Court CasesDockets from the federal courts, the state courts and the agencies, with every filing PlainSite has been able to collect. Start with what people are reading this month, watch filings arrive, or browse by state, type, year or reporter. 20,326,509 Cases on record 546,498 Filed in the past 12 months Courts 18,022 Views of the top 100 this month Plain English translations Recent Court Filings Loading Map...
United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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5
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
12
The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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16
Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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18
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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33
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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39
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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42
Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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48
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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60
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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72
More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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75
Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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92
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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95
Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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99
Gary Brustein was charged by misdemeanor information in October 2010 in the Southern District of New York with one count of unlawful possession of a controlled substance. The information alleged that Brustein, acting in the course of his professional practice, possessed a quantity of methaqualone — a sedative hypnotic drug commonly known as Quaaludes — without a valid prescription or other legal authorization. The charge was brought as a misdemeanor under the Controlled Substances Act rather than a felony, suggesting Brustein's possession was treated as an unlawful personal possession rather than distribution. The case was prosecuted in an era when methaqualone had been effectively eliminated from the legal pharmaceutical market in the United States for decades.
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100
This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
5870STATUTES-Tax Suits
9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam
9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo
Cases by the year they were filed, back to the first federal dockets of the 1790s. 2020s
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All reporters › p2d › Volume 55 Opinions in p2d, volume 55
Swaim v. Redeen Page 1 This is an appeal from a judgment of the district court of the sixteenth judicial district of the state of Montana dismissing plaintiff's complaint seeking to enjoin the county school superintendent of Rosebud county from issuing an order "consolidating by annexation" school district 22 of Rosebud county with school… Stevens v. Steck Page 7 Counsel for each of the appearing defendants in the lower court strenuously argued that the complaint herein is bad for multifariousness, both because of misjoinder of causes of action and misjoinder of parties.… Lampa v. Hakola Page 13 This is an appeal by plaintiff from an order of the trial court setting aside the verdict of the jury and judgment thereon in favor of plaintiff.… Keys v. Griffith Page 15 Action by George D. Keys against Horace W.… Action by Robert M. Boyles against the Oregon-Washington Railroad Navigation Company and others.… Compton v. Hammond Lumber Co. Page 21 Action by Ralph Compton against the Hammond Lumber Company.… Downs v. National Share Corp. Page 27 In Banc. The plaintiff Samuel U. Downs, 80 years of age at the time of the trial June 1, 1934, had been principal of a Portland grammar school for 46 years.… This suit was brought by appellant against the appellee to recover compensation under the Federal Employers' Liability Act, 45 U.S.C.A.… Varney v. City of Albuquerque Page 40 This action was brought by appellant, a taxpayer of the city of Albuquerque, to enjoin that city from issuing or marketing certain bonds to obtain funds to build a civic auditorium.… Mattes v. Baird Page 48 This action was commenced in the district court of Ottawa county on April 30, 1928, by William T.… Illinois Life Ins. Co. v. Sharp Page 48 This is an action by defendant in error brought originally against the Illinois Life Insurance Company.… This action was commenced in the district court of Carter county by the plaintiff in error, as plaintiff, against the defendant in error, as defendant, seeking to recover the sum of $1,623, which had been paid by the plaintiff to the sheriff of Carter county for taxes assessed against certain property which the… On April 22, 1931, the Great American Life Insurance Company, plaintiff in error, hereinafter referred to as defendant, issued and delivered its life insurance policy in the sum of $1,000 to John Frank Stephenson, hereinafter referred to as insured, wherein the defendant, upon the payment of the annual premium of… We will refer to the parties as they appeared in the trial court; Richards Conover Hardware Company as plaintiff, Aline Eyer and Roy G.… Lehman v. Tucker Page 62 The parties will be designated as they appeared in the district court.… Anderson v. Christburgh Page 65 The parties will be designated herein as they appeared in the trial court.… Muskogee Iron Works v. Bason Page 68 On October 12, 1929, W.F. Strain, while in the employ of the Muskogee Iron Works, received an accidental personal injury arising out of and in the course of his employment, resulting in the loss of his right eye, for which he received compensation of $18 per week for 106 1/2 weeks, together with hospital and medical… This action was instituted in the district court of Oklahoma county by F.A.… Swift & Co. v. Walden Page 71 On April 20, 1931, Mrs. L.B. Hurley sustained an injury while working for Swift Company at Ardmore.… This is an original proceeding in this court instituted by the Associated Industries of Oklahoma, an unincorporated association, and 19 other taxpaying plaintiffs, against the Oklahoma Tax Commission, as respondents, for a permanent injunction to enjoin and restrain it from enforcing the provisions of Initiative… Willett v. Miller Page 90 This cause involves the title to certain land in Payne county lying south of what was platted as lots 3 and 4, section 9, township 17 N., range 3 E., I.… Patterson v. Glass Page 95 The questions of law in this case are the same as in Willett v. Miller *Page 293 et al., No. 24058, 176 Okla.… On March 5, 1932, W.H. Herron, a 62-year old switchman with an annual earning capacity of approximately $2,500, received a fatal injury while employed by and engaged in his duties as switchman for the Missouri-Kansas-Texas Railroad Company.… Higgins v. Classen Page 101 This is an action in equity instituted in the district court of Oklahoma county by R.W.… This action was commenced in the district court of Oklahoma county by the board of county commissioners of Canadian county, hereinafter referred to as plaintiffs, against the State Highway Commission of Oklahoma, hereinafter referred to as defendants, by the filing of a petition for a writ of mandamus, ordering and… Timmons v. Hanna Construction Co. Page 110 This is an action brought by the defendant in error, hereinafter called plaintiff, against the plaintiff in error, hereinafter called defendant, in the district court of Woods county, Okla., to recover the sum of $4,445.73, which the plaintiff had been required to pay to the First National Company of Tulsa, Okla., as… Continental Baking Co. v. Campbell Page 114 This is an original proceeding instituted in this court by the petitioners, Continental Baking Company and its insurance carrier, praying a review and vacation of an order and award of the State Industrial Commission made in favor of the respondent Joe Campbell.… Wiggins v. Wiggins Page 119 This is an appeal from the district court of Woodward county.… Appeal of Higginbottom Page 122 This is an appeal from an order and judgment of the district court of Marshall county vacating a previous order of the county court of Marshall county with reference to the guardianship of Margaret V.… Dickey v. Cordell Page 126 This action was commenced in the district court of Tillman county by the plaintiff in error, as plaintiff, against H.B.… Fox v. Brown Page 129 The petitioners, John W. Fox, as employer, and the Aetna Life Insurance Company, as insurance carrier, present to this court for review an order and award of the State Industrial Commission made and entered on the 17th day of November, 1934, by which the respondent herein, A.N.… This proceeding was commenced in the county court of Pottawatomie county by E.M.… This is a tax ferret proceeding which originated before the county treasurer of Payne county, Okla., and was afterward appealed to the county court of Payne county, and is here on appeal from a judgment of the county court of Payne county, wherein the county court held that the property of the defendant in error is… This is a tax ferret proceeding which originated before the county treasurer of Payne county, Okla., and was afterward appealed to the county court of Payne county, and is here on appeal from a judgment of the county court of Payne county, wherein the county court held that the property of the defendant in error is… Cannon v. State. Page 135 Plaintiff in error was by Geo. C. Crump, judge of the district court of Hughes county, on the 15th day of October, 1934, adjudged to be in direct contempt of court and to pay a fine of $50.… In Re Hasbrouck Page 141 This is a special proceeding to detach certain lands of respondent, Harold E.… Hasbrouck v. City of Nampa Page 141 This is a special proceeding to detach certain lands of respondent, Harold E.… On July 5, 1930, plaintiffs, six Independent School Districts in Twin Falls County, brought this action against defendants, twenty-five other school districts and their officers in the same county, for recovery of judgment against defendants for moneys unlawfully received and apportioned as public school moneys… On July 5, 1930, plaintiffs, six Independent School Districts in Twin Falls County, brought this action against defendants, twenty-five other school districts and their officers in the same county, for recovery of judgment against defendants for moneys unlawfully received and apportioned as public school moneys… Respondent's automobile, in which he was driving across appellant's main line tracks at Heyburn, was struck by the engine of a freight train, practically demolishing the car, throwing respondent out of it, and severely injuring him, for which he recovered damages in this action.… The appeals herein seek to determine the priorities in certain property of the Constitution Mining and Milling Company, hereafter referred to as the mining company, as between labor lien claimants, White, Neault, King and Golsong, and an attaching creditor, Wilson.… Short v. Thompson Page 163 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… State Tax Commission v. Backman Page 171 This appeal is for the purpose of deciding whether a bequest to the University of Utah is subject to the state inheritance tax.… Max Factor & Co. v. Kunsman Page 177 5 Cal.2d 446 (1936) MAX FACTOR & CO. (a Corporation) et al., Appellants, v. CLARENCE G.… Pyroil Sales Co. v. Pep Boys Page 194 By stipulation of counsel and order of court, the above-entitled cause was ordered submitted, and to be decided concurrently with Max Factor & Co. et al.… Plaintiff sued to restrain defendants from discharging her from a position as teacher in the Calistoga High School, her claim being that she was a permanent teacher with tenure.… Larsen v. Apollonio Page 196 This action was brought to quiet plaintiffs’ title to the waters of a stream, which will be later referred to and described, and to enjoin the defendant from diverting, pumping or otherwise interfering with said waters.… Freeman v. River Farms Co. Page 199 A dismissal having been filed as against all defendants except the River Farms Company, there is but one defendant involved herein, although by the title it appears otherwise.… Forbis v. Holzman Page 201 This is an action for wrongful death by the surviving husband and daughter of Beulah Forbis, deceased.… Petition for writ of prohibition commanding the respondents to desist and refrain from further proceedings in an application in the respondent court for an order directing arbitration.… In Re McConnell Page 205 This is a petition for a writ of habeas corpus and writ of certiorari ancillary thereto.… County of Los Angeles v. Legg Page 206 In this proceeding the petitioner asks for a peremptory writ of mandate, to compel respondent, as Chairman of the Board of Supervisors of the County of Los Angeles, to sign certain tax anticipation notes proposed to be issued by the county under authority of section 3719 of the Political Code (Stats.… Tatlow v. State Bar Page 214 The petitioner was required by a notice dated August 7, 1934, to show cause why he should not be disciplined for unprofessional conduct.… Giometti v. Etienne Page 216 Motion to dismiss upon the ground that the judgment appealed from has been satisfied and- the issues have become moot.… Knapp v. Bergman Page 218 This appeal is from a judgment in an action quieting plaintiff’s title to five acres of land situate in the “Carmichael Colony’’, county of Sacramento.… Everts v. McFate Page 223 This action was brought to recover the deficiency remaining unpaid upon a note originally secured by a deed of trust after sale of the property.… People v. Williams Page 223 12 Cal.App.2d 207 (1936) THE PEOPLE, Respondent, v. OTIS WILLIAMS, Appellant.… Gross v. Fox Ritz Theatre Corp. Page 227 From the record herein, it appears that on a date specified in a complaint in aji action that was brought by the plaintiff against the defendant, it was alleged that the defendant was the owner and the operator of a motion picture theatre “open to the public and charging admission from its patrons”; that after paying… Palen v. Palen Page 228 In an action in the state of Missouri plaintiff herein was awarded a decree of divorce from defendant and was granted an alimony allowance.… The plaintiff has appealed from a judgment which was rendered against him pursuant to an instructed verdict of a jury.… Brown v. Waldo Page 240 12 Cal.App.2d 185 (1936) A. G. BROWN, Appellant, v. ROLLIN F.… Brown v. Waldo Page 240 This action was brought to recover the deficiency remaining unpaid upon a note originally secured by a deed of trust after sale of the property.… Mortgage Guarantee Co. v. Margolin Page 247 From the record herein, it appears that in an action brought to recover the amount of a deficiency in the proceeds of a trustee’s sale under a deed of trust securing a promissory note, a general demurrer was sustained to the amended complaint; and it is from .the ensuing judgment of dismissal of the action that the… Beck v. Arnold Page 247 This matter comes before this court on a ¿lotion to dismiss appeal or affirm the judgment of the trial coijirt, on the grounds that the appeal is taken for delay, and that the questions presented, upon which the decision of the cause here depends, are so unsubstantial as not to require furtb¡er extended argument.… White v. Barker Bros. Page 248 Plaintiff, a guest passenger in an automobile driven by her daughter, was awarded damages of $5,000 by a jury for injuries suffered when the vehicle in which she was riding collided at a street intersection with a truck owned by defendant corporation and operated by defendant Anderson.… People v. Mason Page 249 Appellant was charged by information with the crime of petit theft, and with having theretofore been convicted of a felony, to wit, burglary, and having served a term therefor in the state prison, which under the provisions of section 667 of the Penal Code, constitutes a felony.… Nevin v. Mercer Casualty Co. Page 251 The plaintiff recovered judgment against one James J.… Roberts v. Bomash Page 254 Defendant and appellant, to the commencement of this action, had filed a petition in bankruptcy and received his discharge.… Prato v. Snyder Page 255 This is an appeal from a judgment for $30,000 in favor of the plaintiffs based upon personal injuries received by the minor plaintiff, who will hereinafter be referred to as the respondent.… Jones v. Pier Page 259 A community oil lease was executed on October 10, 1922, by W.… Sutton v. Sutton Page 261 To plaintiff’s suit for separate maintenance her husband filed a cross-complaint for annulment of their marriage and was successful in the trial court.… Gonzales v. Ito Page 262 This is an appeal by the plaintiff from a judgment against him in an action for declaratory relief wherein he sought to have the court determine the legal effect of a transfer by two aliens not eligible to citizenship, named Ito, of certain property used for commercial purposes.… Resh v. Pillsbury Page 264 The plaintiff conveyed three pieces of property by grant deed to the defendant William H.… Teed v. State Board of Equalization Page 267 This is an appeal from a judgment against petitioner, in a proceeding for a writ of prohibition, entered after sustaining a demurrer to her petition without leave to amend.… Papini v. Alexander Sanitarium, Inc. Page 270 The plaintiffs sued for damages resulting from the death of their son, Joseph Papini, and had a verdict for $3,500.… Ives v. Prudential Insurance Co. Page 273 Plaintiff seeks to recover disability benefits under two policies of life insurance which he claims are due *307 him for total and permanent disability dating from September 10, 1926.… This action was commenced by the heirs of Albert T.… City of Los Angeles v. Forrester Page 277 This is an appeal by plaintiff from an order of the trial court denying a motion after judgment for an order directing issuance of a writ of possession.… Hodgkins v. American Trust Co. Page 279 On the denial of a petition for ratable partial distribution, the probate court determined the persons to whom, and the manner in which, distribution should be 4iade.… Wilfert v. Peters Page 283 An action for damages in which the defendant was charged with malpractice.… Prescott v. Farquhar Page 283 In about the month of September, 1930, plaintiffs herein filed an action in claim and delivery against one Ray Dillingham, praying for the recovery of cer-' tain personal property then in the possession of said defendant or for the value thereof in case a delivery could.not be had, together with damages for the… Jacobson v. Mead Page 285 When plaintiffs in January of 1927 signed an agreement to purchase a city lot they demanded that there be inserted in the contract, in addition to the usual street improvement provisions therein contained, a further covenant that vendor would plant trees in the parkway along the street upon which the lot faced.… People v. Canales Page 289 Defendant was charged with a violation of chapter 359 of the Statutes of 1925, as amended in 1931, commonly known as the Deadly Weapons Act, in that at a *217 certain time and place he -did “unlawfully, maliciously, and feloniously possess an instrument or weapon of the kind commonly known as a black jack or billy”.… Gimenez v. Rissen Page 292 These appeals are prosecuted from judgments entered upon directed verdicts.… People v. Simmons Page 297 The defendant was convicted j>f child stealing as provided in section 278 of the Penal Code.… Cooper v. Superior Court Page 299 By this proceeding petitioner seeks an order from this court by which a former order that was made *337 by the trial court will be annulled.… Krohn v. Patrick Page 301 The appeal from the judgment in this action presents primarily the question whether Troy Patrick, one of the respondents (hereinafter called Patrick), was an employee of respondents Superbo Manufacturing Co., a corporation ; Superbo Water Heater Co., Julius Brombacher, doing business as Superbo Water Heater Co., and… On September 9, 1929, Ludvig Novosel, Jr., deceased, then sixteen years of age, applied to the Sun Life Assurance Company, herein called the insurance company, for a policy of insurance on his life, in the sum of $3,000, making Ludvig Novosel and Annie Novosel, his parents, the beneficiaries of the policy.… Hunter v. State of Arizona Page 310 [1-3] Horace Hunter appeals from a conviction of first degree murder and a judgment and sentence to life imprisonment.… Sullivan v. State of Arizona Page 312 Jack Sullivan, hereinafter called defendant, was informed against by the county attorney of Cochise county for the crime of murder.… Miller v. People Page 320 IN this opinion we will refer to plaintiff in error as defendant or by name.… Eisele v. Barnhart Page 321 ANNA Barnhart brought this action against Wilbert E.… PLAINTIFFS in error are hereinafter referred to as the County and defendants in error as the Society.… Kenney v. Eccker Page 327 the opinion of the court. The parties are here aligned as in the trial court and reference will be made to them in this opinion as plaintiffs and defendants.… Ross v. Cappon Page 329 This action was brought by respondent, as assignee, for the balance due under a conditional sales contract dated July 7, 1934, made by Chas.… Lucas v. Andros Page 330 The appellant, as plaintiff, sued to recover certain installments claimed to be due to him under the terms of a written conditional sales contract made by him, as vendor, to the respondent husband, as vendee, covering certain described articles of personal property.… Swanson v. White & Bollard, Inc. Page 332 This is an appeal from a judgment of dismissal entered after the court had sustained a challenge to the sufficiency of the evidence and discharged the jury, at the close of appellant’s case.… Fick v. Jones Page 334 BEALS, TOLMAN, and HOLCOMB, JJ., dissent.… Betz v. Tower Savings Bank Page 338 In their amended complaint in this action, plaintiffs alleged the corporate existence of the two defendants first named in the caption of the action, and that the third defendant, John Bjorklund, was the regularly elected sheriff of Pierce county.… Schatter v. Bergen Page 344 This is an action by a minor, six years of age, appearing by his father as guardian ad litem, to recover for personal injuries sustained by reason of the alleged negligence of the defendants.… The opinion of the court was delivered by Six mortgage-foreclosure cases, all of which were commenced by the same plaintiff, have been consolidated on appeal, and the appeal in each of them has been taken by the plaintiff from the ruling of the trial court granting an extension of the eighteen-month period of… State v. Pore Page 348 The opinion of the court was delivered by This is an appeal by defendant from a judgment and sentence as a persistent violator of the prohibitory law, following a verdict of guilty to that effect.… The opinion of the court was delivered by This appeal is concerned with the validity of a provision of the emergency fee-and-salary act of 1933, which temporarily superseded the preexisting statute touching the sheriff’s per diem allowance for attending the county jail.… Patterson v. Citizens National Bank Page 352 The opinion of the court was delivered by This was an action for the conversion of four bonds of the state of Kansas of the face value of $1,000 each.… Clark v. Walworth Page 355 Defendant in error, hereinafter referred to as plaintiff, commenced this action in the district court of Creek county, against plaintiff in error, hereinafter referred to as defendant, to recover damages for alleged personal injuries.… Kirby v. Kirby Page 356 The opinion of the court was delivered by This was an action for a divorce, and from a judgment in favor of plaintiff the defendant appeals.… Grable v. Childers Page 357 This action was instituted in the district court of Oklahoma county by Mrs. Wilma Grable, as plaintiff, against C.C.… Douglas v. Douglas Page 362 This action was commenced as a suit in equity by James P.… State v. Freeman Page 362 The opinion of the court was delivered by This is a consolidated appeal of three separate criminal actions.… Huffman v. Wilkes Page 366 The opinion of the court was delivered by This was an action for damages predicated upon the alleged wrongful acts of defendants in refusing to permit the teller of a bank on which it was drawn to pay plaintiff’s check, he having to his credit in a checking account the amount of his check.… Morton v. Flanagan Page 373 The opinion of the court was delivered by This was an action to construe the will of Dora E.… The opinion of the court was delivered' by This is an appeal by the plaintiff from an order of the trial court granting an extension of the eighteen-months period *395of redemption under the provisions of the second moratorium law of 1935 (ch.… Atwood v. Cox, District Judge Page 377 (concurring). I concur in the order denying the petition for a permanent writ of prohibition and dissolving the alternative writ heretofore issued. Alliston v. Shell Petroleum Corp. Page 396 The opinion of the court was delivered by Plaintiff brought this action for damages for the permanent injury to the fresh-water supply and water wells on land alleged to have been caused by salt water which defendants negligently and unlawfully permitted to escape from oil wells operated by them.… State Ex Rel. Harden v. Edwards Page 402 This is an original proceeding in this court for a writ of mandamus to require the Honorable H.H.… Westhusin v. Landowners Oil Ass'n Page 406 The opinion of the court was delivered by The action was one by landowners to cancel a mineral royalty conveyance.… Fitch v. United Royalty Co. Page 409 The opinion of the court was delivered by This was an action to cancel a deed conveying a royalty interest in Sumner county land to the United Royalty Company, a common-law trust domiciled in Oklahoma.… Sauberli v. Sledd Page 415 The opinion of the court was delivered by This action was brought by the receiver uf a corporation to recover from defendant alleged misappropriations of money which it is claimed belonged to the corporation.… First National Bank v. Smith Page 420 The opinion of the court was delivered by This was an action to set aside a deed alleged to have been made to defraud creditors.… *287The opinion of the court was delivered by This was an action in the nature of a creditor’s bill to set aside certain alleged fraudulent conveyances and to subject the property to the satisfaction of plaintiff’s claims allowed in the probate court.… Kirsch v. Tracy Page 428 Ollie Tracy and Eva Stutsman brought an action in the district court of Oklahoma county against John Kirsch and J.C.… This is an action by John Farris to recover a money judgment on a policy of fire insurance issued by the defendant, Commercial Union Fire Insurance Company of New York.… This is a suit on a contract of insurance.… Replogle v. Neff Page 436 This is an equity proceeding commenced in the superior court of Okmulgee county on February 16, 1931, by Charles R.… W.J. Wallace and A.E. King commenced this action against plaintiff in error, J.S.… Biser v. Biser Page 446 This case presents error from the district court of Le Flore county, Okla.… Wills v. National Mineral Co. Page 449 Plaintiff sued to recover for personal injuries sustained when she unwrapped an article of machinery manufactured, wrapped, and shipped by defendant, alleging that by reason of defective wrapping and absence of warning a plunger shot therefrom and entered her head.… William Cullen Bryant appealed from a finding of the Secretary of State that Initiative Petition No. 142 was insufficient.… This is an appeal from an order of the Secretary of State holding sufficient Referendum Petition No. 71, State Question No. 216.… Simms v. Prather Page 463 This action was instituted in the court of common pleas of Oklahoma county by the plaintiff, D.C.… Riedell v. Lydick Page 465 This action was originally commenced in the district court of Logan county by J.D.… Russell v. Beutelschies Page 466 The parties appear here as they appeared in the trial court and will be referred to in this opinion as plaintiffs and defendants.… This action involves the question of allowance of the statutory interest bearing rate on a deposit after the date of insolvency of a bank.… Lowden v. Caddo County Excise Board Page 472 This appeal from the Court of Tax Review seeks to reverse that court's order overruling certain tax protests relating to the general fund of six separate school districts in Caddo county for the fiscal year 1934-35.… Wilde, State Ex. v. Richards Page 476 The Riverton State Bank, subsequently herein usually referred to as the "Bank," was on the 31st of May, 1932, and prior thereto, engaged in conducting a banking business in the Town of Riverton, Wyoming, having been authorized so to do under the banking laws of this commonwealth.… On March 25, 1935, Kuenzell and others filed a petition pursuant to the Mortgage Moratorium Act of January 31, 1935 (Stats.… People v. Cabrera Page 481 In an information filed by the district attorney of San Bernardino County the defendant was charged with the murder of Alberta Smith.… People v. Kimball Page 483 Defendant, a youth twenty-two years of age, was charged with murder in an information filed by the district attorney of the county of Placer.… Wilson v. Brown Page 485 This was a suit for specific performance of an option to purchase contained in a lease of service station premises situated in Petaluma.… Bryce v. O'BRIEN Page 488 The action is one to quiet title to real property, and involves the rights of the respective parties *616 as to claims arising under a forged, deed, one signed by plaintiff but placed in the hands of another party with the name of the grantee left blank.… People v. De Moss Page 489 The defendant De Moss was convicted of the crime of murder of the first degree, and the death penalty was imposed.… Brown v. Ruffenach Page 491 This appeal is taken from an order of the Superior Court of Los Angeles County, sitting in probate, denying any allowance for attorney's fees to the County Counsel of Los Angeles for services rendered the Public Administrator in the administration of the above estate.… 5 Cal.2d 550 (1936) AGRICULTURAL PRORATE COMMISSION OF THE STATE OF CALIFORNIA et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents.… Noakes v. Lutgens Page 515 E. May Noakes, sister and guardian of George B.… People v. Hirschbein Page 516 This is designated by appellant as an! appeal from “verdict and judgment”.… Pratt v. Hopper Page 517 This is an appeal by the plaintiff from a judgment entered against her in an action brought to recover a deficiency on a note secured by trust- deed aftpr the security was sold.… Plaintiff sued for goods sold and delivered to the county.… It was alleged in an accusation filed with the Board of Dental Examiners that appellant herein was licensed to practice dentistry under the name of Harold Richard Cuffield, and that, at the times specified in the accusation, he unlawfully used a certain false and assumed name, to wit, “Doctor Gordon”, in carrying on… People v. Dunlap Page 522 Defendant was charged by information with the crime of robbery, a felony.… On March 23, 1929, the defendant loaned $15,000 to one S.… Rancho La Sierra, Inc. v. Bixby Page 527 Respondent corporation was organized in 1924 with a board of seven directors.… Hoover Co. v. Groger Page 529 Plaintiff seeks to enjoin the publication!… Barton v. Maal Page 529 The defendant appeals from a judgment against him foreclosing a mortgage.… Bechtel v. Clemons Page 531 Defendants executed their promissory note dated August 12, 1932, secured by deed of trust.… This is an application for a writ of prohibition to prevent the Superior Court of Imperial County from taking any action or exercising any jurisdiction in a certain proceeding for debt relief instituted in that court under the provisions of chapter 348 of the Statutes of 1935 (Stats.… Plaintiff sued defendant on common counts *439 for money had and received in the sum of $1376.98.… Estate of Taylor Page 537 This is an appeal from an order in probate, discontinuing a widow’s allowance which had been granted in the sum of $175 per month by orders made June 4, 1934, before filing of the inventory, and August 16, 1934, after such filing.… Mazman v. Brown Page 539 Samuel Mazman, in his lifetime while married to Thelma Mazman, plaintiff and appellant herein, took out a policy of insurance in the State Life Company of Indianapolis, Indiana, on his life in the sum of $5,000, and up to the time of his accidental death paid all premiums thereon with community funds.… Tolle v. Doak Page 542 The procedure required to be taken by a judgment creditor, more than five years aiter the judgment is entered, to secure the allowance of .the judgment against the estate of the judgment debtor, who £ied in the meantime, is the sole question for consideration in this ease.… This proceeding is a review of an award by the Industrial Accident Commission.… This is an appeal on the judgment roll alone from a judgment in favor of defendants after a trial before a court without a jury.… Pandolfo v. Jackson Page 550 An automobile owned by the defendant Morris Goldman Manufacturing Company and driven by the defendant Minnie D.… Edgington v. Southern Pacific Co. Page 553 The defendant, Southern Pacific Company, appeals from a judgment for $7,500 entered in plaintiff’s favor after trial by a jury.… People v. Levine Page 556 The appellant was convicted by a jury of second degree robbery.… In re Heegstra Page 558 The petitioner has applied for a writ of habeas corpus.… In Re Boehme Page 559 petitioner was convicted of violating section 23 of the Barber Shop Law as amended by adding thereto subdivision (j) (chap.… Russell v. Smith Page 562 This is an appeal by plaintiffs from a judgment entered in favor of defendant after an order granting his motion for nonsuit.… Brugger v. Lee Yim Page 564 The plaintiffs, who are lessees in possession of a mining claim known as the Old Pete Extension *39 claim instituted this action in trespass against the defendants who are owners of an adjoining claim known as the Old Pete claim.… Ross v. McDougal Page 574 Plaintiffs brought this action to recover $600 principal and $139.82 interest, alleged to be due and unpaid on a conditional sales contract of real property Besides an *174 swering, defendants filed a cross-complaint seeking to 'rescind the contract because of a partial failure of consideration.… Johnson v. City of Glendale Page 580 Plaintiff appeals from a judgment entered in defendants’ favor after an order sustaining a demurrer to plaintiff’s complaint.… In Re Moffett Page 584 Petitioner filed his petition for a writ of habeas corpus to secure his release from the jail of Tulare County, where he was confined by the sheriff under a judgment of a justice of the peace sitting in Orosi Township in Tulare County.… Polk v. Weinstein Page 588 The defendants have appealed from a judgment awarding the plaintiff damages for injuries suffered in an automobile collision.… Bliss v. Richardson Page 591 The defendant, as State Superintendent of Banks, has appealed from a judgment which was rendered against him in a suit for notary’s fees for services performed by the plaintiff at the request of California Trust and Savings Bank, which fees were paid to and retained by said bank in a trust fund, and determined to be… L'Hommedieu v. Johnson Page 597 Appeal from an order granting the Public Administrator of Contra Costa County letters of administration with the will annexed of the above estate, and denying the petition of the nominee of the surviving sister of decedent for letters.… Banta v. Rosasco Page 601 Plaintiff, as executrix of the will of Joseph Rosasco, deceased, brought this action to foreclose a mortgage executed to Joseph Rosasco, to secure the payment of a promissory note in the sum of $10,000.… July 31, 1931, Ruth M. Smith, who was then engaged in extrahazardous work and within the scope of the workmen's compensation act, suffered an injury to her hand, for which, after the filing of a *Page 444 claim, she was allowed compensation.… Nicolai v. Desilets Page 604 This action was instituted by the receiver of The Sixth Avenue Sun Drug Co., Inc., a corporation, to have set over to him the lessees' interest in a certain five-year lease, on property theretofore occupied by the corporation, made by I.O.… Blair v. Hewitt Page 607 This is an appeal from an order confirming the sale of personal property sold under a special execution.… The sublease entered into by appellant on March 29, 1929, contained the covenant that he would buy gasoline at respondent's posted tank wagon price at its office at Everett.… Gabalis v. Campbell Page 615 This is an unlawful detainer action tried to the court sitting without a jury.… General Motors Truck Co. v. Pearson Page 616 During the month of October, 1934, General Motors Truck Company, a corporation, sold, by contract of conditional sale, a truck and trailer to Kenneth C.… Wittenberg v. Wittenberg Page 619 With all due respect to the trial court, we feel that the evidence in this case is so preponderantly in favor of the defendant that the customary disinclination of appellate courts to disturb the findings of the courts below, where the evidence is conflicting, cannot be justifiably invoked here.… Itcaina v. Marble Page 625 We contend that there is no conflict in the evidence to the effect that both appellant and respondent grazed and watered their livestock on the open unappropriated public domain within the disputed area since the year 1909.… Lee Tire & Rubber Co. v. McCarran Page 633 Any change in the obligation or the duty of the principal debtor before the liability of the guarantors is finally settled will release them.… This is an appeal by F.H. Mitchell from a judgment in favor of the Vulture *Page 251 Mining Milling Company, a corporation, entered on a directed verdict granted upon motion of the defendant at the close of the plaintiff's case.… This is an appeal from a judgment in favor of Firestone Tire Rubber Company of California, a corporation, hereinafter called the California company, and Firestone Service Stores, Inc., of Phoenix, an Arizona corporation, hereinafter called the Phoenix company, against M.H.… Barber v. State of Arizona Page 654 R.O. Barber, hereinafter called petitioner, has brought before us for review an award of the Industrial Commission made August 12, 1935.… State of Arizona v. Hiler Page 656 This is an appeal by the state from an order sustaining a demurrer to an information against respondent for unlawfully killing a cow the property of another.… This is an action in equity to enforce a trust.… Dacus v. Maryland Casualty Co. Page 663 Appellant, Maryland Casualty Company, a corporation, was the defendant, and the appellees were the plaintiffs, in the trial court.… For some years prior to November 1, 1931, Southspring Ranch Cattle Company, a corporation, hereinafter called "the Ranching Company," had been indebted in substantial amount to Pacific National Agricultural Credit Corporation, the appellee herein.… This action involves the constitutionality of Chapter 55 of the 1935 Session Laws of the legislative assembly relating to the salaries of policemen in cities of the first class, and in all other cities which have or may elect to come under the provisions of Chapter 120 of the 1929 Session Laws defining the… Kroehnke v. Gold Creek Mining Co. Page 678 The rule is well understood that in actions upon contract the place of performance is the venue of the action and presumably, *Page 22 where there is no other provision, the place of performance is the residence of the creditor.… The trial court erred in overruling the objection to the question asked the witness Henry Peterson by counsel for plaintiff whether or not he sent reports of accidents suffered to the insurance company in Butte.… State Ex Rel. Nagle v. Kelsey Page 685 This is an original proceeding in quo warranto brought by the Attorney General on behalf of the state against one Frank T.… This is an appeal from a judgment of the district court of Judith Basin county rendered in a proceeding brought to review *Page 3 the action of a justice of the peace in ordering the release of property, claimed as exempt, from attachment.… Stewart v. Standard Publishing Co. Page 694 Respondent's complaint does not state facts sufficient to constitute a cause of action, for the reason that she has failed to allege and prove the breach of any duty owing by appellant to respondent that resulted in damages to the respondent.… Brennan v. Jones Page 697 This case was tried by the respondents, and evidently the trial court agreed with them upon the theory that under the provisions of the decree in Ravalli Land Irrigation Co. v.Nicols, dated July 29, 1916, the company owned not only the right to use the water upon the lands for which it was appropriated for irrigating… delivered the opinion of the court. This case is one in which the petitioner Yan DeYegt sought to procure from the county court of Larimer county a writ of mandamus to compel the board of county commissioners of the county to issue a liquor license permitting him to sell liquor in his drugstore situated 700 feet south… Di Gregorio v. Monroe Coal Co. Page 715 THIS is a workmen's compensation case. Plaintiff in error is hereinafter referred to as claimant and *Page 268 defendants in error as the Coal Company, the Insurance Company, and the Commission respectively.… C.F. Johnson, to secure payment of his promissory note payable to respondent, made, executed and delivered to it a mortgage, on his farm in Twin Falls County, which was recorded in the office of the county recorder October 9, 1925.… This suit was commenced for the purpose of restraining the sale of certain shares of the stock of the appellant owned by the respondent, as well as for the purpose of procuring an order requiring appellant to bring its books and records within the jurisdiction of the court, and also to obtain an order granting… McRae v. School District No. 23 Page 724 September 9, 1925, respondent sustained an injury by accident arising out of and in the course of her employment as a teacher by School District No. 23 of Payette Comity.… Heisler v. Heisler Page 727 This is a suit for the dissolution of the marriage contract.… Mattechek v. Pugh Page 730 Action by R.J. Mattechek against Percy J.… On August 28, 1914, appellant issued and delivered to W.N.… McCulloh v. Doyle Page 739 G.T. McCulloh sued J.H. Doyle, Jr., for $1,265.85 which he alleged was one-half the loss suffered on 1,318 bags of beans bought by the parties as a joint venture.… State v. Hall Page 740 The opinion filed October 3, 1935, is withdrawn, and the following is substituted therefor.… State v. Riley Page 743 Defendant was convicted of horse stealing.… This is an appeal by Josefita M. de Otero, executrix of the last will and testament of Eduardo M.… Utley v. State Industrial Com. Page 750 This is an action by the insurance carrier and employer of an employee who was injured while working within the boundaries of the Fort Sill Military Reservation at Lawton, Okla., to review an award of the State Industrial Commission in favor of the injured employee, J.S.… Respondent, Metropolitan Life Insurance Company, has filed a petition for a rehearing, a petition for modification of the order made by this court, and brief in support thereof.… Alles v. Interstate Power Co. Page 751 This action was commenced in the district court of Payne county by S.P.… Suit in replevin by defendant in error, as plaintiff, against the plaintiffs in error to recover possession of certain certificates of stock of which plaintiff alleged she was the owner and entitled to immediate possession.… Keeler v. Wynn Page 754 George B. Keeler was a member of the Cherokee Nation and received as his homestead allotment a certain tract of land near the city of Bartlesville.… Fairmont Creamery Co. v. Carsten Page 757 This action was filed in the district court of Caddo county by Ed Carsten against Fairmont Creamery Company of Lawton, Okla., and Vernie Hart, seeking damages for personal injuries.… Utley v. State Industrial Comm. Page 762 On Muy 10, 1933, Alfred Hale was injured while engaged in a hazardous employment on the Fort Sill Military Reservation near Lawton, Okla., in the employ of Jerome A.… This is an original action to review an award of the State Industrial Commission.… Mason v. Rose Page 765 The record on this appeal discloses many facts, only the following of which are deemed material and pertinent to a decision herein: On March 18, 1920, pursuant to applicable statute, Issac Mason, as foreign guardian of the person and estate of his minor son Isaac, Jr., both father and son being residents of the… Lowe v. Hickory Page 769 On and prior to March 30, 1928, the defendant, Addie Hickory, was in possession of certain land claiming to own the same as heir of the allottees, Simpson Hawkins and Bunnie Hawkins.… Tulsa Rig, Reel & Mfg. Co. v. Case Page 777 This is an original proceeding in this court by the employer and insurance carrier to review an award of the State Industrial Commission against them and in favor of Frank Case, employee, awarding compensation under the Workmen's Compensation Act for accidental personal injuries sustained by said employee.… National Aid Life Ass'n v. Clinton Page 781 On October 27, 1932, George W. Clinton, as plaintiff, on consideration of a jury, recovered judgment in the district court of Garfield county, Okla., against the National Aid Life Association, as defendant, upon a $1,000 life insurance benefit certificate issued upon the life of his wife, Amanda C.… McDonald v. Epps Page 788 This action was commenced in the district court of Oklahoma county to recover damages for alleged wrongful death.… Selsor v. State Page 789 The plaintiff in error, Henry Selsor, was convicted in the district court of Tulsa county, upon an information in substance charging that in said county, on the 20th day of March, 1935, he with intent to defraud the Tulsa Boiler & Machine Company, a corporation, did then and there unlawfully, fraudulently, designedly… Collins v. State Page 790 Plaintiff in error, hereinafter called defendant, was convicted in the district court of Muskogee county of an attempted rape in the first degree and was sentenced to serve a term of 37 years in the state penitentiary.… Kennedy v. State Page 792 Plaintiff in error, hereinafter called defendant, was convicted in the county court of Canadian county of unlawfully transporting intoxicating liquor and was sentenced to serve a term of 60 days in the county jail and to pay a fine of $150.… Smith v. Kay Page 794 Proceeding by G.E. Smith against E.G. Kay and others.… Cool v. Schweberger Page 796 Action by J.E. Cool and others, known as the Harty Creditors' Committee, against John Schweberger.… City of Portland v. Pratt Page 799 Mandamus proceeding by the City of Portland against Martin T.… Takiguchi v. State of Arizona Page 802 The county attorney of Maricopa county in September of 1934 filed in behalf of and in the name of the state, in the superior court of said county, a complaint alleging that the defendant N.… This is the second time this case has been before us on appeal.… Takehara v. State of Arizona Page 806 This case is ruled by the decision in Takiguchi v. State (No. 3665), ante, p.… Morimoto v. State of Arizona Page 806 This case is ruled by the decision in Takiguchi v. State (No. 3665), ante, p.… Jeter v. Sapp Page 812 This is an appeal by Elva E. Jeter, formerly Elva E.… State ex rel. Stanley v. Robb Page 815 The opinion of the court was delivered by This is an original proceeding in mandamus seeking to direct the state auditor to register an issue of Wyandotte county poor-relief bonds dated March 1,1936, in the sum of $250,000.… Protection State Bank v. Baker Page 818 The opinion of the court was delivered by Upon an examination of appellee’s motion for a rehearing, it appears that no arguments bearing on the question of homestead are presented which were not considered on the original submission of the cause, and said motion is denied.… Westerland v. Argonaut Grill Page 819 This action is one to recover damages by respondent because of injuries sustained by the *Page 412 use of excessive force by the agent of appellant in ejecting respondent from a beer parlor operated by appellant in Seattle.… Stover v. Winston Bros. Co. Page 821 This is an action to recover wages for work performed by the plaintiff and a large number of other workmen whose claims were assigned to him, in the construction of the "Diablo Dam," pursuant to a contract between the defendant corporation and the city of Seattle.… McDonald v. McDonald Page 827 Appellant and Beulah B. McDonald (now Beulah B.… In Re MacDonnell's Estate Page 834 It is ordered that a rehearing be granted in the above-entitled matter as to the claim of Ross Burke Co. only.… MacDonnell v. Arnott Page 834 It is ordered that a rehearing be granted in the above-entitled matter as to the claim of Ross Burke Co. only.… O'Leary v. Herbert Page 834 Plaintiffs each brought an action claiming damages against the defendants and seeking injunctive relief.… Roark v. State Bar Page 839 This proceeding was instituted to review an order of the Board of Governors of The State Bar of California, adopting the findings of local administrative committee No. 3 of San Diego County, and recommending to this *666 court that petitioner he disbarred from further practice of the law in this state.… Constantian v. Mercedes-Benz Co. Page 841 This appeal is taken by the defendant from a judgment for the value of property rented to it by the plaintiffs and destroyed by fire admittedly without fault or negligence upon the part of the defendant.… In Re Murdock Page 843 A demand was issued by the Governor of the state of Montana for the return of petitioner and he was taken into custody upon a warrant of rendition in which the crime stated was that of “Escape, a felony”.… People v. Burkhart Page 846 In the superior court defendant was accused of the crime of violation of section 112 of the California Vehicle Act, a felony, it being specially set forth in the information that on March 7, 1935, he drove an automobile “along and upon a public highway while under the influence of intoxicating liquor”.… A hearing was granted in this case, after decision by the District Court of Appeal, Second Appellate District, Division One, in order that it might be considered and determined together with Inyo Chemical Co. v. City of Los Angeles, L.… 5 Cal.2d 525 (1936) INYO CHEMICAL COMPANY (a Corporation), Respondent, v. CITY OF LOS ANGELES (a Municipal Corporation) et al., Appellants.… Nelson v. Fernando Nelson & Sons Page 859 A hearing was granted in this case after decision by the District Court of Appeal, First Appellate District, Division One.… California Trust Company, as executor of the estate of R.… The plaintiff Farmers and Merchants National Bank of Los Angeles, a creditor of the Bartlett Music Company, sued on its own behalf and on behalf of all the other creditors of that company to obtain an accounting and other relief from the trustees under an assignment for the benefit of the creditors of the music… We herewith adopt as a part of our opinion the opinion of the District Court of Appeal, Third Appellate District, by Pullen, P.… The predecessors in interest of the plaintiff and respondent lent the Lakeview Oil and Refining Company the sum of $140,000, secured by a note in the usual form, executed by said Lakeview Oil Company.… People v. Rambout Page 889 This is a motion by defendant to dismiss an appeal taken by the People from a certain order made and entered by the trial court or to affirm the order.… People v. Gallagher Page 889 Appellant was charged by information with violation of the State Narcotic Act in having in his possession a preparation of morphine.… This is an appeal by plaintiff from a judgment entered upon a directed verdict.… Lindsey v. Commercial Discount Co. Page 896 Plaintiff: and respondent, hereinafter called dealer, in the conduct of a used-car business, had made arrangements with the defendant and appellant for financing in connection with the operation of the said business.… This is an appeal from an order striking out the entire memorandum of costs filed by the appellant.… This action was brought under the provisions of section 3804 of the Political Code to recover certain alleged excess taxes paid by plaintiff in the years 1927, 1928 and 1929 on certain real property located in the city of Los Angeles.… Abbey v. Zimmerman Page 903 This is an action to set aside a conveyance executed on January 12, 1932, by Ida Mae Zimmerman, now deceased, purporting to convey to defendant Zimmerman title to about forty-one acres of improved land in Orange County.… People v. One Ford V8 Tudor Sedan Page 908 This proceeding was instituted by the state under the authority of the State Narcotic Act for the forfeiture of the automobile above described, which the state seized while it was being used admittedly for the unlawful purpose of transporting narcotics.… This is a petition for a writ of certiorari.… People v. Novo Page 915 The defendant was charged in two separate counts of an information, first, with burglary committed by entering a dwelling house in the nighttinie with the intent to commit a felony, to wit, rape, and, seeonjl, with an assault upon a female person who was not his wife, by means of force, violence and the use of a… Stewart v. Leasure Page 917 By this action plaintiff seeks to have a chattel mortgage declared null and void, and to have *654it adjudged that defendants have no right, title or interest in the personal property described therein.… The plaintiff, who is named as beneficiary in a life insurance policy, has appealed from a judgment which was rendered against her on the ground that the contract was void because of false statements made by the insured in her application therefor.… People v. Shepherd Page 923 The People moved to dismiss the appeal of defendants on the grounds hereinafter set forth in detail.… People v. One Lincoln Eight, Etc. Page 925 The State appeals from an adverse judgment entered in the present proceeding which the State instituted under the State Narcotic Act for the forfeiture of the automobile above described.… This is a petition for a writ of certiorari to review an order of the Industrial Accident Commission refusing to reopen an award of compensation for injuries received in the course of employment.… Keefer v. Porterfield Page 931 Defendant has appealed from a judgment rendered against her for $21,022.96 and costs in an action upon a promissory note executed by defendant Margaret S.… Tatone v. Chin Bing Page 933 This is an appeal from a judgment awarding plaintiff damages for injury to personal property.… Crawford v. Summers Page 936 These causes are consolidated on this appeal.… Gibb v. Cleave Page 938 In a trial before a jury the plaintiff had a verdict for injuries caused when struck by defendants' motor vehicle, and the defendants have raised three points in their appeal from the judgment—that plaintiff was guilty of contributory negligence, that he failed to prove any negligence on defendants’ part, and that the… Grace v. Croninger Page 940 This is an action by a lessor based upon a written guaranty of the covenants of a lease.… Morris v. Propst Page 944 THE question before us is whether the district court of Logan county erred in setting aside an interlocutory decree of divorce recovered against a husband by his wife, who died within the six months immediately following the entry of the decree.… Kastner v. Kastner Page 947 THE question is whether on findings entitling one party to a decree of divorce at or after a fixed statutory period, of which that party did not make avail, the court at the instance of the other party may grant the decree.… Stocking v. Charles Beard Co. Page 949 Plaintiff brought this action to set aside a judgment by default, obtained by the defendant against him, upon the ground of extrinsic fraud.… French v. Bragg Page 953 This is an appeal from an order of the court refusing to vacate an order confirming sale.… Universal Credit Co. v. McBrayer Page 953 This was an action in replevin by Universal Credit Company against J.G.… C. I. T. Corporation v. Shogren Page 956 This is an action in replevin to recover the possession of a Legonier refrigerator counter, or its value in lieu thereof.… Webb v. Woods Page 959 This action involves an appeal from the district court of Choctaw county, Okla.… Petroleum Pipe Line Co. v. Lundy Page 963 T.F. Lundy brought suit in the court of common pleas of Tulsa county against the Petroleum Pipe Line Company, a corporation, to recover a broker's commission alleged to be due for the sale of oil belonging to the Petroleum Pipe Line Company to the Fred Norton Oil Company and its assigns.… Century Petroleum Corp. v. Sharp Page 966 This is an appeal from a judgment of the district court of Tulsa county entered on the I6th day of March, 1934, ordering the Century Petroleum Corporation to accept from the plaintiff James R.… Badgett v. Davis Page 967 Badgett Steam Lubricator Company, a corporation, commenced this suit in the district court of Grady county against the defendant, J.W.… Ponder v. Beeler Motor Co. Page 968 This action was commenced by the plaintiffs in error, R.C.… Warner v. City of Guymon Page 969 This is an appeal from the district court of Texas county.… Sharp v. Dunlap Page 971 This question involves a holder in due course of negotiable paper.… Barnard v. First Nat. Bank of Miami Page 972 This is an appeal from the district court of Ottawa county and arises out of a foreclosure action in said court wherein the First National Bank of Miami, *Page 327 Okla., a corporation, was plaintiff and C.C.… Travelers Insurance Co. v. Blake Page 975 This is a suit to recover upon an accident insurance policy.… Smith v. Beam Page 980 The parties will be referred to as they appeared in the trial court, the same as the order herein.… Jones v. Norris Page 984 Referring to the parties as they were in the court below, plaintiff, P.A.… Chambers v. Coates Page 986 This action was instituted in the district court of Oklahoma county by T.G.… This action seeks to recover compensation insurance from an insurance carrier by reason of an award entered by the State industrial Commission in favor of an employee.… Stoutz v. Wilson Motor Co. Page 990 This action was instituted by the defendant in error in a justice of the peace court in Tulsa county, to recover the balance of the purchase price of an automobile, and upon judgment being rendered for the plaintiff therein, R.W.… Brogden v. Baugh Page 994 The parties to this appeal will hereafter be referred to as they appeared in the trial court.… Plaintiff, the Western Southern Life Insurance Company, instituted this suit in the district court of Tulsa county against Henry C.… This is a suit upon a fraternal benefit policy issued by the Most Worshipful St. John Grand Lodge of Ancient Free and Accepted Masons of Oklahoma.… Pugh-Bishop Chevrolet Co. v. Duncan Page 1003 This action was commenced by the defendant in error, J.E.… Miller v. Durrill Page 1008 For convenience we refer to the parties as they appeared below; plaintiff in error as defendant and defendant in error as plaintiff.… Pharaoh & Co. v. Sies Page 1009 Defendant in error, plaintiff below, brought an action against plaintiff in error, defendant below, for money judgment in the amount of $45.50 for repairs upon a steam shovel belonging to defendant.… In Re School Dist. No. 26, Payne County Page 1010 This is an appeal from the judgment of the county court of Payne county, which sustained the action of the county superintendent of said county in attaching said school district No. 26 of said county to school district No. 3 therein.… Leland v. Oklahoma Const. Co. Page 1013 The parties will be referred to as they appeared in the lower court, defendant in error being plaintiff and the plaintiffs in error defendants.… Vance v. Commercial Credit Co. Page 1015 This action was commenced in the district court of Oklahoma county, wherein the Commercial Credit Company, as plaintiff, filed a petition in replevin against Vera Elizabeth Vance, as defendant, to obtain possession of an automobile which the defendant had purchased from the Fred Young Motor Company, assignor of… Commercial Casualty Ins. Co. v. Brock Page 1018 The respondent W. J. Brock received a compensable injury in the course of his employment for which the Industrial *349 Commission awarded liim compensation for temporary total disability at the rate of $18 per week for a period of not to exceed 800 weeks.… Skelly Oil Co. v. Rose Page 1019 This is an action to review an award of the State Industrial Commission granting compensation for temporary total and permanent partial disability to Burney Rose, an employee of the Skelly Oil Company.… Markham v. Barnett Page 1021 The parties will be referred to as they appeared in the trial court, that is, C.B.… Bowling v. Aetna Life Ins. Co. Page 1023 This action was commenced December 7, 1933.… Fixico v. Ming Page 1027 This cause originated in the probate court of Okmulgee county.… This is an appeal from the district court of Pushmataha county, Okla.… Kadane Construction Co. v. Lee Page 1031 This is an original proceeding in this court brought by Kadane Construction Company and its insurance carrier, Casualty Reciprocal Exchange, as petitioners, seeking the review and vacation of an award made by the State industrial Commission in favor of the respondent W.R.… Adams Royalty Co. v. Faulkner Page 1033 This matter was first brought to this court by a transcript of the record, and on December 10, 1935, the cause was dismissed for failure of the transcript to raise the matters complained of for the reason that proceedings after judgment by motion and the orders made thereon are not a part of the record and cannot be… Brewer v. Fay Page 1035 This is an appeal from an order dissolving garnishment and discharging garnishee.… Martin v. Coogan Page 1037 This action was instituted by J.P. Thurmond against J.S.… Ross v. Choctaw Lbr. Co. Page 1041 Lillie Taylor, joined by her husband, Impson G.… Westgate Oil Co. v. Matthews Page 1043 H.H. Matthews suffered an injury on the 11th day of March, 1935, while engaged in hazardous employment of the employer who was at the time engaged in one of the occupations denominated by the statutes of the state of Oklahoma covered by the Workmen's Compensation Act.… Rose Hill Burial Park v. Garrison Page 1045 Jack Garrison, employed by the Rose Hill Burial Park of Tulsa, Okla., was granted an award by the State Industrial Commission for an injury sustained on the 12th day of April, 1935.… Johnson v. State Page 1047 The plaintiff in error, for convenience hereinafter referred to as the defendant, was jointly charged with Dut Burris, was tried separately and convicted of an attempt to rob, and his punishment assessed at five years in the state penitentiary.… Morton v. State Page 1048 Plaintiff in error was convicted in the district court of Bryan county of selling whisky to minors and was sentenced to serve a term of two years in the state penitentiary and to pay a fine of $50.… Spencer v. State Page 1049 Plaintiff in error, hereinafter called defendant, was convicted in the district court of Oklahoma county of robbery with firearms and his punishment fixed at life imprisonment.… Kincaid v. Hensel Page 1050 This is an action to set aside a sale of real property under execution.… Respondent, as plaintiff, brought this action to recover for services rendered.… Beauchamp v. Beauchamp Page 1055 Paul Beauchamp brought this action for a divorce on the ground of cruelty.… Petroleum Navigation Co. v. Henneford Page 1056 BLAKE, TOLMAN, and GERAGHTY, JJ., dissent.… State v. Plautz Page 1057 On November 13, 1935, there was filed in the office of the clerk of the superior court for King county an information, duly verified, which reads: *Page 579 "I, WARREN G.… Riley v. Pacific Outfitting Co. Page 1058 HOLCOMB, J., dissents. The purpose of this action was to recover damages for personal injuries.… On March 7, 1928, plaintiff and defendant entered into a contract wherein plaintiff agreed to *Page 510 sell and defendant agreed to buy certain land in Whatcom county.… Nienau v. Kelsey Page 1063 William Nienau brought this action against H.D.… Larpenteur v. Eldridge Motors, Inc. Page 1064 This is an action to recover damages for injuries to person and property resulting from a collision between a bicycle ridden by plaintiff and an automobile driven by defendant's agent.… Richards v. Metropolitan Life Insurance Page 1067 Plaintiff brought this action to recover the disability benefits provided for in a life insurance policy issued to him by the defendant.… Eakle v. Hayes Page 1072 This appeal presents a garnishment proceeding, based on a judgment previously obtained by plaintiff in the action against the principal defendants, for damages to plaintiff's automobile.… In Re Bronson's Estate Page 1075 BEALS, BLAKE, and GERAGHTY, JJ., dissent.… Parrish v. West Coast Hotel Co. Page 1083 Mindful of the duty of the state to protect women and minors from conditions of labor which have a pernicious effect on their health and morals, the legislature enacted chapter 174, Laws of 1913, p.… Connell v. Tack Page 1090 This action is based upon two promissory notes.… Corning v. Aldo Page 1093 Plaintiffs brought this action to recover damages for trespass upon land claimed to be owned by them and for the destruction of a fence which they had erected thereon, and also to obtain a permanent injunction against further trespass.… McQuesten v. Jones Page 1096 The respondents, being the record owners of certain real property in the city of Seattle, brought this action for the purpose of quieting their title thereto.… Earle v. Holman Page 1097 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Craft v. Flesher Page 1101 Petition for rehearing denied April 21, 1936 ON PETITION FOR REHEARING (56 P.2d 1141) In a petition for rehearing, the appellant, defendant in the circuit court, asserts that it affirmatively appears from the record that error was committed in overruling the demurrer to the amended reply, and that therefore it will be… State Ex Rel. Hall v. Hall Page 1102 Proceeding by the State, on the relation of Francis M.… Nelson v. Portland Trust & Savings Bank Page 1105 On the 30th day of December, 1935, plaintiff and defendant executed a trust agreement wherein defendant, thereinafter designated as trustee, admits, certifies and declares that it received and accepted from plaintiff, thereinafter designated as trustor, twenty thousand ($20,000) dollars to hold in trust for the uses… In Re Rockaway Water District Page 1107 Proceeding in the matter of the petition by Delmar C.… Marsh v. Arthur C. Marsh Co. Page 1111 Suit by Arthur C. Marsh and others against the Arthur C.… California Joint Stock Land Bank v. Gore Page 1118 Foreclosure suits by the California Joint Stock Land Banks of San Francisco against W.H.… Burgdorfer v. Thielemann Page 1122 Action on the case for deceit by Charles Burgdorfer against Carl Thielemann.… IN BANC. Suit by the Oregon-Washington Railroad Navigation Company and others against Frank C.… Hallett Ex Rel. State v. Hallett Page 1143 This is one of the many vexatious cases wherein a decree of divorce is followed by differences and disputes as to the treatment and custody of a child and as to the continuing ability, or lack of it, on the part of the father to contribute, as originally ordered, to such child’s support.… Skinner v. Rich Page 1146 Action by Mark Skinner, Superintendent of Banks, substituted for A.A.… Shainwald v. City of Portland Page 1151 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Shuey v. Asbury Page 1160 Action to recover damages for personal injury.… People v. Coltrin Page 1161 Further examination of the questions of law raised by petitioner, appellant herein, in his petition which caused this court to grant a hearing, has satisfied us that the reasoning and the conclusion reached by the District Court of Appeal, Fourth District, opinion by Barnard, P.… Murphy v. Murphy Page 1169 This is an appeal by plaintiff from an order of the superior eourt dismissing an action under section 583 of the Code of Civil Procedure because not brought to trial within five years after filing thereof.… Globe Discount Co. v. Ostergard Page 1169 Motion to dismiss appeal or affirm judgment upon the ground that the appeal was taken for delay only, and that the questions on which the decision of the cause depends are so unsubstantial as not to need further argument.… Lankton v. Superior Court Page 1170 Proceeding to review order of trial court or prohibit said court from modifying judgment after the time for appeal from said judgment and for motion for new trial has elapsed.… Estate of Swan Page 1171 Frances B. Swan, a resident of Los Angeles County, died on the 31st day of January, 1933, leaving an estate of large value, and a will bearing date of February 20, 1923, in which provision was made for numerous legacies, including some trusts.… Mather v. Mather Page 1174 This is a motion to dismiss an appeal from a purported judgment.… Foster v. Foster Page 1175 Petitioner seeks a writ of supersedeas to stay the enforcement of a judgment of the Superior Court of Los Angeles County.… People v. Byers Page 1177 A hearing was granted in this ease to give further consideration to certain contentions made by appellant.… Burns v. Peters Page 1182 This cause was taken over by this court after decision in the District Court of Appeal, Fourth Appellate District, not because of any dissatisfaction with the opinion therein prepared, but solely because it presents an action to quiet title, the jurisdiction to determine which, in the absence of transfer thereto by… Kohn v. Superior Court Page 1186 This is an application for a writ of prohibition.… People v. Taber Page 1189 The defendants were charged with conspiring to burn an apartment house owned by the defendant Taber and occupied by the defendant Sibley, with the intent to prejudice and defraud an insurance company which had insured the building.… Ackel v. American Creamery Co. Page 1195 Action for personal injuries growing out of an automobile collision.… Sharick v. Galloway Page 1196 The plaintiff instituted this action against four defendants to recover damages for personal injuries alleged to have been sustained by him as the result of Ms being struck by an automobile which at the time of the accident was being operated by one of the defendants who is alleged to have been the agent of and… People v. McKenzie Page 1200 Appeal No. 2818 is from an order revoking an order for probation of defendant theretofore made and entered, and from judgment and sentence imposed upon him on October 23, 1925, for violation of the state Narcotic and Drug Act.… Jensen v. Hansen Page 1201 This action was brought by the widow and children of Chris Jensen.… Rabbitt v. Carthage Marble Corp. Page 1205 This action is brought by trustee in bankruptcy of the bankrupt estate of Inter-Mountain Marble Company, a corporation, which corporation for convenience will be referred to as “California corporation”, to recover from defendant Carthage Marble Company of Missouri a balance of $2,250.21, with interest from August 28… Boteler v. Bagby Page 1207 Plaintiff corporation, in financial difficulties while drilling an oil well, made an agreement with defendant as trustee for the benefit of said corporation, its creditors and stockholders, whereby it conveyed its property and business to defendant for the purpose of managing and conducting the same, and particularly… Wilson v. Crocker First National Bank Page 1208 Plaintiff sued to quiet title to a fund in a savings account deposited by her deceased husband.… Corona Foothill Lemon Co. v. Lillibridge Page 1210 This is an appeal from an order taxing costs.… Lowy v. Reardon Page 1214 Plaintiff seeks by a writ of mandate to compel various state officers to reinstate him as attorney in the division of labor statistics and law enforcement of the department of industrial relations and to compel the issuance of his salary warrant.… Bishop v. Morrow Page 1216 Plaintiffs executed and delivered to Nate J.… Gibson v. Rath Page 1219 In this action plaintiff charged defendant with fraud in that he as administrator of an estate connived with the surviving husband of deceased to turn over to the latter all the property of deceased upon the representation to the court that it was community property, whereas in truth and in fact, plaintiff alleged… Kennedy v. Berg Page 1220 Upon the filing of appellant’s opening brief, respondent makes this motion to dismiss the appeal or affirm the judgment upon the following grounds: First, that appellant had failed to comply with the rules of this court respecting the form of his brief; and second, that the appeal was taken for delay, and the… Caswell v. Gardner Page 1222 This is an action to quiet title broujght by the owners of the fee of certain oil lands against numerous defendants including George Gardner as trustee in bankruptcy of the South Consolidated Oil Company, a corporation, a bankrupt, who claims an interest therein.… Laumann v. Conner Page 1225 The two above-entitled cases were consolidated for trial in the superior court and the appeal herein attacks the validity of an order granting a motion for a new trial, which order culminated the following series of events: At the conclusion of the testimony for the plaintiffs, defendant made a motion for a nonsuit on… Cook v. Superior Court Page 1227 From the record herein, it appears that on a pertinent date George Cook and Connie Cook, who are the petitioners herein, were the owners of a certain automobile which at said time, with their permission was in the possession of, and was being operated by, one Grace, solely in his own business and on his own account… Chase v. Jonkey Page 1229 This is an action for damages resulting from an automobile accident which occurred at the intersection of Sunset Boulevard and Van Ness Avenue in Los Angeles.… McCray v. Title Insurance & Trust Co. Page 1234 This action was brought for the purposes of securing the rescission of a contract for the sale of a lot on one of the beaches of Los Angeles County, upon the ground of fraudulent representations.… From the transcript herein it appears that in an action to recover the balance due upon two promissory notes secured by deeds of trust after sale of the security by the trustee thereunder, the defendant, after filing, her answer, moved for judgment on the pleadings, upon the sole ground that “the complaint and each of… Petitioner seeks the annulment of an order of the respondent coyrt adjudging petitioner in contempt for failure to comply with an order of said court permitting the inspection of certain documents and records.… Petitioner seeks the annulment of an order of the respondent court permitting the inspection of ¡certain documents and records in its possession.… Crawford v. Payne Page 1240 This is an original proceeding whereby the executors of the will of Hugh J.… Anderson v. Weiland Page 1242 Plaintiff and defendants are the owners of adjoining citrus orchards in San Bernardino County.… Plaintiff sued to recover the proceeds of an insurance policy issued on the life of her husband.… Barr v. Hall Page 1246 This is an appeal from a judgment in favor of the plaintiff for injuries sustained in an automobile collision.… Fuller v. Nelle Page 1248 In an action brought to establish a trust the trial court made findings in favor of the plaintiff and from the judgment entered thereon the defendants have appealed.… Ukhtomski v. Tioga Mutual Water Co. Page 1251 In 1929 and 1930 plaintiffs acquired under contract of sale approximately three acres of land in San Bernardino County, being part of a larger tract containing some six hundred acres known as the College Heights Tract.… Petitioners seek to annul an award of the Industrial Accident Commission.… Gold v. Arizona Realty & Mortgage Co. Page 1254 Plaintiff sued to recover damages suffered when she slipped in walking down a stairway of defendant’s apartment house.… Gauchet v. McGinnis Page 1255 The plaintiff: has appealed from a judgment which was rendered against her in a suit for the return *8of money paid on a contract to purchase real property on the ground that the agreement was breached by refusal of the vendor to execute and deliver a deed of conveyance upon payment of one-half of the purchase price… The record herein discloses that in an action to recover a deficiency existing after a trustee’s foreclosure sale of real estate under a deed of trust securing a promissory note, a general demurrer was sustained to the complaint; and the plaintiff has appealed from the judgment of dismissal thereafter entered.… Hargett v. Gulf Insurance Co. Page 1258 Plaintiff brought separate ¡actions upon three policies of fire insurance, and upon a trial ifi which the actions were consolidated, recovered judgment for the amount of each policy.… Keller v. Cleaver Page 1262 This is a motion to dismiss appeals or affirm an order granting a new trial under the provisions of section three of rule V of the Rules for the Supreme Court and District Courts of Appeal.… A. F. Anderson Estate, Inc. v. Payne Page 1264 This case was transferred to us by the Supreme Court.… Emerson v. Emerson Page 1265 Plaintiff husband sued for divorce upon the ground of adultery, naming a mutual friend as corespondent ; defendant wife countered with a cross-complaint for divorce upon the same ground, naming the wife of the mutual friend as corespondent and also charging extreme cruelty.… Schwab v. Schwab-Wilson MacHine Corp. Page 1268 Plaintiff Schwab, defendant Wilson and one Williams constituted the board of directors of defendant corporation, the stock of which was so distributed among the three directors and plaintiff Seifert that no one stockholder owned sufficient to exercise voting control.… People v. Joerger Page 1269 This is an action to condemn a right-of-way for highway purposes.… Thayer v. Magill Page 1272 This in an action for rescission of a contract of sale of a twenty-acre orange grove situated in San Bernardino County.… The validity of an award of the Industrial Accident Commission is before us on certiorari.… People v. Quinn Page 1277 Appellant was charged by an information in three counts with violation of sections 288 and 288a of the Penal Code.… Soares v. Barson Page 1283 These two actions consolidated for trial were brought by plaintiffs for damages on account of personal injuries sustained by them by reason of being struck by the automobile of defendant.… Bethel v. Giebel Page 1287 This is an action to recover for the alleged conversion of a Lincoln automobile.… State v. Patton Page 1290 Prosecutrix could not be cross-examined to prove her general reputation for unchastity.… State Ex Rel. Regis v. District Court Page 1295 Original application to this court for an order, under its supervisory power, to annul an order of the district court of Silver Bow county vacating an award of extraordinary executor's fees in the matter of the estate of W.A.… Thompson v. Walker Page 1300 Respondent Walker sold certain real property to appellant, respondent, Mrs. Towne, releasing her second mortgage on the property for a certain consideration, appellant assuming and agreeing to pay a first mortgage due the Federal Land Bank.… Webb v. Gem State Oil Co. Page 1302 R.A. Webb was employed by Gem State Oil Company as its representative in sole charge of its warehouse and wholesale gasoline and oil business at Weiser.… Coeur D'Alenes Lead Co. v. Kingsbury Page 1307 This action is an aftermath of the case of Wayne v.Marquardt, 54 Idaho 211, 30 P.2d 369.… Bachman v. Reynolds Irrigation District Page 1314 This suit was commenced by respondents, Bachmans, Kennison, McMillan and Simpson, for the purpose of determining their rights to the waters originating at certain springs, variously known and referred to as Warm Springs, McQuat Springs and Walter Butte Springs.… State v. Timmerman Page 1320 The information in this cause was filed in the district court of the state of Utah, Third judicial district, in and for Salt Lake county, on the 1st day of February, 1934.… State v. Green Page 1324 This is an appeal by defendant from certain orders of the trial court made after judgment of death was imposed upon *Page 493 him, and at a time when defendant was brought into court for the purpose of fixing date of execution of the judgment.… Hartzler v. Russell Gulch Smelting Co. Page 1329 WHETHER, in an action by defendant in error against the Gold King Mining Company, wherein that company confessed judgment, plaintiff in error, a stockholder thereof, petitioner to that end, may intervene and defend, is one question; and, if so resolved, whether his allegations constitute a defense, becomes a further… Papas v. People Page 1330 THE plaintiff in error, defendant below, was tried and convicted of perjury in the district court of Pueblo county and sentenced to the penitentiary for a term not less than one year nor more than 18 months.… McIntosh v. City & County of Denver Page 1337 ON the second day of December, 1931, J. A.… Papas v. People Page 1337 IT is agreed between the attorneys for plaintiff in error and the Attorney General that the information, assignments of error, and issues presented in this case, are in substantial effect the same as those involved in Papas v.People, 98 Colo.… THE Public Service Company, a public utility, owns a hydroelectric generating plant known as the Shoshone plant located on the Colorado river approximately seven miles above Glenwood Springs.… Dresser v. Stewart Page 1343 Judgment affirmed in department without written opinion, MR.… W. T. Rawleigh Co. v. Pascoe Page 1343 The parties hereto having settled the controversy and stipulated that the appeal herein may be dismissed, it is ordered that it be dismissed. Montana Mines & Power Co. v. Holliday Page 1343 Pursuant to stipulation of the parties the appeal herein is dismissed as settled. Richtmeyer v. Minnesota Petroleum Co. 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