’s request his attorney was dismissed by him and defendant was permitted to repres...
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This is an eminent domain proceeding brought by the State and its Board of Highway Directors, to condemn in fee simple absolute, 12.76 acres of defendant’s farm, for highway purposes. The complaint also prays that defendant’s access to said road from the land which the proposed highway crosses, be prohibited and restrained. There is now in existence U. S. Highway No. 95, running to and fro...
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In August, 1951, respondent entered into a written contract with appellant, Garfield Eva, to build and construct a dairy barn on premises owned by appellants. The agreed contract price for the construction of such dairy barn was the sum of $11,142.75. Respondent completed his construction of the building in November 1951. In the meantime, he had been paid by appellants the sum of $5,990 on the ...
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328 P.2d 71 (1958) Webster Arnold LOVELL, Plaintiff-Respondent, v. Alice Josephine LOVELL, Defendant-Appellant. No. 8611. Supreme Court of Idaho. July 9, 1958. James T. Knudson, Coeur d'Alene, for appellant. J. Ward Arney, Coeur d'Alene, for respondent. McQUADE, Justice. On October 31, 1956, the plaintiff and respondent filed his complaint for divorce. On December 3, the clerk of the district cou...
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This is an appeal from a conviction of the defendant by a jury in Bernalillo County for possession of marijuana contrary to the provisions of the Narcotic Drug Act, § 54-7-13, N.M.S.A.1953. A preliminary hearing, the validity of which is the basis of this appeal, was held on September 13, 1957, and an information charging the above crime was filed by the District Attorney the. same day, to which ...
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The appellant, Sheila Livingston, who was the plaintiff below, was a student at the New Mexico College of Agriculture and Mechanic Arts. While in the college cafeteria on September 14, 1956, she was injured as a result of the alleged negligence of Carlos Gallegos, an employee of the defendant college. The student being a minor, this suit was instituted by Howard E. Livingston as her father and ...
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This is an appeal of an action brought by the plaintiff-vendor Melcor Luna, appellee here, against the defendant-purchasers Jacinto Flores and his son Jacinto R. Flores, appellants here, and the Century Life Insurance Company. The litigation, tried in the District Court of Torrance County before the Hon. Garnett R. Burks without a jury, arose from a real estate transaction wherein the vendor agre...
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delivered the opinion of the Court. In November of 1956, this action was instituted by filing a complaint for injunction and damages, and upon the denial by the trial court of the temporary injunction, a review of that order is hereby sought. Security Addition No. 1 is located near Colorado Springs. A plat thereof was recorded November 12, 1953, and on March 2, 1954, a declaration of restrict...
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delivered the opinion of the Court. ...Ida Axler received a certain permanent cold wave from, Floyd’s Beauty Salon. The wave was administered by Clara Maxson, a beautician employed by the Salon. After the administration of the permanent wave, Mrs. Axler sustained a loss of hair on the frontal portion of her scalp. According to her complaint the loss of hair resulted from the negligence of the defe...
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delivered the opinion' of the Court. The parties hereto, as appropriate, will be referred to either by name or as they appeared in the trial court wherein plaintiffs in error were plaintiffs and defendants in error were defendants. On December 1, 1948, plaintiffs suffered a loss to business property located at 301 South Union Avenue, Pueblo, Colorado. Investigation disclosed the damag...
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delivered the opinion of the Court. June 18, 1958, there were filed in this court certain interrogatories propounded by the Governor under section 3, article VI of the Constitution which authorizes the court to “give its opinion upon important questions upon solemn occasions when required by the governor.” The request of the Governor is in the following form: “WHEREAS, Senate Concurrent Res...
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delivered the opinion of the Court. This is a proceeding under the Workmen’s Compensation Act. Plaintiff in error Graden Coal Company and The Employers’ Mutual Insurance Company will be referred to as “Employer”; Yturralde as “Claimant,” and The Industrial Commission of Colorado as the “Commission.” Claimant, while working in Employers’ coal mine on November 27, 1951, was injured in an accide...
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delivered the opinion of the Court. This is an original proceeding in the nature of prohibition. The parties will be referred to as they appeared in the action out of which this proceeding arises, i.e., petitioners here will be referred to as defendants and the respondents Hugh B. and Maxine V. Hitchcock will be referred to as plaintiffs. Plaintiffs brought an action in the district court of ...
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Elizabeth and David Bell were intermarried at Billings, Montana, in 1932. Three children were born of this union, two being of age and Robert, the youngest, being seventeen years old when this suit was filed. On February 15, 1952, Elizabeth Bell instituted an action for divorce against David Bell. The Pleadings. In her amended complaint plaintiff alleged that for more than one ...
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sitting in place of MR. JUSTICE BOTTOMLY: *169 Appeal from a judgment of the district court in Missoula County dismissing with prejudice the action brought by appellant upon a contract for the sale to the respondent corporation of thirty-five shares of its capital stock. The total sale price specified by the contract was $52,500, on which a down payment of $15,000 and two annual installments ...
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Cora E. Joy, a resident of Beaverhead County, died intestate on May 5, 1956. She left as her only heirs at law, two daughters, Pearl Mittelmeier and Maude Pace, and one son, Lee Joy. Her estate consists of a judgment against Lee Joy in the sum of $7,264. On June 28, 1956, Maude Pace filed petition for letters of administration of her mother’s estate, supported by a request signed by her sister Pea...
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Plaintiff filed a complaint to quiet title, alleging that he was the owner and in possession of certain lands in Garfield County, Montana; that such title was founded upon written instruments of conveyances; that his occupancy and possession had been open, notorious, undisputed and adverse as against all the *47 world; that the land had been occupied and claimed for more than ten years continuo...
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This is an action under the Workmen’s Compensation Act, R.C.M. 1947, section 92-101 et seq. There is no question but that the plaintiff, John Birnie, was injured in an accident arising out of and in the course of *40 his employment by the United States Gypsum Company, in its plant at Heath, Montana, on December 30, 1954. At the time of the accident Birnie was of the age ...
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This is an appeal by the plaintiff from a judgment n.o.v. for the defendant, State Industrial Accident Commission, in an action brought for the purpose of reversing the decision of the commission rejecting plaintiff’s claim for compensation for the accidental death of her husband, Billy D. Ballou. At the time of his fatal injury on January 4, 1954, and for approximately a year prior thereto the de...
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Defendant was indicted, tried by a jury and found guilty of the charge of assault with a dangerous weapon. Defendant appeals and asserts numerous assignments of error. We believe only two of these merit discussion. One of these concerns the admission of evidence and the other asserts that the court erred in failing to sustain the defendant’s motion for a judgment of acquittal at the conclusion ...
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This is an appeal by the state from a judgment-order of the circuit court which dismissed this action and discharged the defendant. The action was based upon an indictment which was returned under ORS 163.250 and which charged the defendant with assault being armed with a dangerous weapon. That section of our laws says: “Any person, who is armed with a dangerous weapon and assaults another with...
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November 26, 1955, at about seven o’clock p. m., Eugene J. Holmes and his wife, Therese, were traveling *576 south from Seattle toward Tacoma on highway No. 99, when their automobile was involved in a collision with one owned and operated by Joel H. Toothaker, which approached them from the opposite direction in their lane of travel. Holmes and wife (hereinafter referred to as Holmes) commenced...
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52 Wn.2d 589 (1958) 328 P.2d 150 In the Matter of the Revocation of the License to Practice Dentistry of HARRY V. FLYNN.[1] No. 34338. The Supreme Court of Washington, En Banc. July 17, 1958. Theodore P. Cummings, for appellant. The Attorney General, Ernest Furnia and Roy C. Fox, Assistants, for respondent. Hall, Cole & Lawrence and Peter B. Walton, amici curiae. *591 FINLEY, J. Dr. Harry V. ...
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Plaintiffs and defendants own adjoining properties, both of which abut on the Snake river. A small stream now flows in its natural channel through the plaintiffs’ land to the Snake river. The stream does, not touch defendants’ land at any point. At the time plaintiffs bought their land in 1952, the stream was in its natural bed....Defendants bought their land in 1954. In 1914, a ditch had been du...
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52 Wn.2d 613 (1958) 328 P.2d 159 In the Matter of the Application for a Writ of Habeas Corpus of GEITHER HORN, Petitioner, v. THE STATE OF WASHINGTON et al., Respondents.[1] No. 34571. The Supreme Court of Washington, Department Two. July 17, 1958. Horrigan, Horrigan & Sullivan, for petitioner. The Attorney General and Michael R. Alfieri, Assistant, for respondent. PER CURIAM: This is an orig...
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This is an original application in this court for a writ of habeas corpus. Petitioner was charged, on May 30,1935, in the superior court for Franklin county, with the crime of murder in the first degree. He was tried, found guilty by a jury, and sentenced to life imprisonment in the state penitentiary. Petitioner alleges that he was denied due process of law at the time of his trial in 1935, in th...
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The defendant appeals from an order denying his motion to vacate the judgment and withdraw his plea of guilty to the crime of second degree assault. The appellant was arrested in Montana and returned to Everett, Washington, March 13, 1957, at about 1:30 p. m. He signed a written statement regarding the facts of the case at the request of the prosecuting attorney. His parents hired an attorney f...
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Appellant, Calvary Pentecostal Church, a nonprofit corporation, instituted an action to recover the possession of real property in Clallam county against the respondents, pastors of the Calvary Pentecostal Church of Port Angeles. Pursuant to leave, the Calvary Pentecostal Church of Port Angeles, Eric Berglund, Laura -Reeves, Harliss Gardner, Irja Korpi, Margaret Beckett and Alex Dodds filed a comp...
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This is an appeal from a judgment entered upon an order sustaining a demurrer to a compláint alleging malpractice by an attorney at law. It was alleged that on July 7, 1953, the plaintiff had employed the defendant to draw a will for her husband, whereby she would be rpade the beneficiary of the residue of his estate; that the defendant had contacted her husband and ascertained that he desired to...
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On June 26,1948, the plaintiff Mojonnier and Sons, a corporation, delivered a carload of fresh cherries to the defendant Northern Pacific Railway at Sunnyside, Washington, for transportation to Minneapolis, Minnesota. The defendant railway transported the car to Minneapolis, where it was turned over to the defendant Railway Express Agency. At the request of the plaintiff, the car was diverted to C...
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The plaintiff was a seaman on defendant’s ship. .He was observed on the deck of the vessel in an intoxicated condition about three o’clock a. m., on August 22, 1955, by two crew members. They proceeded to help him toward his quarters by each taking an arm and walking him along the deck. When they reached the after deck-house, one man preceded and one man followed plaintiff along a passageway to t...
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OPINION This matter is before this court on application of Harry M. Watson for a peremptory writ of mandate compelling John Koontz, as Secretary of State of the State of Nevada, to accept and file the petitioner’s declaration of candidacy for district judge of the Seventh judicial district court. Respondent has refused to accept *255 the declaration for filing upon the ground that it has not ...
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8 Utah 2d 55 (1958) 328 P.2d 175 WEBER BASIN WATER CONSERVANCY DISTRICT, PLAINTIFF AND RESPONDENT, v. JOHN R. GAILEY AND FRANK BOHMAN, ET AL., DEFENDANTS (FRANK BOHMAN, APPELLANT). No. 8478. Supreme Court of Utah. July 2, 1958. J. Lambert Gibson, James E. Faust, Salt Lake City, for appellant. Young, Thatcher & Glasmann, Ogden, Homer Holmgren, Fisher Harris, Salt Lake City, amici curiae. Neil ...
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On July 8, 1952, Opal Jean Gregor filed a claim for compensation against Standard Brands, Inc., referred to as petitioner herein, and its insurance carrier, *182 Liability Assurance Corporation, Ltd., referred to herein as insurance carrier, stating that on May 22, 1952, while in the employ of petitioner and engaged in the course of her employment she sustained an accidental injury consisting o...
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The plaintiff in error, Lonnie Glasgow, was charged by information filed in the district court of Cotton County with the crime of second degree forgery, was tried before a jury, convicted and his punishment fixed at confinement in the State Penitentiary for a period of three years. For reversal four propositions are advanced in petition in error and brief. It is first contended that the court err...
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I concur in the conclusion reached in the majority opinion annulling the orders which adjudge petitioner in contempt of court for his failure to pay amounts provided for in an integrated property settlement agreement. It will be recalled that when this case was previously before this court (Plumer v. Plumer, 48 Cal.2d 820 [313 P.2d 549]) *638I pointed out in my dissenting opinion (p. 826 et seq.) ...
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Mr. and Mrs. Comunale were struck in a marked pedestrian crosswalk by a truck driven by Percy Sloan. Mr. Comunale was seriously injured, and his wife suffered minor injuries. Sloan was insured by defendant Traders and General Insurance Company under a policy that contained limits of liability in the sum of $10,000 for each person injured and $20,000 for each accident. He notified Traders of the...
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The sole question presented on this appeal is whether the trial court erred in refusing plaintiffs’ demand for a jury trial in a suit to establish a constructive trust with respect to certain real property. Harold and Paul Tibbitts joined as plaintiffs in filing a pleading entitled “First amended complaint to establish a constructive trust and for an accounting of rents, issues and profits...
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Defendant has appealed from an order denying his motion under section 473 of the Code of Civil Procedure to vacate a money judgment entered against him after he failed to appear for trial through the excusable neglect or inadvertence of his attorney. Plaintiff brought this action to recover a balance of $950 allegedly unpaid for hay sold by plaintiff to defendant. The answer admits the contra...
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The information filed against the defendant herein contained two counts. In the first count defendant was accused of the crime of unlawful taking and driving of a vehicle (Veh. Code, § 503) in that on or about October 11, 1957, he did drive a vehicle, to wit, a 1949 Ford sedan, belonging to Leon V. Thompson, without the consent of the owner and with the intent to deprive the owner of his possessi...
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Defendant, after trial by the court without a jury, was convicted of possession of marijuana and sentenced to prison. He appeals from the judgment and the order denying new trial. His principal contention is that the marijuana was improperly admitted because it was the product of an illegal search and seizure. In the early evening of October 10, a police officer attached to the Juvenile Bureau ...
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Plaintiffs instituted this action to rescind the purchase by them of a promissory note secured by a second deed of trust upon a parcel of real property in the city of Paramount, upon the ground that the same was induced by the fraudulent representations of the defendants. The case was tried to a jury which returned special and *582 general verdicts in favor of the plaintiffs and as...
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Rose May Ahouse was charged with the crime of petty theft with a prior conviction of petty theft in the Municipal Court of Beverly Hills, Los Angeles County. It Was alleged in the information that she had previously been convicted of a felony in the Court of Quarter Sessions of the State of New Jersey in and for the County of Passaic and had served a term of imprisonment therefor in a state priso...
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This is an appeal from an order of the Juvenile Department of the Superior Court of San Diego County adjudging Michael Allen Parley, a minor, a ward of the juvenile court of said county under section 700, subdivision (b), of the Welfare and Institutions Code, and giving said minor’s custody to the probation officer of said county. It was further ordered that the child be placed with his father in ...
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Plaintiff, a member of the military forces, was injured when the motorcycle he was operating and defendant’s automobile were involved in an accident at about 9 :30 p. m. on April 3, 1956, at the intersection of El Cajon Boulevard and 60th Street. Plaintiff was traveling west on El Cajon Boulevard and defendant was approaching 60th Street from the west. In approaching this intersection from the wes...
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Defendant-appellant was convicted by a jury of attempted burglary (second degree) on Saturday, January 4, 1958, of a doctor’s office at 526 W. 17th Street, in Santa Ana. The doctor left his office about noon on that day and, as best he could remember, the windows were closed *217 and the screens locked in place. When he returned the following Monday one window was ajar an inch or two, the windo...
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This is an appeal from a judgment in favor of plaintiffs, who were copartners engaged in selling lumber produced in the Pacific Northwest in the States of Oregon, California, and elsewhere (hereinafter referred to as “Sellers”), and against the defendant corporation (hereinafter, referred to as “Purchaser”). The action was pleaded in the common counts of goods sold and delivered to Purchas...
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This is an appeal by the plaintiff from an order granting the defendant's motion for a new trial following a jury verdict in plaintiff’s favor. Plaintiff worked for one Rausch as a gardener at an apartment house which Rausch owned. Rausch died in 1954, but plaintiff, pursuant to the authorization of defendant (who was Rausch’s executor), continued to work around the premises. Plaintiff sustaine...
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The petition for habeas corpus upon which we issued a writ shows that petitioner is under a sentence of five days in jail for contempt of court. The charged offense consisted of the violation of a preliminary injunction which restrained petitioner from removing from real property that was in litigation any buildings that were permanently affixed to the realty. The petition alleges the issuance of ...
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Plaintiff filed a verified claim with the Board of Supervisors of San Joaquin County, pursuant to section 439.56 of the Agricultural Code, to recover damages in the sum of $240 for the loss of 12 sheep allegedly killed by dogs. Section 439.56 reads as follows: “Each such claim shall be verified by the affidavits of two disinterested witnesses who shall fix the value of the livestock, the affida...
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Defendant, Robert Tenney, on three separate counts, was convicted of the unlawful possession, sale,, and transportation of narcotics. He appeals from the judgment of conviction. The attorney general contends that the notice of appeal was filed too late. Judgment was entered on August 12, 1957. The notice of appeal, dated August 26, 1957, was not filed with the clerk of the superior court until ...
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Action on seven promissory notes and to recover the purchase price of building material sold. The action was against Henry Marcus, Oscar Altman, and three other persons, individually and as partners. Henry Marcus Building Specialties, the partnership, was also named as a defendant. In a non jury trial, judgment was in favor of plaintiff. Oscar Altman appeals from the judgment. Appellant co...
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The parties are owners of adjacent parcels of improved real estate situated on Franklin Street in San Francisco. Plaintiff’s complaint sought to perpetually enjoin the defendants from violating an express easement of light, air and unobstructed view created in favor of plaintiff’s property and to compel the defendants to remove certain television aerials and antennae. The trial court found all of...
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In a court trial, Albert Gilbert Renteria was convicted of an offense of first degree burglary and was sentenced to state prison for the term prescribed by law. The *591 evidence consisted of that received at the preliminary hearing and additional evidence introduced at the trial. Defendant appeals from the judgment. Sometime between 7:30 and 10 p.m. on the night of November 10, 1957, the res...
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Defendant appeals from judgment directing abatement of a nuisance. A large number of eucalyptus trees stood on defendant’s land along its boundary with the lands of plaintiff. In 1951 some of these trees were blown down, so that they lay across the boundary line. While the testimony is not detailed, photographs in evidence show that the roots of these trees remain upon the lands of defendant, wit...
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Petitioner-appellant, Hazel Nickola, holds an on-sale general liquor license, and operates a tavern in San Mateo County. She was accused of violating subsections 25658, subdivisions (a) and (b), * and subsections 24200, subdivisions (b) and (e) † of the Business and Professions Code. Count one of the accusation charges that: “On or about February 18, 1956 and for some time prior thereto, on...
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A jury found defendant guilty of possession of marijuana. He was admitted to probation on condition he serve 6 months in county jail. Defendant appeals, urging that the marijuana admitted in evidence was found in his home as the result of an illegal search. An armed robbery occurred in San Jose at about 9 :30 a. m. The police secured information leading them to believe that one Conrad Mallory w...
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Plaintiffs instituted this action in claim and delivery to recover the possession of certain air conditioning and refrigeration equipment. Judgment was rendered in favor of the defendants and plaintiffs appeal. The material facts are not in dispute. Respondents were the owners of a building in the city of Los Angeles and on July 29, 1954, they entered into a lease with Northrup-Jones, Inc....
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This appeal is from an interlocutory judg-' ment granting a divorce on the ground of extreme cruelty to the wife and a divorce on the same ground to the husband on his cross-complaint. Custody of the two minor children was awarded to the wife and the husband was ordered to pay $200 per month as alimony and $80 per month for the support of each child. A partnership interest in a business known a...
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OPINION This is an original petition in habeas corpus for the petitioner’s discharge from confinement. His confinement is upon a charge of the crime commonly known as blackmail. He contends that his commitment is without reasonable or probable cause. Following preliminary hearing before the justice of the peace of Austin township, Lander County, petitioner was ordered held to answer to the Third j...
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*251OPINION This is an appeal taken by the State through the Attorney General from an order of the Washoe County district court in habeas corpus discharging a minor from the custody of the juvenile officer of Washoe County. On June 6, 1957 the juvenile division of the Elko district court entered an order committing Raymond Short, a child under the age of 18 years, to the Nevada School *252of Indus...
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*239 OPINION By the Court, The main question here presented is whether the trial court properly applied the rule, with respect to negotiable instruments, that as between innocent parties, the one whose negligence has occasioned the loss must bear it. The facts establish this case as a classic example for the application of the rule as applied by the district court. *...
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Plaintiff, W. B. Russell, appeals from a jury verdict of no cause of action. The action seeks to recover damages for wrongful discharge of plaintiff as a switch-man by the defendant, OUR&D Company, under a collective bargaining contract between the Company and the Brotherhood of Railway Trainmen. *65Article VIII, Rule 38 of that agreement provides that: “No yardman will be suspended or dismissed w...
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Plaintiffs Haymore recovered judgment for $2,739 for money payable under a contract by which they sold defendants Lev-inson a house. The essence of Levin-sons’ defense below and contention for reversal here is that there had been no “satisfactory completion” of the house as required by the contract. The question involved is what the term “satisfactory completion” comprehends. Plaintif...
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Decedent, Paul L. Harrington, was president and principal salesman for defendant employer, Service Motor Parts, Inc., whose place of business was Tucson, Arizona. On Friday, May 18, 1956 decedent took a trip to Phcenix, Arizona for the purpose of attending the annual election of the state organization of the Purchasing Agents Association of Arizona, and to transact other business. At that time ...
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This is an action for a declaratory judgment, challenging the validity of the formation of the Blue Mountain Hospital District (called the District), a municipal corporation, in Grant county. From a decree declaring the District to be a valid and subsisting corporation, the plaintiff taxpayers appeal. Following the procedures provided by Oregon Laws 1949, ch 548 (now ORS 441.205 to 441.410...
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This is an appeal by the garnishee, The First National Bank of Portland, from a judgment which the circuit court entered against it in the sum of $581.15 in an action wherein Phil Grossmayer Co., a corporation, was plaintiff, and an individual by the name of C. A. Campbell was defendant. The judgment was based upon findings of fact and conclusions of law. The action of Phil Grossmayer Co. ...
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This is an appeal by the defendant from a judgment, based upon a verdict, in the sum of $8,000 which the circuit court entered in favor of the plaintiff. The action out of which the judgment arose rested upon federal legislation known as the Jones Act (46 USCA 688) and averments that the plaintiff suffered a personal injury while in the defendant’s employ as first assistant engineer aboard the ...
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This is a suit to foreclose a chattel mortgage executed by the defendant Plastic Sheeting Company. The United States of America and the County of Multnomah were joined as defendants for the purpose of adjudicating their respective lien claims for taxes. The interest of the United States is not involved in this appeal. The mortgage in question was executed on Oc*188tober 29, 1951 by tbe defendant P...
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183 Kan. 323 (1958) 328 P.2d 346 LaVERNE DAWKINS, Appellee, v. REYNOLDS DAWKINS; FIRST STATE BANK, and BODY OF CHRIST (GOSPEL TABERNACLE), Appellants. No. 40,956 Supreme Court of Kansas. Opinion filed July 7, 1958. John J. Ziegelmeyer and Cyrus W. Long, both of Kansas City, argued the cause and were on the briefs for the appellant. J.W. Mahoney, of Kansas City, argued the cause, and David W. Cars...
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dissents for reasons set forth in the dissenting opinion in the companion appeal, Dawkins v. Dawkins, No. 40,956, 183 Kan. 323, 328 P. 2d 346, this day decided....
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The opinion of the court was delivered by After denying appellants original motion for rehearing on March 12, 1958, this court later granted appellants leave to file a second motion for rehearing. Briefs have been filed by counsel for the appellants and also by amici curiae on this second motion. Finding nothing which warrants a reconsideration of the case the second motion for rehearing is d...
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Ernest Milton Kelly, alias Joe E. Kelly, was convicted of the crime of burglary in the second degree in the superior court of King county, on March 5,1957. Thereafter, prior to imposition of judgment and sentence, the prosecuting attorney filed a supplemental information charging the defendant, under RCW 9.92.090, with being an habitual criminal. The supplemental information charged the defenda...
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52 Wn.2d 609 (1958) 328 P.2d 367 In the Matter of the Application for a Writ of Habeas Corpus of ROBERT J. ALLEN, Petitioner, v. B.J. RHAY, as Superintendent of the State Penitentiary, Respondent.[1] No. 34547. The Supreme Court of Washington, Department One. July 17, 1958. Robert J. Allen, pro se. The Attorney General and Michael R. Alfieri, Assistant, for respondent. PER CURIAM: We have before ...
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We have before us a petition for a writ of habeas corpus made directly to this court; the petitioner alleging that contrary to law he is being restrained of his liberty by the warden of the Washington state penitentiary. The respondent demurred to the petition. Petitioner, on March 24, 1950, entered a plea of guilty on an inforpiation charging a violation of RCW 9.54.020,- i.e., taking a motor veh...
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52 Wn.2d 615 (1958) 328 P.2d 369 In the Matter of the Application for a Writ of Habeas Corpus of TRUMAN WILSON McCLINTOCK, Petitioner, v. B.J. RHAY, as Superintendent of the State Penitentiary, Respondent.[1] No. 34722. The Supreme Court of Washington, Department Two. July 17, 1958. Truman Wilson McClintock, pro se. The Attorney General and Michael R. Alfieri, Assistant, for respondent. PER CURIA...
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This is an original application for a writ of habeas corpus, prosecuted in forma pauperis. Petitioner was charged, on September 11, 1957, in the superior court for Grant county, with the crime of forgery in the first degree. Prior to entering his plea, petitioner was informed of his constitutional guarantees, all of which he waived. He thereupon entered a plea of guilty as charged. The court defer...
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*401 OPINION delivered the opinion of the court. Plaintiff, Merideth GMC, a dealer, contracted to sell a truck to one Wilson and left it with defendant, Gayle A. Garner, a serviceman, to be repaired and modified for oil field use to suit the purchaser. Wilson, who made the arrangements with Garner, was to do certain of the work himself and by an exchange of labor to bear a part of the cost ...
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delivered the opinion of the Court. In 1957 plaintiff in error, herein referred to as Manager, denied an application of defendant in error, herein referred to as Applicant, for the transfer of a drug store liquor license from 3225 W. Colfax Avenue to 3209 West Colfax Avenue, Denver, Colorado. Applicant took the case to the District Court where the decision of the Manager was overruled and judgm...
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Denver sued out a writ of error, seeking to have reversed an adverse judgment which it suffered in the district court on December 4, 1957. The district court vacated the judgment on January 3, 1958, while the case (Denver v. Davidson Chevrolet, Inc., et al., No. 18,497) was pending here on error. On January 17, 1958, Denver filed its motion to dismiss without prejudice its writ of error. On Jan...
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delivered the opinion of the Court. The parties appear here in the same order as they appeared in the trial court. We refer to plaintiff in error as plaintiff or Gately, and to defendant in error as defendant or the Association. Gately, a practicing attorney at Colorado Springs, brought this action, seeking to obtain a declaratory judgment defining his rights to the use of a law library in th...
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delivered the opinion of the Court. The widow and minor child of the decedent were unsuccessful before the Industrial Commission in their claim for death benefits in a workmen’s compensation case. Having exhausted their administrative remedy, they initiated proceedings in the district court by complaint, seeking to have set aside the determination of the Commission. After a hearing the tri...
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328 P.2d 389 (1958) 64 N.M. 319 Harold E. SCOFIELD, Plaintiff-Appellee, v. J. W. JONES CONSTRUCTION COMPANY (N.S.L.), a corporation, Defendant-Appellant. No. 6365. Supreme Court of New Mexico. July 28, 1958. *390 Sherman & Hughes, Deming, for appellant. Garland, Sanders & Martin, Las Cruces, for appellee. McGHEE, Justice. The plaintiff-appellee obtained a verdict for $30,000 on account of...
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Appellants ever since 1926 have been and were at the time of the commencement of this action the owners of Lots 5 and 6 in Block 3 of the original townsite of St. Maries, in Benewah County, used for business purposes. Appellants commenced this action November 4, 1954, after the Board of Examiners of the State of Idaho had denied their claim for compensation predicated upon respondents’ physical...
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Pursuant to written stipulation for counsel for the respective parties, it is ordered that the above numbered and entitled appeal be, and it is hereby, dismissed. MR. CHIEF JUSTICE HARRISON, and MR. JUSTICES CATTLES, BOTTOMLY, ANGSTMAN, and ADAIR, concur....
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Pursuant to stipulation filed, it is hereby ordered that this appeal be dismissed....
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This is an appeal from a judgment of the district court of Tulsa County, upon trial de novo affirming a judgment of the county court of that county awarding fees to the special administrators of the estate ■of Flora B. Barton, deceased, as well as fees to the attorneys for such special administrators, and refusing to surcharge the special administrators with the interest allowed to accrue by th...
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Plaintiff in error, hereinafter referred to as appellant, is a Missouri corporation, with its main office and principal place of business at Kansas City, Missouri. It also transacts business in Oklahoma and several other states. The issues involved herein have a direct bearing upon what portion of appellant’s income for the years 1950-1954, both inclusive, is taxable under Oklahoma’s Income Tax...
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We have previously held that there is no right of appeal from a decree of adoption under 10 O.S.1951 Sec. 41 et seq., In re Hughes, 88 Okl. 257, 213 P. 79, and In re Davis, 206 Okl. 405, 244 P.2d 555. It is, however, permissible' where other remedies are not provided as in this instance, to review in a proper action in the nature of certiorari, judicial proceedings of inferior tribunals, and such ...
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The subject matter of this action is an attorney’s fee to he collected by Norvell’s estate on a contingent fee contract, or contract for fee to be allowed Norvell, in an action before the Mexican Claims Commission. Plaintiff contends that while that action was pending Maben acquired from Norvell a fifteen percent interest in the fee for cash advanced to Norvell, and for assistance rendered in the ...
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This is an action to recover penalties for the unlawful owning and holding of farm land in Jackson County by the State ex rel. The County Attorney of that county, and against United Gypsum Company, a foreign corporation domesticated in Oklahoma, and herein referred to as “Gypsum”, in violation of the Oklahoma Constitution, Art. 22, Sec. 2, and the applicable statutes of Oklahoma, 18 O.S.1951 §§...
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Plaintiff, City of Ardmore, filed this action against Roy Donham and Opal Donham, defendants, to condemn a right of way approximately ¼ mile in length and SO feet in width, for a water pipeline along the north side of Section 6, Township 4 South, Range 1 East, in Carter County, Oklahoma. By reason of a branch or creek aloiig the section line the east-west section line road has moved to the sout...
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This is an original verified petition in habeas corpus whereby petitioner, Ben Reynolds, alleging he is being unlawfully restrained of his liberty by Chief of Police Robert Lester of the City of Norman, Oklahoma, seeks his release. He alleges, in substance, the cause of said restraint is, that he was charged, arrested, tried, and found guilty of a violation of Ordinance 440, Sec. 4.1 of the Cit...
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James Vernon Vassar was charged in the district court of Tulsa County with the crime of second degree burglary, after former conviction of a felony, was tided before a jury and convicted, but the jury being unable to agree upon the punishment, left that to the court. The court assessed the penalty at confinement in the State Penitentiary for a term of twenty-five years, and a fine of $200. The ca...
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Plaintiff’s husband was severely injured when a taxicab in which he was a passenger collided with a train. He sued the railway company, the taxicab company, the train engineer, and the cab driver, obtaining a judgment in the amount of $290,000, which was affirmed on appeal (Deshotel v. Atchison, T. & S. F. Ry. Co., 144 Cal.App.2d 224 [300 P.2d 910]). During the pendency of that action plaintiff br...
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This is a petition to terminate guardianship of the person of a minor. Joyce was born in 1946. Her parents were divorced in 1949, and custody of Joyce was awarded to her mother. In 1955 Mr. and Mrs. Zissler were appointed guardians, the mother consenting. Thirteen months later the mother filed this petition to terminate guardianship. (Prob. Code, § 1580, subd. (8).) The guardians opposed the petit...
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Appeal from judgment awarding to the state recovery from an assignee for benefit of creditors of interest and penalties upon certain tax obligations, which interest and penalties accrued after the assignment. The taxes in question became due and payable before the assignment in each instance.; the assignee paid the principal amount of each, together with all interest and penalties accrued to da...
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Convicted upon two counts charging the sale of heroin defendant claims the evidence insufficient to support either verdict. His argument is that the officer who made the purchases and testified fully and in detail in respect to each, gave *739 testimony not worthy of belief because this officer was relatively inexperienced, having worked for the State Bureau of Narcotic Enforcement slightly m...
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Plaintiff-appellant brought an action for divorce, on the ground of extreme cruelty, against her husband. She sought alimony, child support and distribution, of community property. Defendant and respondent, in turn by cross-complaint, sought a divorce, custody of the children and a division of the community property. After trial, the court granted each a divorce. Defendant was ordered to pay plai...
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On September 5, 1953, petitioner herein, responsive to an information charging him with forgery, was arraigned in the Superior Court in Napa County. He was represented by counsel who announced that a plea would be entered at that time. The following occurred: “The Court: What is your plea? Mr. Shifflett [Counsel for Defendant] : The defendant pleads guilty, your Honor. The Court: The Clerk will p...
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Appeal from an order denying a petition for the writ of error coram nobis. As respondent correctly comments, “ [t]he instant appeal is another contribution to the swelling stream of such applications which engage the attention of our trial and appellate courts.” Manifestly, defendant has misconceived the scope and function of the writ. On May 7, 1956, after a jury trial in which defendant was...
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Defendant was convicted, in a jury trial, of first degree robbery. The jury found that he was armed with a revolver at the time the robbery was committed. Defendant admitted an allegation of the information that he had previously been convicted of grand theft. He appeals from the judgment and the order denying his motion for a new trial. Appellant contends that a record of the entire cause was not...
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This is an appeal from a judgment denying a petition for a writ of mandate sought to reverse the decision of the Department of Alcoholic Beverage Control which denied appellant’s application for a transfer of an off-sale liquor license. On May 16, 1957, the Department of Alcoholic Beverage Control filed its decision denying appellant’s application for a transfer of an off-sale general liquor licen...
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Defendant has appealed from an order revoking his probation. Appellant pleaded guilty to the crime of bookmaking (Pen. Code, § 337a). He was placed on probation for two years on condition that he serve six months in the county jail and make restitution in the sum of $500. After he had completed the term in jail and commenced to satisfy the order for $500 restitution he was arrested for the viol...
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Petitioner is the defendant in the case in which a previous judgment of conviction was reversed by this court in People v. Castiel, 153 Cal.App.2d 653 [315 P.2d 79]. The conviction in that case was reversed on the sole.ground that the defendant (petitioner herein) is entitled to the dis *711 closure of the name of the informer who had been a participant in the crimes which petitioner was ch...
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The controlling question on this appeal from an order denying a petition to remove executors and from an order settling their final account is the sufficiency of the evidence to support the findings of fact upon which the challenged orders rest. Appellant’s case is founded upon contentions that this court must hold as a matter of law (1) that the decedent, at the time of his death, w...
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This is an appeal from an order denying a writ of error coram nobis after a hearing on the merits. Appellant was convicted of a robbery in which two men participated, one Negro and the other white. Appellant, who is white, was identified at the trial by his victim. One Bryant, a prisoner at San Quentin, also testified for the prosecution .that he was the Negro who participated in the robbery and •...
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By an information dated October 11, 1957, Theodore Monroe and Artis Allen Falkner were charged with armed robbery. The information also charged that each of them had previously been convicted of robbery in the first degree and had served a term therefor in the state prison. Both defendants entered a plea of not guilty. A jury trial resulted in a verdict of guilty. This appeal is taken only by the ...
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On February 3, 1956, plaintiff filed an action for divorce. Defendant was personally served with a copy of the summons and complaint but failed to appear although represented by counsel. Default was entered against him on July 25, 1956. On August 21, 1956, the matter was heard as a default and on August 31, 1956, the court entered an interlocutory decree awarding plaintiff a divorce and, among ot...
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Convicted of assault with a deadly weapon by the trial court sitting without a jury, defendant appeals from the judgment of conviction and from the Order denying his motion for a new trial. Defendant contends (1) that the evidence does not support the conviction in that “the evidence clearly shows the right of self defense” and (2) that the trial court abused its discretion in denying his motion f...
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Plaintiff brought this malpractice action alleging failure of Dr. Paul Pfeiffer to discover and treat a tubercular condition in his left lung. Plaintiff was a subscriber to the respondent Kaiser Foundation Health Plan, a nonprofit trust which collects premiums for prepaid medical care by respondent Permanente Medical Group, a partnership of doctors, at hospitals owned and maintained by respondent...
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Plaintiff, who is also known as John G-. Oppenheimer, appeals from orders dismissing his complaint against various named defendants, being the City Attorney of the City of Los Angeles, three of his deputies, the Chief of Police of the City of Los Angeles, a member of the Board of Supervisors of the County of Los Angeles and the Clerk of the Municipal Court of Los Angeles Judicial District. ...
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Appellant Griffin was charged jointly with one Homer Stephen in two counts of uttering and publishing two forged checks. The two were tried jointly and the jury returned a verdict of guilty against appellant on both counts. The evidence showed that on May 10, 1957, one Herndon was working as a clerk in a liquor store in Oakland. At approximately 6:45 p. m. appellant entered this store and prese...
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Appellant was convicted by a jury of three narcotics offenses, possession of marijuana, transportation of marijuana, and furnishing marijuana to a minor. The several offenses were alleged to have occurred on or about October 30, 1956. The minor, a girl of 15, was cooperating with the police. On October 30, 1956, she was in an automobile with appellant and one Spencer, who was made a codefendant...
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This is a proceeding in habeas corpus involving the custody of a minor child. The parties were residents of the State of Michigan and respondent herein, Ruth Kennedy, heretofore began an action in the Circuit Court for the County of Oakland in that state to obtain a divorce from petitioner herein, Charles R. Kennedy, Jr. She also in that action sought the custody of their minor son, Rex Charles Ke...
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The question here presented is the propriety of an order denying defendant’s motion for change of venue on the grounds of nonresidence of defendant and claimed inconvenience of defendant’s witnesses. *238 Plaintiff’s complaint sets forth two causes of action. The first is upon a contract arising out of an unpaid personal check of defendant for $1,703, where payment was stopped. The complaint ...
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Appellant was the plaintiff in an action commenced by him against the Bank of America, National Trust and Savings Association, the real party in interest herein, in the Municipal Court of the South Bay Judicial District, sitting as a small claims court. The small claims court having rendered judgment in favor of defendant bank, appellant sought, in the Superior Court in and for the County of Los ...
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This is an appeal on the judgment roll from a decree wherein the court refused to quiet the title to a parcel of real property. *509The plaintiff brought the action to quiet his title to, and determine the adverse interests if any in four parcels of real property in Los Angeles County. The defendant, Catherine A. McKenna, filed an answer wherein she denied substantially all of the plaintiff’s clai...
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Defendant appeals from a judgment declaring that a parcel of real property is owned by defendant, plaintiff, and another, each having an undivided one-third interest. By supplemental briefs filed at the court’s request, the parties have argued the question of the timeliness of the notice of appeal. Since the notice was filed more than 60 days after entry of judgment, it was too late (Rules on A...
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This is an appeal from a judgment in favor of the respondent for personal injuries sustained when certain lumber fell upon him. In the complaint it was alleged that on August 10, 1953, the defendant negligently loaded, stacked and placed certain lumber owned by Hill and Morton, Inc., on a railroad flat car and caused the same to be- shipped to Anawalt Lumber and Material Company, at Pacoim...
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In a trial by jury, defendant was convicted of attempted burglary. He appeals from the judgment. He asserts that the judgment should be reversed because: (1) the court did not set the case for trial within 30 days after the entry of his plea; and (2) he was not brought to trial within 60 days after the filing of the information. He also asserts that the evidence was not sufficient to support th...
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Convicted of forcible rape defendant appeals from the judgment and an alleged order denying his motion for new trial. There is no such order in the record and that attempted appeal must be dismissed. The appeal presents nothing more than an effort to obtain a reweighing of the evidence by this court, contrary to the governing rule laid down in People v. Newland, 15 Cal.2d 678, 681-682 [104 ...
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Appellant brought this action in three counts: 1. for malpractice; 2. for assault and battery; and 3. for malicious prosecution. The second count has been dismissed with prejudice. Nonsuit was granted as to the first and third counts at the close of plaintiff’s case. From the judgments of nonsuit appellant has appealed and argues only as against respondents Snow and Hamilton. Appellant is a bar...
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The administrator with the will annexed appeals from the order settling final account and decree of distribution. Questions Presented 1 1. The correctness of the distribution of the real property which in turn depends upon the finding that it was separate property. 2. Is the restriction on the life estate of Joseph C. Bernatas “as long as he wishes while he is alone" void...
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In the latter part of September, 1954, plaintiff, who had just recently returned from Arabia and taken up his residence at Van Nuys, in Los Angeles County, although he had no previous experience with or in the operation of a food or cocktail business, conceived the idea of acquiring and engaging in the operation of such an enterprise. To that end plaintiff contacted defendant Winfield D. Little...
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In 1953, respondent department issued to petitioner and another a license for the operation of a 50-bed convalescent home in Marin County. The license was reissued January 1, 1954, to petitioner alone. In August, 1954, an accusation against petitioner was filed, seeking revocation of the license. Upon issue being joined, the case was referred to a hearing officer for hearing by himself alone. (...
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Petitioners, attorneys for the successful employee, seek review and annulment of an order made by the respondent commission denying their petition for attorneys’ fees. Initially, the respondent commission had issued an order on October 6,1952, awarding to the employee, benefits ($2,340) based on a permanent disability rating of 19% per cent for his industrial injury of June 26, 1951. The respon...
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*247OPINION By the Court, Appellant seeks a permit from the city of Ely granting permission to move a dwelling house into the city to be placed upon property owned by appellant. This appeal is taken from judgment of the trial court upholding the city in its refusal to grant the permit. Appellant petitioned the trial court for a writ of mandate commanding the issuance of the permit or, in the alter...
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Opinion on Rehearing On the original submission of this appeal we affirmed the judgement against both appellant. 73 Nev. 295, 318 *263 P.2d 649. As to the question of simple negligence on the part of Mrs. Cook, we said: “Reasonable minds might well differ upon the question whether the acts of Mrs. Cook violated the standard of conduct of a reasonable man and a jury finding of...
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*383 OPINION delivered the opinion of the court. *384 This is a suit by an insurance company to recover the amount paid by it as an insurer, the money having been received from a tort-feasor by the administrator. On October 30, 1951, the plaintiff, Iowa National Mutual Insurance Company, insured in favor of Signe Caroline Huntley a Lincoln automobile against da...
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delivered the opinion of the Court. Plaintiff in error (herein referred to as administrator) sued out a writ of error to review a judgment of *579the District Court in allowing the claim of Iola Lyons (herein referred to as claimant) against the estate of Maude Lee, deceased, for services rendered to. said decedent. Claimant filed a claim against the estate of Maude Lee, for “Personal services ren...
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delivered the opinion of the Court. Defendant in error (herein referred to as claimant) filed a claim against the estate of Maud Lee, deceased, as follows: “For personal and professional services rendered to decedent during her life time from 1936 to date of death, 981.31, Safeway Heating paid March 25th 1955 $14.00, personal tax paid April 3, 1955 $4.69, Total *583$1000.00.” The county court afte...
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delivered the opinion of the Court. Plaintiff in error was petitioner in the court below and will hereinafter be referred to as such. Petitioner filed a document in the district court of Jefferson County labeled “Petition For a Writ of Habeas Corpus.” The court entered an order upon respondent to show cause within twenty days why the writ should not issue, to which the District Attorney respond...
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The plaintiff (appellant) brought this appeal from the order of the district court sustaining defendant’s demurrer which is as follows: “It is Ordered that said demurrer be sustained, and it is hereby sustained, without leave to plaintiff to amend its said second amended complaint.” Where such an order is made without leave to amend, it contemplates a final judgment of dismissal. It is an int...
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The defendant, Commissioner of Finance, appealed from judgment of the trial court, in mandamus proceedings, that he approve as to form and content and return to the plaintiffs the articles of incorporation of the Bank of Central Idaho, and issue to it certificate or charter authorizing it to engage in the banking business at Grangeville in this state. The parties will be referred to as they app...
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Appellant, an itinerant salesman, was arrested in the Town of Farmington and charged with a violation of Farmington Ordinance 158 which levies an occupation tax in the amount of one dollar per thousand for each one thousand dollars gross volume of business done, with a minimum tax of five dollars per annum. The tax is levied upon “all occupations, professions, trades, pursuits, or corporations ...
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In this case the appellant was convicted for driving an automobile while under the influence of intoxicating liquor and for reckless driving, both offenses prohibited by-ordinance No. 685 of the City of Albuquerque and was fined for each offense. The first ground urged for reversal is that when he was tried on appeal from the Police Court the District Judge denied his request for a jury trial. ...
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The sole question for determination here is whether the trial court erred in awarding the appellee the sum of $2,500 in alimony, payable in monthly installments of $125 when he granted her a divorce from appellant on her cross complaint. The parties married in 1950 and were divorced in the latter part of 1957. They had lived separately for approximately six months between the time of marriage a...
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This appeal is a result of a statutory suit to quiet title in which all of the defendants defaulted, except the three defendants (appellees here) who were represented by a guardian ad litem appointed by the court. The only issue before the court relates to an attack by the guardian ad litem on an order of the District Court of Bernalillo County, authorizing the sale of real estate under the pro...
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Appellees filed a statutory quiet title suit in the lower court and appellant answered asserting several defenses and affirmatively sought to quiet title in herself. The lower court ruled in favor of appellees and appellant has taken this appeal. The real property in controversy consists of an irregular but contiguous tract of dry grass land lying west of Dexter, New Mexico, with no improvements e...
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H. A. and H. D. Pixler dba H. A. Pixler & Son filed suit in the superior court of Pinal county and was awarded judgment against William J. Crouch in the sum of $2,500 plus $800 attorney fees. On appeal, Crouch v. Pixler, 83 Ariz. 310, 320 P.2d 943, 946, this court affirmed the judgment as to the $2,500 and reversed as to the attorney fees in the following language: “The judgment as to the ...
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This is an appeal from a judgment for defendants rendered pursuant to a verdict. The lower court proceedings were in eminent domain, after an appeal pursuant to statute by the plaintiffs, from an award of commissioners appointed to assess damages to be paid the defendants as compensation by reason of appropriation of their property for highway purposes. The only question presented is as to the ...
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This is an appeal by plaintiffs from a judgment in favor of defendants in a suit to quiet title to certain described property being Sec. 4, T. 15 N., R. 34 E., and Sec. 32, T. 16 N., R. 34 E., situated in the County of Garfield. *144 Plaintiffs, in their complaint, allege they are the owners in fee simple of the lands; that the defendant, Louise M. Gordon, a widow, claims and asserts some rig...
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This is an original proceeding in prohibition. The facts recited in the petition are briefly these: That on or about the 2nd day of May, 1958, the State Board of Equalization, held a public hearing in Shelby, pursuant to section 84-605, R.C.M. 1947 After hearing the evidence the Board determined that the assessed value placed upon the non-irrigated, tillable farm lands in Toole County, by the c...
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328 P.2d 636 (1958) Cora E. JOY, Plaintiff, v. Forrest LITTLE and LaVon Little, et al., Defendants. Lee JOY and Berniece E. Joy, his wife, Appellants and Cross-Complainants, v. Forrest LITTLE and LaVon Little, his wife, Respondents and Cross-Defendants. No. 9760. Supreme Court of Montana. July 30, 1958. *637 Corette, Smith & Dean, Butte, Collins & Burns, Dillon, for appellants. John Colli...
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Defendant has appealed from a judgment in favor of plaintiff based upon the verdict of a jury. The complaint contains two causes of action. The jury awarded $2,956 on the first cause of action and $73.96 on the second. In the first cause of action plaintiff seeks recovery for work, labor, and services performed pursuant to an agreement with the defendant, and in which it is alleged that defendant ...
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Senate Bill No. 178 was introduced by Senators Cotton, McGowan, Durkee, Hibbs, Lehrkind and Grandey, on February 5, 1957. It was passed by the Senate on February 22, 1957. On March 4, after having been read in the House of Representatives, it was passed and returned to the Senate to be enrolled. Governor J. Hugo Aronson approved the Bill on March 9, 1957, and it now appears as Chapter 197, Laws of...
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This is an appeal by each of the plaintiffs, James Connors, Harry E. Yoyta and Lou I. Yoyta, from the final decrees entered in favor of the defendants, W. H. Clonts, Jennie E. Clonts, R. G. Averitt and Ruth C. Averitt, by the district court of the twelfth judicial district of the State of Montana, in and for the County of Hill. Following the taking of the appeals this court was notified in...
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The department of labor and industries appeals from a judgment on a verdict increasing a permanent partial disability award from thirty-five per cent to seventy-five per cent. The respondent was injured on February 3, 1953, while working on the construction of a false ceiling for a large hangar at Boeing airfield, Seattle. The ceiling collapsed, dropping him about thirty-five feet, and covering hi...
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52 Wn.2d 634 (1958) 328 P.2d 671 HOMER E. EVANS, Respondent, v. YAKIMA VALLEY GRAPE GROWERS ASSOCIATION, Appellant.[1] No. 34187. The Supreme Court of Washington, En Banc. July 24, 1958. Cheney & Hutcheson, for appellant. Kenneth C. Hawkins and Chaffee & Aiken, for respondent. MALLERY, J. The plaintiff Evans obtained a judgment upon three causes of action against the defendant, Yakima Val...
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(dissenting) — Three causes of action are involved in this case. As each presents different questions of law, they must be considered separately. The first cause of action is based on two distinct contracts: (1) a contract of employment, and (2) a contract of sale of *640office furniture and supplies. Plaintiff Evans alleged,1 and the trial court found,. that both contracts are sufficiently eviden...
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Defendants New Model Laundry, Inc., a corporation, and Hugh T. MacDowell appeal from a $9,140.30 money judgment entered in favor of plaintiff Snowflake Laundry Co., a corporation. *664 In addition to the corporate parties, five individuals play important roles in a complicated factual pattern. They are: Frank T. Smith, president and principal stockholder of Snowflake; Edward Urich; Hayden F. ...
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52 Wn.2d 734 (1958) 328 P.2d 692 OSCAR SUNDBERG et al., Plaintiffs, v. BOEING AIRPLANE COMPANY et al., Respondents, F.B. TILLEY, Appellant.[1] No. 34517. The Supreme Court of Washington, Department One. August 7, 1958. Felix & Abel and Don G. Abel, for appellant. Wright, Booth & Beresford and Lewis L. Stedman, for respondent American Surety Company of New York. OTT, J. The parties involve...
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The plaintiffs owned forty acres of land in Kitsap county. Their dwelling was on the north half of it. They desired to build themselves a new house on the south half. To this end, they replaced the mortgage on the forty acres with a new one, which was limited to the north half, and, thus, had the south half free and clear of incumbrance and ready for a construction mortgage. On January 14, 1955, t...
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The principal issue presented is whether the owner-lessor of a business building (five partial levels devoted to the parking of automobiles with ground-floor offices, or stores, occupied by subtenants) desired to re-lease the building at the time a certain lease terminated. The lessee had secured an option from the owner-lessor to re-lease for a five-year period, under terms not here material, ...
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This action arose out of an application to sell and transfer a common carrier permit, issued by the public service commission of the state of Washington, pursuant to ROW 81.80. For many years, H. Morrison, Inc., possessed a common carrier permit, authorizing it to operate intrastate as a carrier of general freight. On July 20, 1955, the state tax commission attached most of the assets of t...
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This is an appeal from an order granting the plaintiffs Donald W. Nelson and wife a new trial, after a jury returned a verdict in favor of the defendants. Although his wife was joined as a party defendant, M. B. Martinson will be referred to herein as though he were the sole defendant (appellant). On October 17, 1954, at approximately 1:40 a. m., the automobile in which the plaintiffs were...
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This action was commenced by respondent, an attorney at law, to recover certain fees for legal services. Has amended complaint alleged two causes of action: (1) for the balance due for services rendered appellant in connection with extensive litigation in which respondent represented Ernesto A. Mangaoang, appellant’s then business agent; and (2) for the balance due for services rendered appellant ...
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Appellants, plaintiffs below, sued the respondents for the rescission of a sale or exchange of properties. Many of the thirty-five assignments of error are directed to the findings of fact, but, because the case must be reversed for the exclusion of evidence, a decision on those assignments would be premature. Appellants owned an automobile repair business, the real property on which it wa...
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This is an action in replevin wherein plaintiff, Frank Harber Buick, Inc., seeks possession of a 1952 Buick automobile owned by defendant, W. B. Miller. Defendant alleged that the mortgage under which plaintiff claims the right to possession was obtained by fraud and without consideration. The trial court overruled plaintiff’s motion for a directed verdict and submitted the cause to the jury....
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Plaintiff in error, Joy Gibson, defendant below, was charged by information in the District Court of Pottawatomie County, Oklahoma, with the crime of embezzlement of the sum of $5,113.27 from a labor union local No. 744 I. U. E.-C. I. O., she being the President of said local. She was tried by a jury, but the jury being unable to agree on the punishment, left the same to the trial court. The cour...
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Jack Keeley was convicted of the crime of assault with intent to commit rape, an included offense within the crime of attempted rape, charged in the information. He appeals, alleging error by the trial court as follows: (1) In permitting Mr. Egginton, an employee of the Salt Lake City School System, to sit beside the prosecuting witness while she testified, and (2) In refusing to allow testim...
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Defendant, Clifford C. Hinkley, dba as Union Seed Company, hereinafter called the Company, appeals from a judgment in the district court of Duchesne County awarding $15,082.28 on claims of 26 seed growers for seed delivered to Wayne Malin, and through him to the Company at Burley, Idaho. The plaintiffs are seed growers near Roosevelt, Utah, who brought this suit on their own claims and similar cl...
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*80 Plaintiff appeals from a judgment of the District Court entered upon a special verdict awarding $80,000 to the defendants John G. and Elsie L. Braegger, in a condemnation proceeding. Defendants’ land was taken in connection with the creation of the Willard Dam, a part of the Weber Basin Reclamation Project. Defendants’ recovery consisted of $66,850 for the value of the land taken, $11,300 f...
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The opinion of the court was delivered by Defendants were found guilty by a jury of violating the provisions of what now appears as G. S. 1957 Supp., 75-427. Each was ordered to pay a fine of $5.00 and the costs of the action, and this appeal followed. Due to the nature of the case, it will be necessary to set out or summarize the provisions of Chapter 397, Laws of 1953, relating to the regis...
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The opinion of the court was delivered by This consolidated appeal is from every part and portion of the ruling, decision, order and judgment of the court below, generally against plaintiffs, who have appealed, and is the second appearance of the controversy in this court. The former appeal (Simmons v. Reynolds, 179 Kan. 785, 298 P. 2d 345) was from the trial court’s order overruling defendan...
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The opinion of the court was delivered by This is an action founded on a written instrument for the unconditional payment of money. The petition alleges that the plaintiffs are the holders of a promissory note upon which there is due the sum of $3,000 together with interest at the rate of 6% per annum from the 19th day of May, 1956. A copy of the note was attached to the petition and by ref...
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This action was brought by Edward L. Israel, doing business as Edwards Lumber and Manufacturing Company, as plaintiff, against George E., Robert G. and James E. Miller, doing business as George E. Miller Lumber Company, as defendants, to recover the balance of the contract price of a carload of lumber. The lower court tried the case without a jury and found for the plaintiff. Defendants appeal....
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This is an action to recover a commission or finder’s fee based on a written agreement which called for payment to the plaintiff by the defendants, Greorge Shroyer and Kenneth O. Watkins, of $50,000. Under the terms of the agreement only a first payment of $25,000 was due at the time this action was commenced. Recovery of that amount was sought, and in a jury trial a verdict for the amount pray...
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This is an appeal by the defendant from a judgment in the sum of $12,217.25 which the circuit court *213 entered in favor of the plaintiff. The judgment is based upon a jury verdict. The complaint charged the defendant with negligence in the maintenance of the floor of the hospital’s corridor and, referring to the defendant, states: “It created and maintained a hazardous and dangerous conditi...
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This is a motion by the plaintiff (respondent) to dismiss this appeal for the reason that the notice of appeal lacks indorsement of proof of service. After the jury had returned its verdict in favor of the defendant and a motion presented by the plaintiff for a new trial had been sustained on March 12, 1958, *207 the defendant filed with the clerk of the circuit court on May 5, 1958, a notice...
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This is an appeal from an order of tbe circuit court denying defendant’s (appellant’s) motion to set aside a default decree. Subsequent to tbe determination of tbe matter in tbe lower court botb parties bave died and appropriate orders of substitution entered herein. Tbe facts are simple. Plaintiff was the vendor and *155 defendant the vendee in a contract for the sale of real property in Col...
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This proceeding was initiated when the defendant presented to the trial court a pleading designated “Defendant’s Motion to Vacate Judgment, Sentence and Information in the Nature of Coram Nobis.” The grounds specified by him which are pertinent to our inquiry are as follows: “(1) The Order Waiver and Presentment of Indictment filed September 8, 1949, is a false document filed without the knowledge...
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Moody Lorenzo Brown was indicted for and in a court trial convicted of an offense of selling heroin and was sentenced to state prison. Brown appeals from the judgment and the denial of his motion for new trial. The evidence consisted of the transcript of the proceedings before the grand jury and additional evidence introduced at the trial. Justin B. Burley, a Los Angeles County sheriff’s deputy...
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This is an appeal from a judgment imposing the death penalty after verdicts finding that the defendant was guilty of murdering Nell and Brenda Parris as charged in two counts of an indictment and that the murders were of the first degree. Following these verdicts proceedings were then taken pursuant to section 190.1 of the Penal Code for the purpose of determining the punishment. The penalty of d...
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Appellant was convicted by a jury of a sale of heroin. On January 9, 1957, the witness Goodrum was working as an undercover narcotics agent with an informer named Randolph. The two met appellant in a pool hall and in Goodrum’s hearing Randolph told appellant that he wanted to get some “stuff" (narcotics). Appellant replied: “. . . I’ll sell to you, hut I’m not going to sell to him [indicating Good...
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The San Francisco Unified School District appeals from a judgment of nonsuit rendered in favor of the California Building Maintenance Company. The record shows that the maintenance company had a written contract with the city of San Francisco to wash the windows of many of the public buildings located in the city, including the windows of all of the city high schools. One Richard Dubay was...
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Monterey County awarded defendants a franchise for the collection and disposal of garbage and refuse in a certain area of the county. A portion of that area later was incorporated upon the formation of the city of Sea *657 side. Subsequently, the city of Seaside awarded plaintiff the exclusive franchise for the collection and disposal of garbage and refuse within the city limits. Finding that d...
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Plaintiff appeals from judgment on order sustaining demurrer of defendant Mrs. Francis McCarthy to sixth amended complaint. Questions Presented 1. May a special demurrer which lacks specifications of grounds of objections be considered? 2. Was it error to sustain the demurrer to the fourth, fifth and sixth counts? 3. Was defendant’s general demurrer insufficient? *688 1. Special Demu...
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This is an appeal by the plaintiff and a judgment creditor of the latter from an order denying their several motions to vacate an order granting defendants’ motion for new trial. This litigation was initiated by plaintiff Apostólos against the defendants Estrada and Railway Express Agency to recover damages for personal injuries allegedly sustained by the plaintiff as a result of the negli...
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On May 9, 1957, the appellant was indicted on six counts as follows: “ (1) Unlawful possession of narcotics on April 10, 1957; (2) Unlawful sale of narcotics on April 10, 1957; (3) Unlawful transportation of narcotics on April 10,1957; (4) Unlawful possession of heroin on April 16, 1957; (5) Unlawful sale of heroin on April 16, 1957 ; (6) Unlawful transportation of heroin on April 16, 1957 (Healt...
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This is an appeal from a £< judgment of dis missal” due to the failure of plaintiffs to comply with an order requiring plaintiffs to furnish security for the reasonable expenses which might be incurred by the defendants in said action, pursuant to section 834, Corporations Code. The plaintiffs, as shareholders of The Super-Cold Corporation (hereinafter referred to as Super-Cold) instituted a de...
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Defendant-appellant Carol La Grange was charged jointly with defendants Freshour, Bradley and Vickery and each was convicted by a jury of the crime of manslaughter (viol. Pen. Code, § 192, subd. 2) in that they feloniously, without malice, killed one John Barczuk. Appellant’s motion for new trial and application for probation were denied. He, alone, appealed. Barczuk was a coowner of the Hawaiian ...
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Petitioner seeks both a writ of prohibition to restrain the respondent court from proceeding to trial after preliminary examination, and a writ of mandate to compel the respondent court to order the production and inspection of a certain statement made by the petitioner to police officers immediately after his arrest. I. The Writ of Prohibition. Petitioner was charged with a violation of Pe...
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Defendant was charged, in an information filed by the district attorney, with violating section 11500 of the Health and Safety Code, in that on January 17, 1958, he had in his possession a narcotic, to wit, marijuana. He made a motion, under section 995 of the Penal Code, to set the information aside on the ground that he had been held to answer without reasonable or probable cause. His motion wa...
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After jury trial, defendant was found guilty of sale, possession and transportation of marijuana, and was sentenced to prison. He appeals from the judgment. One Henson, an undercover agent employed by the district attorney, testified that appellant shared with Henson and an *134 other the smoking of a marijuana cigarette to show Henson the quality of appellant’s product, sold Henson a quantit...
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On May 6, 1953, petitioner was found guilty by a jury of the crime of robbery and apparently there was no appeal from the judgment in that action. On June 17, 1957, petitioner filed in the Superior Court of Fresno county a “Motion to Annul and Vacate and Set Aside Judgment.” On July 17, 1957, the said superior court denied petitioner’s motion and on July 30, 1957, he appealed from the order denyin...
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Plaintiff, through her guardian ad litem, appeals from a judgment of nonsuit in an action against defendant, a physician and surgeon, for malpractice resulting in the death of plaintiff’s mother. Respondent J. Floyd Runner, M.D., had been Margaret Sheffield’s physician since 1948. He was called by her on February 14, 1954, at which time she complained of a rash, coughing and being sick all ov...
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Appeal by plaintiffs from an order quashing service of summons upon J. A. Thompson and Son, Inc., a corporation. Plaintiffs instituted this action to recover damages for personal injuries sustained by the plaintiff Edith K. Fuss on August 4, 1954. The original complaint was filed on August 3, 1955, and named as defendants therein the city of Los Angeles, a municipal corporation, J. A. Thom...
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Defendant appeals from a judgment entered upon a jury verdict of murder in the first degree with recommendation of life imprisonment. Questions Presented 1. Sufficiency of evidence. 2. Alleged error in admitting evidence of homosexuality. 3. Alleged misconduct of prosecuting attorney. 4. Failure to instruct on motive. 1. Sufficiency of Evidence. Assuming “ . . in favor of the verd...
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Petitioner is coexecutor under the will of George Maurice Bartlett, hereinafter called Bartlett. Upon the appointment of petitioner and her coexecutor they came into possession of and still have possession of a business conducted by Bartlett during his lifetime and since coming into possession have continued to operate that business. The business was inventoried by them as one of the assets of the...
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This is an appeal from a judgment of the superior court denying a writ of mandate after review of a decision of the State Personnel Board sustaining the dismissal of Harry L. Payne. *681 Harry L. Payne was dismissed from Ms civil service position on December 28, 1949, by James G. Bryant, Director of the Department of Employment. Payne was served with the required notice of punitiv...
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Defendant father appeals from a pendente lite order awarding custody of two minor children to plaintiff mother. The parties were married in 1946 and lived together in Paris, Illinois, until January 12, 1956, when plaintiff commenced an action for divorce in the Illinois court. Defendant filed his answer thereto and cross-complained for a divorce on grounds of desertion and adultery, asking for ...
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163 Cal.App.2d 136 (1958) THE PEOPLE, Respondent, v. HANNAH WARREN et al., Defendants; GENERAL BELL, Appellant. Crim. No. 6265. California Court of Appeals. Second Dist., Div. One. Aug. 25, 1958. General Bell, in pro. per., for Appellant. Edmund G. Brown, Attorney General, and William E. James, Deputy Attorney General, for Respondent. WHITE, P. J. The district attorney of Los Angeles Count...
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This is an action for damages for personal injuries sustained by plaintiff in an intersection automobile collision. A jury returned a verdict in favor of plaintiff for the sum of $475, following which the trial court granted a new trial “on all the issues upon the ground of insufficiency of the evidence to justify the verdict in that the amount awarded is not in conformity with the evidence adduce...
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This is an appeal by the defendants from a judgment in favor of the plaintiff, rendered on a jury verdict. The complaint sought damages for personal injuries alleged to have been caused by the defendants’ negligence. Thé defendants, husband and wife, are the owners of a two flat apartment house in Berkeley. Both flats are rented to tenants.. At the back of the property there is an outside woode...
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The plaintiff, State of Oregon, on the information of Thomas J. Reeder, district attorney for Jackson *6County, has petitioned the court to take original jurisdiction of what is denominated an “original proceeding in nature of quo warranto.” The purpose of the proceeding is to obtain a judicial determination as to whether Robert G. Danielson or E. Roy Bashaw was nominated for the office of distric...
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The defendant is now confined on a 25-year sentence imposed by a judgment entered on a plea of guilty to a district attorney’s information charging the crime of kidnapping. This proceeding is an attempt by the defendant to have review of the judgment by a so-called motion in the nature of coram nobis. To this motion the state leveled a demurrer on the ground that the motion did not state facts su...
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October 27, 1956, Dewey E. Skaggs was injured when he tripped and fell over a vehicle “stop” signpost which was bent across, the sidewalk on George Washington Way in the village of Richland. He commenced this action to recover in damages for his injuries against the General Electric Company, which had the control, operation, and management of Richland. (There is no contention here that the comp...
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On July 26, 1955, the city commission of the city of Yakima passed Ordinance No. B-1720, which provided: “An Ordinance relating to advertising signs on parking meters, and authorizing execution of a contract with the Meter Advertising Company pertaining thereto, and providing for the utilization of the City’s share of the revenue therefrom for traffic regulation purposes. “Be It Ordained By The Ci...
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delivered the opinion of the Court. In the trial court plaintiff in error was plaintiff and defendant in error was defendant. We will refer to the parties as they there appeared. By its complaint plaintiff sought to recover $1,645.62, together with interest and attorney’s fees, on a promissory note executed by defendant and payable to Sportsman Air Craft and by the latter before maturity assigned ...
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This is an action by Crown Zellerbach Corporation (hereinafter referred to as Crown) to obtain a tax refund. Under Washington’s business and occupation tax law, Crown is engaged in two taxable activities, (1) as a wholesaler selling pulp and paper to customers within the state, and (2) as a manufacturer of pulp and paper products. It is stipulated that, during the year in question, goods of the...
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The issue, sought to be ráiséd, is the validity of a default divorce. We never reach the real issue because Thelma V. Anderson abandoned the route of direct attack upon the divorce decree to follow the dead-end roads of collateral attacks. It appears that Albert B. Anderson and Thelma V. Anderson desired a divorce; that, together, they consulted an attorney who prepared, at their request, ...
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Respondent was tried after a plea of not guilty to an information charging him with the crime of murder in the second degree, committed as follows: “That he, the said Marshall Berry, in the County of Sno-homish, State of Washington, on or about the 14th day of April, 1957, while then and there wilfully, unlawfully and feloniously engaged in committing, attempting to commit or in withdrawin...
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Henry M. Griffith was arrested, charged, and convicted of murder in the first degree for killing A. B. *724 Davis, near Lind, Washington, on October 4, 1956. The. jury returned a special verdict’ recommending that the death penalty be imposed. On March 8, 1957, the defendant was sentenced to be hanged. This appeal followed. The evidence reveals that A. B. Davis left his home at Lind, Washingt...
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52 Wn.2d 745 (1958) 328 P.2d 904 MABEL R. DEFILIPIS, Plaintiff, v. LEONARD RUSSELL et al., Defendants and Relators, THE SUPERIOR COURT FOR KING COUNTY, Honorable Hugh Todd, Judge, Respondent.[1] No. 34850. The Supreme Court of Washington, Department Two. August 15, 1958. Kane & Spellman, for plaintiff. Burton & Greenlee, for defendants and relators. Charles O. Carroll and Maurice M. Epste...
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328 P.2d 907 (1958) James E. Cottingham, Plaintiff and Appellant, v. STATE BOARD OF EXAMINERS, etc., Defendants and Respondents. Harvey Sanders, Intervenor and Respondent. No. 9869. Supreme Court of Montana. Submitted January 13, 1958. Decided July 15, 1958. *908 Floyd O. Small, Clayton R. Herron, Helena, for appellant. Floyd O. Small argued orally. Forrest H. Anderson, Atty. Gen., and Gordon R. ...
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Plaintiff brought this action to have an alleged mechanic’s lien declared invalid and to have it cancelled and discharged of record. The trial court sitting without a jury granted the relief sought by plaintiff and defendant has appealed from the judgment. The complaint alleges that palintiff corporation was organized under the laws of Montana; that on October 4, 1951, Harsh Investment Company, an...
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James Hale was convicted by jury, in the district court of the fifth judicial district, in and for the County of Madison, of a felony. The charging part of the information being as follows: “That on or about the 10th day of July, 1957, the said James Hale did in the County of Madison, State of Montana, wilfully, wrongfully and feloniously win money from Robert Emmons *133 by use of a game des...
Views: 1
This suit was instituted in the District Court for Eddy County seeking cancellation of a farming lease. On September 23, 1954, appellant, plaintiff below, entered into a farming lease with appellee, her son-in-law, the lease being for a six-year term. Relations between the parties to the lease have not been harmonious. Apparently there has been considerable litigation between them. Appella...
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Appellee brought this action for damages for personal injuries sustained by him while riding as a paying passenger in appellant’s taxicab which was involved in a collision with another vehicle at the intersection of Lomas and Campus Boulevard in the City of Albuquerque. The cause was tried to the court, and from a judgment awarding damages in amount of $2,750 for pain and suffering, appellant pro...
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Plaintiffs, appellants here, filed their complaint in the District Court of Bernalillo County in three counts. The first count was for the personal injuries of plaintiff Marcus E. Kimbell, wherein he alleged negligence on the part of the defendant’s intestate and prayed for damages in the amount of $35,000 and costs. The second count was an allegation of negligence of defendant’s intestate whereb...
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Defendant-appellant, Dollie T. Hines, appeals from a final decree and judgment granting a divorce to plaintiff-appellee, Willie Hines, on the ground of incompatibility. No children were born of the marriage and there is no community property. The parties were married on August 12, 1943, at Shreveport, Louisiana, two or three weeks after appellee had been drafted into the Navy. They separated on o...
Views: 8
delivered the opinion of the Court. The parties appear here in the same order they appeared in the trial court. We will refer to the plaintiff in error as the husband, and the defendant in error as the wife. The husband instituted a divorce action against his wife, after some twenty-two years of married life. The suit was not contested and a final decree was entered awarding the husba...
Views: 2
delivered the opinion of the Court. We will refer to plaintiff in error as the employee and to defendants in error as the employer, the insurance carrier or the commission, as may be appropriate. The employee seeks review of a judgment by which the district court upheld the action of the Industrial Commission denying his claim for permanent partial disability under the Workmen’s Compensation Law. ...
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delivered the opinion of the Court. A petition for an initiated amendment to the Constitution of the State of Colorado relating to apportionment of the Senate and House of Representatives of the General Assembly was presented to the Secretary of State on the last day of the required four months before the election at which it was to have been submitted to the voters. It contained the signatures of...
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Plaintiffs appeal fro3n an order granting defendants’ motions for a change of venue from Los Angeles County to Kern County. The motions were made and granted on the grounds of (1) residence of defendants; (2) that the action involved damage or injury to real property situated in Kern County; and (3) because of convenience of witnesses. The complaint alleges that the controversy here involv...
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This is an appeal by the defendants, the Board of Supervisors of and the County of Los Angeles, from a judgment declaring that real property of the plaintiff city of Long Beach be tax exempt and requiring the defendants to refund taxes collected from the plaintiff. The city of Long Beach acquired title to three parcels of land lying outside of its city limits prior to the tax lien date of ...
Views: 2
This is an appeal by the plaintiff from a judgment in favor of himself in an action for restitution, rescission, and cancellation of a contract of conditional sale of an automobile alleged to have been executed in violation of section 2982 of the Civil Code. 1 In April 1953 the plaintiff entered into negotiations for the purchase of an automobile from the defendant Muntz Car Company. After ag...
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A hearing was granted in this case in order to give further consideration to the points raised by appellant, Babe Otto Barbera. After a review of the record and the contentions of the appellant and respondent, we have decided to adopt the opinion of the District Court of Appeal, Second District, Division One, prepared by Justice Fourt, and concurred in by Justice Lillie (Presiding Justice White c...
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50 Cal.2d 640 (1958) 328 P.2d 976 ANTHONY GOMEZ et al., Petitioners, v. THE SUPERIOR COURT OF MENDOCINO COUNTY et al., Respondents. Docket No. Sac. 6928. Supreme Court of California. In Bank. July 17, 1958. *641 Kasch & Cook and Leo M. Cook for Petitioners. Edmund G. Brown, Attorney General, Doris H. Maier and J.M. Sanderson, Deputy Attorneys General, for Respondents. CARTER, J. Petitioners, ...
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Petitioners,defendants in an action pending in the respondent court, seek a writ of mandate directing said court to set aside its order sustaining plaintiff’s refusal to answer certain questions propounded to her during the course of a pretrial deposition. The action in which the deposition proceedings were had is one instituted by the plaintiff, Bessie Smith, seeking damages for alleged injury su...
Views: 0
This is an appeal from an order awarding fees and expenses to Naomi Blair Ruoff, as guardian of the person and estate of Susan Ann Blair, now deceased. The order includes fees for the guardian’s counsel. The order declared a lien for the amount of the award upon the assets of the estate of Susan Ann Blair which had been turned over to Rebecca Riley, as administratrix of her estate. This appeal is ...
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By an information defendant was charged with the possession of a narcotic in violation of section 11500, Health and Safety Code. From the judgment of conviction entered subsequent to a jury verdict of guilty, défendant appeals. On September 2, 1957, the police department received information from the Chief Investigator, Naval Training Center, that several sailors had contracted a venereal disea...
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Defendant husband appeals from an order entered on August 22,1957, granting plaintiff’s application for a modification of the alimony provision of an interlocutory decree of divorce. The order increases the alimony award from $1.00 to $50 per month. Defendant (appellant) states that: “The sole issue presented by this appeal is whether or not a trial court may order the payment of alimony by the h...
Views: 1
163 Cal.App.2d 225 (1958) 328 P.2d 1005 Estate of CARRIE PRICE ROLLINS, Deceased. EDMUND G. BROWN, as Attorney General, etc., Appellant, v. EUNICE C. MOOBERRY et al., Respondents. Docket No. 17883. Court of Appeals of California, First District, Division Two. August 28, 1958. *226 Edmund G. Brown, Attorney General, and Clarence A. Linn, Assistant Attorney General, for Appellant. Edwin B. Lucas, G...
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The only question on this appeal is the validity of the residuary clause of a holographic will which reads: “The remainder to go to some charitable institution, or research fund, or for a suitable memorial to my mother and father (no statue or monument).” By decree determining heirship the probate court found this provision invalid, and ordered distribution of the residue of the estate under the l...
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In this action for damages for personal injuries, judgment upon a verdict was against defendants Catherine and William Aull and was in favor of defendants Kenneth and Russell Pitzer. (The verdict, as to Russell, was directed.) Plaintiff appeals from the portion of the judgment in favor of the Pitzers. Plaintiff’s automobile was parked at the curb on a street in Los Angeles, and plaintiff was st...
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Appeal by defendant J. A. Thompson from a judgment in favor of plaintiff for legal services rendered under an oral agreement. The trial court found that between December 11, 1953, and February 1, 1955, defendant J. A. Thompson and decedent Norma McCauley became indebted to plaintiff in the sum of $9,900 for legal services performed by plaintiff for and on their behalf and at their special ...
Views: 1
Defendant appeals from a judgment in favor of the plaintiff, in an action to impress a trust and quiet title to Lots 6, 11, and 12 of Block 5 in the City of Martinez. Plaintiff is the third party donee beneficiary of an agreement made in 1922 by plaintiff’s parents and plaintiff’s aunt on her mother’s side, Laura D. Hollenbeck. The defendant, Esther 0. Pawsey, is another sister of Laura D. Holl...
Views: 4
The libel action now under consideration was commenced on May 18, 1950, and has now been the subject of three trials and four appeals. (See Jeffers v. Screen Extras Guild, Inc. (1951), 107 Cal.App.2d 253 [237 P.2d 51]; (1955), 134 Cal.App.2d 622 [286 P.2d 30]; and (1956), 140 Cal.App.2d 604 [295 P.2d 417].) Plaintiff now appeals from a judgment on the merits in favor of the defendants. On A...
Views: 4
In an information filed by the district attorney of Los Angeles County, defendants were accused of the crime of assault by means of force likely to produce great bodily injury, in violation of Penal Code, section 245. Appellant entered a plea of not guilty and when the cause was called for trial a jury trial was duly waived. Appellant was adjudged guilty of the crime charged against him. His moti...
Views: 8
Plaintiff brought this action to recover damages for personal injuries which she alleged she sustained by reason of the negligence of the defendant. The jury having returned a verdict in favor of defendant, the plaintiff appeals from the ensuing judgment and from the order denying her motion for a new trial. Plaintiff makes but two assignments of error. (1) That the evidence is insufficient to sup...
Views: 1
Defendant appeals from a judgment entered pursuant to his conviction of violation of two counts of the Corporate Securities Act (Corp. Code, § 26104, subd. (a)). 1 -The charges were that (1) on August 1, 1957, he sold and offered for sale to Robert H. Meng and Edwin A. Shrader 200,000 shares of stock in Clark Uranium and Copper Company, a Nevada corporation, without having a permit f...
Views: 6
Plaintiffs, appellants here, brought this action against defendant and respondent, Marie Sharpe Pollock, and others, to recover a down payment of $15,000, plus certain damages claimed, and the value of certain improvements constructed by them upon the property hereinafter described. None of the defendants, with the exception of Marie Sharpe Pollock, was served with process within the jurisdiction ...
Views: 0
September 18, 1955, at approximately 9 :30 p. m., while driving north on state highway 41, in Kootenai county, defendant (appellant) lost control of his car and it left the highway, injuring appellant and a passenger, Mrs. Dellene D. Louden. Appellant and Mrs. Louden were taken to a hospital in Coeur d’Alene, where Mrs. Louden died the next day without regaining consciousness. Appellant was bellig...
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delivered the opinion of the Court. In a hearing before a deputy of the Department of Employment Security, the Williams’ claims for unem*17ployment compensation were held valid, and allowed. An appeal from this determination was taken and a hearing de novo held before a Referee. On disputed evidence relating to misconduct of claimants Williams [employees], based upon alleged refusal to deliver rec...
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delivered the opinion of the Court. The parties appear here in reverse order of their appearance in the trial court. We refer to the defendant, in error as Gillen or the minor, and to the plaintiff in error as the Motor Company. On December 21, 1955, Gillen, a minor of the age of twenty years, ten months, twenty-four days, purchased and received delivery from the Motor Company a new ’56 Ford ...
Views: 5
On October 24, 1955, plaintiff, Totah Drilling Company, a New Mexico Corporation, filed suit' upon a promissory note for the sum of $27,367.04 which had been executed by the defendant, Mike Abraham, July 12, 1955, in Dallas, Texas, as consideration for drilling a well under an alleged “turn-key” drilling contract, and for additional work thereon. In the pleadings below defendant admitted the ex...
Views: 9
Appellants were convicted of selling alcoholic liquor without a license. The sale took place at the Alpha and Omega Club, an unincorporated non-profit association, located about three miles south of the City of Clovis in Curry County. Davis was its sec^ retary and treasurer, and managed its affairs. Spahr was its salaried bartender. Incidentally, Curry County had not adopted the local option prov...
Views: 0
328 P.2d 1096 (1958) T.P. STOKES, Plaintiff and Respondent, v. Martin TUTVET and Aslaug Berg Tutvet, husband and wife, Defendants and Appellants. No. 9594. Supreme Court of Montana. August 11, 1958. *1097 Selden S. Frisbee, Cut Bank, for appellants. Ernest J. McCabe, Jr., Great Falls, for respondent. CASTLES, Justice. This is an appeal from a judgment in favor of plaintiff in an action for specif...
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The appellant, F. C. Booth, petitioned the district court for a writ of habeas corpus on August 13, 1957, alleging that his arrest was illegal; that the application for extradition did not show that he was guilty of any crime; and that the application for extradition was not made in good faith. The court issued an order for a writ of habeas corpus directed to Roy Stewart, sheriff of the County of ...
Views: 1
This action was brought to have determined by declaratory judgment the meaning of chapter 28, Laws of 1957, as it •affects the salary of police officers. That chapter amended section 11-1832, R.C.M. 1947, so that it now reads as follows: “That from and after July 1, 1957, there shall be paid to each duly confirmed member of the police department of cities of the first and second class of the state...
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*429 OPINION delivered the opinion of this court. Without contest the employee-claimant received successive monthly awards for total temporary disability occasioned by injuries received in falling to the floor while engaged in compensable employment. However, her right to receive award for total permanent disability was disputed and the trial court found she was not totally permanently disa...
Views: 2

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