Court Cases Court Cases

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

All Reporters → p2d → Volume 59

Opinions in p2d Volume 59

This is an action on several promissory notes and for the foreclosure of two mortgages given as security therefor. The interveners are unsecured creditors. They attack the notes and mortgages on the ground that the corporation had no power to execute them. The original notes and mortgage were given in payment of the purchase price of the stock of the defendant company belonging to Sidney D. Pace, ...
Views: 1
OPINION Petitioner, A. Grant Miller, has instituted this proceeding for a review by this court of the action of the *Page 94 board of governors of Nevada state bar finding him guilty of unprofessional conduct and recommending that his license to practice law be revoked, and that he be forever disbarred from practicing law in this state. On June 17, 1933, Thomas Mc...
Views: 0
For many years prior to the year 1935, the Moscow Publishing Company printed at Moscow, Latah County, Idaho, a publication called the Daily Star-Mirror, as well as a publication called the Idaho Post. The first named publication was printed daily, and the second, weekly. In January, 1935, the name of the Idaho Post was changed to the Weekly Star-Mirror. From about June, 1933, to on or about Decemb...
Views: 0
The opinion of the court was delivered by This was an action to determine the annual salary of the clerk of the district court of Shawnee county, which has a population of more than 85,000 and less than 90,000. Plaintiff contends the salary is $3,250 under R. S. 28-202. Defendant contends it is $3,000 under R. S. 28-117 as amended by chapter 166 of the Laws of 1925. The legal question presented is...
Views: 1
The opinion of the court was delivered by This was an action on a fire-insurance policy. Judgment was for plaintiffs. Defendant appeals. Defendant is a mutual fire-insurance society. The policy was issued to plaintiffs upon a house and outbuildings owned by them. During all the time with which we are concerned there was a mortgage on the property. On March 27, 1934, a suit to foreclose that mortga...
Views: 0
The opinion of the court was delivered by The action was one by an agent against his principals for compensation for services and for expenditures made in *271conduct of the agency. Adult defendants answered and filed a cross petition. A motion to require defendants to separately state and number the causes of action contained in the cross petition was denied. A demurrer to the cross petition on t...
Views: 3
*239The opinion of the court was delivered by This is another milk-bottle case from Wichita, in which a result was reached different from the result in the case of Associated Dairies v. Fletcher, 143 Kan. 561, 56 P. 2d 106 (April, 1936). In the Associated Dairies case, the action was commenced for the benefit of pasteurizers of milk, each using its own trade-marked bottles. In this case the action...
Views: 0
The opinion of the court was delivered by A petition for rehearing has been filed, which makes it necessary for the court to change the wording of the opinion. The court used some colloquial language instead of the strictly accurate phraseology which should have been employed. The Star company printed a cartoon exhibiting Doherty in a certain attitude and containing some legends giving the picture...
Views: 3
The opinion of the court was delivered by Plaintiff recovered a judgment for injuries sustained in a collision of automobiles, and defendant appeals. *297On December 22, 1934, about 7:30 p. m., plaintiff, driving a Ford pick-up truck, was driving north along a paved public highway. About 50 to 70 feet ahead of him was a car going north, driven by Mrs. Honn (Hahn). Just about the time the accident ...
Views: 4
The opinion of the court was delivered by Defendant appeals from a conviction on three counts. *257of an information charging violation of the statute with reference to the sale of securities. (Laws 1929, ch. 140, as amended by R. S. 1933 Supp. 17-1223 et seq.) The counts on which conviction was had may be summarized as follows: The first count charged defendant with sale of a security denominate...
Views: 1
The opinion of the court was delivered by Leonard Cross, 55 years of age, was charged, under R. S. 1933 Supp. 21-424, with the rape of an eight-year-old girl, and was convicted, under R. S. 21-101, of an attempt to commit that offense. He has appealed, and complains, first, that the court gave an instruction which reads: “. . . the information in this case charges the defendant with the crime of r...
Views: 4
The opinion of the court was delivered by In this case the defendant appeals from a judgment rendered against him in an action for damages caused by the collision of his automobile with the plaintiff, a twelve-year-old girl, on her bicycle, and it involves the questions of the last clear chance and wantonness, also the question of negligence and liability for additional injuries occurring after t...
Views: 2
The opinion of the court was delivered by This action was brought by the city of Holton against the Kansas State Bank of Holton, the bank commissioner and the state banking board of the state of Kansas, to cancel the certificate of reorganization of said defendant bank and to enjoin and restrain the defendants from using or enforcing such reorganization plan and from interfering with plaintiff in ...
Views: 0
This is an application for a writ of mandamus. The petition therefor is based upon the affidavits of R.F. Gaines and J. Edgar Barclay, on behalf of Barclay Motors, Inc., a corporation, the relator herein. It appears that one Joe S. Jacobson commenced an action in a justice's court in Silver Bow county against the relator, 2. What amounts to "final submission" within statute permitting plaintiff to...
Views: 0
The petition in this action was filed in the district court for Lewis and Clark county July 23, 1935, and alleges, in substance, that School District No. 29, Flathead county, Montana, has maintained an accredited two-year high school for a period of 16 years; that "during the school year 1934-1935," the board of trustees determined it was for the best interests of the school to provide for a third...
Views: 11
Defendant was found guilty of a misdemeanor and has appealed to this court from the judgment of conviction. He was a retail grocer in the city of Billings, and was charged with selling an original package of aspirin without having a license so to do and not being a physician, wholesale dealer, or registered pharmacist, or having a registered pharmacist in charge of his store. The amended complaint...
Views: 1
On June 9, 1936, upon the sworn statement of Joseph Redle, this court issued an order to the district court of Missoula county and Honorable Albert Besancon, one of the judges thereof, to show cause on June 16 why they should not be perpetually prohibited from proceeding further in cause No. 11960 in that court, wherein this relator was plaintiff and Mrs. Maud Creed was defendant. From the petitio...
Views: 3
The defendant, Roy Peterson, has appealed from a judgment of conviction of the crime of rape and from an order denying him a new trial. By his specifications of error he challenges the sufficiency of the evidence to warrant a conviction, and specifies error in the court's ruling on the introduction of certain evidence, misconduct of the county attorney, the refusal of the court to give an offered ...
Views: 5
A general promise or acknowledgment of an indebtedness, when it is made by the debtor to the creditor, is taken to relate to the demand in suit, and where such an acknowledgment or promise is proven the burden shifts to the debtor to show that it relates to some other debt. (Galvin v. O'Gorman, 40 Mont. 391, at 397, 106 P. 887.) The reason for the rule is obvious where a debtor is writing to his c...
Views: 3
This is an application for a writ of supervisory control to review a judgment of the district court of Granite county finding the relators guilty of contempt of a judgment and decree of the same court adjudicating certain water rights and enjoining interference with those rights. The judgment in the water right suit was before this court on appeal. (Rock Creek Ditch Flume Co. v. Miller, 93 Mont. ...
Views: 0
AN action in damages for refusal of a common carrier to deliver a carlot shipment of grapefruit to the consignee. Delivery of the shipment, which arrived in Denver about 10:40 a. m. on a given date, could have been made within from fifteen minutes to two hours, as the consignee demanded, but was refused by the carrier during business hours of that day, equivalent to withholding delivery until the ...
Views: 0
ROY B. Farrah sued A. W. Patton, an osteopath, for damages for alleged negligence. At the close of plaintiff's case defendant moved for a nonsuit. The court denied the motion. The defendant proceeded to introduce his evidence. Before defendant had finished, the court, believing that its former ruling was wrong, in view ofBrown v. Hughes, 94 Colo. 295, 30 P.2d 259, which we decided a week before, s...
Views: 6
KRAUSS sued the city (formerly town) of Aurora to recover judgment on thirteen one thousand dollar bonds owned by him, payment of which was in default. For a first cause of action he alleged the bonds to be general obligations of the city. In a second cause of action, plaintiff alleged the liability of the city for payment of the bonds by reason of "guaranty certificates" endorsed thereon. The cit...
Views: 2
6 Cal. 2d 554 (1936) THE PEOPLE, Appellant, v. CHARLES B. JONES, Respondent. Crim. No. 3998. Supreme Court of California. In Bank. June 22, 1936. U.S. Webb, Attorney-General, Frank Richards, Deputy Attorney-General, Buron Fitts, District Attorney, and Jere J. Sullivan, Deputy District Attorney, for Appellant. Charles B. Jones, in pro. per., Frederic H. Vercoe, Public Defender, and George A. ...
Views: 14
6 Cal. 2d 730 (1936) In the Matter of the Estate of MARY MILLER PITCAIRN, Deceased. EDGAR R. BOYDEN et al., Respondents, v. CAROLINE PITCAIRN REIMANN et al., Appellants. L. A. No. 14944. Supreme Court of California. In Bank. July 1, 1936. Leonard L. Riccardi and William J. Donahue for Appellants. Crail, Shutt, Crail & Crail, J. M. Crail and Charles Crail, Jr., for Respondents. *731 LANG...
Views: 11
6 Cal.2d 550 (1936) JAMES B. DOYLE, a Minor, etc., Appellant, v. PACIFIC ELECTRIC RAILWAY COMPANY (a Corporation) et al., Respondents. L. A. No. 15727. Supreme Court of California. In Bank. June 22, 1936. V. P. Lucas and Henry G. Bodkin for Appellant. Frank Karr, E. E. Morris, C. W. Cornell and O. O. Collins for Respondents. CONREY, J. This appeal comes before the court upon hearing grante...
Views: 8
6 Cal. 2d 604 (1936) FOSTER C. PHELPS et al., Appellants, v. AMERICAN MORTGAGE COMPANY (a Corporation) et al., Defendants; MORTGAGE GUARANTEE COMPANY (a Corporation), Respondent. L. A. No. 14302. Supreme Court of California. In Bank. June 26, 1936. Reed & Vernon, Otho S. Vernon and Thos. B. Reed for Appellants. Alvan M. Palmer for Respondent. SHENK, J. The plaintiffs sued to have it de...
Views: 1
6 Cal. 2d 629 (1936) FRANK C. McDONALD, etc., Respondent, v. VICTOR H. SEVERY et al., Defendants; ELECTROTONE CORPORATION OF AMERICA, LTD. (a Corporation), Appellant. L. A. No. 15637. Supreme Court of California. In Bank. June 29, 1936. Avery M. Blount for Appellant. David Licker and Leo L. Schaumer for Respondent. THE COURT. [1] This action was brought by plaintiff as the assignee of ten ...
Views: 13
The plaintiffs are the trustors under a certain deed of trust, and the defendants are named in said trust deed, trustee and beneficiary respectively therein. On April 12, 1935, defendant, the Consolidated Investment Company of Santa Barbara, the beneficiary named in said deed of trust, filed for record in the office of the county recorder of the said county, a notice of default stating that a brea...
Views: 0
6 Cal.2d 688 (1936) CLYDE A. STULTZ, Appellant, v. BENSON LUMBER COMPANY (a Corporation) et al., Respondents. L. A. No. 15622. Supreme Court of California. In Bank. July 1, 1936. Edward J. Kelly, Marie M. Herney and Ben B. Rubin for Appellant. Wright, Monroe, Thomas & Glenn for Respondents. SHENK, J. The plaintiff commenced this action to recover from the Benson Lumber Company, and Horace ...
Views: 9
A hearing was granted in this case after decision by the District Court of Appeal, Second Appellate District, Division One. Upon further consideration, we are satisfied with the conclusion reached by said court, and we hereby adopt the following opinion of Mr. Justice pro tempore Roth as part of the opinion of this court: “Petitioner and defendants both filed separate appeals fr...
Views: 7
6 Cal. 2d 631 (1936) THE COLBURN BIOLOGICAL INSTITUTE (a Nonprofit California Corporation) et al., Respondents, v. ETHEL M. DeBOLD, Appellant. L. A. No. 15729. Supreme Court of California. In Bank. June 30, 1936. Chas. M. Easton and Palmyra Pressly for Appellant. Richards & Poyet, D. W. Richards and H. F. Poyet for Respondents. THE COURT. The respondents have moved for a dismissal of t...
Views: 1
The plaintiffs have appealed from a judgment declaring void a certain “settlement agreement” and the trusts executed concurrently therewith and in pursuance thereof and further declaring that the plaintiffs Farwell and Oberdorfer were not trustees of the institute at the time of filing the complaint herein and were without authority to join the institute as a party plaintiff. The respondents have ...
Views: 6
6 Cal. 2d 759 (1936) THE PEOPLE, Respondent, v. GEORGE WALLACE et al., Defendants; H. G. SMITH and ALFRED PAINE, Appellants. Crim. No. 3953. Supreme Court of California. In Bank. July 7, 1936. Pierce & Sherwin, Wilbur S. Pierce and Marvin Sherwin for Appellants. U.S. Webb, Attorney-General, and Wilmer W. Morse, Deputy Attorney- General, for Respondent. SHENK, J. By indictment the defen...
Views: 7
6 Cal. 2d 557 (1936) STANDARD OIL COMPANY OF CALIFORNIA (a Corporation), Petitioner, v. STATE BOARD OF EQUALIZATION, Respondent. S. F. No. 15528. Supreme Court of California. In Bank. June 23, 1936. Pillsbury, Madison & Sutro for Petitioner. Henley C. Booth, as Amicus Curiae on Behalf of Petitioner. U.S. Webb, Attorney-General, H. H. Linney, Deputy Attorney-General, Roger J. Traynor and...
Views: 17
Petitioner seeks a writ of certiorari to review and annul a ruling of the State Board of Equalization imposing for the year 1933 a deficiency assessment under the Bank and Corporation Franchise Tax Act (Stats. 1929, p. 19, as amended). The remedy here sought purports to be authorized by section 30 of the act as amended in 1933. However, at the oral argument we suggested to counsel that we entertai...
Views: 0
6 Cal. 2d 596 (1936) A. J. Mac GREGOR et al., Respondents, v. PACIFIC ELECTRIC RAILWAY COMPANY (a Corporation), Appellant. L. A. No. 15714. Supreme Court of California. In Bank. June 26, 1936. Frank Karr, E. E. Morris, C. W. Cornell and O. O. Collins for Appellant. Paul Blackwood for Respondents. SEAWELL, J. The jury returned a verdict for plaintiffs in the sum of $4,500 for personal injur...
Views: 5
This action was brought for declaratory relief and damages for alleged fraud. In 1916 Mrs. Louise Ganahl and nine others, including defendants' Vincent P. Ganahl and Ernest Ganahl, executed a declaration of trust under which property was transferred in trust to German-American Trust and Savings Bank, predecessor of defendant Security-First National Bank, as trustee. Ernest Ganahl was made agent of...
Views: 1
6 Cal.2d 610 (1936) LEE D. MEYERS et al., Plaintiffs and Appellants, v. THE TEXAS COMPANY, Defendant and Appellant. L. A. No. 14354. Supreme Court of California. In Bank. June 27, 1936. Hanna & Morton, Raymond J. Kirkpatrick, Byron C. Hanna and Harold C. Morton for Plaintiffs and Appellants. Michael F. Shannon, Thomas A. Wood, Robert H. Dunlap, Wm. M. Abbott, Overton, Lyman & Plumb a...
Views: 1
6 Cal.2d 621 (1936) CITY OF LOS ANGELES (a Municipal Corporation), Petitioner, v. RAY L. RILEY, as Controller, etc., et al., Respondents. S. F. No. 15672. Supreme Court of California. In Bank. June 29, 1936. Ray L. Chesebro, City Attorney, and Leon Thomas David and Wm. H. Neal, Assistant City Attorneys (Los Angeles), for Petitioner. Wm. J. Locke, City Attorney (Alameda), Geo. F. Holen, City ...
Views: 7
6 Cal.2d 625 (1936) COUNTY OF LOS ANGELES, Petitioner, v. RAY L. RILEY, as Controller, etc., et al., Respondents. S. F. No. 15671. Supreme Court of California. In Bank. June 29, 1936. Everett W. Mattoon, County Counsel, and J. H. O'Connor, Assistant County Counsel, for Petitioner. U.S. Webb, Attorney-General, and H. H. Linney, Deputy Attorney-General, for Respondents. CURTIS, J. The County...
Views: 8
6 Cal. 2d 683 (1936) HATTIE G. GOETTEN et al., Respondents, v. OWL DRUG COMPANY (a Corporation) et al., Appellants. L. A. No. 15624. Supreme Court of California. In Bank. June 30, 1936. George L. Greer for Appellants. Jesse H. Steinhart and John J. Goldberg, as Amici Curiae on Behalf of Appellants. Mills, Hunter & Dunn, Paul J. Quigley and C. R. Liljestrom for Respondents. THE COURT. ...
Views: 12
6 Cal. 2d 674 (1936) HARRY F. MIX, Appellant, v. INGERSOLL CANDY COMPANY (a California Corporation) et al., Respondents. L. A. No. 15623. Supreme Court of California. In Bank. June 30, 1936. Fred A. Steiner and W. W. B. Seymour for Appellant. Sanders & Jacques for Respondents. Mark M. Cohen and Irwin M. Fulop, as Amici Curiae on Behalf of Respondents. CURTIS, J. This is an appeal on t...
Views: 16
15 Cal. App. 2d 11 (1936) In the Matter of the Estate of THOMAS GRUSSING, Deceased. JOHANNA GRUSSING WILSON et al., Appellants, v. MARY T. GRUSSING, Respondent. Civ. No. 1972. California Court of Appeals. Fourth Appellate District. June 25, 1936. Sharpless Walker for Appellants. William P. Webb for Respondent. Turrentine J., pro tem. Thomas Grussing died testate. His will was duly admitted...
Views: 5
Defendants appeal from a judgment in plaintiff’s favor in the sum of $1500 entered upon the return of a jury’s verdict. On February 25, 1935, plaintiff was standing on the sidewalk close to the edge of the curb at the corner of Adams and Trinity Streets in the city of Los Angeles. Defendant Acosta was driving a truck owned by the other defendants westerly along Adams Street and as he approached th...
Views: 0
Plaintiff appeals from a judgment of dismissal entered upon the court’s sustaining without leave to amend a general demurrer to his complaint. The sole question involved in this appeal is whether section 2924% of the Civil Code, enacted in 1933, which section precludes the entry of a deficiency judgment unless one year, as distinguished from the former period of three months, has elapsed betwee...
Views: 0
15 Cal. App. 2d 115 (1936) F. J. KLINDERA, Respondent, v. GEORGINA SMITH, as Administratrix, etc., Defendant; BARBARA MIKUSKA, Appellant. Civ. No. 10691. California Court of Appeals. Second Appellate District, Division One. June 30, 1936. John F. Balaam and W. Reginald Jones for Appellant. George DeLany Blair for Respondent. Shinn, J., pro tem. Action to recover money by one claiming to be...
Views: 0
14 Cal. App. 2d 743 (1936) HUGH EVANS et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent. Civ. No. 11055. California Court of Appeals. Second Appellate District, Division Two. June 24, 1936. W. L. Pollard and S. L. Kurland for Petitioners. Olson & Olson and Richard C. Olson for Respondent. McComb, J., pro tem. Petitioners seek a writ of mandate to compel respo...
Views: 1
Petitioners seek a writ of mandate to compel respondent to dismiss a certain action entitled L. H. Booker, as Owner of Shares of Beneficial Interest in said Diversified Real Estate Investments Trust No. 2, an Unincorporated Trust, v. Hugh Evans & Co., a Corporation, et al., said action being No. 336381 in the files of respondent court. On a similar set of facts we have this day decided in the case...
Views: 0
15 Cal.App.2d 107 (1936) ED TAKAHASHI, Appellant, v. WHITE TRUCK AND TRANSFER COMPANY (a Corporation), Respondent. Civ. No. 10581. California Court of Appeals. Second Appellate District, Division One. June 30, 1936. J. R. Girling, Mathes & Sheppard and Robert A. Cushman for Appellants. Finlayson, Bennett & Morrow, Henry L. Knoop, John C. Morrow and Karl L. Davis for Respondent. Shinn J., pr...
Views: 2
15 Cal. App. 2d 28 (1936) ROSE SCHICK et al., Executors, etc., Substituted for JOSEPH SCHICK, Appellant, v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES (a Corporation), Respondent. Civ. No. 5525. California Court of Appeals. Third Appellate District. June 26, 1936. Charles I. Rosin for Appellant. Newlin & Ashburn and Paul Sandmeyer for Respondent. *30 Pullen, P. J. In 192...
Views: 2
15 Cal. App. 2d 218 (1936) F. C. DARBY, Respondent, v. BIGGS SCHOOL DISTRICT OF BUTTE COUNTY et al., Appellants. Civ. No. 5582. California Court of Appeals. Third Appellate District. July 6, 1936. J. R. King, Jr., Arthur B. Eddy and Elmer W. Armfield for Appellants. J. M. McPherson and Charles H. Andrews for Respondent. Plummer, J. The appellants, S. M. Persons, N.E. Askew and C. H. Johnso...
Views: 4
15 Cal.App.2d 224 (1936) AILEEN MARTS, Respondent, v. JOHN W. MARTS, Jr., Appellant. Civ. No. 1914. California Court of Appeals. Fourth Appellate District. July 6, 1936. Loucks & Phister for Appellant. Wilbert C. Hamilton for Respondent. Turrentine, J., pro tem. Plaintiff and defendant had two minor children, and in 1929, while the parties and their children were residents of and actually ...
Views: 4
14 Cal. App. 2d 734 (1936) GEORGE W. FULLER, Respondent, v. BOARD OF MEDICAL EXAMINERS OF THE STATE OF CALIFORNIA, Appellant. Civ. No. 10227. California Court of Appeals. Second Appellate District, Division One. June 24, 1936. Rosecrans & Emme, Victor H. Kendrick and Bayard R. Rountree for Petitioner and Appellant. U.S. Webb, Attorney-General, and Lionel Browne, Deputy Attorney-General, ...
Views: 10
On December 8, 1933, respondent filed his complaint in the Superior Court of the County of Los Angeles, praying for a divorce from his wife, the appellant here. Appellant subsequently filed a cross-complaint, and upon the trial of the action, December 21, 1933, was *201granted an interlocutory decree of divorce. No opposition was offered by the respondent. On April 13, 1934, appellant moved the co...
Views: 5
15 Cal. App. 2d 184 (1936) CITY OF REDDING (a Municipal Corporation), Respondent, v. JOHN DIESTELHORST et al., Appellants. Civ. No. 5285. California Court of Appeals. Third Appellate District. July 6, 1936. Jesse W. Carter, Dallas L. Barrett and Carter & Barrett for Appellants. W. D. Tillotson, City Attorney, and L. C. Smith for Respondent. Pullen, P.J. By this action in eminent domain...
Views: 8
15 Cal. App. 2d 196 (1936) HARRY PEAL, Respondent, v. GULF RED CEDAR COMPANY OF CALIFORNIA, INC. (a Corporation), Appellant. Civ. No. 5534. California Court of Appeals. Third Appellate District. July 6, 1936. Hubert H. Briggs and Frederick L. Felton for Appellant. Levinsky & Jones and James C. Nichols for Respondent. Steel, J., pro tem. Plaintiff and respondent herein brought this acti...
Views: 1
The defendant was convicted of robbery of the first degree. He took an appeal from the judgment of conviction and the transcript was filed in this court on April 7, 1936. The cause was placed upon the calendar for oral argument on May 11, 1936. Appellant had failed to file a brief and there was no appearance made on his behalf at the time set for oral argument. At the suggestion of the attorney-ge...
Views: 0
In this action to establish a resulting trust, defendant had judgment and plaintiff appeals. Plaintiff is a corporation in which Thomas G. Hutt, deceased, was a large stockholder. Deceased died in 1929 and his estate was distributed in the same year. Certain property was distributed to defendant as trustee under the last will and testament of said deceased. Part of the property so distributed w...
Views: 0
15 Cal. App. 2d 172 (1936) THE PEOPLE, Respondent, v. JOHN HENRY WILSON, Appellant. Crim. No. 2822. California Court of Appeals. Second Appellate District, Division One. July 6, 1936. Henry E. Carter and Joseph T. Raycraft for Appellant. U.S. Webb, Attorney-General, and R. S. McLaughlin, Deputy Attorney-General, for Respondent. York, J. Appellant was charged with the crime of murder by inf...
Views: 2
The defendants were charged in an indictment with having feloniously asked and with having agreed to receive and with having received from Roy Weitzel and Gerald Rokes a bribe in the sum of $125 for the purpose of influencing their action in their official capacity as police officers in the city of Los Angeles with relation to the arrest and prosecution of the said Roy Weitzel and Gerald Rokes. Th...
Views: 10
This is an action for damages for injuries suffered by the minor plaintiff while riding on a bus owned by the defendant school district and driven by the defendant DeVelbiss. The accident happened while the bus was meeting a truck owned and operated by the other individual defendants. A jury found in favor of the plaintiffs and against both sets of defendants. From the judgment which followed the ...
Views: 1
15 Cal. App. 2d 120 (1936) THE PEOPLE, Respondent, v. HAZEL GLAB, Appellant. Crim. No. 2875. California Court of Appeals. Second Appellate District, Division Two. June 30, 1936. S. S. Hahn and W. O. Graf for Appellant. U.S. Webb, Attorney-General, and Eugene M. Elson, Deputy Attorney-General, for Respondent. Gould, J., pro tem. Fatally wounded by a bullet which coursed through his right ch...
Views: 8
The appellant insurance company issued a policy of accident insurance to John J. Whelan calling for the payment of the principal sum of $5,000 in the event his death was 11 caused directly and independently of all other causes by violent and accidental means”, and double the principal sum if death was caused by injury received “while riding as a passenger in a regular passenger elevator ear”. T...
Views: 0
Plaintiff appeals from a judgment in favor of defendant after the trial court sustained a demurrer without leave to amend to plaintiff’s complaint, which alleged that defendants had libeled plaintiff. The complaint alleged that the defendant Forest Lawn Memorial Park Association, Inc., had caused to be published as an advertisement in various newspapers in Los Angeles County, California, an affida...
Views: 2
15 Cal.App.2d 762 (1936) SAMUEL L. KURLAND, Appellant, v. FOREST LAWN MEMORIAL PARK ASSOCIATION, INC., et al., Respondents. Civ. No. 10909. California Court of Appeals. Second Appellate District, Division Two. June 27, 1936. Don M. Kitzmiller and F. D. R. Moote for Appellant. Call & Murphey, Robert B. Murphey, Alex W. Davis, Hill, Morgan & Bledsoe and Vincent Morgan for Respondents. ...
Views: 0
Plaintiff appeals from a judgment in favor of defendant after the trial court sustained a demurrer without leave to amend to plaintiff’s complaint, which alleged that defendant had libeled plaintiff. On a similar set of facts we have this day decided in the case of Pollard v. Forest Lawn Memorial Park Association, Inc., Civil No. 10908 (ante, p. 77 [59 Pac. (2d) 203]) the identical questions of la...
Views: 0
15 Cal. App. 2d 180 (1936) THE PEOPLE, Respondent, v. A. J. ROSSI, Appellant. Crim. No. 1498. California Court of Appeals. Third Appellate District. July 6, 1936. Chris D. Johnson and O. F. Meldon for Appellant. U.S. Webb, Attorney-General, and Wilmer W. Morse, Deputy Attorney-General, for Respondent. The Court. Appellant was charged in an information with the crime of buying or receiving ...
Views: 6
15 Cal. App. 2d 82 (1936) In the Matter of the Application of FREDERICK LEMON for a Writ of Habeas Corpus. Crim. No. 1901. California Court of Appeals. First Appellate District, Division Two. June 29, 1936. Harry A. McKenzie, J. H. Sapiro and Edwin V. McKenzie for Petitioner. Matthew Brady, District Attorney, and Leslie C. Gillen, Assistant District Attorney, for Respondent. Spence, J. Pet...
Views: 8
15 Cal. App. 2d 93 (1936) In the Matter of the Application of THOMAS HOERTKORN, for a Writ of Habeas Corpus. Crim. No. 1900. California Court of Appeals. First Appellate District, Division Two. June 29, 1936. Harry A. McKenzie, J. H. Sapiro and Edwin V. McKenzie or Petitioner. Matthew Brady, District Attorney, and Leslie C. Gillen, Assistant District Attorney, for Respondent. Spence, J. Th...
Views: 2
15 Cal. App. 2d 36 (1936) FRANK J. MATTHEWS, Appellant, v. SOUTHERN PACIFIC COMPANY (a Corporation), Respondent. Civ. No. 1738. California Court of Appeals. Fourth Appellate District. June 26, 1936. Clifton Hildebrand, Louis E. Goodman and Louis H. Brownstone for Appellant. McFadzean & Crowe and W. H. Stammer for Respondent. Marks, J. Plaintiff brought this action under the provisions ...
Views: 2
15 Cal. App. Supp. 2d 765 (1936) SAM S. SPIEGELMAN, Appellant, v. WILLIAM HAWLEY BOWLUS et al., Defendants; JACOB TELLER, Respondent. California Court of Appeals. June 11, 1936. Irving Shore for Appellant. Porter & Sutton for Respondent. Bishop, J. Standing between us and the judgment appealed from is the shadow of a final order granting a [15 Cal. App. Supp. 2d 766] new trial. We say th...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 288 IN BANC. Suit by the City of Portland, a municipal corporation, against H.U. Welch, County Assessor for Multnomah county, Oregon, and others, wherein F.G. Gleichman, an employee of the City of Portland, in the capacity of fireman, personally, and as the r...
Views: 11
Action by E.A. Johnson against E.T. Steele and another, and the Texas Company. Judgment for plaintiff, and defendant Texas Company appeals. AFFIRMED. The appellant (one of the three defendants) does not question the sufficiency of the evidence to establish negligence, proximate cause and the *Page 139 awarded damages, but contends that the record contains no substantial evidence indicating that t...
Views: 8
Action by Evelyn R. Umphlette against the City of Silverton and others. Judgment for plaintiff, and defendants appeal. AFFIRMED. *Page 158 This action was instituted by Evelyn R. Umphlette against the City of Silverton and I.D. Worden and Emma J. Worden, his wife, to recover damages for personal injuries suffered by plaintiff in falling on the sidewalk in front of the Wordens' property in Silvert...
Views: 7
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 64 IN BANC. Charles Cook and Mabelle Emerson were convicted of unlawfully selling alcoholic liquor, and they appeal. AFFIRMED. The defendants Charles Cook and Mabelle Emerson were indicted by the grand jury of Coos county, tried and convicted of the crime of ...
Views: 6
Proceeding instituted by petition of Willis E. Potter, now deceased, for an order of the probate department of the Circuit Court of Multnomah County setting aside to petitioner certain real property as a homestead and certain personal property as exempt from execution, which real and personal property was owned by petitioner's wife, Sola Potter, at the time of her death. AFFIRMED AS MODIFIED. On O...
Views: 4
IN BANC. Action by Roy O. Burnett against Mandell Weinstein. Verdict and judgment for plaintiff, and defendant appeals. AFFIRMED. REHEARING DENIED. This personal injury action arose out of a collision between two automobiles on the Pacific highway a short distance north of Vancouver, Washington. The accident occurred at about 3:30 o'clock on the afternoon of July 25, 1934. Plaintiff was driving a ...
Views: 6
In Banc. This cause is an action at law in which judgment was entered in favor of plaintiff-respondent on October 18, 1935. No bill of exceptions was tendered or served within the 60 days thereafter. On January 2, 1936, appellant filed a motion in the trial court asking for an extension of time in which to file and present such bill of exceptions. The trial court took the matter under advisement a...
Views: 6
This action was commenced by George W. Egan, upon a life insurance policy for $1,000, issued August, 1917, by the International Life Insurance Company of St. Louis, Mo., upon the life of Josephine Keith, afterwards Josephine Bronson. *Page 349 Shortly after the policy was issued George W. Egan loaned the insured $250, and she assigned the policy to him. The insurance company recognized and accept...
Views: 0
C.E. Kenney, by his agent Virgil Brown, was protestant before the Commissioners of the Land Office, commonly called the School Land Commission, and was then appellant in the district court of Jefferson county, and is now defendant in error in this court. It will make the statement of facts simpler if we call him A. The plaintiff in error, A.H. Dickey, was protestee before the School Land Commissio...
Views: 0
The Layne-Western Company brought this action against the city of Depew for the sum of $2,481.01 as the price of a turbine pump which it sold to that city and installed in its waterworks system in the month of April, 1932. Plaintiff's petition alleged: "That on or about said date the pumping machinery for said waterworks system and plant broke down and ceased to function and that by reason thereof...
Views: 4
In the district court of Carter county the plaintiff obtained a writ of mandamus against the board of county commissioners and the excise board of that county requiring them to make an appropriation for the compensation due the plaintiff as county superintendent of public health, according to the provisions therefor contained in section 7770, O. S. 1931. The defendants have appealed, contending th...
Views: 2
This is an appeal by plaintiff below from the district court of Pottawatomie county, wherein judgment was rendered for defendant below. The parties will be referred to as they appeared in the trial court. The defendant Fred Dunbar was not served with summons and made no appearance, and the facts revealed no partnership between the Shoshone brothers, so the case before us involves the right of plai...
Views: 1
This suit was filed by plaintiff in error, as plaintiff, against the defendant in error Employers" Casualty Company, a corporation, W.B. Todd, and Howard H. Thomas. A motion on the part of W.B. Todd to quash the service upon him was by the court sustained. No appeal was taken from that action of the court. The record before the court does not show service upon the defendant Howard H. Thomas, nor a...
Views: 2
This is an original proceeding in this court brought by Harris Meat Produce Company and Equity Mutual Insurance Company, as petitioners, to obtain the review of an award made by the State Industrial Commission in favor of the respondent Henry G. Brown. The respondent on February 11, 1935, while engaged in repairing certain refrigerating machinery for the petitioner Harris Meat Produce Company su...
Views: 0
This is an original proceeding in this court brought by the Enid Cemetery Association and its insurance carrier, as petitioners, to obtain the review and vacation of an award made by the State Industrial Commission in favor of the respondent Jim Frank Grace. The sole question presented for our determination is whether the State Industrial Commission had jurisdiction to award compensation. As said ...
Views: 0
This action was commenced in Canadian county by plaintiff as administratrix of the estate of her deceased husband, Ed C. Stuckwish, to recover for his alleged wrongful death while employed by defendant. The action was for the benefit of the widow and three children. One of the grounds of defense was a plea of estoppel or res adjudicata by reason of an alleged former judgment rendered in favor of d...
Views: 2
In this action the plaintiff, Millie Naharkey (referred to herein as *Page 372 "Little" Millie Naharkey for the purpose of distinction), an incompetent, who is a three-quarters blood citizen of the Creek Nation, seeks through her guardian, the First National Bank Trust Company, to recover from the Sand Springs Home, a corporation, a one-sixth interest in 80 acres of land described as the north o...
Views: 0
This is an action by an attorney to recover a fee for services rendered under an express contract. Plaintiff alleged that he was employed by defendant to recover $5,800 from certain people by whom defendant claimed to have been defrauded and damaged in that amount. Plaintiff alleged that defendant agreed to pay him for services to be rendered a retainer of seventy-five dollars and one-third of an...
Views: 0
This appeal is from an order granting respondents a new trial upon the sole ground that the verdict was against the weight of the evidence. The verdict in favor of appellant, defendant in the case, was filed October 17, 1933. On October 19, 1933, respondents moved for a new trial upon the seven statutory grounds, including that of insufficiency of the evidence to justify the verdict, and that it i...
Views: 2
The plaintiff, by his amended complaint, alleges that he is a qualified voter, a member of the Republican party and desirous of advancing its principles, and as such he seeks to restrain the defendant, as county auditor, from proceeding officially in accordance with the terms of chapter 26, Laws of 1935, p. 60, upon the theory that the act mentioned is unconstitutional in a number of particulars, ...
Views: 0
Philip B. Hopffgarten died November 14, 1932. By a nonintervention will dated July 10, 1928, he named his wife, Kathryn Lee Hopffgarten, executrix to serve without bond. He devised and bequeathed to his wife their home and its furnishings and an automobile. The testator then provided that all of his other property, consisting of cash, stocks, bonds and, in fact, all his other personal property, be...
Views: 0
The complaint alleges that, during the first half of the year 1932, the exact date being unknown to plaintiff, defendant, for value and profit, leased and let to plaintiff one of its certain warehouses or storage compartments in the Salmon Bay Division on the property commonly designated as "Fisherman's Dock," owned, conducted and maintained by defendant in the city of Seattle, and surrendered exc...
Views: 0
M. Y. Ellis, hereinafter called petitioner, was for some two and one-half years in *96 tlie employ of the city of Phoenix, hereinafter called the employer, at its sewage disposal plant. About 11:30 in the morning of July 26, 1935, while he and a coemployee were installing a certain timber, the scaffolding upon which he was standing gave way. He grasped a chain hanging near, and, as a result, on...
Views: 2
On April 10, 1935, John Sarakoff, hereinafter called petitioner, filed a claim for compensation with the Industrial Commission of Arizona, hereinafter called the commission, for injuries which he claimed he suffered as a result of an accident occurring in the course of his employment on November 1, 1934. On April 25, 1935, the commission made an award in which it found that his condition was not ...
Views: 5
The defendant, V.L. Hash, was convicted of raping Nora Edgar, a sixteen year old girl not his wife, which under the statute is a crime regardless of the girl's consent. In other words, under the law she was incapable of consenting. Section 4596, Rev. Code 1928. The information fixed the 5th day of May, 1935, as the time the act was committed. The defendant's defenses were (1) a denial of the act a...
Views: 12
Dorothea Irene Turley, hereinafter called defendant, was informed against by the county attorney of Apache county, for the crime of assault with intent to commit murder. She was tried before a jury which returned a verdict of guilty on the 10th day of June, 1934, and judgment was duly pronounced upon said verdict, sentencing her to a term of not less than ten nor more than twenty-five years in the...
Views: 18
George W. Brown, hereinafter called petitioner, has brought before us for review an award of the Industrial Commission made on the 17th day of January, 1936, denying him additional compensation. The history of this case shows a *Page 162 somewhat unusual situation, and may be stated as follows: In the year 1922 petitioner, then a young, healthy, able-bodied man, was seriously injured in an automo...
Views: 2
On November 2, 1929, the defendants, W.S. Bontag and Melia F. Bontag, his wife, executed and delivered to Henry Bamesberger and Mary E. Bamesberger, husband and wife, their three promissory notes of $1,000 each, bearing interest at seven per cent. payable, respectively, three, four and five years after date, and on January 14, *Page 169 1930, secured their payment by executing and delivering to t...
Views: 0
The judgment in this case was affirmed by us on the 4th day of November, 1935. We stated in the opinion that the sole questions involved on the appeal were whether the evidence sustained the findings of fact and the findings sustained the judgment, and gave an affirmative answer to both questions. On a motion for rehearing, counsel for the plaintiff urged most strenuously that we were in error in...
Views: 5
Ernest Valdez was convicted in the superior court of Yavapai county of the crime of burglary, and was sentenced to serve not less than three nor more than five years in the state prison. The state, believing that this sentence was erroneous, has attempted to appeal from the judgment pronounced on the verdict of guilty. After the appeal was taken, defendant moved to dismiss it on the ground that no...
Views: 4
On the 14th day of November, 1935, the County Attorney filed in the superior court of Coconino county an information charging that on *Page 153 the first day of June, 1935, one Earl Heckethorn "did, then and there wilfully, unlawfully, deliberately, feloniously and knowingly brand a neat animal to wit: a red heifer calf, the personal property of one C.E. Thomson, with a brand other than the recor...
Views: 0
Appellant (garnishee bank) in its motion and brief for rehearing says: "We respectfully submit that the opinion in this case is not a decision of the case disclosed by the *Page 88 record. It wholly overlooks the real issue in the case and should be set aside and a rehearing granted, in order that the court may consider and pass upon the real issue of the case." We did not intend to do what the a...
Views: 0
This cause comes to this court by proceedings in error to review a judgment of the district court of Natrona County in an action wherein E.J. Morton was plaintiff and E.W. Willard and Nebraska Bond and Mortgage Company, with other parties not involved here, were defendants. The separate general demurrers of the named defendants to the plaintiff's petition in said action were overruled, and inasmuc...
Views: 0
On and for a number of years prior to April 25, 1930, appellant, Edwin R. Harris, hereinafter called the "purchaser", was engaged in farming approximately 320 acres of dry farm land near Ririe, Idaho. On that date, he entered into a contract with the Advance-Rumely Thresher Company, Inc., to purchase a tractor and equipment for use on his farm and, to evidence the purchase price thereof, made, exe...
Views: 1
The appellant filed a bill in the district court to enjoin the collection of certain taxes assessed and levied by the appellee upon appellant's property situated within the corporate limits of the appellee town. Appellee answered alleging that under a special charter granted to that town in 1878 it had authority to assess and levy such taxes, and such authority had never been repealed by the Legis...
Views: 3
From a judgment in a proceeding to determine heirship, adjudging that appellee was the lawful wife of Julio Jubala, deceased, the appellant has prosecuted this appeal. Julio Jubala, also known as Jawala Singh, died in Dona Ana county, N.M., on the 27th day of December, 1932. He had been married to the appellant, Soledad Garcia Jubala, for several years, and had four children. Upon his death, appel...
Views: 5
From a judgment in a proceeding to determine heirship, adjudging that appellee was the lawful wife of Julio Jubala, deceased, the appellant has prosecuted this appeal. Julio Jubala, also known as Jawala Singh, died in Dona Ana county, N'. M., on the 27th day of December, 1932. He had been married to the appellant, Soledad Garcia Jubala, for several years, and had four children. Upon his death, ap...
Views: 0
An information was filed in the district court of Curry county charging the appellant with the crime of mayhem. Comp.St. 1929, § 35-401. Upon trial and verdict of guilty, appellant was sentenced to a term in the penitentiary of not less than one nor more than two years. From the verdict and sentence the case is here on appeal. We have carefully reviewed the evidence. It is needless to set forth th...
Views: 1
MILLARD, C.J., HOLCOMB, STEINERT, and GERAGHTY, JJ., dissent. *Page 613 George Allen died in May, 1931. An administrator was appointed for his estate July 9, 1931. The estate was appraised at $3,042.31. Of this amount, $2,914.31 was cash in banks. April 30, 1934, the administrator filed his final account. By this account, it appeared that the general expenses of administration were $494.70. This ...
Views: 0
This appeal is from an order sustaining a demurrer interposed by respondent to the affirmative answer and cross-complaint contained in the second amended answer of appellant and from judgment entered on the pleadings. In his complaint, respondent sues to recover on three fire insurance policies. The complaint alleges that respondent was and is the owner of real property *Page 553 located at 1515-...
Views: 0
STEINERT and MITCHELL, JJ., dissent. This is an appeal from a judgment directing the issue of a peremptory writ of mandate requiring the appellants, Walter J. Robinson and G.W. Hamilton, director of agriculture andAttorney *Page 558 General, respectively, to approve a warehouseman's bond, tendered by the respondent in compliance with the provisions of Rem. Rev. Stat., § 6996, as amended by chapter...
Views: 1
Following an injury to his right arm, sustained while engaged in extrahazardous employment, respondent filed a claim for compensation with the department of labor and industries. Being dissatisfied with an allowance of six degrees permanent partial disability made by the department, he appealed to the superior court, which allowed compensation for five additional degrees. This allowance was paid, ...
Views: 2
MILLARD, C.J., BLAKE, MITCHELL, and MAIN, JJ., dissent. The appellants, as plaintiffs, by this action sought the issuance of a writ of prohibition to prevent the defendants from in any manner enforcing or attempting to enforce chapter 200, Laws of 1907, p. 425 (Rem. Rev. Stat., § 9843 [P.C. § 2880] etseq.), as against them. From a judgment of dismissal, entered after trial on the merits, the plain...
Views: 3
In this action, the relator below, W.T. Farmer, as sheriff of Whatcom county, sought a peremptory writ of mandate directing the members *Page 578 of the board of county commissioners of that county to vacate and rescind a resolution, by the terms of which the number of deputies authorized to be employed by the relator in his office as sheriff was reduced from six to four, and requiring the commis...
Views: 3
On October 18, 1929, the plaintiff filed a complaint in the circuit court for Lake county, seeking to recover the balance of an account. The defendant demurred to the complaint on the ground that several causes of action had been improperly united in the complaint. On February 10, 1930, after a hearing thereon in which both parties appeared by counsel, the court entered an order sustaining the de...
Views: 0
IN BANC. Suit by the Hibernia Securities Company against the United Manufacturing Company, H.A. Brown, and others, in which the first-named defendant filed a counterclaim. Decree for plaintiff against the first-named defendant, and the first-named defendant appeals. AFFIRMED. REHEARING DENIED. The complaint, omitting mention of matters immaterial to this appeal, alleges that December 10, 1929, the...
Views: 0
IN BANC. Proceeding in the matter of the estate of F.P. Mays, deceased. From a decree of the circuit court affirming a determination of inheritance tax by the county court of the estate of F.P. Mays, deceased, in favor of G.W. Mays, as executrix of the last will and testament of F.P. Mays, deceased, and others, Rufus C. Holman, as state treasurer of the state of Oregon, appeals. REVERSED. This is ...
Views: 6
IN BANC. Charles Ray Boag was convicted of manslaughter, and he appeals. REVERSED. REHEARING DENIED. On the 2d day of August, 1935, defendand was driving his Ford motor truck on Wynooski street in the city of Newberg, Yamhill county, Oregon, and his truck then and there collided with a Chevrolet sedan automobile in which Mrs. Olive May was riding. *Page 356 Mrs. May sustained injuries which five ...
Views: 9
Action by Fred Landis against J.J. Wick. From a judgment for the plaintiff, the defendant appeals. AFFIRMED. REHEARING DENIED. December 17, 1934, at about 5:40 p.m., the plaintiff, while proceeding southerly upon his bicycle on the West Side Pacific highway near Whiteson, *Page 201 was struck and injured by the defendant's automobile which was going in the same direction. The principal contention...
Views: 13
IN BANC. Proceeding in the matter of the estate of Thomas Traaen, deceased. From a judgment vacating an order appointing J. LeRoy Smith, administrator de bonis non, J. LeRoy Smith appeals. AFFIRMED. REHEARING DENIED. On March 21, 1932, Thomas Traaen died intestate in Multnomah county, Oregon. On May 13, 1932, Carrie Traaen, his widow, filed her petition for appointment as administratrix of the est...
Views: 4
John D. Smith was charged in the district court with the crime of murder and made his appearance bond in the sum of $10,000. The defendants in the present action, who are also the defendants in error, were his sureties on the appearance bond. John Smith failed to appear on the date for his trial, and the court ordered his bond forfeited and directed the county attorney to file suit against the sur...
Views: 0
15 Cal. App. 2d 259 (1936) IDA G. LUFKIN, Respondent, v. PATTEN-BLINN LUMBER COMPANY (a Corporation), Appellant. Civ. No. 10557. California Court of Appeals. Second Appellate District, Division One. July 8, 1936. Dana R. Weller for Appellant. Martin Forrest for Respondent. *260 White, J., pro tem. This is an action for damages brought by Ida G. Lufkin against Patten-Blinn Lumber Co., a cor...
Views: 12
15 Cal. App. 2d 336 (1936) THE PEOPLE, Respondent, v. CHARLES P. TEMPLE et al., Appellants. Crim. No. 2838. California Court of Appeals. Second Appellate District, Division One. July 10, 1936. Paul Tapley and S. Ward Sullivan for Appellants. U.S. Webb, Attorney-General, and John O. Palstine, Deputy Attorney-General, for Respondent. Shinn, J., pro tem. Defendants Charles P. Temple and Fred ...
Views: 6
15 Cal.App.2d 427 (1936) OLIVE MILLER, Plaintiff and Appellant, v. EMMA ROACH et al., Defendants; HARRY F. WEBER, Jr., et al., Defendants and Appellants. Civ. No. 1916. California Court of Appeals. Fourth Appellate District. July 13, 1936. C. A. Ballreich for Plaintiff and Appellant. Martin Gang for Defendants and Appellants. Turrentine, J., pro tem. Emma Roach executed a note secured by m...
Views: 0
An action was filed by Mary Marcus against her son Louis Marcus, defendant and appellant herein, to rescind for lack of consideration a conveyance by. her to appellant of an undivided one-half interest in a particular piece of real property, and to quiet her title thereto. During the pendency of this action Mary Marcus died, and Russell D. Hardy, as special administrator of her estate, was substit...
Views: 1
The defendant appeals from an order imposing sentences and judgments entered in a jury-waived case, in which she was found guilty on two counts the first charging attempted murder; • the second, the crime of administering poison to a human being with intent to kill, as defined in section 216 of the Penal Code. The trial judge imposed sentence at Tehachapi Women’s Division of San Quentin State P...
Views: 0
15 Cal. App. 2d 440 (1936) EDGAR C. ROWE et al., Respondents, v. W. Y. STODDARD et al., Defendants; FRED E. BARNETT et al., Appellants. Civ. No. 5593. California Court of Appeals. Third Appellate District. July 14, 1936. Glensor, Clewe, Schofield & Van Dine and M. C. Kerr for Appellants. Young & McMillan for Respondents. Thompson, J. This is an appeal from an order denying a motion...
Views: 1
15 Cal. App. 2d 272 (1936) In the Matter of the Estate of GEORGE H. ALLAN, Deceased. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION et al., Appellants, v. MAUD MARIE ALLAN, Respondent. Civ. No. 10741. California Court of Appeals. Second Appellate District, Division One. July 8, 1936. W. H. Douglass, Freston & Files and Ralph E. Lewis for Appellants. LeCompte Davis, Alfred F. MacD...
Views: 5
Plaintiff sought to recover from defendant $1428.57 paid by her as part of the purchase price of a large tract of land in Los Angeles County. Her original subscription to a fund used in this purchase was $1,000. She paid $428.57 in assessments. The action is grounded solely on the failure of defendant to secure from the corpo *352 ration commissioner of California a permit to issue securities. ...
Views: 1
The appellant was convicted of a violation of section 288 of the Penal Code of the state of California. The pertinent facts are as follows: On the evening of December 26, 1935, while appellant was escorting two children, Ida Nancy Dunning, age eight years, and George Dunning, age three and one-half years, from his home in Tuba City to the home of their parents in the same city, he entered the Chri...
Views: 3
In these two proceedings (consolidated by stipulation) petitioners sought writs of mandate to compel respondent as City Clerk of the City of Alameda to certify as sufficient two petitions for the recall of Charles W. Broyles and Bruce A. Munro, city couneilmen of said city. On the return of the alternative writs yesterday, peremptory writs of mandate were granted as prayed. We here set forth brief...
Views: 1
15 Cal. App. 2d 141 (1936) B. B. KRASNOW, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY et al., Respondents. Civ. No. 5666. California Court of Appeals. Third Appellate District. July 2, 1936. Levinsky & Jones and James C. Nichols for Petitioner. Thomas B. Leeper for Respondents. The Court. This cause was originally before us upon the application of the above named petitioner ...
Views: 6
15 Cal. App. 2d 163 (1936) BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION ( a National Banking Association), Respondent, v. JAMES N. CASADY et al., Appellants. Civ. No. 10610. California Court of Appeals. Second Appellate District, Division One. July 6, 1936. Wier Casady for Appellants. Edmund Nelson, John E. Walter and Freston & Files for Respondent. Roth, J., pro tem. This is...
Views: 1
15 Cal. App. 2d 316 (1936) CHAS. R. PENNINGTON, Petitioner, v. WILLIAM G. BONELLI, as Director of the Department of Professional and Vocational Standards, etc., Respondent. Civ. No. 5600. California Court of Appeals. Third Appellate District. July 9, 1936. H. Boyarsky and Emile Grossman for Petitioner. U.S. Webb, Attorney-General, and Lionel Browne, Deputy Attorney-General, for Respondent. ...
Views: 3
15 Cal. App. 2d 211 (1936) ROY S. YOUNGLOVE et al., Respondents, v. NICHOLAS W. HACKER et al., Appellants. Civ. No. 5632. California Court of Appeals. Third Appellate District. July 6, 1936. Stuart H. Hacker for Appellants. Merriam, Rinehart & Merriam for Respondents. Plummer, J. This action was begun by the plaintiffs to obtain rescission of a certain contract set forth in the complaint f...
Views: 0
15 Cal. App. 2d 307 (1936) EMILIA J. BARNHARDT, Respondent, v. C. T. GRAY et al., Appellants. Civ. No. 5560. California Court of Appeals. Third Appellate District. July 9, 1936. M. C. Kerr and A. M. Mull, Jr., for Appellants. A. B. Reynolds and S. H. Jones for Respondent. Plummer, J. This cause is before us upon an appeal by the respondents from a judgment of the Superior Court of the Stat...
Views: 2
15 Cal. App. 2d 340 (1936) BERNICE HAMILTON, Respondent, v. UNION PUBLIC MARKET et al., Defendants; GORE BROTHERS, INC., et al., Appellants. Civ. No. 10627. California Court of Appeals. Second Appellate District, Division One. July 10, 1936. J. M. Clements and James V. Brewer for Appellants. Maynard Garrison for Respondent. Shinn, J., pro tem. Plaintiff, while in a public market to make a ...
Views: 3
This is an application for a writ of mandate by the petitioners against the Superior Court of Los Angeles County upon the ground that the respondent in a certain action pending therein entitled Glenn Winslow et al., Plaintiffs, v. Harold G. Ferguson Corporation et al., De *280 fendmts, numbered 315558, denied a motion of the petitioner Bank of America to di...
Views: 2
Plaintiff issued a policy of life insurance on the life of John V. Hanes, under date of August 1, 1929. Prior to April 7, 1932, the named beneficiaries were John V. Hanes, Jr., and William G. Hanes, his minor sons. On April 7, 1932, the insured executed in due form and delivered to Allen E. Sawyers, who was the agent of plaintiff, a request for change of beneficiary to Dorothy A. Hanes, his wife, ...
Views: 0
16 Cal. App. Supp. 2d 759 (1936) MARIE E. COOK, Respondent, v. FRANK J. WINKLEPLECK, Appellant. California Court of Appeals. June 19, 1936. James F. McBryde for Appellant. Sparling & Teel for Respondent. Shaw, P. J. This action was originally begun in the Superior Court of the County of Los Angeles, by a complaint [16 Cal. App. Supp. 2d 762] filed on August 8, 1934. The case proceeded in...
Views: 4
COMPLAINANTS are hereinafter referred to as the committee, and respondents as the banks, or as the Colorado, the International, the Denver, the United States, and the American, respectively. The committee says the banks are practicing law and the banks deny the charge. Originally one Walker charged the Colorado and its trust officer that through said officer, but as the corporation, it drafted a w...
Views: 1
THIS case arises under the Workmen's Compensation Act. Bukowich, the claimant, plaintiff in error here, asks us to reverse the judgment of the Denver district court which vacated an award of compensation by the Industrial Commission in his favor and against the Ford Motor Company, and ordered a dismissal as to that company and its insurance carrier, the Travelers Insurance Company. [1] Originally ...
Views: 2
6 Cal. 2d 765 (1936) J. F. KATENKAMP et al., Appellants, v. UNION REALTY COMPANY (a Corporation), Respondent. L. A. No. 14635. Supreme Court of California. In Bank. July 13, 1936. Leland Crawford, A. W. Robertson and Maxwell Nichols for Appellants. Heaney, Price & Postel and Heaney, Price, Postel & Parma for Respondent. THE COURT. This is an action in equity for a mandatory injunct...
Views: 22
6 Cal. 2d 709 (1936) COUNTY OF SAN DIEGO (a Political Subdivision), Petitioner, v. CHAUNCEY R. HAMMOND, as County Auditor and Controller, Respondent. S. F. No. 15604. Supreme Court of California. In Bank. July 1, 1936. Thomas Whelan, District Attorney, and James B. Abbey, Special Deputy District Attorney, for Petitioner. U. T. Clotfelter and L. W. Butterfield, as Amici Curiae on Behalf of Pe...
Views: 11
6 Cal.2d 695 (1936) COUNTY OF LOS ANGELES (a Body Corporate and Politic), Petitioner, v. ALFRED JONES, as County Surveyor, etc., Respondent. S. F. No. 15624. Supreme Court of California. In Bank. July 1, 1936. Everett W. Mattoon, County Counsel, and Harold W. Kennedy, Deputy County Counsel, for Petitioner. O'Melveny, Tuller & Myers and James L. Beebe, as Amici Curiae on Behalf of Petitio...
Views: 11
6 Cal. 2d 646 (1936) PAUL B. HAMMOND et al., Petitioners, v. CITY OF BURBANK (a Municipal Corporation) et al., Respondents. L. A. No. 15223. Supreme Court of California. In Bank. June 30, 1936. E. C. Pyle and Chas. L. Childers for Petitioners. *649 Robert H. Dunlap, George R. Larwill, Victor Ford Collins and Dryer, Castle & Richards, as Amici Curiae on Behalf of Petitioners. Ralph W. Sw...
Views: 10
Petitioner is the owner of certain improvement bonds issued as a result of three distinct improvements *667initiated by the City of Compton under the 1911 Improvement Act (Stats. 1911, p. 730, as amended), the bonds being issued under the Bond Improvement Act of 1915 (Stats. 1915, p. 1441, as amended). He seeks the writ of mandamus to compel the respondent city and its officers, and the respondent...
Views: 2
This in an appeal by defendants from .a judgment in favor of plaintiffs in an action brought to recover damages for the death of Ralph E. Battison, deceased. The action was originally brought by Charles Matson, as the administrator of the estate of said deceased. The complaint contained the usual allegations regarding the qualifications of said administrator. Said allegations were merely denied f...
Views: 0
15 Cal. App. 2d 202 (1936) In the Matter of the Estate of WILLIAM FOREST FULTON, Deceased. LOUISA J. FULTON, Petitioner and Appellant; S. G. FULTON, Executor and Respondent. Civ. No. 5627. California Court of Appeals. Third Appellate District. July 6, 1936. R. V. Wilcox and Dennett & Zion for Appellant. W. Coburn Cook for Respondent. *203 Pullen, P. J. This is a controversy involving t...
Views: 4
15 Cal. App. 2d 423 (1936) ELOISE ALMANERZ et al., Appellants, v. SAN DIEGO ELECTRIC RAILWAY COMPANY (a Corporation) et al., Respondents. Civ. No. 1183. California Court of Appeals. Fourth Appellate District. July 13, 1936. Clifford C. Pease for Appellants. Morrison, Hohfeld, Foerster, Shuman & Clark and V. F. Bennett for Respondents. Barnard, P. J. This is an action for damages for pe...
Views: 2
15 Cal.App.2d 239 (1936) TITLE GUARANTEE & TRUST COMPANY (a Corporation), Respondent, v. SARAH STAHLER et al., Appellants; W. H. BILYEU et al., Cross-Defendants and Respondents. Civ. No. 5521. California Court of Appeals. Third Appellate District. July 7, 1936. H. M. Mayes for Appellants. F. E. Davis and Hyams & Himrod for Respondents. Pullen, P. J. Plaintiff commenced this action against ...
Views: 1
Appellants were charged by an amended information, containing thirteen counts. Count I charged a violation of section 209 of the Penal Code, to wit, kidnaping for the purpose of robbery; count II, the crime of kidnaping, a felony; counts III, IV, V, VI and VII, the crimes of rape, felonies; counts VIII, IX, X, XI and XII, violations of section 288a of the Penal Code; and count XIII, the crime o...
Views: 2
15 Cal. App. 2d 282 (1936) CARRIE FRANCIS et al., Appellants, v. F. O. RIDDLE et al., Respondents. Civ. No. 1757. California Court of Appeals. Fourth Appellate District. July 8, 1936. Farnsworth, Burke & Maddox and James K. Abercrombie for Appellants. McFadzean & Crowe for Respondents. Barnard, P. J. This is an action for damages arising out of a collision between a pedestrian and ...
Views: 4
In this action for damages for personal injuries judgment was entered on November 23, 1934, based upon the verdict of a jury. A motion for a new trial was argued on January 14, 1935, on two grounds, namely, that the evidence was insufficient to justify the verdict and that the verdict is against law. On January 22, 1935, the motion for a new trial was granted and the deputy clerk was ordered to en...
Views: 3
15 Cal. App. 2d 232 (1936) THOMAS J. POTTER, Respondent, v. THE CITY OF COMPTON (a Municipal Corporation) et al., Appellants. Civ. No. 10758. California Court of Appeals. Second Appellate District, Division One. July 7, 1936. Ralph K. Pierson, City Attorney, Mitchell & Johnson and James H. Mitchell for Appellants. Swaffield & Swaffield, Kenneth Sperry and Joseph E. Madden for Respond...
Views: 2
Appellants challenge the jurisdiction of the trial court to grant relief from the default of respondent, resulting from his inadvertent failure to file his memorandum of costs within the statutory time after notice of entry of judgment. Upon authority of Soda v. Marriott, 130 Cal. App. 589 [20 Pac. (2d) 758], we hold that the court had jurisdiction to make the order appealed from, and it is theref...
Views: 4
Plaintiff: appeals from a judgment of non-suit entered upon the ground that his evidence made out a case of contributory negligence as a matter of law. The cause was tried before a jury, and the motion was granted at the close of plaintiff’s ease. The facts are fairly stated in appellant’s opening brief as follows: “Fruitvale Avenue, a two way street about forty-five feet wide, in Oakland, runs...
Views: 0
15 Cal. App. 2d 302 (1936) SECURITY-FIRST NATIONAL BANK OF LOS ANGELES (a National Banking Association), Respondent, v. EDUARDO DE LA CUESTA, Appellant. Civ. No. 10546. California Court of Appeals. Second Appellate District, Division One. July 9, 1936. Henry G. Bodkin for Appellant. Heaney, Price, Postel & Parma for Respondent. Shinn, J., pro tem. Appeal from a judgment for the recover...
Views: 0
15 Cal. App. 2d 443 (1936) In the Matter of the Application of JAMES MIRANDO for a Writ of Habeas Corpus. Crim. No. 1514. California Court of Appeals. Third Appellate District. July 14, 1936. Thomas E. Reynolds for Petitioner. Philip B. Lynch, District Attorney, and K. I. Jones, Deputy District Attorney, for Respondent. Thompson, J. On habeas corpus the petitioner asserts that he is illega...
Views: 0
Plaintiff leased certain premises in the city of Vernon to defendant for a term of ten years from December 11, 1926, for the purpose of excavating sand and gravel. Defendant agreed to pay a stated price per cubic yard with a minimum fixed for each calendar year. The following provisions appear in the lease: “It is understood that the above royalty shall be net to Lessor, and without the deduction...
Views: 0
15 Cal. App. 2d 263 (1936) JOHN RAYMOND MEDBERRY, a Minor, etc., et al., Appellants, v. JOHN OLCOVICH et al., Respondents. Civ. No. 10408. California Court of Appeals. Second Appellate District, Division One. July 8, 1936. C. H. Hartke and Freeman R. Brant for Appellants. George Appell for Respondents. White, J., pro tem. This appeal is prosecuted from a judgment entered against plaintiffs...
Views: 1
15 Cal. App. 2d 446 (1936) HARRIET KIRKPATRICK, Respondent, v. N. P. DAMIANAKES et al., Appellants. Civ. No. 10091. California Court of Appeals. First Appellate District, Division Two. July 15, 1936. James H. Phillips and Cooley, Crowley & Supple for Appellants. Jerome Politzer, George A. Connolly, James J. Harrington and C. D. McFarland for Respondent. Spence, J. This is an appeal by ...
Views: 4
15 Cal. App. 2d 407 (1936) BANK OF HAWAII (a Corporation) et al., Petitioners, v. CALIFORNIA GIBSON, as Treasurer, etc., Respondent; MARY E. MORRIS, Intervener. Civ. No. 5414. California Court of Appeals. Third Appellate District. July 13, 1936. Athearn, Chandler & Farmer for Petitioners. Clark, Nichols & Eltse for Intervener Morris. Rutledge & Rutledge for Interveners Reclamati...
Views: 2
Plaintiff brought this action seeking to recover damages for the cancellation of .a policy of life insurance, the cancellation and the surrender of which policy was alleged to have been procured by fraud on the part of defendants. Upon a trial by jury, plaintiff had judgment and from said judgment defendants appeal. In presenting this appeal, appellants have listed several headings in their bri...
Views: 0
15 Cal. App. 2d 144 (1936) JOHN D. CORNELL, Appellant, v. CHARLES H. HARRIS et al., Respondents. Civ. No. 1960. California Court of Appeals. Fourth Appellate District. July 2, 1936. Charles B. DeLong, Claude L. Chambers and Hugh Sanders for Appellant. Thomas Whelan, District Attorney, Frank T. Dunn, Assistant District Attorney, and Carroll H. Smith, Deputy District Attorney, for Respondents....
Views: 1
In this proceeding petitioner sought a writ of prohibition prohibiting respondents from giving civil service examinations under the provisions of the charter of the county of San Diego. All material questions here presented are disposed of in the opinion this day filed in the ease of Cornell v. Harris, No. 1960 (ante, p. 144 [59 Pac. (2d) 570].) Upon the authorities there cited and for the reasons...
Views: 0
This is an appeal by plaintiff from a judgment rendered against it in an action growing out of *537 a contract between defendant, County of Los Angeles, and plaintiff, under the terms of which the former agreed to purchase from the latter an order of blankets. Plaintiff sought to recover from the defendant county the sum of $2,088.58, at a cost over and above the agreed basic price of the blank...
Views: 0
15 Cal.App.2d 246 (1936) CHARLES RICHARD DOWNING, an Infant, etc., Respondent, v. SOUTHERN PACIFIC COMPANY (a Corporation), Appellant. Civ. No. 5490. California Court of Appeals. Third Appellate District. July 7, 1936. George R. Freeman and W. D. Tillotson for Appellant. Carter & Barrett and Swaffield & Swaffield for Respondent. Pullen, P. J. This is an appeal from a judgment and order awa...
Views: 1
15 Cal. App. 2d 225 (1936) SECURITY INVESTMENT COMPANY (a Corporation), Appellant, v. BIEG-HOFFINE COMPANY (a Corporation), Respondent. Civ. No. 1911. California Court of Appeals. Fourth Appellate District. July 6, 1936. Guy Richards Crump, Sarau & Thompson and Roy W. Colgate for Appellant. Charles L. Nichols, David R. Faries and Kidd, Schell & Delamer for Respondent. Turrentine, J....
Views: 0
Certain facts as set forth in the case of Security Investment Co. v. Bieg-Hoffine Co., Civil No. 1911, this date decided (ante, p. 225 [59 Pac. (2d) 584], are material to a consideration of this appeal. Reference is made to such ease for the facts not set forth herein. Other facts necessary to this decision are that after judgment was entered for defendant in the case of Security Investment Co. v....
Views: 0
After the judgment against it in Security Investment Co. v. Bieg-Hoffine Co., Civil No. 1911, ante, p. 225 [59 Pac. (2d) 584], plaintiff brought this action to recover on a promissory note of $32,000 due and unpaid from defendant to plaintiff and for equitable relief. In addition thereto plaintiff sued on the notes litigated in the case of Security Investment Co. v. Bieg-Hoffine Co., Civil No. 191...
Views: 0
15 Cal. App. 2d 136 (1936) THE PEOPLE, Appellant, v. RUTH McCORD, Respondent. Crim. No. 1891. California Court of Appeals. First Appellate District, Division Two. July 2, 1936. U.S. Webb, Attorney-General, Seibert L. Sefton, Deputy Attorney-General, Francis P. Healy, District Attorney, and Rex L. Boyer and Harold Jacoby, Deputy District Attorneys, for Appellant. Thomas M. Carlson, Robert Col...
Views: 7
This action against appellant casualty company arose out of an automobile collision between the automobiles of and driven by appellant’s assured, Mr. J. M. McIntyre, and Mr. Willie Burbank. Mrs. Julia J. Burbank, the wife of Willie Burbank, who was riding in the Burbank ear at the time, was injured. Thereafter the Bur-*484banks brought suit against McIntyre and final judgment was recovered in thei...
Views: 5
15 Cal. App. 2d 552 (1936) LOUISE L. HECTOR et al., as Coexecutors, etc., Petitioners, v. THE SUPERIOR COURT OF PLACER COUNTY, Respondent. Civ. No. 5614. California Court of Appeals. Third Appellate District. July 20, 1936. Butler, Van Dyke & Harris for Petitioners. T. L. Chamberlain and R. C. McKellips for Respondent. Steel, J., pro tem. This is a proceeding in mandamus by which petitione...
Views: 0
This is an application for a writ of prohibition to restrain the respondent court from enforcing its order authorizing an inspection and survey of an oil well owned and operated by petitioner. An examination of the record before us discloses that the trial court had jurisdiction to authorize and require the survey of petitioner’s oil well. (Union Oil Co. of California v. Reconstruction Oil Co et a...
Views: 0
15 Cal. App. 2d 526 (1936) CLAIR WILSON, Respondent, v. GEORGE ANTHONY ZORB, Appellant. Civ. No. 9950. California Court of Appeals. Second Appellate District, Division One. July 17, 1936. Joseph Scott and Theodore C. Heyl for Appellant. Henry G. Bodkin and Leonard Husar for Respondent. *528 The Court. Defendant appeals from a judgment after verdict in an action for damages arising out of t...
Views: 2
15 Cal. App. 2d 512 (1936) CENTRAL NATIONAL BANK OF OAKLAND (a National Banking Association), Respondent, v. J. LYDELL PECK, Appellant. Civ. No. 10099. California Court of Appeals. First Appellate District, Division Two. July 17, 1936. James F. Peck and George M. Naus for Appellant. Frank S. Richards and A. W. Carlson for Respondent. Nourse, P. J. The complaint declared on a promissory not...
Views: 6
15 Cal. App. 2d 452 (1936) I. S. CHAPMAN & COMPANY (a Corporation), Appellant, v. HOWARD E. ULERY et al., Respondents. Civ. No. 5530. California Court of Appeals. Third Appellate District. July 15, 1936. O'Connor & Findlay for Appellant. Gibson, Dunn & Crutcher, and Keith Bullitt for Respondents. Pullen, P. J. For some time prior to June 10, 1926, Howard E. Ulery and his wife w...
Views: 0
15 Cal. App. 2d 520 (1936) AGATHA ARCHER et al., Appellants, v. CITY OF LOS ANGELES (a Municipal Corporation) et al., Defendants; LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (a Body Politic and Corporate), Respondent. Civ. No. 10623. California Court of Appeals. Second Appellate District, Division One. July 17, 1936. Dempster & Dempster, J. H. Creighton and Jerrell Babb for Appellants. Eve...
Views: 5
15 Cal. App. 2d 293 (1936) HOTEL PARK CENTRAL, INC. (a Corporation), Appellant, v. SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, as Executor, etc., Respondent. Civ. No. 10732. California Court of Appeals. Second Appellate District, Division One. July 9, 1936. Samuel S. Gelberg and Thorwald Siegfried for Appellant. Flint & MacKay, Wesley L. Nutten, Jr., and Edward L. Compton for Respondent...
Views: 5
A claim of appellant, Hotel Park Central, Inc., against the estate of Motley H. Flint, deceased, for $4,650.03, for rent of an apartment, was allowed by respondent, Security-First National Bank of Los Angeles, executor, on September 24, 1930, and approved by the court commissioner. On December 17, 1930, respondent was advised that the estate was not liable for the entire claim and upon affidavit t...
Views: 0
This action is one to recover royalties acquired through an assignment of an oil and gas lease. The original lease was between California Petroleum Corporation, lessor, and C. K. Cole, lessee, and covered lots 12 and 14, block 118, Huntington Beach 17th Street section, in the city of Huntington Beach. Cole assigned the lease to his wife, Frank H. Cole, who, on January 7, 1927, executed an assignme...
Views: 0
15 Cal.App.2d 356 (1936) H. B. RASMUSSEN, Respondent, v. FRESNO TRACTION COMPANY (a Corporation) et al., Appellants. Civ. No. 1745. California Court of Appeals. Fourth Appellate District. July 10, 1936. W. H. Stammer, Galen McKnight, Everts, Ewing, Wild & Everts, A. W. Carlson and Richard H. Reeve for Appellants. David E. Peckinpah and Harold M. Child for Respondent. Barnard, P. J. The...
Views: 5
15 Cal. App. 2d 494 (1936) FRANK COX, Respondent, v. L. F. MILLER, Defendant; HERSHEL CALIFORNIA FRUIT PRODUCTS CO. (a Corporation), Appellant. Civ. No. 5541. California Court of Appeals. Third Appellate District. July 16, 1936. Levinsky & Jones and James C. Nichols for Appellant. Griffin & Boone and Edward T. Taylor for Respondent. Bruton, J., pro tem. On November 27, 1929, Frank ...
Views: 0
The plaintiff brought the present action to recover from the Standard Accident Insurance Company, a corporation having its principal office in the city of Detroit, Michigan, and L. R. Travis, the general manager of its San Francisco office, the sum of $20,000 damages for libel. The cause was tried before a jury. At the conclusion of the plaintiff’s case the defendants moved the court for a nonsui...
Views: 0
15 Cal.App.2d 511 (1936) EARL McCLINTOCK, Respondent, v. LOUIS ROBINSON, Appellant. Civ. No. 1638. California Court of Appeals. Fourth Appellate District. July 16, 1936. Forgy, Reinhaus & Forgy for Appellant. L. E. Dadmun for Respondent. Turrentine, J., pro tem. [1] Respondent filed his motion to dismiss the appeal on the ground that the appellant had not filed his opening brief within...
Views: 0
This is an appeal by a third party claimant from a judgment in favor of an attaching creditor. *524The third party claimant assisted in financing a crop of onions raised by the defendants Guitron, who will be referred to as the defendants, in Riverside County, taking a crop mortgage which they later discovered was invalid. The defendants, who were partners, began to harvest the onions on May 1, 19...
Views: 0
Respondent filed his motion to dismiss the appeal on the ground that the appellant had not filed his opening brief within the time provided by law. Subsequent to the filing of the motion, but before the hearing thereof, appellant had served and filed his opening brief. On the authority of Graybiel v. Consolidated Associations, Ltd., 14 Cal. App. (2d) 547 [58 Pac. (2d) 665], the motion is denied. B...
Views: 0
15 Cal. App. 2d 458 (1936) WILLIAM EATON, an Insane Person, etc., Plaintiff and Appellant v. L. O. THIEME, Defendant and Appellant. Civ. No. 9546. California Court of Appeals. First Appellate District, Division One. July 16, 1936. Ralph O. Marron, E.B. Power and R. Lee Chamberlain for Plaintiff and Appellant. Dinkelspiel & Dinkelspiel, J. Thaddeus Cline and Harold W. Conklin for Defendan...
Views: 1
Nevada follows the general rule that repeals by implication are not favored. Kondas v. Washoe County Bank, 50 Nev. 181,254 P. 1080. It is likewise well settled that where two statutes are in pari-materia, or relate to the same subject or subject matter, they must be so construed as to give effect to both if possible. And statutes in Nevada in pari-materia will always be construed together as far a...
Views: 3
[1] This is an appeal from an award of the Industrial Commission of Arizona, hereinafter called the commission, denying compensation to R.L. Ison, hereinafter called the petitioner, for injuries which the latter alleges he received as the result of an accident arising out of and in the course of his employment. The commission made the following finding, which was challenged by the appeal: "That th...
Views: 5
OPINION Upon the reversal of the judgment and order appealed from in this case, the respective parties filed a cost bill. In due time each filed with the clerk a motion to strike opponent's cost bill. The clerk allowed appellants' costs as stated in their cost bill. From this ruling respondent took an appeal to the justices of the court, as provided in rule 6, para...
Views: 0
The defendant Roland H. Cochrane was convicted of murder in the first degree and his punishment fixed at death. He has appealed. The county attorney of Maricopa county, on January 26, 1935, filed in the superior court of said county an information charging that Otis M. Phillips, the defendant, and Horace Hunter, on or about January 3, 1935, in said county, did wilfully, unlawfully, feloniously, de...
Views: 9
Appellee sought a correction of its taxes, proceeding under the provisions of Comp.St. 1929 § 141-306. Appellee is a state banking corporation, having a capital stock of $25,000 and a surplus of $5,000. As required by the provisions of Comp.St. 1929 § 141-504, appellee made its return to the state tax commission. Said section 141-504 provides in substance the method of valuing shares of bank stock...
Views: 3
This is a companion case to No. 4141, First State Bank of Mountainair v. State Tax Commission, 40 N.M. 319, 59 P.2d 667, in which an opinion of this court was *Page 325 handed down today. The only difference between this case and No. 4141, is in the amounts going to make up the capital structure of appellee here and appellee in said case. The points of law involved being identical. For the reason...
Views: 0
This is a companion case to No. 4141, First State Bank of Mountainair v. State Tax Commission, 40 N.M. 319, 59 P.2d 667, in which an opinion of this court was handed down today. The only difference between this case and No. 4141, is in the amounts going to make up the capital structure of appellee here and appellee in said case; the points of law involved being identical. For the reasons set forth...
Views: 0
The opinion filed May 22, 1936, is withdrawn, and the following is substituted therefor: This is an appeal from a decree of foreclosure of a mortgage lien in the total sum of $3,247.37 on a city lot in Roswell. The mortgage was executed by appellants in favor of appellee in 1932 to secure a note for $9,000, and encumbered the north 45 feet of lot 13 in block 28 of the original townsite located at ...
Views: 4
Action by Helen H. Peck against Fred A. Gerber and others, doing business under the name, style, and title of "The Rathskeller", to recover damages for personal injuries sustained while a patron of defendants' restaurant. Judgment for plaintiff, and defendants appeal. AFFIRMED. At about the hour of 9:30 o'clock p.m. of November 25, 1934, two young men had an altercation in defendants' restaurant. ...
Views: 10
IN BANC. John Gillis was convicted under separate indictments charging assault with a dangerous weapon against different individuals, and he appeals. AFFIRMED. Defendant Gillis appeals from two judgments of conviction of the crime of assault with a dangerous weapon. Under one indictment Gillis was jointly charged with Willis Billingham, Curt Billingham, and Jay Lowell with having committed an assa...
Views: 16
Action by Tom Lee, Incorporated, against the Pacific Telephone Telegraph Company. Judgment for defendant, and plaintiff appeals. REVERSED. REHEARING DENIED. The plaintiff, Tom Lee, Inc., a corporation, brought this action against the Pacific Telephone and Telegraph Company to recover the damage it claims to have sustained because of an alleged error appearing in defendant's Portland telephone dire...
Views: 11
Action by William Beckman against the Doernbecher Manufacturing Company. Judgment for plaintiff, and defendant appeals. AFFIRMED. REHEARING DENIED. On April 20, 1933, the plaintiff, William Beckman, while piling lumber in a box car on a track siding of the Doernbecher plant at Coalca on the line of the Southern Pacific in Clackamas county, suffered personal injuries caused by the sudden impact of ...
Views: 0
IN BANC. Declaratory judgment suit by the Oregon, California Eastern Railway Company against H.C. Blackmer, District Attorney of Klamath County. From an adverse decree, plaintiff appeals. MODIFIED. REHEARING DENIED. Plaintiff owns and operates a railroad running from the city of Klamath Falls in an easterly direction for a distance of about 65 miles to the town of Bly, all in Klamath county, Oreg...
Views: 0
Action by Percival L. McCall against the Inter Harbor Navigation Company. From a directed verdict for defendant, plaintiff appeals. REVERSED. REHEARING DENIED. This is an action to recover for a personal injury claimed to have been sustained by plaintiff while he was employed by the Inter Harbor Navigation Company and serving on the Admiral Farragut, a vessel engaged in coastwise trade and plying ...
Views: 7
IN BANC. Proceeding in the matter of the contempt proceedings against Paul Jennings, C.N. Abbott, Arthur Rust, and Karl Tigert. From judgments committing the defendants to jail, they appeal. AFFIRMED. REHEARING DENIED. An indictment, dated November 28, 1934, returned by the grand jury of Multnomah county against one Art Shearer and 33 others charged the indictees with the crime of rioting. The fou...
Views: 10
Defendant, Murphey-Favre and Company, admittedly a corporation, entered into an agreement with the other defendants, county commissioners of Shoshone County, to act for the county as fiscal agent in refunding bonds of said county; the agreement among other provisions containing the following stipulations pertinent to the cause herein: ". . . . and, in the judgment of the governing body of said Fir...
Views: 0
Appellant was engaged in the business of raising and selling fur-bearing animals. November 6, 1926, by written contract, appellant sold respondent a pair of blue fox pups. Under the terms of the contract, appellant agreed to "ranch" the foxes for a stated period for one-half of the increase. Some time after the making of that contract, respondent traded the blue foxes and two pairs of mink to appe...
Views: 2
This action arises out of a written contract for the purchase by respondents Berg from appellant of 20 mink at the price of $1,625, and for the bailment of the same to appellant for a term of two years. The contract, dated September 18, 1929, contains the following material provisions: “It is agreed and understood that the party of the first part (appellant) will ranch said minks on his fur far...
Views: 0
The appellant, as plaintiff, sought by this action to permanently enjoin the defendant school district and its officers from carrying on, or permitting to be carried on, in its school building or on its premises anything in the nature of commercial activities such as the sale of candy and ice cream and the serving of lunches. The theory of the complaint was that these activities were being carried...
Views: 0
(dissenting) — I dissent. Appellant had a right to refuse to make payments on the contract until the title had been put back in Hillman, as contemplated and agreed upon by the parties. Hill-man’s cancellation of the contract when he was in default constituted a repudiation of the contract. ...
Views: 0
A claim for compensation, filed under the provisions of the workmen's compensation act, was rejected by the department of labor and industries. On appeal to the joint board of the department, the order of rejection was affirmed. An appeal was then taken by the claimant to the superior court, where, after a trial, judgment was entered reversing the order of rejection and remanding the case to the *...
Views: 1
This action was brought by Carl Lenz and wife against Edward Clare Harding and wife for a judgment for the balance due on a promissory note, dated August 8, 1932, in the sum of $580, together with interest and costs, given by the defendants as *Page 643 part payment of the purchase price of lot 3, block 10, Westholme Addition to the city of Seattle, Washington; and for a judgment establishing and...
Views: 0
MILLARD, C.J., HOLCOMB, TOLMAN, and STEINERT, JJ., dissent. William Lampe and Nellie Lampe were husband and wife. The former died testate in 1927, naming the latter executrix of his estate under a nonintervention will. Nellie Lampe died testate in 1928, naming Guaranty Trust Company trustee and executor of her estate under a nonintervention will. Among the assets of the estates was a forty-acre or...
Views: 0
There are here for consideration three separate appeals which have been consolidated for hearing and determination. June 4, 1934, Anita M. Hemrich was appointed guardian of John A. Hemrich, an incompetent person, and duly qualified as such. The respondent First National Bank of Seattle held promissory notes signed by the ward as maker sometime prior to the guardianship. One of the notes was also s...
Views: 0
GERAGHTY, J., dissents. This is an action for damages for personal injuries sustained by a patron of a restaurant, occasioned by his slipping and falling on a stairway leading from the restaurant to a street. The case was tried before a jury. At the conclusion of plaintiff's evidence, the defendant moved for a judgment of nonsuit. The motion was granted, and a judgment of dismissal with prejudice ...
Views: 0
BEALS, TOLMAN, and HOLCOMB, JJ., dissent. On the front page of two editions of The Seattle Times for March 16, 1934, under a double column head, was printed the following: "CONSUL'S GAY PARTY WINDS UP AS GIRLS STEAL CLOTHES, CASH "Fellow consuls and friends of Fernando Berckemeyer-Pazas, Peruvian consul here, gave a farewell party for him last night at the Washington Athletic Club. ...
Views: 3
MILLARD, C.J., TOLMAN, and HOLCOMB, JJ., dissent. This is an action by Margaret J. Brock against C.A. Button for damages for breach of a marriage contract. The cause was tried before a jury, which returned a verdict in favor of the plaintiff. The defendant filed a motion for judgment notwithstanding the verdict on several grounds, one of them being: "That from all the evidence adduced upon the tri...
Views: 1
This is a proceeding under sections 122-422 to 122-427, R.S. 1931, to bring about a declaration of abandonment of a water right for lands in Goshen County. Section 122-421 declares that a water right shall be limited and restricted to so much thereof as may be necessarily used, irrespective of the carrying capacity of the ditch, and that all the balance of the water not so appropriated shall be al...
Views: 2
This is an action commenced in this court by the State on the relation of Lincoln Land Company, plaintiff, against the State Engineer, defendant, for mandamus to require the defendant to recognize as valid the water right in question in the abandonment proceeding considered in the case of Horse Creek Conservation District, contestant-appellant, v. Lincoln Land Company, contestee-respondent, No. 19...
Views: 0
Plaintiff brought suit to recover an alleged balance of premiums due on two policies of workmen's compensation insurance written for the defendant covering the policy year periods from July 30, 1931, to July 30, 1932, and July 30, 1932, to July 30, 1933, respectively. The defendant denied any further liability and filed its cross-petition claiming a rebate of premiums as a result of overpayment th...
Views: 0
This action was instituted in the district court of Oklahoma county on May 28, 1934, by F.M. Porter, receiver of the Capitol Drilling Company, against Wm. F. Vahlberg, county treasurer of Oklahoma county, to recover a certain sum as money had and received. Judgment was rendered for plaintiff upon the pleadings and agreed statement of facts, and defendant has appealed. The parties will be referred ...
Views: 0
This appeal presents for review the order of the trial court vacating the appointment of a receiver for the assets in Oklahoma of the defendant, Missouri State Life Insurance Company, a Missouri corporation. Upon the filing of the petition of the plaintiff, George Harrison, prior to service of summons and without notice, the trial court appointed the receiver. Thereafter the defendant company file...
Views: 1
This is an appeal from a decree of the district court of Silver Bow county settling an account of Anna Russell, as executrix of the last will and testament of Joseph Russell, deceased. Joseph Russell died in Silver Bow county on or about May 11, 1932. He left a will in his own handwriting reading as follows: "Butte, Montana, February 10, 1932. "I hereby devise and bequeath to my wife, Anna Russell...
Views: 0
The only question raised by appellant and decided by the Industrial Accident Board and by the district court was whether that accident caused or contributed to the subsequent death. Of course, the burden was upon the claimant to establish by a preponderance of the evidence the fact that decedent's death resulted from the accidental injury. (Woin v. Anaconda C. Min.Co., 99 Mont. 163, 177, 43 P.2d 6...
Views: 6
This is an original proceeding seeking a writ of supervisory control against the Industrial Accident Board and the district court of Musselshell county. The respondents have appeared by motion to quash, and answer which denies many of the allegations of the relator's affidavit. On March 6, 1930, Charles Magelo, who had theretofore been an employee of the Roundup Coal Mining Company, filed with the...
Views: 2
This action was instituted in the district court of Tulsa county by Alexander Jamison, as administrator of the estate of Wesley Nathan Butterfield, deceased, against the Margay Oil Corporation, wherein it was sought to recover damages for certain injuries sustained by the said Butterfield which resulted in his death. The cause was tried to a jury and a verdict rendered in favor of plaintiff for $1...
Views: 2
Plaintiff brought this action seeking to recover damages for the alleged breach of a contract for the purchase of lambs for future delivery. The case was tried before the court sitting with a jury. A verdict was rendered by the jury in favor of defendants O'Connell and Schotte, and against the plaintiff. Judgment was entered in conformity with the verdict. A motion for new trial was made, heard an...
Views: 0
THIS court is asked to reverse a judgment of dismissal entered by the trial court, which sustained a demurrer to the complaint, upon which the plaintiff elected to stand. The action was brought by Mrs. Putnum, as relatrix, *Page 65 in the name of the people of the state of Colorado, to recover on the official bond given by one Rodriguez as sheriff of Costilla county, Colorado. Besides alleging th...
Views: 0
THIS is a case in which the widow of a deceased employee filed with the Industrial Commission a claim for compensation under the provisions of the Workmen's Compensation Act. The claim was allowed and compensation awarded by the commission. Subsequently suit was instituted in the district court by the employer and insurer to vacate the award, which action resulted in a judgment for claimant. This ...
Views: 7
7 Cal.2d 97 (1936) In the Matter of the Estate of HENRY C. FINKLER, Deceased. M. J. PURCELL et al., Respondents, v. CHRISTINA A. FINKLER et al., Appellants. S. F. No. 15631. Supreme Court of California. In Bank. July 28, 1936. Knight, Boland & Riordan, F. J. Kilmartin, Henry Eickhoff, Jr., George W. Wilson and J. E. McCurdy for Appellants. Ross & Ross for Respondents. SEAWELL, J. T...
Views: 7
7 Cal. 2d 11 (1936) THE PEOPLE, Respondent, v. TONY CABRERA, Appellant. Crim. No. 4025. Supreme Court of California. In Bank. July 17, 1936. Theodore G. Krumm for Appellant. U.S. Webb, Attorney-General, S. L. Sefton, Deputy Attorney-General, Stanley Mussell, District Attorney, and Jerome B. Kavanaugh, Deputy District Attorney, for Respondent. NOURSE, J., pro tem. The appellant was tried an...
Views: 4
7 Cal.2d 43 (1936) E. C. BENNETT, Plaintiff, v. UKIAH FAIR ASSOCIATION (a Corporation), Appellant; E. P. THURSTON et al., Respondents. Sac. No. 4940. Supreme Court of California. In Bank. July 22, 1936. Keith C. Eversole, W. H. Brunner and J. E. Pemberton for Appellant. Taft & Spurr and H. L. Preston for Respondents. PULLEN, J., pro tem. This is an appeal by the cross-complainant, Ukiah Fa...
Views: 1
6 Cal. 2d 737 (1936) SOUTHERN CALIFORNIA EDISON COMPANY, LTD. (a Corporation), Petitioner, v. RAILROAD COMMISSION OF THE STATE OF CALIFORNIA and CITY OF TULARE (a Municipal Corporation), Respondents. L. A. No. 14451. Supreme Court of California. In Bank. July 6, 1936. Roy V. Reppy, B. F. Woodard, E. W. Cunningham and Gail C. Larkin for Petitioner. Earl & Hall & Gerdes, as Amici Curia...
Views: 14
7 Cal.2d 37 (1936) C. E. SKIDMORE, Respondent, v. COUNTY OF AMADOR, Appellant. Sac. No. 4943. Supreme Court of California. In Bank. July 22, 1936. Ralph W. McGee, District Attorney, and Allen L. Martin, District Attorney, for Appellant. *38 Frank L. Guerena for Respondent. THOMPSON (R. L.), J., pro tem. The County of Amador has appealed from a judgment which was rendered against it in a su...
Views: 7
7 Cal. 2d 85 (1936) WILEY J. KERR, Respondent, v. HENRY H. NELSON, et al., Appellants. L. A. No. 14153. Supreme Court of California. In Bank. July 28, 1936. Joseph Musgrove, Fred O. McGirr, Hill, Morgan & Bledsoe and Charles P. McCarthy for Appellants. P. E. Cavaney for Respondent. WASTE, C.J. Plaintiff Kerr entered into two written contracts, one with defendant Nelson, pursuant to whi...
Views: 4
By amended indictments appellant was charged with and convicted of the crimes of robbery, kid *609 naping and assault with intent to commit murder. He was also charged with a prior conviction of a felony, which he admitted. This appeal is from the order denying his motion for new trial and from the judgments entered on the verdicts of guilty of the three crimes. There is direct and positive e...
Views: 7
15 Cal. App. 2d 572 (1936) OAKLEY COMPANY (a Corporation), Respondent, v. MAUDE R. L. BUTLER et al., Defendants; G. D. BUTLER, Appellant. Civ. No. 1188. California Court of Appeals. Fourth Appellate District. July 21, 1936. Kendall B. Perkins and Smith & Perkins for Appellant. Nicholas W. Hacker for Respondent. Turrentine, J., pro tem, On April 24, 1930, plaintiff entered into a contra...
Views: 0
15 Cal. App. 2d 506 (1936) E. G. MASTERS, Respondent, v. THE BOARD OF DENTAL EXAMINERS OF CALIFORNIA, Appellant. Civ. No. 1186. California Court of Appeals. Fourth Appellate District. July 16, 1936. Anthony J. Kennedy and H. E. Lindersmith for Appellant. Wayne Compton for Respondent. Turrentine, J., pro tem. The respondent was suspended and his dental license revoked by judgment of the Boa...
Views: 0
15 Cal. App. 2d 322 (1936) In the Matter of the Estate of FRANK SMETHURST, Deceased. RAYMOND M. SMETHURST et al., Appellants, v. CHARLES W. SMETHURST et al., Respondents. Civ. No. 5626. California Court of Appeals. Third Appellate District. July 9, 1936. M. B. Moore and Ivan Sperbeck for Appellants. Richard Belcher and Homer Lingenfelter for Respondents. The Court. An order was made admitt...
Views: 5
15 Cal. App. 2d 555 (1936) LOGAN E. RUGGLES, Appellant, v. LeROY BAILEY, Public Administrator, etc., Respondent. Civ. No. 1951. California Court of Appeals. Fourth Appellate District. July 20, 1936. A. R. Honnold for Appellant. George W. Fisher for Respondent. *556 Turrentine, J., pro tem. This is an appeal from a judgment dismissing appellant's complaint to set aside a judgment of divorce...
Views: 2
15 Cal. App. 2d 487 (1936) In the Matter of the Application of ESTELLE SPIERS on Behalf of MARY SPIERS for a Writ of Habeas Corpus. Crim. No. 1511. California Court of Appeals. Third Appellate District. July 16, 1936. H. B. Churchill and Lovett K. Fraser for Petitioner. Burt W. Busch, District Attorney, for Respondent. Plummer, J. On the 12th day of June, 1935, a petition was filed in the ...
Views: 11
The appellant was appointed executrix of the estate of her deceased husband in March, 1927. She received a draft for $21,753.60 payable to herself as such executrix and, on October 9, 1930, endorsed and turned over this draft to the Bank of Italy, of which bank the respondent is the successor. She was given a cashier’s check for $21,000, payable to herself as such executrix, and $753.60 was dep...
Views: 0
15 Cal. App. 2d 659 (1936) A. BRUCE, Appellant, v. THOMAS E. RISLEY, Respondent. Civ. No. 1742. California Court of Appeals. Fourth Appellate District. July 28, 1936. John D. Chinello and Leonard B. Fowler for Appellant. Walter H. Stammer for Respondent. Jennings, J., The appeal herein is taken by the plaintiff from a judgment rendered in favor of defendant. Plaintiff instituted the action...
Views: 2
15 Cal. App. 2d 548 (1936) In the Matter of the Estate of NETTIE FRISHHOLZ BARNES SMITH, Deceased. RALPH F. HEFNER, as Special Administrator, etc., et al., Appellants, v. GUS R. SMITH, Respondent. Civ. No. 5628. California Court of Appeals. Third Appellate District. July 20, 1936. W. E. Duncan, Jr., for Appellants. Herbert W. Whitten and Carleton Gray for Respondent. Bruton, J., pro tem. O...
Views: 1
This is an appeal by plaintiffs from a judgment entered upon a directed verdict. Plaintiff Lupe Plores, wife of plaintiff Tgnacio Plores, sustained personal injuries when struck by an electric street car operated by defendant railway corporation. The accident occurred on November 7, 1934, at approximately 2 o’clock in the afternoon, at or near the intersection of Seventh Street and Broadway in ...
Views: 3
15 Cal. App. 2d 475 (1936) WILLIAM SCHRAMM, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, ORLIE R. BLAIR et al., Respondents. Civ. No. 10620. California Court of Appeals. Second Appellate District, Division One. July 16, 1936. Hewitt & Anderson and Don P. Fogarty for Petitioner. Everett A. Corten, Emmet J. Seawell, F. Britton McConnell and J. Jay Smith for Respondents. Houser, P. J. T...
Views: 1
15 Cal. App. 2d 630 (1936) ANTHONY PRATT et al., Appellants, v. SECURITY TRUST AND SAVINGS BANK et al., Respondents. Civ. No. 10038. California Court of Appeals. Second Appellate District, Division One. July 27, 1936. Arthur E. Briggs and John C. Packard for Appellants. Newlin & Ashburn and A. W. Ashburn for Respondents. Roth, J., pro tem. Plaintiffs as resident taxpayers and members o...
Views: 4
15 Cal. App. 2d 585 (1936) EUGENE J. RINALDO, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. Civ. No. 10752. California Court of Appeals. Second Appellate District, Division One. July 22, 1936. L. E. Dadmun for Petitioner. U.S. Webb, Attorney-General, and Paul D. McCormick, Deputy Attorney-General, for Respondents. Houser, P. J. The facts essential to a determ...
Views: 6
On February 16, 1921, the defendants Grubel executed and delivered to Henry Shlaude: man their promissory note for $15,000, payable in five years. On the same date, B. F. Grubel only executed and delivered to Henry Shlaudeman a mortgage covering real property, said mortgage being to secure the payment of the aforementioned note, which mortgage was duly recorded. On May 9th, B. F. Grubel conveye...
Views: 0
15 Cal. App. 2d 599 (1936) THOMAS VAN DYKE TYLER SHAW, a Minor, etc., et al., Respondents, v. EDWARD E. JOHNSON, as Administrator, etc., Appellant. Civ. No. 10170. California Court of Appeals. First Appellate District, Division Two. July 23, 1936. James E. Colston, John G. Alioto and Jack E. Hursh for Appellant. Courtney L. Moore and Heller, Ehrman, White & McAuliffe for Respondents. Sp...
Views: 0
The plaintiff brought an action to recover from the defendants damages in the amount of $4,500 for the breach of an alleged oral contract to employ him as broker in effecting insurance on a number of automobiles and auto-trucks owned by one or other of the defendants or by their employees. The contract alleged was that on or about March 23, 1928, plaintiff promised and agreed with defendants to se...
Views: 1
15 Cal.App.2d 569 (1936) BERTRAND M. J. CONLIN, Respondent, v. WILLIAM R. COYNE et al., Appellants. Civ. No. 10796. California Court of Appeals. Second Appellate District, Division One. July 21, 1936. Halverson & Halverson, and Pacht, Turnbull, Pelton & Warne for Appellants. Harry K. Sargent for Respondent. Desmond, J., pro tem. Respondent moved to dismiss an appeal from an order of the su...
Views: 1
In this action to quiet title to two lots in Ocean Beach the plaintiff claims under a grant deed to herself and one David Conroy as joint tenants, which deed has been lost or destroyed and was never recorded. The defendants claim under another deed from the same grantor to Conroy alone and under Conroy’s will. Prom a judgment in favor of the defendants the plaintiff has appealed. It appears from t...
Views: 0
15 Cal. App. 2d 649 (1936) THE PEOPLE, Respondent, v. ERNEST SPILLARD, Appellant. Crim. No. 1488. California Court of Appeals. Third Appellate District. July 27, 1936. McAllister & Johnson and O. F. Meldon for Appellant. U.S. Webb, Attorney-General, and Ralph H. Cowing, Deputy Attorney-General, for Respondent. Pullen, P. J. Appellant was convicted of violating section 288 of the Penal ...
Views: 12
This is an action brought to recover damages on account of personal injuries received by plaintiff when she was struck by defendant railway company’s passenger-carrying bus, while crossing Beverly Boulevard near its intersection with Spaulding Avenue in the city of Los Angeles, on March 23, 1934, at about 10 o’clock in the morning. Trial was had before the court, and upon findings made that while...
Views: 0
Appellee recovered a judgment against the appellant in the sum of $1,000 upon a contract of insurance written upon the life *Page 331 of John O. Summerford. From that judgment this appeal is prosecuted. The entire case rests upon the sufficiency of the evidence to sustain the verdict of the jury, in that the issue turned upon whether or not the death of Summerford was suicidal or whether he died ...
Views: 5
The relators invoke the jurisdiction of this court to compel, by mandamus, the Honorable Harry L. Patton, judge of the Ninth judicial district, to decide a cause in equity, which has been tried three times before a jury with the disagreement of the jury in each of said trials, and which cause the district court was, at the time of the filing of the application, holding without decision to determin...
Views: 2
W.P. Waller testified at the preliminary hearing where the appellant was bound over to the district court. At the time of the jury trial, this witness was absent and refused to return to the state to testify against appellant. Thereupon his testimony given at the preliminary hearing was admitted into evidence. Without this evidence the prosecution would not have been able to secure a conviction. T...
Views: 4
This is an appeal from the allowance of the district court of an attorney's fee of $3,661.64 against the estate of Frank H. Winston, deceased, for services rendered by James G. Fitch to Ella W. Winston, executrix of said estate. Frank H. Winston, a resident of Sierra county, N.M., died November 10, 1929. He and Ella Winston were married in 1874 in Wisconsin and in the year 1885 he became a merchan...
Views: 0
This, is an appeal from the allowance of the district court of. an' attorney’s fee of $3,661.64 against the estate of Frank H. Winston, deceased, for services rendered by James G. Fitch to Ella W. Winston, executrix of said estate. Frank H. Winston, a resident of Sierra county, N. M., died November 10, 1929. He and Ella Winston were married in 1874 in Wisconsin and in the year 1885 he became a mer...
Views: 0
On consideration of plaintiff's motion for a rehearing, the opinion herein promulgated on April 1, 1936, is withdrawn and the following opinion substituted therefor: This action was brought to recover upon a contract of insurance by one of the members of a fraternal insurance society. The complaint was in two counts; both causes of action arose from the same accidental injury suffered by the plain...
Views: 2
THIS case is pending before us on an application of the plaintiff in error for a supersedeas. We are asked, however, to decide the case now on its merits. This we do. [1] The defendant in error, who was plaintiff below, issued a summons which was duly served upon the defendants. Before the expiration of the ten days prescribed by the Code of Civil Procedure for filing a *Page 63 complaint when a ...
Views: 3
Only one question is involved in this case, and that is what the word "ordered" means in the local improvement guaranty fund act passed in 1927, Rem. Rev. Stat., § 9351-1 [P.C. § 1071-1] etseq. We agree with both parties that the case is very simple. That being true, the discussion is much too extended. The trial court found and concluded in favor of respondent for recovery of an interest coupon d...
Views: 0
MILLARD, C.J., and HOLCOMB, J., dissent. The respondents sustained personal injuries and property damage resulting from a collision between a car in which they were riding and one driven by Archie Burr Marston, in the early morning hours of January 1, 1934. The respondents brought suit against Marston and his wife for the damages sustained and recovered judgment. The judgment being unsatisfied, th...
Views: 1
MILLARD, C.J., TOLMAN, and BLAKE, JJ., dissent. This action was brought to recover alleged excessive amount of taxes paid under protest on real property in Bellingham on the assessment for 1933. The basis of the action is constructive fraud, in that the property was greatly over-valued; that it was excessively over-valued and assessed compared with assessments on other properties of similar charac...
Views: 0
MILLARD, C.J., STEINERT, BEALS, and TOLMAN, JJ., dissent. On December 18, 1932, appellant's premises at a certain address in Seattle were temporarily flooded through the breaking of a city water main. On January 14, 1933, appellant filed a claim for damages to the personal property in his premises resulting from the flooding. That claim was rejected for insufficiency in form. It contained no items...
Views: 0
This is a replevin action, tried to the court. Findings and conclusions favorable to the plaintiffs were made, and from a judgment thereon the defendant has appealed. The respondents produced evidence from which it rather clearly appears that the respondent wife owned and was in possession of a rooming house or hotel, known as the St. Aubyn Hotel, in the city of Spokane, and entered into negotiati...
Views: 0
STEINERT, J., dissents. This action, based upon fraud, was tried to the court and a jury, resulting in a verdict and judgment for damages in favor of respondent. This appeal follows the denial of motions by appellant for judgment non obstante veredicto and in the alternative for a new trial. The complaint alleges in substance: That, on or about June 16, 1931, appellant as lessor and respondent as ...
Views: 0
On the 15th day of June, 1935, plaintiffs filed in this court a petition for a writ of prohibition. An alternative writ was issued and served upon defendants. Defendants appeared under the order to show cause, filed briefs, and during the November setting of cases the cause was argued and submitted. Except as a matter of history to show how the cause arose, the facts are of little importance and a...
Views: 0
This case is not a companion case, but involves the question just decided in the case of Rocky Ford Canal Company v. Cox,92 Utah 148, 59 P.2d 935. This question arises *Page 210 out of the fact that the Sevier river system is in the process of adjudication as referred to in the former opinion. On August 22, 1935, one Jorgensen, as trustee for the Wellington Irrigation Company in the Richlands Irr...
Views: 0
This is an original proceeding in this court instituted by petitioners, four citizens of the state, to compel by writ of mandamus the Secretary of State, the Board of Public Affairs, and the State Election Board to do and perform the necessary things to submit to the people an initiated constitutional amendment, being State Question No. 222, Initiative Petition No. 151, at the run-off primary to b...
Views: 1
7 Cal. 2d 48 (1936) MARTIN P. BRUTON, Administrator, etc., Respondent, v. CONWAY TEARLE, Appellant. S. F. No. 15257. Supreme Court of California. In Bank. July 24, 1936. Gavin McNab, Schmulowitz, Wyman, Aikins & Brune, Milton M. Cohen, Albert A. Kidder, Jr., and Edward E. McCullough for Appellant. Marcel E. Cerf, Robinson & Leland, Herbert A. Leland and Henry Robinson for Respondent....
Views: 13
7 Cal. 2d 90 (1936) COLIN McINTOSH, Respondent, v. LOS ANGELES RAILWAY CORPORATION (a Corporation), Appellant. L. A. No. 15751. Supreme Court of California. In Bank. July 28, 1936. Gibson, Dunn & Crutcher and Philip C. Sterry for Appellant. Frank Karr, E. E. Morris, C. W. Cornell and O. O. Collins, as Amici Curiae on Behalf of Appellant. Meserve. Mumper, Hughes & Robertson and Baldw...
Views: 7
7 Cal. 2d 60 (1936) WILLIAM L. ANDERSON, Respondent, v. I. M. JAMESON CORPORATION et al., Appellants. L. A. Nos. 15737 and 15738. Supreme Court of California. July 24, 1936. Black, Hammack & McWilliams and Alfred L. Black, Jr., for Appellants. Oscar Richard Cummins and Harry C. Cogen for Respondents. THE COURT. These actions were brought to recover damages for personal injuries received ...
Views: 11
7 Cal. 2d 1 (1936) IRENE COHN, Respondent, v. IRVING COHN, as Executor, etc., Appellant. S. F. No. 15645. Supreme Court of California. In Bank. July 17, 1936. Joseph A. Brown for Appellant. Harry I. Stafford and Daniel R. Shoemaker for Respondent. SEAWELL, J. Plaintiff Irene Cohn moved the court below to enter its order that a judgment providing for payment by her to defendant of $2,109.90...
Views: 1
7 Cal. 2d 144 (1936) O. C. WILLSON, Respondent, v. MUNICIPAL BOND COMPANY (a Corporation) et al., Appellants. L. A. No. 15338. Supreme Court of California. In Bank. July 30, 1936. William H. Neblett, John G. Sobieski, Frank G. Swain, Leroy B. Lorenz, Donald J. Dunne, Bailie, Turner & Lake, Frederick W. Lake, Wingert & Bewley and Thomas W. Bewley for Appellants. Hill, Morgan & Ble...
Views: 13
7 Cal.2d 121 (1936) COMMERCIAL CENTRE REALTY COMPANY (a Corporation) et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Respondents. S. F. No. 15602. Supreme Court of California. In Bank. July 30, 1936. A. E. Shaw and J. A. Pardini for Petitioners. Tobin & Tobin for Respondents. CURTIS, J. Petition for writ of mandate directed to the Superior Court o...
Views: 9
This is an automatic appeal (see Pen. Code, secs. 1217, 1239) from a judgment of death rendered upon conviction of defendant of the crime of murder in the first degree. On the night of September 8, 1935, he entered the Razal dance hall in San Diego and sat down at a table with the deceased, Paul Arriola, its proprietor. After' conversing for some time, the defendant arose and fired two shots from ...
Views: 0
In this action in ejectment involving the location of a boundary line between property of plaintiff and defendants in Lake County, judgment went for plaintiff. The trial court found that there were no witness trees or other monuments marking a common corner of the sections involved; that the corner had been lost and obliterated; that the nearest known and established corners of sections to the nor...
Views: 5
7 Cal. 2d 110 (1936) FRED STEVENS et al., Petitioners, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent. Sac. No. 5043. Supreme Court of California. In Bank. July 29, 1936. Bronson, Bronson & Slaven for Petitioners. Gumpert & Mazzera and C. H. Hogan for Respondent. THE COURT. This is an application for a writ of prohibition to restrain the respondent court from proceeding wi...
Views: 5
7 Cal.2d 154 (1936) BANK OF AMERICA (a Corporation), Appellant, v. MAGGIE THOMAS, as Administratrix, etc., Respondent. Sac. No. 5011. Supreme Court of California. In Bank. July 31, 1936. Louis Ferrari, Lounibos, Schwobeda & McGoldrick and Lounibos, McGoldrick & Lounibos for Appellant. Livingston G. Scott and F. W. Kellogg for Respondent. WASTE, C.J. Plaintiff presented to the defendant, as...
Views: 2
7 Cal.2d 132 (1936) BERKELEY HIGH SCHOOL DISTRICT OF ALAMEDA COUNTY, Petitioner, v. ROGER E. COIT, as Treasurer, etc., et al., Respondents. S. F. No. 15560. Supreme Court of California. In Bank. July 30, 1936. Earl Warren, District Attorney, Ralph E. Hoyt, Chief Assistant District Attorney, and Agnes R. Polsdorfer, T. A. Westphal, Jr., and Cecil Mosbacher, Deputies District Attorney, for Peti...
Views: 5
7 Cal. 2d 104 (1936) AMBASSADOR HOLDING CORPORATION, LTD. (a Corporation), Appellant, v. CITY OF LOS ANGELES (a Municipal Corporation), Respondent. L. A. No. 15682. Supreme Court of California. In Bank. July 29, 1936. Overton, Lyman & Plumb and J. Harold Cragin for Appellant. Ray L. Chesebro, City Attorney, Frederick von Schrader, Assistant City Attorney, and Arthur Loveland, Deputy City...
Views: 0
The defendant has appealed from a decree which was rendered against it quieting title in the plaintiffs to ten miner’s inches of water to be taken from a reservoir constructed on land conveyed by the plaintiffs’ predecessor in title to the defendant’s predecessor in title by a deed reserving to “said grantor and his assigns” perpetual use of ten miner’s inches of water therefrom “free of charge”. ...
Views: 2
7 Cal.2d 176 (1936) THE PEOPLE, Respondent, v. JAMES F. WORKMAN, Appellant. Crim. No. 4015. Supreme Court of California. In Bank. August 5, 1936. George Olshausen and George Anderson for Appellant. U.S. Webb, Attorney-General, and Ralph H. Cowing, Deputy Attorney- General, for Respondent. THE COURT. A hearing was granted in this court after decision by the District Court of Appeal, Third A...
Views: 3
7 Cal. 2d 73 (1936) GEORGE BRINDAMOUR et al., Respondents, v. THOMAS MURRAY et al., Appellants; MINNETTA B. PORTER, Intervener and Respondent. L. A. No. 15761. Supreme Court of California. In Bank. July 27, 1936. Ray L. Chesebro, City Attorney, Frederick von Schrader, Assistant City Attorney, and Albert E. Wheatcroft, Deputy City Attorney, for Appellants. Henry Davidian for Respondents. SHE...
Views: 7
7 Cal.2d 80 (1936) IRWIN F. MEGOWAN, Respondent, v. CITY OF LOS ANGELES (a Municipal Corporation), Appellant. L. A. No. 15756. Supreme Court of California. In Bank. July 27, 1936. Ray L. Chesebro, City Attorney, Frederick von Schrader, Assistant City Attorney, and Albert E. Wheatcroft and Bourke Jones, Deputies City Attorney, for Appellant. Guy Richards Crump, Morton E. Feiler and Roy W. Col...
Views: 2
7 Cal. 2d 156 (1936) THE PEOPLE, Respondent, v. LLOYD A. DALE, Appellant. Crim. No. 4008. Supreme Court of California. In Bank. August 3, 1936. Donald D. Boscoe for Appellant. U.S. Webb, Attorney-General, and Wilmer W. Morse, Deputy Attorney- General, for Respondent. *158 THOMPSON, J. The defendant was accused by information filed by the district attorney of San Joaquin County of the crime...
Views: 17
7 Cal. 2d 163 (1936) W. S. OVERTON et al., Respondents, v. AMY I. SCHMITT, etc., Appellant. Sac. No. 4981. Supreme Court of California. In Bank. August 5, 1936. Pierre A. Fontaine for Appellant. William F. Rose and Vernon F. Gant for Respondents. THE COURT. Appeal by defendant Amy I. Schmitt from judgment for plaintiffs. This action was brought by plaintiffs to quiet their title to an 828...
Views: 0
7 Cal. 2d 14 (1936) FOX-WOODSUM LUMBER COMPANY (a Corporation), Respondent, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association) et al., Appellants. L. A. No. 14613. Supreme Court of California. In Bank. July 20, 1936. Freston & Files, Ralph E. Lewis, Louis Ferrari, Edmund Nelson, O'Melveny, Tuller & Myers and Louis W. Myers for Appellants. G. C....
Views: 8
Plaintiff, as executor of the estate of Christ Thoren, deceased, prosecutes this appeal from a judgment entered in favor of the defendants upon the sustaining of a demurrer to the complaint without leave to amend. The action was brought to recover the face value of participation certificates under a trust on the ground that the certificates were void as having been issued without a permit in viola...
Views: 0
7 Cal.2d 31 (1936) CHARLES A. MILLER, Appellant, v. UNION BANK AND TRUST COMPANY (a Corporation) et al., Respondents. L. A. No. 15295. Supreme Court of California. In Bank. July 20, 1936. C. A. A. McGee, McGee & Robnett, John J. Wilson and Robert Lee Collins for Appellant. Mott, Vallee & Grant, Paul Vallee, Thomas D. Mott and Chase, Barnes & Chase, as Amici Curiae on Behalf of Ap...
Views: 5
The facts in this case are similar to those set forth in the opinion in Fox-Woodsum Lumber Co. v. Bank of America, L. A. No. 14613 (ante, p. 14 [59 Pac. (2d) 1019]), this day filed, except that here the participation certificates were issued directly to the plaintiff. In other words, the plaintiff herein is the holder of original certificates, whereas the plaintiff in the Fox-Woodsum case was the ...
Views: 0
7 Cal. 2d 28 (1936) LUCY B. VANDERVORT, Appellant, v. FARMERS AND MERCHANTS NATIONAL BANK OF LOS ANGELES et al., Respondents. L. A. No. 14071. Supreme Court of California. In Bank. July 20, 1936. Young & Young, Milton K. Young and Wilbur D. Finch for Appellant. Overton, Lyman & Plumb, Irving H. Prince and Cecil A. Borden for Respondents. WASTE, C.J. This is an appeal from a judgment for de...
Views: 3
These three causes present factual situations similar in all material respects to that involved in the case of Fox-Woodsum Lumber Co. v. Bank of America, L. A. No. 14613 (ante, p. 14 [59 Pac. (2d) 1019]), this day-decided. The participating certificates issued to the plaintiffs in these several causes were the same as those issued in the Fox-Woodsum Lumber Company case except as to names, dates an...
Views: 0
Plaintiff appeals from a judgment entered for defendants upon the sustaining of a demurrer to the complaint without leave to amend. This case presents a *25factual situation similar to that outlined in the opinion in the case of Fox-Woodsum Lumber Co. v. Bank of America, ante, p. 14 [59 Pac. (2d) 1019]), this day filed, and presents for determination the issue as to the validity of certain so-call...
Views: 3
These four cases are similar to the ease of Hammond Lumber Co. v. Adams, L. A. No. 15716 (ante, p. 24 [59 Pac. (2d) 1030]), this day decided, except as to plaintiffs, dates and amounts of the certificates. Upon the authority of our decision in that case, and for the reasons therein announced, we conclude that the court below properly sustained demurrers to the several complaints without leave to a...
Views: 0
On charges laid before The State Bar, such proceedings were had that the board of governors made a recommendation to this court that petitioner here be suspended from the practice of the law for a period of one year. The usual proceedings were ordered, and petitioner filed herein his petition that this court review the decision of the board. A writ of review was issued, and on the hearing, it appe...
Views: 0
15 Cal. App. 2d 612 (1936) CARRIE BORDEN MILLER, as Executrix, etc., Respondent, v. CALIFORNIA TRUST COMPANY (a Corporation), as Executor, etc., Appellant. Civ. No. 10289. California Court of Appeals. Second Appellate District, Division One. July 23, 1936. Swanwick, Donnelly & Proudfit and Tom W. Henderson for Appellant. Bauer, Macdonald, Schultheis & Pettit and Thomas H. McGovern fo...
Views: 1
On September 20, 1927, George B. Brown and Alta B. Brown, his wife, made their promissory note to the defendant for $655.50, secured by mortgage on the real property in controversy herein, which they then owned. In 1928, George B. Brown conveyed said property to Arthur F. Brown, his wife Alta B. Brown not joining in the deed. October 11, 1929, defendant purchased the real property which was sold u...
Views: 0
15 Cal.App.2d 642 (1936) ALICE L. CANFIELD, as Executrix, etc., Appellant, v. E. W. SCRIPPS, Trustee, et al., Respondents. Civ. No. 10621. California Court of Appeals. Second Appellate District, Division One. July 27, 1936. McAdoo, Neblett & Warner, William H. Neblett, John Sobieski and LeRoy P. Lorenz for Appellant. S. S. Hahn and W. O. Graf for Respondents. Roth, J., pro tem. Alice L...
Views: 0
15 Cal.App.2d 667 (1936) KLYDE KRAFT, Respondent, v. DANIEL W. BRIGGS, Appellant. Civ. No. 11101. California Court of Appeals. Second Appellate District, Division Two. July 29, 1936. David R. Faries for Appellant. H. Landon Morris for Respondent. Crail, P. J. This case comes before us on the motion of the plaintiff to dismiss the appeal upon the ground that the appeal was not taken within ...
Views: 1
This appeal is from a judgment in favor of respondents after trial before a court without a jury. The conceded facts are: Seaboard' Surety Corporation of America executed and delivered to the state of California a bail bond in the sum of $20,000, whereupon Martin A. Leach was released from custody upon a writ of habeas corpus. At the same time respondents agreed to indemnify and save harmless Seab...
Views: 0
15 Cal. App. 2d 723 (1936) LUCILLE M. COLBY, Respondent, v. HARRISON M. PIERCE, Appellant. Civ. No. 1643. California Court of Appeals. Fourth Appellate District. July 31, 1936. Swing & Swing for Appellant. Everett H. Smith and Miguel Estudillo for Respondent. Jennings, J. Respondent Lucille M. Colby has moved to dismiss the appeals taken by appellant. The action in which the appeals ha...
Views: 4
By means of habeas corpus the petitioner seeks to procure his discharge from custody under the provisions of section 871 of the Penal Code on the ground that the preliminary examination discloses no evidence of the commission of the crime of "forgery with which he was charged and that it does not appear therefrom that there is reasonable cause to believe he was guilty of forgery or any other pu...
Views: 0
15 Cal.App.2d 557 (1936) GIDEON W. GRANGER, Respondent, v. LEGISLATIVE BODY OF THE CITY OF ESCONDIDO et al., Appellants. Civ. No. 1931. California Court of Appeals. Fourth Appellate District. July 20, 1936. J. A. Isaacson for Appellants. No appearance for Respondent. Barnard, P. J. The petitioner filed in the superior court a petition for a writ of mandate commanding the respondents to cal...
Views: 0
The petitioner filed in the superior court a petition for a writ of mandate commanding the respondents to call a special election to determine whether the voters of said city desired to recall two city officials named in the petition. After answer filed and hearing held the court entered its order and judgment directing the issuance of the writ. From this judgment the respondents named in the peti...
Views: 0
I dissent; the reason therefor being that in my opinion the foundational statute is unconstitutional. A petition by appellant to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on August 27, 1936....
Views: 0
This is a petition for a writ of mandamus to require the Judge of the Superior Court of Glenn County to dismiss an action numbered 5520 which was filed in that county February 5, 1935, and which is now pending therein between C. V. and Carrie Seidell, plaintiffs, and Anglo-California Trust Company et al., defendants, the court having denied defendants’ application for a nonsuit and for judgment...
Views: 1
This ease was before us on a former appeal. (Lindsay v. Mack, 5 Cal. App. (2d) 491 [43 Pac. (2d) 350], which see for. the facts and law of the case.) It was there reversed with directions to make findings on certain issues. In that case it was said: “Evidence was presented by both parties on this issue but the trial court failed to find upon it.” The issue here mentioned is the same as th...
Views: 0
15 Cal.App.2d 665 (1936) RUSSELL W. NORTHRUP et al., Respondents, v. JOHN R. HAYNES et al., Appellants. Civ. No. 10993. California Court of Appeals. Second Appellate District, Division Two. July 29, 1936. Ray L. Chesebro, City Attorney, Frederick von Schrader, Assistant City Attorney, and Bourke Jones, Deputy City Attorney, for Appellants. Robert F. Shippee for Respondents. *666 Mccomb, J.,...
Views: 0
Appellant, as petitioner in the court below, sought and obtained a writ of review for the purpose of determining the validity of an order of the respondent Commissioner of Corporations suspending a permit theretofore issued to appellant petitioner, authorizing the sale of stock by the latter. The proceeding was instituted under section 15 of the Corporate Securities Act (Stats. 1917, p. 673, and ...
Views: 1
Defendant’s demurrer to the amended complaint was sustained and subsequently the trial court denied leave to amend a second time. Judgment of dismissal followed, from which plaintiffs have taken this appeal. We find no error in the trial court’s rulings. The action was instituted by 144 persons as plaintiffs to recover from the defendant corporation the sums of money alleged to have been paid by t...
Views: 1
In this action to quiet title to a lot in San Diego the court made findings and entered judgment in favor of the plaintiff and the defendants have appealed on the judgment-roll alone. On July 17, 1925, Sarah Tenney, being then 80 years of age, executed a grant deed conveying the property in question to the respondent, this deed reserving to the grantor “the free use and occupancy of the said premi...
Views: 2
15 Cal. App. 2d 710 (1936) MISS M. HEUER, Appellant, v. ROBERT H. KEE, Respondent. Civ. No. 10716. California Court of Appeals. Second Appellate District, Division One. July 31, 1936. Gladys Towles Root, S. S. Hahn, W. O. Graf and Phi O. Clough for Appellant. James M. Carter for Respondent. White, J., pro tem. Plaintiff brought this action to recover damages for certain alleged libelous an...
Views: 3
15 Cal.App.2d 669 (1936) THE PEOPLE, Respondent, v. LAWRENCE WOOLEY, Appellant. Crim. No. 1496. California Court of Appeals. Third Appellate District. July 29, 1936. H. D. Gregory for Appellant. U.S. Webb, Attorney-General, and Wilmer W. Morse, Deputy Attorney-General, for Respondent. Plummer, J. The defendant was convicted of an offense specified in section 285 of the Penal Code. His moti...
Views: 6
This is an original proceeding for a writ of mandate to compel the officers of the board of education of the city of Los Angeles (which is the governing body of the following school districts: Los Angeles City School District of Los Angeles County, Los Angeles City High School District of Los Angeles County, and Los Angeles City Junior College District of Los Angeles County), the superintendent of...
Views: 0
Defendants appeal from a judgment in favor of plaintiff and respondent in an action for damages for personal injuries. The action was tried by the court sitting without a jury, and a judgment in the sum of $3,000 was rendered. This appeal presents but one question, viz.: Was plaintiff guilty of contributory negligence as a matter of law? The facts are simple, and may be briefly stated as foll...
Views: 0
15 Cal. App. 2d 726 (1936) E. B. RHOADS, Appellant, v. I. A. STUDLEY, Respondent. Civ. No. 9853. California Court of Appeals. First Appellate District, Division One. August 3, 1936. Booth B. Goodman, H. H. Kilpatrick, F. E. Kilpatrick and John W. Wentz for Appellant. James F. Hoey, F. G. Hamilton and Warren Cunningham for Respondent. Ward, J., pro tem. This is an action for damages for per...
Views: 1
17 Cal.App.2d Supp. 771 (1936) THE PEOPLE, Respondent, v. FRANK OSBORNE, Appellant. California Court of Appeals. July 23, 1936. Green, McEachern & Hoffman for Appellant. John K. Hull, City Prosecutor, and Fred N. Howser, Chief Deputy City Prosecutor, for Respondent. Schauer, J. Defendant was charged with and convicted of a violation of section 4 of Ordinance No. C-1389 of the city of Long Be...
Views: 0
This suit was commenced August 4, 1934, by Katherine Mason and T.R. Mason, her husband, against John Pelkes, Evelyn H. Treinies, Frances Thinnes and Pierre Thinnes, her husband, and Sunshine Mining Company, to procure a decree adjudging 15,299 shares of capital stock of the mining company to have been held by Pelkes in trust for Katherine Mason prior to his transfer of it to Treinies, Thinnes and ...
Views: 3
MILLARD, C.J., and BLAKE, J., dissent. This is an original application made in this court for a writ of mandamus to compel the respondent to issue to the relator a license to take salmon fish from the waters of Puget Sound by means of a gill net. At the general election held on November 6, 1934, initiative measure No. 77, relating to the taking and catching of fish, was passed by vote of the peopl...
Views: 5
The opinion of the court w>as delivered by Appellee requests clarification of opinion in this case, reported in 143 Kan. 624, 56 P. 2d 464, relative to the former award for permanent alimony. We see no occasion for clarification of the opinion. The permanent award was for the sum of $2,400. Since no decree for divorce had been rendered by the trial court, we directed that court to render such d...
Views: 3
This is an appeal from a judgment of the superior court reversing an order of the department of labor and industries of the state of Washington. The order reversed was a final one, made after a hearing before the supervisor and also a hearing before the joint board of the department, upon the application of Hannah Eklund for a widow's pension under the workmen's compensation act, for the death of ...
Views: 0
The defendants J. Floyd Doan and Rosella M. Doan, his wife, own and operate a grocery store in the city of Yakima. The other defendants, George Damaskos and Vernard Fox, were, during the early summer of 1935, employed in and around the grocery. The Doans owned a three-wheel motorcycle, having a side container for the carriage of merchandise, which was used in connection with the store as a deliver...
Views: 0
MILLARD, C.J., dissents. The respondent sustained a minor injury while engaged in unloading crushed rock from a barge on Hood Canal. His claim for compensation was denied by the department of labor and industries, upon the ground that the injury was sustained while he was engaged in an off-shore occupation, not under the protection of the state workmen's compensation act. On appeal to the superior...
Views: 0
Relator, by this action, seeks to compel the respondent, as secretary of state, to accept and file his declaration of candidacy for the office of state senator for the thirty-eighth district. In his petition, the relator sets forth that Honorable L.E. Tewksbury, the incumbent for the term ending the second Monday in January, 1939, has accepted the position of district administrator of the Works Pr...
Views: 1
Appellants Carl Larson and Andy Fox (with another) were by information charged with the crime of grand larceny, committed “by means of a trick, device, and bunco game. ’ A trial to a jury resulted in verdicts, as to each, of guilty as charged. Judgment and sentence of each by the court followed, and both have appealed therefrom. By the errors assigned, but three questions are raised. The firs...
Views: 0
On January 7, 1932, Frank Ruchert gave a chattel mortgage to H.H. Cardwell covering certain horses, cattle, farm machinery and crops to secure the payment of two promissory notes payable on demand, as well as any future advances which the mortgagee might make in order to care for and harvest crops. The mortgage was duly filed in the office of the county auditor January 12, 1932. On February 20, 19...
Views: 0
During the month of March, 1935, the defendants Lewis, by an instrument in writing, leased to Washington Emergency Relief Administration the second floor of a building in Aberdeen, to be used by lessee in connection with its "transient and homeless men's division." A few weeks after the delivery of possession under the lease, the plaintiffs, John Dodak and Albert Mackey, called at the lessee's off...
Views: 0
Plaintiff, a minor, by his guardian ad litem, brought this action to recover from defendant for personal injuries alleged to have been sustained as the result of defendant's negligent operation of an automobile. Trial of the cause to a jury resulted in a verdict for defendant. From the judgment entered May 19, 1934, dismissing the action, plaintiff appealed. On August 22, 1934, the statement of fa...
Views: 0
This action was brought by Joseph Bethel to recover from William H. Matthews and wife $22,500 damages alleged to have been suffered upon the refusal of Matthews and wife to carry out an existing real estate contract between Matthews and wife and Carl M. Ervin and wife. The plaintiff sued as a remote assignee of the purchasers' interests under the contract. Upon issues framed, the action was tried ...
Views: 0
In the complaint in this case there are three causes of action, separately stated. In the first, the plaintiff seeks to recover industrial insurance premiums which it claims to be due and unpaid. In the second, recovery is sought for a penalty claimed due to the failure to pay the premiums as they became due; and in the third, a lien is sought to be established as securing the demands in the first...
Views: 0
This is a will contest, based upon allegations of want of testamentary capacity and of undue influence. The trial court reached the conclusion that the proof failed to establish either contention and entered judgment dismissing the contest. From that judgment, this appeal is prosecuted. *Page 222 The errors assigned, for the most part, raise questions of fact only. The testatrix, Anna M. Bradley,...
Views: 0
Plaintiff filed a complaint in the court below, setting up five causes of action for libel and *Page 158 slander. Demurrers having been sustained, he filed an amended complaint containing two causes of action; one for libel, the other for slander. Demurrers were sustained to this complaint. Plaintiff then filed a second amended complaint, which, except for matters alleged by way of inducement or ...
Views: 0
This action was brought to recover the balance claimed to be due for services rendered and for an accounting. The answer to the complaint contains certain denials and admissions, and, in addition to this, an affirmative defense and two counterclaims are pleaded. The cause was tried to the court without a jury, and at the conclusion of the trial, findings of fact were made sustaining the plaintiff'...
Views: 0
This is an appeal from a judgment of the superior court sustaining an order of the county superintendents of schools of Walla Walla and Columbia *Page 271 counties, refusing to transfer certain described lands from one district to another. May 14, 1932, a petition was presented to the superintendents of schools of Walla Walla and Columbia counties, requesting a transfer of lands described in the ...
Views: 0
This case was formerly decided in favor of appellant Martin [Martin v. Hickenlooper, 90 Utah 130, 40 P.2d 213], and a rehearing granted September 27, 1935. The following opinion and decision is substituted for the former opinion and decision and the latter recalled: The appeal was by Martin from a decree giving Mrs. Zorn priority of mortgage lien over his mortgage by virtue of the principle of sub...
Views: 6
Plaintiff secured a judgment against defendant Isabel De La Mare for the sum of $58,053.35 and against the defendant National Surety Company in the sum of $40,000. Defendants appeal. The controversy resulting in the judgment grew out of the failure of the Tooele County State Bank, where defendant Miss De La Mare, as county treasurer of Tooele county, Utah, had funds of the county on deposit. The d...
Views: 1
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 133 The defendants, Jewell De Long and Bill De Long, Jr., in their answer, admitted that they were jointly in possession with the mortgagors of all the disputed property, and then alleged affirmatively that the said defendant sons were the owners of the dispu...
Views: 2
Dissenting: I dissented from the majority opinion handed down several months ago, and I see no reason to retract from my opinion in that case at this late date. The defendant’s attorney concedes that the verdict of the jury is final and binding on this court and that the defendant was guilty of deceiving the plaintiff, Mrs. Doyle, into believing that she was buying a secured bond when in fact i...
Views: 0
Judgment affirmed in department without written opinion, Mr. Justice Burke, sitting for Mr. Chief Justice Campbell, Mr. Justice Butler and Mr. Justice Holland, participating. ...
Views: 0
Judgment affirmed en banc on application for supersedeas without written opinion. ...
Views: 0
Judgment affirmed in department without written opinion, Mr. Justice Burke, sitting for Mr. Chief Justice Campbell, Mr. Justice Bouck and Mr. Justice Young, participating. ...
Views: 0
Judgment affirmed in department without written opinion, Mr. Justice Hilliard, sitting for Mr. Chiee Justice Campbell, Mr. Justice Bouck and Mr. Justice Young participating. ...
Views: 0
Judgment affirmed in department without written opinion, Mr. Justice Burke, sitting for Mr. Chief Justice Campbell, Mr. Justice Butler and Mr. Justice Holland participating. *554 Mr. Joseph J. Walsh, Mr. Donald F. Clifford, for plaintiffs in error. Messrs. Bartels, Blood & Bancroft, for defendants in error. ...
Views: 2
*511 OPINION By the Court, If plaintiff, before crossing any of the four tracks, had brought his truck and its motor to a full stop so he could listen effectively, the petition for rehearing might present a more serious question than, in our opinion, it does. But from whatever angle this case be viewed, the conclusion that plaintiff took an unnecessary chance which an ordinarily prudent per...
Views: 0
ON REHEARING Upon a rehearing En Banc, a majority of the court adhere to the Departmental opinion heretofore filed herein, and reported in185 Wn. 143, 53 P.2d 615....
Views: 3
Decided January 14, 1936. Agreeably to stipulation of counsel, the appeal in the above-entitled cause is ordered dismissed, each party to pay his or her own costs....
Views: 0
The judgment of the district court is reversed on authority of Dunn v. Jones, ante, p. 218, 53 P. 2d 918, and the cause is remanded with direction to overrule the demurrer to the petition....
Views: 1
The Washington Water Power Company brought an action in the superior court of Lincoln county to enjoin the members of the election board of that county from submitting for vote at the next general election in 1936 the proposition whether there should be created a public utility district under chapter 1 of the Laws of 1931, p. 3 (Rem. Rev. Stat., § 11605 [P.C. § 4498-11]et seq.). The demurrer of th...
Views: 0

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

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

ⓘ Information Facts

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