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All Reporters → p2d → Volume 81

Opinions in p2d Volume 81

The opinion of the court was delivered by This was an action to contest a will. Judgment was for defendants, and plaintiff appeals. On the 20th day of February, 1935, Sam M. Stayton executed his last will and testament. He died ón March 5, 1935, and his will was probated on the-day of March, 1935. By his will Sam M. Stayton devised to his wife, Minnie Stayton, plaintiff herein, the home place in ...
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The opinion of the court was delivered by This was an action to foreclose a mortgage and to quiet title to real estate. The state highway commission was named as one of the defendants. It filed a demurrer to the petition. This demurrer was overruled. The state highway commission appeals. The petition contained the necessary allegations as to the execution of the note and mortgage and that it becam...
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*348The opinion of the court was delivered by The question in this appeal is the effect of an ante-nuptial contract on a previously executed will. In contemplation of marriage subsequently performed between them, Buckner W. Dunsworth and Lucy Meyers entered into an antenuptial contract dated April 4, 1929. Buckner W. Dunsworth had made a will dated November 10, 1902, which had never been revoked u...
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The opinion of the court was delivered by This was an action against several defendants to quiet title to a certain tract of land alleged to be owned by the plaintiff, and the petition further alleged that William Taylor, one *332of the defendants, claimed some right, title or interest in a certain part of said land described as a strip three rods wide, but that he had not been in possession of t...
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The opinion of the court was delivered by This action was brought to obtain a decree to impress land with a constructive trust in favor of the plaintiff, which trust was alleged to have grown out of and to have been created by reason of defendants’ fraudulent representations and fraudulent oral agreement to convey title to the land and the breach of that agreement. A general demurrer to the petit...
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The opinion of the court was delivered by This was an action to determine the rights of the plaintiff, Harold H. Malone, and of the intervenor, M. P. Sanderson, to an interest in and to oil and gas under certain lands in Sumner county, and to oil and gas which had been produced therefrom by the defendant, R. H. Young, a purchaser at a mortgage-foreclosure sale, and by his record successors in tit...
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The opinion of the court was delivered by This was an action to'determine the rights of the plaintiff, G. A. Edminster, to an interest in and to oil and gas in *283place and to oil and gas which had been produced from that land in Sumner county by the defendant, R. H. Young, a purchaser at a mortgage-foreclosure sale, and by his successors in title. While this case and the case of Malone v. Young,...
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The opinion of the court was delivered by This was an action for damages for personal injuries. The jury answered special questions and returned a general verdict for plaintiff and against the Broadview Hotel Company for $3,000, from which the hotel company has appealed. It also returned a general verdict against the plaintiff and in favor of the Skelly Oil Company, from which plaintiff has appeal...
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The opinion of the court was delivered by This was an action for money. Judgment was for defendant sustaining a demurrer to the petition. Plaintiff appeals. The petition alleged that plaintiff was a resident of Topeka and that Topeka was a city and had a population of more than 50,000 and less than 90,000. It further alleged that plaintiff became an employee of the city in 1912 and that he contin...
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The opinion of the court was delivered by Defendant was convicted of bank robbery. He appeals. The first point raised by defendant is that the prosecution was barred by the statute of limitations. On this account various procedural steps in the prosecution had prior to the filing of the information on which the trial was had will be noted at the outset. The bank was robbed on March 1, 1933. A comp...
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The opinion of the court was delivered by This was an action by a guest against his host for damages growing out of an automobile collision. Judgment was for defendant upon the answers to special questions. Plaintiff appeals. The collision occurred in the early morning of November 26, 1936. Some young people, including the plaintiff and defendant, had spent, the evening at a place referred to in t...
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The opinion of the court was delivered by This is an appeal from an order of the district court requiring the defendant to pay interest on a judgment for child support and from an order directing defendant to pay certain hospital and medical expenses. The cross-appeal is from an order of the *212court which denied plaintiff’s motion to require defendant to pay the judgment for child support in gro...
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Plaintiff sued to quiet title to real estate, claiming title thereto by virtue of a tax deed issued under the provisions of chapter 27, L. 1934, Sp.Sess. The defendant, City of Portales, asserted a sewer assessment lien created in 1926, and a paving lien created in 1930. The decree of the district court held that the tax deed extinguished the paving lien but not the sewer lien; the disparity in th...
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Claimant seeks to recover from defendant under the workmen's compensation act of New Mexico for injuries sustained on April 13, 1937. At the time of the injury the statute (1929 Comp., § 156-113) limited the time within which such a claim could be filed to six months after refusal or failure of the employer to pay compensation. On June 11, 1937, there became effective an amendment of that section ...
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During the summer of 1935 Ralph Christie, a single man, 21 years of age, was employed by the Robinson Construction Company, one of the respondents, as operator of a gasoline tractor, known as a "caterpillar." He was also the repair man for the "cats" (so-called in common parlance). The company was engaged in constructing roads in Valley county and elsewhere in the state. Ralph resided at McCall wi...
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During the summer of 1935 Ralph Christie,» a single man, 21 years of age, was employed by the Robinson Construction Company, one of the respondents, as operator of a gasoline tractor, known as a “caterpillar.” He was also the repair man for the “eats” (so-called in common parlance). The company was engaged in constructing roads in Valley county and elsewhere in the state. Ralph resided at McCall w...
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(Dissenting and Concurring). — After my first examination of this case, Mr. Justice Budge wrote the foregoing opinion, concurring in part and dissenting in part. The matters- to which he directs attention were not pointedly stressed by counsel, and therefore escaped my notice. ' I have again carefully examined the record in the light of Justice Budge’s opinion and concur therein, although I still...
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Millard F. Lasater was convicted of second degree murder and he has appealed contending that the evidence is insufficient to support the verdict and that the court's instructions defining second degree murder were erroneous. [1, 2] The first of these assignments invites a consideration of the evidence, which is largely circumstantial. The defendant makes no complaint of the court's instructions on...
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Yavapai County Savings Bank, a state bank having its principal place of business in Prescott, Arizona, and hereinafter called plaintiff, brought this action to enjoin the enforcement of a certain tax assessment placed upon it. The state tax commission, the boards of supervisors of Maricopa and Yavapai counties, and the assessors and treasurers of such counties were made parties defendant to the ac...
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This is an appeal from judgments rendered in two cases consolidated for trial in the superior court. The first was a minority stockholders' suit brought by Ralph H. Walker on behalf of the Southwest Mines Development Company, a corporation, himself and all other stockholders therein similarly situated, its purpose being to have the court set aside certain conveyances executed by that company to th...
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In 1934 disciplinary proceedings were instituted by the State Bar of Arizona against *Page 388 Isaac Barth, who was one of its members. In the course of the hearing many charges were made by Barth against Dodd L. Greer, hereinafter called respondent, who is a member of the Bar residing in Apache county. As a result of these charges, and of many other more or less loosely made accusations against ...
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This is an appeal by the plaintiffs, two in number, who are a firm of building contractors known as Lorenz Bros., from a decree of the circuit *Page 554 court which holds invalid a mechanic's and materialman's lien claim, filed by them April 23, 1934, against real property owned by the defendant-respondent, Northwest Real Estate Investment Company. The amount claimed is $19,868.56, an alleged ba...
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This is a suit to re-form a written instrument, dated November 20, 1934, the execution thereof *39 acknowledged on December 13, 1934, wherein A. L. Bailey agreed to sell and C. L. Lull agreed to buy a certain placer mine containing 69 acres on Pleasant creek, in Jackson county, Oregon, for $1,800 and to compel specific performance of an oral contract alleged to have been made by the plaintiff a...
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In Banc. An original action was commenced for the possession of the land involved. The defendants, deeming themselves entitled to relief arising out of facts requiring the interposition of a court of equity, and material to their defense, under the provisions of section 6-102, Oregon Code 1930, set up equitable matter, namely, that the deed held by the plaintiffs to the land involved was, in effec...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 603 This is an appeal by the State Savings and Loan Association (plaintiff) from a judgment in favor of the defendant, C.C. Bryant, as receiver for the First National Bank in Salem, an insolvent national banking association. The judgment awards the plaintiff ...
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In Banc. On November 6, 1937, the plaintiff filed a complaint with the county judge of Jackson county, Oregon, charging the defendant, Earl H. Fehl, with being insane and unsafe to be at large. The county judge, being of the opinion that he was disqualified to hear and determine the matter, certified the record, pursuant to section 28-1006, Oregon Code 1930, to the circuit court for determination....
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 493 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 494 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE T...
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In Banc. The plaintiff, J.W. Maidment, a judgment creditor of the defendant, Ed Russell, has appealed from a decree of the circuit court dismissing a suit brought to set aside certain transfers of real and personal property, from the said Ed Russell to his mother, the defendant, Kate Russell, which are alleged to have been made to defraud creditors. The indebtedness which ripened into plaintiff's ...
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In Banc. On November 7, 1936, Herman Winters died intestate in the city of Portland, Multnomah county, Oregon. At the time of his death and for a long time prior thereto he was a resident and inhabitant of Multnomah county, Oregon. On December 2, 1936, pursuant to petition therefor William C. Winters, brother, and Albertina Dahlke, sister of said deceased, were appointed by the probate *Page 639 ...
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11 Cal. 2d 488 (1938) VICTOR MOREL, Petitioner, v. RAILROAD COMMISSION OF THE STATE OF CALIFORNIA, Respondent. L. A. No. 16232. Supreme Court of California. In Bank. June 30, 1938. Dario H. Nelson for Petitioner. P. N. McCloskey, Ray L. Chesebro, City Attorney (Los Angeles), Frederick von Schrader and Newton J. Kendall, Assistant City Attorneys, and John L. Bland, Deputy City Attorney, as Am...
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11 Cal. 2d 449 (1938) UNION TRUST COMPANY OF SAN DIEGO, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY et al., Respondents. L. A. No. 16626. Supreme Court of California. In Bank. June 29, 1938. Stearns, Luce, Forward & Swing for Petitioner. C.J. Novotny for Respondents. HOUSER, J. From the record herein, it appears that on August 14, 1931, as the outcome of a foreclosure suit th...
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In this action by a husband and father for the death of his wife and two minor children, the court instructed the jury to return a verdict for the defendants. From the judgment entered thereon this appeal is prosecuted. The facts necessary for a correct understanding of the questions involved on this appeal may be thus briefly stated: On the morning of June 18, 1936, shortly after 8:30 o’clock, Ru...
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27 Cal. App. 2d 484 (1938) THE PEOPLE, Respondent, v. WALLACE REED, Appellant. Crim. No. 365. California Court of Appeals. Fourth Appellate District.-- July 9, 1938. Richard A. Haley for Appellant. U.S. Webb, Attorney-General, and Bayard Rhone, Deputy Attorney-General, for Respondent. MARKS, J. Defendant was accused of the crime of grand theft, stealing an automobile belonging to C. C. Bou...
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27 Cal. App. 2d 447 (1938) In the Matter of the Application of HARRY ALLEN for a Writ of Habeas Corpus. Crim. No. 2030. California Court of Appeals. First Appellate District, Division Two.-- July 6, 1938. Leo Friedman for Petitioner. U.S. Webb, Attorney-General, and Seibert L. Sefton, Deputy Attorney- General, for Respondent. NOURSE, P. J. This is an original application for a writ of habe...
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On September 20, 1934, one Elmer Gates, who was at the time superintendent of the pole yard of the San Joaquin Light and Power Corporation at Fresno, was killed in an accident which occurred there in the course of the unloading of a truck and trailer, belonging to respondent R. 0. Deacon Lumber Company and operated by respondents Dewey and Farrar. Gates was killed by being pinned between a load of...
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I dissent. In my opinion the court was without jurisdiction to order petitioner to make the payments to the court trustee or to return to court if the payments should not be made. (Baxter v. Baxter, 3 Cal. App. (2d) 676 [40 Pac. (2d) 536].)...
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Two appeals are presented in this cause upon one transcript with separate briefs. Both causes of appeal, however, will be considered in one opinion. One appeal is by Albert E. Stearns, from the order failing to appoint him as alternate executor of the estate of Laura Antoinette Grafmiller, deceased. The other appeal is by Annie Gertrude Van Tine, from an order of the. probate court refusing to rev...
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27 Cal.App.2d 293 (1938) In the Matter of the Application of FRANK LYONS, for a Writ of Habeas Corpus. Crim. No. 511. California Court of Appeals. Fourth Appellate District.-- June 24, 1938. W. C. Dorris and R. W. Henderson for Petitioner. Victor H. Parry for Respondent. MARKS, J. Frank Lyons filed his petition in this court seeking release from confinement under an order finding him guilt...
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27 Cal. App. 2d 406 (1938) WILLIAM J. FRENZER, Respondent, v. MUTUAL BENEFIT HEALTH AND ACCIDENT ASSOCIATION (a Corporation), Appellant. Civ. No. 5910. California Court of Appeals. Third Appellate District.-- July 1, 1938. Gumpert & Mazzera and C. H. Hogan for Appellant. Honey & Mayall for Respondent. *408 PULLEN, J. This is an action to recover upon an accident policy issued by de...
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27 Cal. App. 2d 228 (1938) ROBERTA SEMPLE, Respondent, v. WILLEDD ANDREWS, Appellant. Civ. No. 11531. California Court of Appeals. Second Appellate District, Division One.-- June 22, 1938. Willedd Andrews, in pro. per., and Joseph Scott for Appellant. Stanley Arndt and Joseph Fainer for Respondent. WHITE, J. This is an appeal by the defendant from a judgment in favor of plaintiff for damag...
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27 Cal. App. 2d 372 (1938) LESLIE SASSANO, a Minor, etc., Appellant, v. JOEL ROULLARD, Respondent. Civ. No. 1891. California Court of Appeals. Fourth Appellate District.-- June 29, 1938. Arthur Frame for Appellant. *373 W. M. Conley, Philip Conley, Matthew Conley, and Conley, Conley & Conley for Respondent. MARKS, J. This is an appeal from a judgment in the sum of $250 in favor of Lesl...
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27 Cal. App. 2d 416 (1938) MOLLIE BICKFORD et al., Appellants, v. F. M. LAWSON, Respondent. Civ. No. 5757. California Court of Appeals. Third Appellate District.-- July 2, 1938. H. W. McGowan for Appellants. George R. Freeman and Elmer Laine for Respondent. THOMPSON, J. The plaintiffs have appealed from a judgment rendered pursuant to a directed verdict in favor of the defendant in a suit ...
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27 Cal. App. 2d 360 (1938) HENRY E. PASSOW, Appellant, v. JOHN BELL, Respondent. Civ. No. 10705. California Court of Appeals. First Appellate District, Division Two.-- June 29, 1938. Robert E. Hatch for Appellant. Samuel G. Holcenberg and Jerome L. Schiller for Respondent. NOURSE, P. J. This matter is before us on an appeal from an order denying plaintiff's motion to issue execution *361 u...
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27 Cal. App. 2d 269 (1938) CHARLES C. MOORE et al., Respondents, v. FREDERICK E. HOAR et al., Defendants; JOE SMITH, as Executor, etc., et al., Appellants. Civ. No. 1900. California Court of Appeals. Fourth Appellate District.-- June 23, 1938. John W. Preston and Claflin, Dorsey & Campbell for Appellants. Siemon & Claflin, Borton, Petrini & Conron and C. W. Hobson for Respondents...
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27 Cal.App.2d 464 (1938) W. E. BRERETON et al., Appellants, v. J. W. BURTON et al., Respondents. Civ. No. 5988. California Court of Appeals. Third Appellate District.-- July 7, 1938. Donald B. Fowler for Appellants. Wilcox & Rodin for Respondents. THOMPSON, J. From a decree declaring that plaintiffs' judgment lien against certain lots in Turlock is subordinate to a mortgage lien held by th...
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27 Cal. App. 2d 249 (1938) THE PEOPLE, Respondent, v. JOSEPH GARRETT, Appellant. Crim. No. 1605. California Court of Appeals. Third Appellate District.-- June 23, 1938. James F. Gaffney for Appellant. U.S. Webb, Attorney-General, and Gordon S. Hughes, Deputy Attorney- General, for Respondent. PLUMMER, J. The defendant in this action was tried upon an information containing two counts. Coun...
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27 Cal. App. 2d 353 (1938) THE PEOPLE, Respondent, v. WILLIAM McNEIL, Appellant. Crim. No. 3095. California Court of Appeals. Second Appellate District, Division Two.-- June 28, 1938. William J. Clark and Edward Linder for Appellant. U.S. Webb, Attorney-General, Eugene M. Elson, Deputy Attorney-General, Buron Fitts, District Attorney, Jere J. Sullivan and H. L. Arterberry, Deputies District ...
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Plaintiffs sued to recover possession of a refrigerating plant or the value thereof. The cause was tried before the court sitting without a jury and from a judgment in favor of defendant, plaintiffs appeal. Said refrigerating plant was installed in the clubhouse of the Union League Golf and Country Club at the time the building was constructed in 1930. Said last-named club became financially invol...
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This is an appeal by the state from an order of the superior court releasing a prisoner on hearing upon a writ of hateas corpus. On August 12, 1936, the petitioner was received at San Quentin prison upon commitment on twelve separate counts of grand theft, sentences for which ran concurrently. On August 10, 1937, the board of prison terms and paroles fixed his term at five years. At the same time ...
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27 Cal. App. 2d 440 (1938) THE PEOPLE, Respondent, v. LEWIS J. HALL, Appellant. Crim. No. 1960. California Court of Appeals. First Appellate District, Division One.-- July 6, 1938. Nathan C. Coghlan, James B. Boland and Walter C. Frame for Appellant. U.S. Webb, Attorney-General, and Seibert L. Sefton, Deputy Attorney- General, for Respondent. KNIGHT, J. The defendant was charged with the m...
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27 Cal. App. 2d 460 (1938) THE PEOPLE, Respondent, v. LEO TERKANIAN, Appellant. Crim. No. 433. California Court of Appeals. Fourth Appellate District.-- July 6, 1938. R. E. Parsons and Wm. M. Anderson for Appellant. U.S. Webb, Attorney-General, and Frank Richards, Deputy Attorney-General, for Respondent. *461 MARKS, J. Defendant was charged with the crime of assuming and attempting to act ...
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27 Cal. App. 2d 433 (1938) VINCENT W. HALLINAN, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Respondents. Civ. No. 10871. California Court of Appeals. First Appellate District, Division Two.-- July 5, 1938. Vincent Hallinan, in pro. per., William F. Herron and Carey Van Fleet for Petitioner. Bartley C. Crum for Respondents. STURTEVANT, J. The petitioner...
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27 Cal.App.2d 494 (1938) FRANK M. GRITSCH, Respondent, v. PICKWICK STAGES SYSTEM (a Corporation), Appellant. Civ. No. 10680. California Court of Appeals. First Appellate District, Division Two.-- July 11, 1938. Bryce P. Gibbs, Harry C. Lucas and J. D. Maatta for Appellant. *496 George K. Ford and Leonard B. Fowler for Respondents. NOURSE, P. J. The defendant appeals from the judgments in f...
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27 Cal. App. 2d 455 (1938) LOUIS GLASSER, Respondent, v. THE MUNICIPAL COURT OF THE CITY OF LOS ANGELES et al., Appellants. Civ. No. 11444. California Court of Appeals. Second Appellate District, Division One.-- July 6, 1938. Ray L. Chesebro, City Attorney, John L. Bland, Deputy City Attorney, Everett W. Mattoon, County Counsel, and Beach Vasey, Deputy County Counsel, for Appellants. Richard...
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27 Cal. App. 2d 505 (1938) AILEEN BRADY, Plaintiff, v. MARVIN D. KOBEY, Appellant. Civ. No. 11767. California Court of Appeals. Second Appellate District, Division Two.-- July 11, 1938. Jacob J. Lieberman, Arthur L. Green and Frank A. Pettibone for Appellants. Heaney, Price, Postel & Parma for Respondents. McCOMB, J. These are purported appeals from orders granting (1) the motion of re...
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27 Cal. App. 2d 469 (1938) MARCIA KAGEE, Respondent, v. CHARLOTTE ELIZABETH BENCICH, as Executrix, etc., Appellant. Civ. No. 6008. California Court of Appeals. Third Appellate District.-- July 7, 1938. J. J. Henderson for Appellant. Ralph H. Lewis for Respondent. PULLEN, P. J. From a judgment in favor of plaintiff, defendant appeals. [1] As grounds for such appeal defendant alleges that th...
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Under date September 12, 1934, Birdie E. and Dick O. Mitchell executed and delivered to plaintiff, Home Owners' Loan Corporation, their promissory note in the sum of $1,360, secured by mortgage on a tract of real estate in the city of Seattle, owned by the Mitchells. The mortgagors agreed to pay the loan at the rate of $14.42 per month, but having failed to make the payments called for by the note...
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William Bush died in the city of Seattle, February 6, 1937, aged approximately ninety years, leaving surviving him six daughters and three children of a deceased daughter. Mr. Bush had resided in the city of Seattle and vicinity for approximately thirty years, and up to a short time prior to his death, had been engaged in business as a grocer. Mr. Bush's wife died in 1930, and shortly thereafter, ...
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This is an appeal from a judgment entered upon a verdict of a jury for personal injuries sustained by falling in a street car. This action was brought by Elizabeth B. Cassels through Bertrand Beasley Cassels, her guardian ad litem. Since Elizabeth B. Cassels is now deceased, the executors of her estate were substituted as respondents. The instant case was consolidated with the case of Gay v. Seatt...
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This involves an appeal by a claimant from a judgment of the superior court dismissing her *Page 413 complaint and sustaining the order of the department of labor and industries. July 20, 1936, appellant, widow of decedent, filed a claim for a pension with the department. July 30, 1936, the claim was rejected by the supervisor of industrial insurance on the ground that the death of decedent was n...
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Plaintiff's amended complaint alleged that, on July 6, 1937, the city of Seattle, defendant, was indebted to H.A. Bechtel Son, copartners, in the sum of $808.93, for sand and gravel sold and delivered; *Page 387 and that, on that date, the partnership, for a good and valuable consideration, assigned, in writing, the indebtedness to the plaintiff. Copies of three assignments, aggregating the amou...
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This appeal calls for a determination of whether or not certain life insurance is subject to an inheritance tax. July 23, 1935, Bertrum C. Coffey, a resident of this state, died and left a substantial estate. This decedent had been the husband of Bertha Agnes Coffey for many years. It is admitted that nearly all of the assets of decedent's estate are community property. *Page 380 The supervisor f...
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Relators seek a writ of prohibition from this court to prevent the superior court for Cowlitz county and the presiding judge thereof from making a proposed order and approving a proposed nonresidents' cost bond in an action pending in that court. The record before us discloses that one hundred fourteen individuals, as plaintiffs, are maintaining an action in the superior court for Cowlitz county a...
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This action was instituted as an appeal to the superior court of King county, taken by virtue of the provisions of Rem. Rev. Stat., § 11591 [P.C. § 7249-23], from an assessment roll filed by the commissioners of water district No. 49 of local improvement district No. 1 of that county. The cause was tried to the court, and decree entered February 5, 1938, granting the appellants certain reductions ...
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STEINERT, C.J., dissents. Overruled on rehearing. ON REHEARING. [4] MUNICIPAL CORPORATIONS – STREETS – ACCIDENTS AT INTERSECTIONS – NEGLIGENCE – EVIDENCE – SUFFICIENCY. Evidence reexamined, and held, as a matter of law, that a bicyclist was not guilty of negligence in striking a small boy at a street intersection, where the undisputed evidence shows that the boy ran out from behind a parked car di...
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The district court of Fremont County declined to issue a writ of prohibition directed to the respondent George F. Dobler, a justice of the peace of that county having his office in Lander, Wyoming, to restrain him *Page 258 from issuing execution and enforcing a judgment theretofore entered by said justice against the relators, C.I. Jane and Nina B. Kane. The record made in the district court afo...
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On the 30th day of September, 1936, C.W. Colvin commenced an action against Mary Jane Colvin for divorce. A judgment was rendered for the plaintiff for divorce on the 24th day of February, 1937, from which judgment Mary Jane Colvin appeals. The action was based upon extreme cruelty, and the testimony is rather voluminous. Plaintiff was 70 years old at the date of the trial and the rendition of the...
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This is an original proceeding in this court brought to obtain a review of an order made by the State Industrial Commission whereby it dismissed for want of jurisdiction a claim to compensation made by Earl Sartin, hereafter referred to as petitioner, against Moran-Buckner Company and its insurance carrier, hereafter referred to as respondents. The record shows that on January 23, 1936, an employe...
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This is an appeal from an order vacating a judgment in favor of Lena Whittaker Blakeney and B.B. Blakeney against their codefendants, R.R. Ashford and Nora E. Ashford. The question for decision arises under the following circumstances: On August 4, 1932, Iola M. Abel commenced this action to foreclose two real estate mortgages given by the defendants R.R. Ashford and Nora E. Ashford Lena Whittaker...
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This is an action by Mrs. Julia Markovitch against the administrator of the estate of A.E. McGowan, and his heirs for judgment on a note executed by A.E. McGowan, deceased, and to foreclose a mortgage securing the same. The parties will hereinafter be referred to as plaintiff and defendants, in the order in which they appeared below. Plaintiff filed her petition May 15, 1937, containing the usual ...
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This is an action for damages for breach of contract to insure. Judgment was rendered for plaintiff, and defendants appeal. The facts are as follows: March 9, 1934, plaintiff, a school teacher, purchased an automobile from defendant Kohler Chevrolet Company. Plaintiff made a down payment and to pay the balance on the installment plan in 16 equal monthly payments beginning April 5, 1934. The notes ...
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This suit was instituted in the district court of Pontotoc county by *Page 210 Fleeta Lee Byrd, plaintiff, against Z.K. McKoy and several others, defendants. The suit was filed on the 10th day of October, 1934, seeking to cancel a certain deed executed in September, 1931, by Johnson Byrd, now deceased, to defendant Z.K. McKoy; and for cancellation of various conveyances oil and gas leases, and as...
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Bartlett Mortgage Company appeals from the action of the district court of Blaine county refusing to revive a judgment in favor of it and against Harvy James Morrison et al. The objection to the motion to revive was based upon the ground that the judgment had become dormant and more than one year had passed thereafter, by reason of which the court was without authority to revive the judgment over ...
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The defendant was charged by information in Garfield county with the driving of an automobile while under the influence of intoxicating liquor, was convicted and sentenced to pay a fine of $200, and serve six months in the penitentiary, and has appealed. The information in this case charged the defendant, Albert Luellen, did "unlawfully, wilfully, knowingly, and feloniously drive and operate a cer...
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Plaintiff in error, Carl Harris, was convicted in the district court of Washington county upon an information charging that in said county on the 4th day of December, 1936, he did take, steal and carry away one 1930 Model A Ford roadster, the personal property of Claude Oneal, and in accordance with the verdict of the jury was sentenced to confinement in the state penitentiary for the term of fiv...
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The defendant was charged jointly with Fred Bert Smith and Bob Nichols with the crime of larceny of live stock in Sequoyah county, was granted a severance, tried, convicted and sentenced to serve a term of five years in the penitentiary, and has appealed. The first assignment of error is that the verdict and judgment is contrary to law and the evidence and that the evidence is insufficient to sust...
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H. P. Craigo and H. C. Robinson were jointly charged, tried and convicted of unlawful possession of intoxicating liquor. Motions for new trial were made, and on October 27, 1937, overruled. Thereupon the court, in accordance with the verdict signed by five jurors, sentenced each defendant to be committed to the county jail of Pottawatomie county for a period of 90 days and to pay a fine of $250. T...
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The defendant was charged by information in Pontotoc county with the crime of murder, was convicted of manslaughter in the first degree, and sentenced to 20 years in the penitentiary, and has appealed. The defendant was charged with driving a 1935 Ford coupe automobile on the 21st day of November, 1936, while under the influence of intoxicating liquor, and in a reckless and careless manner, and th...
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On June 21, 1930, defendant was awarded a decree of separate maintenance. By its terms plaintiff was ordered to pay for defendant's permanent support and maintenance the sum of $150 per month, payable on the first day of each month, commencing July 1, 1930. The decree was subsequently modified so that for about the period of one year the award was reduced to $100 per month. In April, 1936, defenda...
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On May 23, 1938, R.M. Mills, a resident and taxpayer of Lewis and Clark county, filed his complaint in the district court of that county for an order directed to the State Highway Commission and the members thereof, requiring them to show cause why an injunction should not issue restraining the commission from accepting bids and entering into a contract for the construction of a portion of Route N...
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The judgment appealed from herein was filed with the clerk of the district court February 19, 1937, and notice of entry of the same was served upon counsel for plaintiff the same date; additional time in which to prepare, serve and file the bill of exceptions was applied for and granted some nine different times, which, with the time allowed by statute, gave the plaintiff from February 19, 1937, t...
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Citing on question of abandonment: Thomas v. Ball,66 Mont. 161, 213 P. 597; Blackfoot Land Development Co. v.Burks, 60 Mont. 544, 199 P. 685; Featherman v. Hennessy,42 Mont. 535, *Page 86 113 P. 751; St. Onge v. Blakely, 76 Mont. 1,245 P. 532; Osnes Livestock Co. v. Warren, 103 Mont. 284, 62 P.2d 206. On question of prescription: 2 C.J. 131; Great FallsWaterworks Co. v. Great Northern Ry. Co., 21...
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The Defendant, Annie Crus, brought this appeal. The case was here once before, on an appeal by the Plaintiff, Helper State Bank, and is reported in 90 Utah 207, 61 P.2d 318. The facts are substantially as follows: John Crus, having a savings account in the Bank and desiring his money to go to Annie Crus, his sister-in-law, upon his death, rather than to his daughter, discussed the matter with the ...
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Appellants have filed a petition for a rehearing and the State Engineer has filed a supporting brief as Amicus Curiae. Complaint is made that we upset the doctrine of statutory appropriation of public waters. The answer to *Page 21 this contention is found in the following statement from the opinion, 95 Utah 1, 72 P.2d 648, 654: "If this be new or added water, no right thereto can attach or be as...
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This cause is here on second appeal. The opinion in the first appeal is reported in 90 Utah 560, 63 P.2d 259, 108 A.L.R. 513. Plaintiff, as assignee of the Estate of Frank F. Fisk, deceased, brought the action to recover the sum of $1,321 paid under protest to the Clerk of the District Court of Carbon County, and claimed by the clerk as a fee for services rendered to the estate. Payment was made a...
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In this case plaintiff asks that a deed from plaintiff to defendant city be set aside and that title to the land described in the deed be quieted in plaintiff. The complaint also contains a prayer for general relief. Plaintiff asserts that the deed was obtained by fraud. The defendant city denies this, and further alleges that the suit is barred by the provisions of subdivision 4 of Section 6468, ...
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dissenting. I am unable to concur in the conclusion of the majority of the court. It is my belief that the majority opinion discloses a. misconception of the position and contention of the city of Denver. As I understand, the city does not assert that a petition was not necessary to initiate the improvement herein involved; neither do I apprehend that there is any controversy, factual or legal, wi...
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THE information here charges that defendant on a specified date at and within the county of Logan "then and there being a male person, did wrongfully and feloniously accomplish an act of sexual intercourse with one * * * an unmarried female person under the age of eighteen years, to-wit of the age of eleven years she the said * * * then and there resisting and such resistance being overcome by him...
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THESE parties are hereinafter referred to as Harris and Gonzales respectively. Harris was a member and treasurer of a school board in a third class district. Gonzales, alleging that he had removed permanently from the district and relator had been appointed by the county superintendent to fill the vacancy thus created, brought quo warranto. A demurrer to the complaint was overruled, Harris elected...
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PLAINTIFF in error, hereinafter referred to as defendant, was convicted of the larceny, in Denver, of an auto truck and contents and sentenced to a term of from four to six years in the penitentiary. To review that judgment he prosecutes this writ and asks that it be made a supersedeas. The cause has been finally submitted and orally argued. The twenty-one assignments are presented under ten divis...
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ACTION under the Workmen's Compensation Act. Judgment below affirmed award of compensation to claimant by the Industrial Commission for permanent partial disability of ten per cent, and it is to review that judgment that the matter is before us. Claimant was injured November 1, 1918, while working in a mine, when some rock fell against his right leg (original claim recited left leg, but doctor's t...
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ACTION in quo warranto testing the sufficiency of the incorporations of the town of Garden City in Weld County. The respondents, who are plaintiffs in error here, are the mayor and members of the board of trustees, respectively, of the town. They apply for supersedeas and ask that the judgment of annulment of the incorporation and ouster against them be vacated, and the complaint dismissed. We thi...
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ACTION involving alleged negligence of the city of Colorado Springs in maintaining the floor of the business office of its light plant in such slippery condition that plaintiff, an elderly woman, fell thereon and sustained serious injury. On a favorable verdict, judgment entered for her in the sum of $1,975. Sufficiently stated, it is contended by plaintiff in error, defendant below: (1) That the ...
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WE have heretofore determined the law of this matter and the method of procedure. People ex rel. v. Brayton,100 Colo. 92, 65 P.2d 1438. Consistent therewith the Pueblo district court (Leddy, Judge) made inquiry and found, "That the admitted actions of the respondent in this action cannot be reconciled with the requirements of a fair and open disclosure of the affairs of the bankrupt, and * * * tha...
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Appellant and respondent, husband and wife, of mature years, with grown children and one minor child, a girl, had lived together in Idaho county until September, 1937, when appellant moved with the minor child to Shoshone county, where, in December she filed suit for divorce on the grounds of cruelty and failure to support, custody of the minor child, alimony, one-half of 160 acres of land adjoini...
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John W. Cramer is a practicing attorney at law, renting and maintaining offices in the city of Lewiston, Idaho. By agreement with the owner of the building in which his offices are located, janitor service is supplied by Cramer himself who employs a janitor to do all his janitor work except washing windows. Whenever the windows needed washing, Cramer "picked up somebody that would come along and l...
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Plaintiff, a taxpayer, brought this proceeding originally in this court to enjoin the defendants from entering into an agreement designated as a "Consolidated Lease and Operating Agreement," which purports to pool state school lands with others in private ownership for unit operations for the production of natural gas and the apportionment of gas royalties on an acreage basis. By appropriate plead...
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This is an original proceeding on writ of review. On application of F.F. Haynes, made on his affidavit, this court directed the issuance of a writ of review, commanding the district court of Custer county to certify up a transcript of the record and proceedings in the matter of the estate and guardianship of Joseph Kesl, a mental incompetent. On the return day, the respondent court filed a written...
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27 Cal. App. 2d 606 (1938) THE PEOPLE, Respondent, v. HOMER V. OWENS, Appellant. Crim. No. 434. California Court of Appeals. Fourth Appellate District.-- July 15, 1938. Edgar G. Langford for Appellant. U.S. Webb, Attorney-General, and Burdette J. Daniels, Deputy Attorney- General, for Respondent. MARKS, J. Defendant was charged with murder in the first degree. He was found guilty and sente...
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27 Cal. App. 2d 545 (1938) ATHALIE PHIPPS, Appellant, v. HELEN M. PATTERSON et al., Respondents. Civ. No. 10747. California Court of Appeals. First Appellate District, Division Two.-- July 12, 1938. Philander B. Beadle for Appellant. Owen M. Gentry for Respondents. SPENCE, J. This is an appeal from an order denying plaintiff's "motions to correct verdicts and to correct judgments entered p...
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27 Cal. App. 2d 554 (1938) HOWARD THARP, Appellant, v. SAN JOAQUIN COTTON OIL COMPANY (a Corporation) et al., Respondents. Civ. No. 6013. California Court of Appeals. Third Appellate District.-- July 13, 1938. C. Ray Robinson, James D. Garibaldi and Willard B. Treadwell for Appellant. Ray W. Hays and Conley, Conley & Conley for Respondents. THE COURT. This is an appeal by the plaintiff...
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This is a motion by respondent for diminution of the record on appeal. The action is one for damages alleged to have been sustained by plaintiffs by reason of the alleged negligence of the defendant C. H. York while the latter was driving an automobile which figured in a collision with an automobile driven by the plaintiff Lulu M. Plott. It is further charged in the complaint that at the time of t...
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The clerk’s and the reporter’s transcripts were filed in this court on June 8, 1938, and no briefs have been filed and no extensions of time granted. The cause was on the calendar on July 12, 1938, and no appearance was made on behalf of the appellant. The attorney-general moved for an affirmance of the judgment under the provisions of section 1253 of the Penal Code and no reason appears why the s...
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27 Cal.App.2d 570 (1938) In the Matter of the Estate of ELSA LISSNER, Deceased. HENRY H. LISSNER et al., Respondents, v. CAMILLE HARRIS, as Administratrix, etc., et al., Appellants. Civ. No. 10752. California Court of Appeals. First Appellate District, Division One.-- July 15, 1938. Morris M. Grupp and Alfred J. Stern for Appellants. Glikbarg & Wolf and Philip Selig, Jr., for Respondents. B...
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The appellant was jointly indicted with another defendant on six counts for alleged violations of the Corporate Securities Act and for grand theft. The indictment against the codefendant was dismissed. A demurrer to each count of the indictment was overruled. The appellant was convicted of four counts of the indictment and acquitted of the remaining two counts. On motion for a new trial the causes...
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27 Cal.App.2d 623 (1938) ALBERT L. WINN, as Administrator, etc., Respondent, v. MEAD O. TORR et al., Appellants. Civ. No. 6092. California Court of Appeals. Third Appellate District.-- July 19, 1938. Jahn H. Moskowitz for Appellants. Lounibos & Lounibos for Respondent. THOMPSON, J. The defendant, Mary Torr, has appealed from a judgment of foreclosure of a mortgage which was executed by her...
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27 Cal. App. 2d 612 (1938) THE PEOPLE, Respondent, v. ELMER BROWN, Appellant. Crim. No. 1640. California Court of Appeals. Third Appellate District.-- July 16, 1938. S. P. Galvin for Appellant. U.S. Webb, Attorney-General, and Gordon S. Hughes, Deputy Attorney- General, for Respondent. PULLEN, P. J. Defendant was charged, arraigned, tried and found guilty of assault with a deadly weapon wi...
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27 Cal. App. 2d 621 (1938) C. B. NAGELMANN et al., Respondents, v. JOE McINTYRE et al., Defendants; ROBERT I. WOOD, Appellant. Civ. No. 11498. California Court of Appeals. Second Appellate District, Division One.-- July 19, 1938. B. M. Benson, Karl F. Kennedy and Cecil E. Edgar for Appellant. Smith & Delwiche for Respondents. WHITE, J. Motion to dismiss appeal. Plaintiffs brought this ...
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Plaintiff brought this action as administrator of the estate of Sherman Appell, deceased, for the alleged conversion of certain shares of stock in the Hal Webster Co., a corporation. At the close of plaintiff’s case, defendants moved for a nonsuit, which motion was granted. A judgment of nonsuit was thereupon entered and plaintiff appeals therefrom. Plaintiff alleged in substance that Sherman App....
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This is an appeal by plaintiff from a judgment entered in favor of the defendant after an order granting its motion for a nonsuit. Defendant is a corporation organized for religious purposes, and holds title to real property for the benefit of various congregations or branches, designated as “meetings”, of the Friends Church, commonly known as Quakers. One of these congregations or meetings, locat...
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The plaintiffs each sought a writ of mandate in the superior court; the causes were consolidated for hearing; both applications were denied. The two appeals of the plaintiffs are, by stipulation, heard upon the same briefs. The Sanitary District was regularly organized under the Sanitary District Act of 1923. (Act 7105, Deering’s Gen. Laws.) It demanded of the county tax collector that he collect ...
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The jury awarded plaintiff $5,000 against defendants Market Street Railway Company, August Stoltz, its motorman, and Daniel Cassotta, its conductor, for personal injuries, which she claimed to have received because defendants negligently started a street car as she was alighting therefrom. From the judgment entered accordingly, defendants appeal, assigning as error (1) the insufficiency of the evi...
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27 Cal. App. 2d 509 (1938) ZUMA A. CHRONISTER et al., Appellants, v. J. B. A. BRENNAN et al., Respondents. Civ. No. 11811. California Court of Appeals. Second Appellate District, Division Two.-- July 11, 1938. Wm. J. Bryan, Jr., and Albert D. Pearce for Appellants. George L. Greer for Respondents. McCOMB, J. From a judgment in favor of defendants after trial before the court without a jury...
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During or about the year 1917 one Mary L. MacCarthy and one J. H. Kaiser entered into a verbal understanding whereby the two were to jointly buy from the Southern Pacific Land Company the property located in Imperial County, California, known as the North half (N%) of tract 139, Township 13 South, Range 12 East S. B. M. Kaiser appears to have furnished his half of the funds with which the property...
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This is an original action for a writ of mandamus. The undisputed facts out of which the present controversy arose appear to be as follows: D.B. Taliaferro, a resident of Marshall county, died on November 2, 1927. He left a will which was duly admitted to probate in the county court of said county. By the terms of the will he created a trust which will not expire until his youngest child becomes 2...
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The defendant was charged with the crime of rape by force in Seminole county, was tried, convicted and sentenced to serve a term of 15 years in the penitentiary, and has appealed. The first assignment of error is that the court erred in failing to sustain defendant's objection to the introduction of testimony by the state, for the reason that the information did not state a cause of action, chargi...
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This action was brought to foreclose a mechanic's and materialman's lien upon real estate in King county, this state. Service of summons was had upon the nonresident defendants by publication, and, in response thereto, they appeared specially and moved to quash the service. This motion was sustained, because, as it was thought, it was necessary to "attach or sequester" the property upon which the ...
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During the year 1899, Samuel H. Breeze was a bachelor, and was residing on his quarter section of valuable farm land in Whitman county. His young nephew, Lewis A. Wayman, who had been residing in Illinois, joined his uncle in Whitman county during the month of March. Upon his arrival, Wayman took up his residence with his uncle, and worked in and about the farm, as a lad of that age would probably...
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This case has been twice before this court, Hinton v.Carmody, 182 Wash. 123, 45 P.2d 32, and the garnishment case brought by the judgment creditor decided in Hinton v. Carmody,186 Wash. 242, 57 P.2d 1240, 60 P.2d 1108. The facts and issues may be found in those decisions, and will not be repeated here. The only additional facts necessary to recite are that, after several writs of garnishment had b...
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The defendant was charged jointly with Lester A. Rorick and John James O'Donnell with the crime of murder in the first degree on two counts. Rorick pleaded guilty. The defendant and John O'Donnell stood trial. From judgments entered on verdicts of guilty, they appealed to this court. The judgments were reversed and the cause remanded for new trial. State v. O'Donnell,191 Wn. 511, 71 P.2d 571. They...
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Plaintiffs brought this suit on a policy of liability insurance seeking reimbursement on account of payment by them of a judgment which had *Page 479 been obtained against them in a prior action by persons claiming damages resulting from an automobile collision. In the present action, the court, after making its findings and drawing its conclusions, entered judgment adverse to plaintiffs, from wh...
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The plaintiff, Associated Indemnity Corporation, a corporation, sued A. Del Guzzo, The National Bank of Commerce of Seattle, a corporation (hereinafter referred to as the bank or as appellant), Edward Nepple, and many other defendants, for the purpose of establishing plaintiff's liability as surety on a statutory contractor's bond, whereby plaintiff, under date April 12, 1934, underwrote the perfo...
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The appellant and Peter Johnson, her husband, were charged, tried, and convicted of the crime of burglary in the second degree. After the verdict of guilty, motions in arrest of judgment and for a new trial were presented to the court and denied. The trial court then sentenced appellant to imprisonment in the state penitentiary. From the verdict of the jury and the judgment, this appeal is prosecu...
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In the complaint in this case there are two causes of action, separately stated. A demurrer was interposed to each, and was overruled as to the first and sustained as to the second. The trial was to the court without a jury, and resulted in findings of fact from which it was concluded that the plaintiff was *Page 551 entitled to recover on the first cause of action. From the judgment entered in h...
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11 Cal. 2d 501 (1938) RANCHO SANTA MARGARITA (a Corporation), Respondent, v. MARGARET R. VAIL et al., Appellants. L. A. No. 15078. Supreme Court of California. In Bank. July 12, 1938. O'Melveny, Tuller & Myers, Louis W. Myers, William W. Clary, Ward & Ward and John M. Ward for Appellants. Hunsaker, Britt & Cosgrove and Cosgrove & O'Neil for Respondent. THE COURT. Defendants...
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11 Cal.2d 566 (1938) CHARLES McNEIL et al., Respondents, v. MAURICE BLUMENTHAL et al., Appellants. L. A. No. 16665. Supreme Court of California. In Bank. July 19, 1938. R. D. McLaughlin, Walter I. Lyon, Walter T. Casey and Albert Lee Casey for Appellants. Entenza & Gramer and Don L. Gilman for Respondents. THE COURT. This is an action for rescission of a contract to sell oil interests and ...
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These three cases are companion cases to McNeil v. Blumenthal, L. A. No. 16665. (ante, p. 566 [81 Pac. (2d) 567]) this day decided. They are before this court on motion of plaintiffs to dismiss the appeal of defendants from an order of the trial court granting relief pursuant to section 473 of the Code of Civil Procedure, or to affirm the order. The question presented is identical with that determ...
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27 Cal. App. 2d 722 (1938) THE PEOPLE, Respondent, v. FRANK J. MILLER, Appellant. Crim. No. 3123. California Court of Appeals. Second Appellate District, Division One.-- July 25, 1938. Gladys Towles Root for Appellant. U.S. Webb, Attorney-General and John O. Palstine, Deputy Attorney- General, for Respondent. YORK, J. On January 18, 1938, appellant was charged by an information containing ...
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27 Cal. App. 2d 664 (1938) In the Matter of the Estate of FRANCESCO INGHILLERI, Deceased. JOSEPHINE NORCIA, Executrix, etc., Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Executor, etc., Respondent. Civ. No. 6101. California Court of Appeals. Third Appellate District.-- July 21, 1938. Albert E. Sheets for Appellant. Inman & West, Louis Ferrari, I. A. Cereghino and...
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27 Cal. App. 2d 647 (1938) THE PEOPLE, Respondent, v. HENRY A. TUTTLE et al., Appellants. Crim. No. 3120. California Court of Appeals. Second Appellate District, Division Two.-- July 21, 1938. Chotiner & Chotiner for Appellants. U.S. Webb, Attorney-General, and Alberta Belford, Deputy Attorney- General, for Respondent. WOOD, J. Defendants were charged with the crime of violation of sec...
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This is a writ of review to review an award of the Industrial Accident Commission. Viewing the evidence most favorable to respondents, the essential facts are: On October 11, 1937, respondent Emma Kendall was in the employ of Union Manufacturing Company as a seaming machine operator, being paid on a piece-work basis for her services. Prior thereto and in conformity with the provisions of subsectio...
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27 Cal. App. 2d 651 (1938) THE TEXAS COMPANY (a Corporation), Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent. Civ. No. 11863. California Court of Appeals. Second Appellate District, Division Two.-- July 21, 1938. Charles C. Stanley, R. K. Barrows, J. A. Tucker and E. S. Williams for Petitioner. J. H. O'Connor, County Counsel, Clock, McWhinney & Clock, J. E. Pawson, Rober...
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27 Cal. App. 2d 693 (1938) A. G. SALA et al., Respondents, v. SECURITY TITLE INSURANCE AND GUARANTEE COMPANY (a Corporation), Appellant. Civ. No. 11427. California Court of Appeals. Second Appellate District, Division One.-- July 22, 1938. George H. Woodruff, Chapman & Chapman and Ward Chapman for Appellant. Harry C. Mabry and Laurence B. Martin for Respondents. DORAN, J. This is an ap...
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27 Cal.App.2d 725 (1938) THE PEOPLE, Respondent, v. PACIFIC GAS & ELECTRIC COMPANY (a Corporation) et al., Defendants; GEORGE A. CLOUGH et al., Appellants. Civ. No. 5940. California Court of Appeals. Third Appellate District.-- July 25, 1938. George A. Clough, in pro. per., and Pugh & Pugh for Appellants. Clarence W. Morris and Clifford D. Good for Respondent. PULLEN, P. J. This is an acti...
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27 Cal.App.2d 631 (1938) THE PEOPLE, Respondent, v. DR. W. BURLIN HUMPHREY et al., Defendants; LOUIS FEINSTEIN, Appellant. Crim. No. 3101. California Court of Appeals. Second Appellate District, Division One.-- July 20, 1938. L. E. Dadmun for Appellant. U.S. Webb, Attorney-General, and Eugene M. Elson, Deputy Attorney- General, for Respondent. YORK, P. J. The grand jury of Los Angeles Coun...
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27 Cal. App. 2d 655 (1938) THE PEOPLE, Respondent, v. HURSHEL NEAL et al., Defendants; VERLIA BRUNSON, Appellant. Crim. No. 3112. California Court of Appeals. Second Appellate District, Division Two.-- July 21, 1938. Taylor, Kolliner, Bolton & Schwartz for Appellant. U.S. Webb, Attorney-General, Frank Richards, Deputy Attorney-General, Buron Fitts, District Attorney, and A. H. Van Cott, ...
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27 Cal.App.2d 685 (1938) THE PEOPLE, Respondent, v. FRED L. ASAVIS, Appellant. Crim. No. 3128. California Court of Appeals. Second Appellate District, Division One.-- July 22, 1938. Gladys Towles Root for Appellant. U.S. Webb, Attorney-General, and Bayard Rhone, Deputy Attorney-General, for Respondent. WHITE, J. In an information filed by the district attorney of Los Angeles County, the de...
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27 Cal. App. 2d 658 (1938) ADELE DUCEY, Respondent, v. C. A. DAMBACHER, as County Auditor, etc., Appellant. Civ. No. 5884. California Court of Appeals. Third Appellate District.-- July 21, 1938. C. H. Grayson, District Attorney, for Appellant. Rowan Hardin for Respondent. PULLEN, P. J. In this appeal an opinion was filed affirming the judgment, and upon our motion a rehearing was granted i...
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This is an appeal from an order refusing to revoke letters of administration of the estate of Iva Delight Calhoun, deceased, issued to the Bank of America National Trust and Savings Association, and to appoint Easter N. Beekly, the guardian of the person and estate of Sophronia Arminella Cameron, administratrix in its place and stead. We will hereafter refer to the administrator as the “Bank of Am...
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27 Cal. App. 2d 513 (1938) OSCAR BIRKHOFER et al., Respondents, v. THEODORE KRUMM, Appellant. Civ. No. 2133. California Court of Appeals. Fourth Appellate District.-- July 11, 1938. A. V. Falcone, as Amicus Curiae, on Behalf of Appellant. U. F. Lewis and Ernest Clewe for Respondents. HAINES, J., pro tem. This is not the first time that the transactions here involved have been, in some of t...
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27 Cal. App. 2d 733 (1938) MARTHA RATCLIFF, Respondent, v. THE SAN DIEGO BASEBALL CLUB OF THE PACIFIC COAST LEAGUE (a Corporation), Appellant. Civ. No. 2044. California Court of Appeals. Fourth Appellate District.-- July 25, 1938. Wright, Monroe, Thomas & Glenn for Appellant. Eli Levenson and J. J. Brennan for Respondent. BARNARD, P. J. This is an action for damages for injuries suffer...
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27 Cal.App.2d 689 (1938) In the Matter of the Estate of JESSIE CASHION, Deceased. JAMES ANGUS CASHION, Respondent, v. EDWIN L. CARTY, Administrator With the Will Annexed, etc., et al., Appellants. S. C. No. 65. California Court of Appeals. Second Appellate District, Division One.-- July 22, 1938. Charles F. Blackstock for Appellants. Hindman & Davis and E. Eugene Davis for Respondent. YORK,...
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Defendants were charged in an information with violation of section 337a, subdivision 2, of the Penal Code in that they unlawfully kept and occupied a room for the purpose of recording bets upon horse races. They were found guilty by the court and have appealed from the judgments of conviction. The defendants contend that the evidence is insufficient to justify the convictions. A police officer te...
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In an information filed by the district attorney Emil Paluso, the defendant and appellant, was charged with violation of section 337a, subdivision 2, of the Penal Code in that on February 28, 1938, he unlawfully kept and occupied a room for the purpose of recording bets upon horse races. He was found guilty in a trial by the court and prosecutes this appeal from the judgment of conviction. The evi...
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27 Cal. App. 2d 645 (1938) THE PEOPLE, Respondent, v. WILLIAM KAHN, Appellant. Crim. No. 3119. California Court of Appeals. Second Appellate District, Division Two.-- July 21, 1938. Freedman, Christlieb & Alexander for Appellant. U.S. Webb, Attorney-General, and R. S. McLaughlin, Deputy Attorney- General, for Respondent. WOOD, J. Defendant was accused by information of the crime of the vio...
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27 Cal. App. 2d 712 (1938) GEORGE WEISBROD et al., Appellants, v. ELLEN WEISBROD et al., Respondents. Civ. No. 2076. California Court of Appeals. Fourth Appellate District.-- July 22, 1938. Wm. H. Wylie and Ed. P. Sample for Appellants. Sloane & Steiner for Respondents. HAINES, J., pro tem. John M. Weisbrod died a widower on December 21, 1935, leaving surviving him six children, George...
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The only question for decision in this case is whether the Trade Commission of Utah, created by Chapter 19, Laws of Utah 1937, has jurisdiction over the operation of moving picture theatres. Whether it does, depends on whether the operation of moving picture theaters and exhibition of films is "trade or commerce." The Commission, considering the operation of motion picture theatres within the scop...
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This case involves the question of priority between respective owners of notes in a participating mortgage. The case is here on the judgment roll. Defendants Hartley borrowed money from the Ogden State Bank and gave in return five notes in the sums of $1,500, $1,500, $2,000, $2,000, and $6,000 each, and executed one mortgage in the total sum of $13,000 to secure the payment of the series of notes....
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This case comes to the writer on reassignment. The Depositors' Committee of the defunct Provo Commercial Savings Bank appeals from an order approving a compromise offer of certain debtors of the bank. The Bank Commissioner recommended approval of the offer and joined the application for approval filed May 21st, 1936. Orders overruling protestants' (Depositors' Committee) demurrers and approving t...
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This case comes to the writer on reassignment. The Depositors’ Committee of the defunct Provo Commercial & Savings Bank appeals from an order approving a compromise offer of certain debtors of the bank. The Bank Commissioner recommended approval of the offer and joined the application for approval filed May 21st, 1936. Orders overruling protestants’ (Depositors’ Committee) demurrers and approving ...
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Certiorari to review an order of the Industrial Commission denying compensation for injuries in an industrial accident. On January 15, 1935, while plaintiff was at work in his employment as utility foreman for the defendant City of Kaysville, a foreign substance of some sort entered his left eye, injuring the member, followed by medical treatment, ultimate blindness in that eye, and possible ultim...
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This is an original proceeding in this court by plaintiff against Honorable Will Linn, Judge of the District Court of Caddo County, and defendant Cummins and his attorney, for a writ of prohibition directing them to refrain from, acting or assuming jurisdiction in issuance and levy of execution and collection of a judgment rendered against defendant Cummins in the district court of Rogers county. ...
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This is an action by the Western Paving Company against the board of county commissioners of Lincoln county to recover for gravel furnished for construction of certain highways in Lincoln county. From a judgment on opening statement of counsel, plaintiff brings this appeal. The parties will be referred to as they appeared below. In 1927, the citizens of Lincoln county authorized the issuance of $1...
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The county court of Harmon county, Okla., in the matter of a final accounting by L.F. Martin, as guardian of the estate of Glenn Brewer, adjudged Martin to be indebted to his ward in the sum of $687.85. Brewer, who had previously attained legal majority, appealed from the adjudicatin to the district court of Harmon county. The district court, after bearing had, rendered a judgment against the guar...
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Application was filed with the Corporation Commission by the Southwest Greyhound Lines Company for removal of a restriction in its certificate of convenience and necessity No. 818. Protests were filed by the Northeast Oklahoma Railway Company, the Missouri, Kansas Oklahoma Coach Lines, Inc., and the Southern Kansas Stage Lines Company. After a hearing, the commission granted the application, from...
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This is an appeal by the Missouri, Kansas Oklahoma Coach Lines, Inc., from certain orders of the Corporation Commission of the state of Oklahoma, whereby appellant's application for a permit to operate an intrastate motor carrier over a certain route was denied, and the application of the appellee Fred O. Turner for a permit to operate over the same route was granted. The appellant and appellee w...
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This is an action for damages for personal injuries. The plaintiff in the court below recovered a verdict and judgment for the sum of $3,500, from which the defendants appealed. The parties are referred to herein in the order of their appearance in the trial court. The injuries complained of were sustained in an acident upon a public highway, which is alleged to have happened as follows: The car i...
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Petitioner has made application to this court for a writ of habeas corpus, alleging that he is unlawfully restrained of his liberty by R. B. Conner, sheriff of Osage county. That an information has been filed against him in said county charging him with the crime of murder, and that he has been held without bail, and that he has heretofore made application to the district court of Osage county for...
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This is an appeal from a judgment of the district court of Teton county in an action by the Rocky Mountain Elevator Company against Ed Bammel, W.W. Mitzel and T.J. Cheetham and others, involving a certain quantity of grain stored in the *Page 409 elevator of plaintiff, and claimed, in whole or in part, by each of the defendants. The essential and pertinent facts involved are substantially as foll...
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This is an original proceeding by a taxpayer seeking an injunction against the State Administrator of Public Welfare and the members of the Public Welfare Board in their official capacities. By section IV of Part VIII of Chapter 82, Laws of 1937, an appropriation of $2,001,000 was made for administrative costs and other purposes of the Chapter for the year beginning March 2, 1937, and ending March...
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delivered the opinion of the court. Notice of appeal was served and filed in this action June 25, 1937. August 16, 1937, an additional sixty days’ time was granted to defendants in which to file their transcript. Such additional time gave defendants until October 21, 1937, to file the transcript. April 22, 1938, the plaintiff filed a motion, supported by affidavits, to dismiss the appeal, and o...
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The pretended trade or exchange of the sheep in question here, is, as to the interest and title of the appellant minors, utterly void and without warrant in law and the dealings thereafter had by the respondents with the animals, in denial of the appellants' title and demand, amount to a conversion as to them. While we may accept without argument the statement that the general guardian of a minor,...
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Claimant O'Neil presented his claim to the Industrial Accident Board for compensation for injuries alleged to have been sustained on December 15, 1934, while employed by the Federal Emergency Relief Administration (F.E.R.A.) in Billings, which at the time was operating under Plan 3 of the Workmen's Compensation Act. After hearing before the board his claim was denied. He applied for and was grante...
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This is an application for a writ of supervisory control to review the action of the District Court of the Third Judicial District in contempt proceedings arising out of a divorce action. The petition contains the following allegations: That on the 8th day of June, 1933, plaintiff, relator herein, instituted an action for divorce in the Fourth Judicial District against Margaret B. Floch, defendant...
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On April 15, 1938, Barbara Paganini obtained a decree of divorce from her husband, Valentine Paganini, and an award of alimony in the sum of $1,000, payable within sixty days after entry of the decree, and $50 per month, payable the first of each and every month. The decree recited that Valentine Paganini is the owner of 320 acres of land in Musselshell county; a lot with three small houses or sha...
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Pursuant to a writ of review isued by this court, there were certified by the respondents all the records in the case ofPeoples Church of the Nazarene of Missoula, Montana, v. A.T.Nelson, on file in the district court of Missoula county. The original controversy involves a right to a contract of purchase of certain real estate located in the city of Missoula. In that action the plaintiff is design...
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This is an appeal from a judgment entered on an implied warranty. Twelve farmers bought listers manufactured by appellant for cash at $190 per machine prior to Mch. 4, 1935. The first offer to return the listers was made during the trial Feb. 10, 1937. They spent $135.85 for repairs and labor and assigned their claims to plaintiff in whose favor judgment was entered for $2,415.85 against appellant...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 452 The appellant sued the appellees for an interest in, and to impress an equitable lien against, certain real estate situated in Lincoln County, New Mexico. The appellant will be styled plaintiff; the defendant Keck, defendant, and the other defendants styl...
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The opinion of the court was delivered by Plaintiff, a resident taxpayer of the city of Topeka, proceeding under G. S. 1935, 13-1403 and 60-1121, brought this suit to enjoin the governing body of the city, hereinafter referred to as *367the city, from purchasing certain described real property for the site of a public building for the use of the city, and from entering into any contract for the co...
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Defendant Joseph J. Lavin, a practicing attorney, residing at Spokane, Washington, not admitted to practice nor licensed to practice law within the state of Idaho, was charged in this proceeding by a committee of the Idaho State Bar with contempt of the courts of this state in that he was employed as an attorney by Alice Simpson and R.L. Bowen of Kellogg, Idaho, to prosecute their claims in the co...
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This is an industrial accident case coming to this court on a direct appeal from an award made by the Industrial Accident Board in favor of respondent Taylor, claimant and employee, against appellant, employer and surety. *Page 185 We have, with great care, examined the entire record and find the facts to be substantially as set out in the board's findings of fact, which are in part as follows: "...
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This action was commenced by respondent against appellant for a decree of divorce and custody of their two minor children, on the grounds of cruelty. The court found in favor of respondent on all the issues, except that he found the evidence insufficient "to sustain the allegation of the complaint that for more than six weeks immediately preceding the commencement of the action, plaintiff was a re...
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This is an action brought by respondent to quiet title to certain mining claims in what is known as the Deer Creek Mining District, located in Nez Perce and Lewis counties. Both parties concede that their rights are subject to the paramount title of the United States. It may be well at the outset to call attention to the fact that respondent Allen and appellant Laudahn are the only parties before ...
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The appeal in this case brings before us for consideration the will of Johan Johannesson, the sixth paragraph of which is as follows: "Sixth: – All of the rest, residue and remainder of my property, whether the same be real, personal or mixed and wheresoever the same may be situated, I will, devise and bequeath to O. Bohman of Troy, Idaho, as trustee and in trust, however, for the following purpos...
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Howard C. Chambers, claimant, past 62 years of age, is a farmer, and resided on, and owned, a 90-acre farm in Missouri. He had four children living with him (the wife and mother being deceased) 17, 18, 20, and 22 years of age, respectively. The father being rather advanced in years and in poor health, Andrew H. Chambers, the oldest son, performed all the farm work. In February, 1936, Andrew went t...
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INVOLVED here, upon its petition for a declaratory judgment, is the determination of the tax liability of the Colorado Fuel and Iron Corporation under the Colorado retail sales tax act (S. L. '35, c. 189), and use tax act (S. L. '36, Second Extraordinary Session, c. 11): (1) Upon hundreds of specific items of tangible personal property said to be necessarily purchased and used by it in its manufac...
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IN the Denver police court and upon appeal therefrom in the county court of the City and County of Denver, the plaintiff in error, to whom we shall refer as the defendant, was found guilty of the violation of ordinance 52, series 1933 of the city of Denver, section 1 of which is as follows: "No person, firm or corporation, whether owner, proprietor, agent or employee, shall keep open, operate or a...
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THE defendant in error, as plaintiff, brought an action against the plaintiff in error, a Colorado corporation, as defendant, in the district court of the City and County of Denver to collect certain use taxes alleged to be unpaid and owing by defendant by virtue of article 6, c. 144, '35 C. S. A. (sections 37 to 46 inclusive.) Judgment was for plaintiff. Defendant by writ of error seeks a reversa...
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THE parties appear here in the same order as in the district court and except where designated by name or as the receivers, reference will be made to them as petitioner and defendants. Petitioner, Emma M. Logsdon, filed her petition in the *Page 561 district court of the City and County of Denver, for permission to sue the receivers of the Star Loan Company, a corporation, under a receivership pe...
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delivered the opinion of the court. There comes before us for review a final order of the Denver district court, by which, in an action brought for the purpose, it undertook to subrog’ate the defendant in error, Mrs. Lila O’Conner, to the rig’hts of the plaintiff in error Max Snyder as a testamentary beneficiary, and to prescribe the future action of the Denver county court and the future actio...
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ACTION to recover certain monthly payments for disability under the terms of an insurance policy. Judgment entered in a sum not questioned as to amount. June 8, 1930, the company issued to plaintiff in action its policy of insurance, whereby it agreed to pay him the stipulated monthly amounts in case he should become permanently totally disabled. In February, 1932, plaintiff alleges he suffered an...
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This case comes to the court upon stipulated facts. From the stipulation, it appears, in substance, that, in 1929, the town of Springdale, a Washington municipality of the fourth class, by ordinance, granted to J.P. Lanham, his heirs, executors, administrators, and assigns, the right to carry on a general *Page 63 water service business, and to that end to lay, maintain, and operate, in and under...
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ON PETITION FOR REHEARING. The original opinion in this case, affirming the judgment of the superior court, was filed August 16, 1937, and appears in191 Wash. 180, 71 P.2d 6. Thereafter, appellants filed a petition for rehearing, which was granted. On rehearing of the cause, the judgment of the superior court was reversed, as appears by an opinion of this court filed February 3,...
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On May 14, 1937, William Kellum, just after alighting from a school bus, came in violent contact with an automobile driven by J.A. Rounds. At that time, William Kellum was fourteen years of age. He and his father brought suit against Rounds and wife, the boy seeking recovery for his injuries, the father for expenses incurred on behalf of his son. They received a verdict for $2,535.50, upon which, ...
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BLAKE, J., dissents. This appeal is from a decree of the Thurston county superior court permanently enjoining defendant tax commissioners from collecting from plaintiff a tax for the privilege of using within this state personal property purchased without this state and brought into this state and used herein indiscriminately and in common for the conduct of plaintiff's intermingled intrastate and...
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The defendant was charged in four separate informations with the crime of selling whiskey *Page 516 by the drink, in violation of Rem. Rev. Stat. (Sup.), § 7306-92, subd. 2 [P.C. § 3180-102] (Laws of 1933, Ex. Ses., chapter 62, § 92, subd. 2, p. 220). The cases were tried together, and the defendant was found guilty on each charge. From judgments and sentences entered on the verdicts, he appeals....
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This action was brought to recover damages for wrongful death. In the complaint, there were two causes of action stated; one was the loss sustained by the widow of the deceased, and the other was for his pain and suffering. The cause was tried to a court and a jury, and resulted in a verdict of nine thousand dollars upon the first cause of action and one thousand dollars upon the second. The defen...
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This cause comes to this court upon a transcript of such pleadings and files in the case as *Page 531 the attorneys for the appellants directed the clerk of the lower court to transmit. In the absence of a statement of facts, our information concerning the case must be wholly derived from the transcript. It appears from the pleadings that, on November 27, 1937, the respondents, as plaintiffs belo...
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This action was brought by plaintiffs to recover damages for personal injuries sustained by Viola Parker while riding as a guest in an automobile being driven by the defendant George F. Taylor. Viola Parker will hereinafter be referred to as the plaintiff. The action is against husband and wife, and the husband will be hereinafter referred to as though he were the only defendant. Plaintiff, who, w...
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Plaintiff, a resident and taxpayer of Pacific county, by this action challenged the validity of the formation of public utility district No. 2 of Pacific county, on the ground that the county auditor, as clerk of the election board, failed to post notices of the special election for formation of the district and election of three utility district commissioners in each polling place in the county a...
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This action was instituted to establish a resulting trust in certain Seattle real property, title *Page 34 to which was taken in the name of the sister of the deceased, in favor of the estate of Marion A. Zioncheck, deceased, on the theory that the property was purchased with money belonging to the deceased. The theory of the sister's defense was that her brother Marion, desirous of purchasing th...
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This is an appeal from an order of the superior court sustaining objections to findings presented by appellant, fixing a tax upon the estate of Christian J. Bowers, deceased. The facts were stipulated as follows: "NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto that the above-entitled estate has a total valuation of $60,411.00 *Page 80 exclusive of a certain pr...
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On April 25, 1934, a Ford coupe operated by Levi Mitchell, traveling in a northerly direction on Fourth avenue (a north and south highway), collided at the intersection of that avenue and Ash street (an east and west arterial highway) in the city of Kelso with defendants' truck, which was proceeding westward on Ash street. In the middle of Fourth avenue, twenty-eight feet south of the south curb l...
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Alfred Thomas, a truck driver employed by the defendant, was killed at Springdale, Washington, June 7, 1935, while operating defendant's freight truck with attached trailer from Spokane to Colville. In attempting to round a sharp right-hand curve in the highway at the south edge of the town of Springdale, about forty miles north of Spokane, he failed to negotiate the curve. His truck ran off the l...
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This action was brought to quiet title to certain shore lands on Silver lake, in Spokane county, and to recover, on the ground of mistake, the amount paid to the state for the purchase of the shore lands in question. Trial of the cause to the court resulted in findings of fact, summarized as follows, against which the evidence does not preponderate: Plaintiffs entered into a contract with the stat...
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This action was brought by the plaintiff below to recover death benefits alleged to be due under the constitutions of the defendants, voluntary *Page 596 associations of which her husband, Otto Mix, had been a member. A trial of the cause before the court, sitting without a jury, resulted in findings and a judgment favorable to the defendants. The plaintiff appeals. Otto Mix had been a member of ...
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The purpose of this action was to quiet title to certain second class tide lands that plaintiffs claim to own in Port Susan. *Page 55 Plaintiffs allege that, by deed from the state dated August 8, 1912, their predecessor in interest acquired certain second class tide lands situated in front of, adjacent to, and abutting upon those portions of the United States government meander line described as...
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STEINERT, C.J., and ROBINSON, J., dissent. Arthur Ledford was charged by information with the crime of perjury in the second degree, the gist of the charge being that the accused, in King county, in the course of the taking of his deposition in a certain cause then pending before the superior court for that county, appeared before a notary public and, having been regularly sworn according to law, ...
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Respondent herein filed his petition in the superior court seeking (1) to have the purported last will and testament of his deceased wife declared null and void, and (2) to enforce specifically an alleged oral contract between the spouses wherein, according to the allegations of the petition, they agreed to pool their separate properties and to make mutual wills whereby the survivor should take th...
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This action was instituted to restrain the sheriff of King county from selling upon execution certain real property standing in the name of James Choukas. In his complaint, plaintiff alleged that he owned the real estate in question, namely, lot 6, block 103, Terry's Second Addition to Seattle, and the sheriff was about to sell it to satisfy a judgment obtained by Carras *Page 660 Brothers agains...
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This action is sought to be maintained under the declaratory judgment law (chapter 113, Laws of 1935, p. 305, as amended by chapter 14, Laws of 1937, p. 39; Rem. Rev. Stat. (Sup.), §§ 784-1 to 784-17 [P.C. §§ 8108-21 to 8108-37].) The plaintiff was the state of Washington, by and through the director of the department of conservation and development. The defendants were an irrigation district and ...
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On August 28, 1930, H. J. Davidson, hereinafter referred to as defendant or respondent, removed the tonsils of Sylvia Daniels, who was then thirteen years of age. On August 25, 1933, almost three years thereafter, this action was brought by her parents and guardian ad litem to recover ten thousand dollars, on grounds of negligence alleged as follows: “That the said negligence and carelessness...
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In the amended information upon which the defendant was tried, there are four counts, separarately stated. In each, the defendant was charged with "negligent homicide by means of a motor vehicle," as that crime is defined in § 120 of chapter 189 of the *Page 38 Laws of 1937, p. 911 (Rem. Rev. Stat., Vol. 7A, § 6360-120 [P.C. § 2696-878]). At the conclusion of the evidence offered upon the trial, ...
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To the second amended complaint in this case, which will be referred to as the complaint, a demurrer was interposed and sustained. The plaintiffs refused to plead further and elected to stand upon the complaint. From the judgment entered dismissing the action, they appeal. *Page 622 The facts, as stated in the complaint, disregarding the conclusions of fact and law, may be summarized as follows: ...
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This action was brought by respondent in December, 1936, to cancel a real estate contract. At the time of the trial, eleven thousand dollars was due on the contract, and respondents offered during the trial to deed the property referred to in the contract to appellants upon payment of eight thousand dollars and the taxes. The trial court held that, unless eight thousand dollars and the outstanding...
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BLAKE and MAIN, JJ., dissent. This is an application for a writ of mandate, directed to the secretary of state, requiring her to accept and file relator's declaration of candidacy for the office of judge of the supreme court. The facts are undisputed. The relator is a senator of the state of Washington and, as such, was a member of the legislature during the 1937 session. His legislative term will...
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Relator filed in this court his application for a writ of mandate, directed to respondent as auditor of the state of Washington, requiring respondent to pay a voucher in the sum of two hundred dollars, drawn by relator, covering relator's bill for services rendered pursuant to a resolution of the state capitol committee (hereinafter referred to as the committee), relator's services consisting of t...
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This action grows out of an automobile collision which occurred in the city of Longview, at the intersection of Oregon way and Columbia way. Oregon way extends north and south, and is paved to a width of twenty feet. Columbia way, extending from the east, terminates in Oregon way. To the west of the intersection is a paved roadway, extending southwesterly to the north end of the Longview Columbia ...
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Plaintiff in error, Cherry B. Johnson, was convicted in the county court of Seminole county upon information charging a violation of section 10329, St. 1931 (47 Okla. St. Ann. § 104), providing in substance that whenever a motor vehicle strikes any person, or collides with any vehicle containing a person, the driver of such motor vehicle shall stop, and shall give to the person struck or to the oc...
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The defendant was charged with the crime of burglary in Grant county, was tried, convicted of burglary in the second degree, and sentenced to serve a term of four years in the penitentiary, and has appealed. Defendant's first assignment of error is that the verdict of the jury is contrary to law and the evidence, and the court erred in overruling his demurrer to the evidence offered by the state. ...
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THESE parties are hereinafter referred to as Flowers and the conservator respectively. [1, 2] In the county court Flowers moved to discharge the conservator. The motion was denied. Flowers appealed to the district court. The conservator moved to dismiss because the order appealed from was not final. The district court so held and entered judgment accordingly. To review that judgment this writ is p...
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THE people of the state of Colorado on the relation of Swayze, Wells and Clark, members of the state board of hail insurance, instituted this action against defendant Bixby, for usurpation of the office of commissioner of the state board of hail insurance, to prevent his performance of the duties relative to that office, and to oust him therefrom. On December 1, 1937, defendant appeared at the off...
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This is an action for mandamus to require the defendant, secretary of state, to permit the relator to withdraw as a candidate for nomination for the office of secretary of state in the republican primary election to be held on August 16, next. The relator, on June 21, 1938, in conformity with sections 36-603 and 36-605, R.S. 1931, filed in the office of defendant his petition requesting that his n...
Views: 3
This is a proceeding in error to review a judgment entered upon the verdict of a jury in a cause wherein C.P. Arbogast and Laura B. Arbogast were plaintiffs and Montgomery Ward and Co., a corporation, and F.W. Redman were defendants in the district court of Natrona County. The verdict aforesaid was rendered against the defendant corporation only and it alone has prosecuted this proceeding for revi...
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11 Cal.2d 576 (1938) BELVA BELLMAN, a Minor, etc., Respondent, v. SAN FRANCISCO HIGH SCHOOL DISTRICT, Appellant. S. F. No. 15850. Supreme Court of California. In Bank. July 26, 1938. John J. O'Toole, City Attorney, Walter A. Dold, Chief Deputy City Attorney, and Irving G. Breyer for Appellant. Everett W. Mattoon, County Counsel (Los Angeles), J. H. O'Connor, County Counsel (Los Angeles), and...
Views: 24
11 Cal. 2d 593 (1938) JOE MONDINE, Respondent, v. JEAN P. SARLIN, Appellant. L. A. No. 16606. Supreme Court of California. In Bank. July 27, 1938. Joseph Scott, J. Edward Keating, Robert F. Shippee and J. Howard Ziemann, for Appellant. William M. Rains, E. D. Reiter, Ellis D. Reiter, Walter S. Barrette, Francis M. Reiter and Albert L. Denney for Respondent. EDMONDS, J. By the verdict of a ...
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11 Cal. 2d 601 (1938) FRED N. COATS, Respondent, v. GENERAL MOTORS CORPORATION (a Corporation), Appellant. S. F. No. 15838. Supreme Court of California. In Bank. July 27, 1938. Fitzgerald, Abbott & Beardsley for Appellant. Pillsbury, Madison & Sutro, Donahue, Hynes & Hamlin, Alfred Sutro, Eugene M. Prince, Eugene D. Bennett and O. D. Hamlin, Jr., for Respondent. *603 SHENK, J. ...
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11 Cal. 2d 570 (1938) CLEYON EARL PALMANTEER, Respondent, v. IRENE PALMANTEER, Appellant. L. A. No. 16545. Supreme Court of California. In Bank. July 25, 1938. Frank E. Carleton for Appellant. O. E. Farnham and Marshall & Farnham for Respondent. WASTE, C.J. This is an appeal by defendant from an interlocutory decree in favor of plaintiff in an action for divorce on the ground of extrem...
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11 Cal. 2d 571 (1938) In the Matter of the Application of EDNA ELLIS for a Writ of Habeas Corpus. Crim. No. 4157. Supreme Court of California. In Bank. July 26, 1938. S. S. Hahn, W. O. Graf and S. Rippey for Petitioner. Ray L. Chesebro, City Attorney, Newton J. Kendall, Assistant City Attorney, and John L. Bland and George William Adams, Deputies City Attorney, for Respondent. SHENK, J. Th...
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11 Cal. 2d 568 (1938) LOUIS FERNANDEZ, Respondent, v. ROSE FERNANDEZ, Appellant. L. A. No. 16705. Supreme Court of California. In Bank. July 25, 1938. Morris Lavine for Appellant. Fred A. Shaeffer for Respondent. WASTE, C.J. Plaintiff brought this action for divorce in the Superior Court of Santa Barbara County. Defendant filed a demurrer to the complaint with a supporting affidavit wherei...
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The pertinent facts herein appear to be that following a personal injury which theretofore she had sustained in an accident, the defendant Mrs. Anna Kinsler, employed the defendant Eversole as an attorney at law to bring an action for the purpose of recovering a judgment against the person who was asserted to have been negligent in having-caused said accident to occur. By the terms of the said con...
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Upon further consideration of this case on rehearing we adopt the former opinion as modified: “This action was brought against the defendant Lampton, as county clerk of Los Angeles County, and the sureties on his official bond, to recover certain money deposited with the said clerk and embezzled by his chief deputy. “In 1930 a criminal trial was in progress in Los Angeles County, in which two pers...
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Pursuant to the allegations of the complaint herein, judgment was entered for the plaintiff decreeing foreclosure of a trust deed and sale of the property covered thereby, and the entry of a deficiency judgment in a sum equal to the difference between the amount of the indebtedness and the amount procured at the commissioner’s sale of the property. The defendants Hart appeal from that portion o...
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This is a petition to review an award of the Industrial Accident Commission. On May 25, 1936, L. E. Sherbert was operating a restaurant under the fictitious name of “Dixie Club Restaurant”. J. J. Packer was employed as dishwasher. On that date a policy of workmen’s compensation insurance was issued by petitioner, National Automobile Insurance Company, in the name of “L. E. Sherbert, an individual,...
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This is a petition to review an award of the Industrial Accident Commission. The employee, Lome E. Lackey, was a taxi driver employed in San Bernardino. On September 18, 1936, he sustained a compensable injury and filed a claim with the respondent commission. After hearing, the commission found that his employers were Frank Parias and Leslie Mohr, and that petitioner, National Automobile Insurance...
Views: 9
11 Cal.2d 682 (1938) A. A. BROCK, as Director of Agriculture, etc., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. S. F. No. 15994. Supreme Court of California. In Bank. July 28, 1938. U.S. Webb, Attorney-General, Walter L. Bowers, Deputy Attorney-General, for Applicant. Lewis D. Collings, Edward M. Selby and Cupp & Cupp for Respondents. CURTIS, J. Petitioner ...
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This proceeding to prohibit the Superior Court of the County of Los Angeles, and the judge thereof, *782from taking any action in an injunction suit brought against the director of agriculture, except to dissolve the temporary injunction issued in said action, is in all respects, except as to the names of the parties plaintiff in said injunction suit, like action S. F. No. 15994 this day decided a...
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Application of Joseph P. Lacey for readmission to practice law in this state after his disbarment by this court on the ground of his conviction of a felony involving moral turpitude. The application for reinstatement is based upon the ground and claim that the applicant since his disbarment has rehabilitated himself and now possesses the necessary moral qualifications and mental attainments to ent...
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This case was heard and decided by the District Court of Appeal, First Appellate District, Division One. Thereafter a hearing was granted by this court, and we now adopt portions of the opinion of Mr. Presiding Justice Tyler, with certain additions, as the opinion of this court: “Appellant was originally charged with a violation of section 288 of the Penal Code, relating to crimes against children...
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11 Cal. 2d 621 (1938) TITLE GUARANTEE AND TRUST COMPANY (a Corporation), Respondent, v. CHARLES E. MONSON et al., Appellants. S. F. No. 15735. Supreme Court of California. In Bank. July 28, 1938. Sven H. Svenson for Appellants. Lillick, Olson, Levy & Geary and Hansen & Sweeney for Respondent. HOUSER, J. As a foundation for the instant action, the record herein discloses the existen...
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11 Cal. 2d 724 (1938) CHARLES MUDRICK, a Minor, etc., Respondent, v. MARKET STREET RAILWAY COMPANY (a Corporation) et al., Appellants. S. F. No. 15995. Supreme Court of California. In Bank. August 1, 1938. Wm. M. Abbott, Cyril Appel and Ivores R. Dains for Appellants. Donahue, Richards & Hamlin, as Amici Curiae, on Behalf of Appellants. Vincent W. Hallinan, Charles H. Fish and William F...
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11 Cal. 2d 707 (1938) FLORENCE L. TEN WINKEL et al., Appellants, v. ANGLO CALIFORNIA SECURITIES COMPANY (a Corporation), Respondent. S. F. No. 15774. Supreme Court of California. In Bank. July 29, 1938. Tobias J. Bricca for Appellants. Young, Hudson & Rabinowitz for Respondent. THE COURT. This is a suit to quiet title by plaintiff, individually, and as executrix of the last will of her dec...
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11 Cal. 2d 751 (1938) In the Matter of the Application of MYRA CRITCHLOW for a Writ of Habeas Corpus. Crim. No. 4164. Supreme Court of California. In Bank. August 9, 1938. Freitas, Duffy & Keating for Petitioner. A. E. Bagshaw, District Attorney, for Respondent. SHENK, J. This proceeding in habeas corpus presents the question of the scope of immunity from prosecution afforded by sectio...
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The plaintiff filed for probate a will signed by one Emma IT. Wilson, dated May 17, 1933, and naming him as principal beneficiary and as executor. Shortly thereafter the defendant filed for probate another will, dated October 24, 1933, naming her as principal beneficiary and as executrix. The plaintiff filed objections to the probate of that will upon the ground, among others, that it appeared tha...
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Plaintiff took an appeal pursuant to the provisions of section 953a of the Code of Civil Procedure from an order granting defendant’s motion for a change of venue, and in furtherance of the appeal and in conformity with statutory requirements requested the preparation of a transcript, which in due course was filed in this court. Thereupon plaintiff served and filed its opening brief, which was fol...
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28 Cal.App.2d 18 (1938) W. T. DOYLE et al., Respondents, v. RICE RANCH OIL COMPANY (a Corporation), Appellant. Civ. No. 11477. California Court of Appeals. Second Appellate District, Division One. July 29, 1938. Richard J. O. Culver and Felix H. McGinnis for Appellant. C. Douglas Smith and Fred A. Shaeffer for Respondents. *19 Doran, J. This is an appeal from an order vacating a default ju...
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28 Cal. App. 2d 106 (1938) In the Matter of the Estate of JOSEPH C. MALLON, Deceased. MARY A. MALLON, Appellant, v. MARY KNOLL MISSIONARY SOCIETY et al., Respondents. Civ. No. 2081. California Court of Appeals. Fourth Appellate District. August 10, 1938. Gray, Cary, Ames & Driscoll for Appellant. Marcus L. Roberts for Respondents. *108 Barnard, P. J. This is an appeal from an order con...
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27 Cal. App. 2d 755 (1938) H. A. HOWARD, Appellant, v. EDWIN O. CHOW et al., Respondents. Civ. No. 11809. California Court of Appeals. Second Appellate District, Division Two.-- July 26, 1938. Daniel A. Knapp for Appellant. Henry Haves for Respondents. McCOMB, J. From a judgment in favor of defendants after trial before the court without a jury in an action to recover a sum alleged to be d...
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27 Cal. App. 2d 750 (1938) ELEANOR H. SMITH, a Minor, etc., et al., Appellants, v. JOHN C. AGGOLA et al., Respondents. Civ. No. 11841. California Court of Appeals. Second Appellate District, Division Two.-- July 26, 1938. Daniel A. Knapp for Appellants. Kenneth J. Murphy for Respondents. CRAIL, P. J. This case arises out of another automobile collision and is an appeal by the plaintiffs fr...
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Decedent, Ida M. Beaty, died on February 23, 1936, leaving an holographic instrument as follows: “481—E. 42nd St. Los Angeles Cal. Nov 11th 1934. “Dear Brother— I was sick all night. My stomach (Indigestion) If I should pass out send for Stella and family to come out and keep house for you. Keep the Home and all of you live here do not give away my things that I have had so long. There is money in...
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28 Cal. App. 2d 50 (1938) THE PEOPLE, Respondent, v. L. P. LORRAINE, Appellant. Crim. No. 1635. California Court of Appeals. Third Appellate District. August 5, 1938. Robert W. Huston and Horace E. Frye for Appellant. U.S. Webb, Attorney-General, and Gordon S. Hughes, Deputy Attorney-General, for Respondent. Thompson, J. The defendant was convicted of the crime of abortion under the provis...
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27 Cal. App. 2d 668 (1938) MARTIN DEL GIORGIO et al., Appellants, v. MARY L. POWERS, Respondent. Civ. No. 2074. California Court of Appeals. Fourth Appellate District.-- July 21, 1938. Sloane & Steiner for Appellants. M. W. Conkling and Harry W. Horton for Respondent. HAINES, J., pro tem. This is an action brought by plaintiffs and appellants, Martin Del Giorgio and V. J. Russo, agains...
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27 Cal.App.2d 739 (1938) A. BERTOZZI, Appellant, v. JOHN SWISHER, Respondent. Civ. No. 10475. California Court of Appeals. First Appellate District, Division One.-- July 26, 1938. R. A. Rapsey and John E. Manders for Appellant. F. E. Hoffman for Respondent. KNIGHT, J. A race horse belonging to defendant was attached by plaintiff in an action to collect an alleged indebtedness of $1841.20; ...
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28 Cal. App. 2d 31 (1938) THE PEOPLE, Respondent, v. BYRON LEE FITCH, Appellant. Crim. No. 1632. California Court of Appeals. Third Appellate District. July 30, 1938. Hardin Barry for Appellant. U.S. Webb, Attorney-General, and Gordon S. Hughes, Deputy Attorney-Genaral, for Respondent. Thompson, J. The appellant shot and killed Earl C. Smith at Tule Lake in Modoc County, July 21, 1937. He ...
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27 Cal. App. 2d 748 (1938) FLOSSIE J. FRYE et al., Respondents, v. PACIFIC FREIGHT LINES (a Corporation), et al., Appellants. Civ. No. 11459. California Court of Appeals. Second Appellate District, Division One.-- July 26, 1938. Chase, Barnes & Chase, Laurence A. Peters and Thomas R. Suttner for Appellants. W. I. Gilbert and W. I. Gilbert, Jr., for Respondents. *749 DORAN, J. This is a...
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28 Cal. App. 2d 8 (1938) In the Matter of the Estate of WALTER V. PIERCE, Deceased. L. B. PIERCE et al., Appellants, v. H. A. PIERCE et al., Respondents. Civ. No. 6098. California Court of Appeals. Third Appellate District. July 28, 1938. Johnson & Curtright for Appellants. Albert L. Wagner, R. G. Lenske, Butler, Van Dyke & Harris, Henry & Bedeau and E. G. Funke for Respondents. ...
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27 Cal. App. 2d 761 (1938) MYRTLE BECKER et al., Respondents, v. GLENN H. MUNKELT et al., Appellants. Civ. No. 1990. California Court of Appeals. Fourth Appellate District. July 26, 1938. Glenn H. Munkelt, in pro. per., and Hamilton, Lindley & Higgins for Appellants. Harry W. Horton for Respondents. BARNARD, P. J. The defendants have appealed from an order directing the payment to the ...
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This is an appeal from a judgment for damages in another automobile collision case. The first contention of the plaintiff (appellant) is that the deliberate misconduct of defendant’s counsel prevented plaintiff from having a fair trial in the following respects: Cross-examination : “Q. (By Mr. Parker) Now, did you [Murchison] as their attorney—you knew did you not that they paid Mrs. Engelbrecht ...
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28 Cal. App. 2d 1 (1938) THE PEOPLE, Respondent, v. LEO EKSTRAND, Jr., Appellant. Crim. No. 3111. California Court of Appeals. Second Appellate District, Division One. July 28, 1938. Fred G. Sutherland and William W. Larsen for Appellant. U.S. Webb, Attorney-General, and Alberta Belford, Deputy Attorney-General, for Respondent. White, J. In an information filed by the district attorney, de...
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This is an appeal from a judgment quieting plaintiff’s title to certain real property. The complaint is in the usual form, paragraphs IV and V thereof alleging ownership and right of possession in the plaintiff and the invalidity of any claim of interest asserted by the defendant. The answer makes no general denial of these allegations but with respect thereto “Denies the allegations of paragraphs...
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28 Cal. App. 2d 112 (1938) DONNER FINANCE COMPANY (a Copartnership) et al., Respondents, v. THE MUNICIPAL COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Appellants. Civ. No. 10537. California Court of Appeals. First Appellate District, Division One. August 11, 1938. J. A. Seaman and Morris M. Grupp for Appellants. Leon Samuels, Dreher & McClellan and Edgar C. Levey for Respondents...
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28 Cal. App. 2d 14 (1938) A. B. BIAS, Respondent, v. Ohio Farmers Indemnity Co. (a Corporation), Appellant. Civ. No. 10487. California Court of Appeals. First Appellate District, Division One. July 29, 1938. Leslie C. Gillen and P. R. McEnerney for Appellant. Harry J. Bias and W. A. Deans for Respondent. Knight, J. A judgment for damages in the sum of $1250 was obtained by Florence Wilson ...
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This is an appeal from a conviction of the crime of violation of section 337a, subdivision 2, of the Penal Code, a felony, and from the court’s order denying a new trial. The contention of the defendant is that one who is found guilty of conducting a pari-mutuel method of wagering and not a banking or book-making game outside the enclosure where the racing takes place cannot be convicted of the vi...
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On July 9, 1938, there was filed with the clerk of this court a transcript of the record in the above entitled cause containing a bill of exceptions. The bill of exceptions shows that during the trial of said cause on the 2nd day of May, 1938, when the court announced that judgment would be for the defendant, the plaintiff, after taking exceptions to the rulings and decisions of the court, announc...
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Appellant seeks to have a judgment in favor of Allen Rollie, an undertaker, for ambulance and embalming services set aside. These services were rendered by appellee upon the request of appellant's employee, foreman of the carpenter work in connection with the drilling of oil wells where deceased was employed as a carpenter. As a result of the death of appellant's employee a judgment was entered in...
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The court erred in overruling defendant's objection to the introduction of the ledger sheets of the respective *Page 363 corporation creditors upon the testimony alone of the manager, who did not keep the books. It was admitted that the maker of the book entries continued in employment and was available as a witness. 22 C.J., secs. 1036, 1072, pp. 865, 883. The court erred in overruling defendant...
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We contend that inasmuch as this is an action primarily for the wife's support, which has never been reduced to judgment during her life time, the same abates upon her death and is not such a cause of action which would revert or continue for the benefit of her estate. Romaine v. Chauncey (N.Y.), 29 N.E. 826; Faversham v. Faversham, 146 N.Y.S. 569. There is no statute that we can find in this stat...
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ON MOTIONS TO DISMISS APPEALS [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] OPINION Respondent, as plaintiff in civil action No. 3,470 in the Sixth judicial district court, Humboldt County, recovered a money judgment against appellant, defendant in said dis...
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The set-off demanded on November 18, 1932, was not invalid as a preference within sec. 684 N.C.L. for the following reasons: First – A preference is an affirmative act by the debtor, the payment by the debtor of money or the transfer, conveyance or assignment of property, security, etc., to a favored creditor in preference to unfavored creditors. Hence, the inactive, passive condition of the bank ...
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In the trial court the facts were stipulated as follows: "That prior to the 1st day of January, A. D., 1938, the county commissioners of Latah County, State of Idaho, duly and regularly passed an ordinance requiring each retailer *Page 281 of beer in Latah County, State of Idaho, to pay an annual license fee of $25.00 for the sale of bottled and draught beer; that on the 10th day of December, A. ...
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Dissenting. — The parties to this action were divorced July 17, 1937, and in the decree the custody of their daughter was awarded to the father, who is respondent here. December 13, 1937, appellant, the mother of the child, moved the district court for an order modifying the decree and awarding the custody of the child to her. A trial was had resulting in findings of fact and conclusions of law a...
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February 20, 1922, appellants, Myron L. Romig, Grace B. Romig (husband and wife) and Minnie I. Curtis (mother of the latter) executed and delivered their promissory note to respondent in the sum of $1200 and secured same by a mortgage on 654 acres of land in the Salmon River section of Idaho county. Payments of interest were made amounting to $1161.20, the last payment being made September 14, 193...
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This action is for damages for personal injuries sustained by appellant, who was plaintiff in the district court, by being struck by an automobile driven by respondent, Zalasky in the course of his employment by respondent, Washington Cut Glass Company, Inc. A demurrer to the amended complaint was sustained; appellant refused to further plead and judgment of dismissal was entered, from which this ...
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In 1909, Independent School District No. 5, of Latah County, purchased the west ninety-eight and two-thirds feet of Lot 30, in McGregor's Second Addition to Moscow, according to the recorded plat thereof, and erected a school building thereon. The east portion of the lot, adjoining that purchased by the school district, belongs to J.A. Anell and his wife. The Anell property is bordered on the east...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 269 Prince E. Stookey, one of the defendants, made and filed an affidavit, pursuant to 1933 Session Laws, chapter 218, section 4, page 464, that he had reason to believe, and did believe, defendants could not have a fair and impartial trial before Honorable M...
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John Anderson was an employee of the Potlatch Forests, Inc., and while engaged in course of his employment September 7, 1935, was struck by a falling tree and died September 9th. At the time of his death he had no dependents and no claim by anyone purporting to be a dependent has ever been made. Accordingly, at the expiration of a period of one year after the accident, as provided by sec. 43-1101,...
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Paul Sent was an employee of the Potlatch. Forests, Inc., and while engaged in course of his employment August 17, 1935, received an injury which resulted in his death September 7th following. At the time of his death he had no dependents and no claim by anyone purporting to be a dependent has ever been made. Accordingly, at the expiration of a period of one year after the accident, as provided by...
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Appeal from an order refusing probate of a will on the ground that it had been obtained by duress and undue influence. On November 29, 1933, decedent, Nancy Laura Goldsberry, made what purported to be a will in which C.A. Goldsberry, one of her sons, was made sole beneficiary. Upon the death of Nancy Goldsberry, this will was not tendered for probate because, as testified by C.A. Goldsberry, all t...
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D.S. Baker brought suit against the Holland Furnace Company to recover certain amounts alleged to be due under several contracts between the parties. The amounts claimed by plaintiff to be due him arose out of and by virtue of his being employed as manager of the branch office of the defendant company at Provo, Utah. Defendant answered denying that any of the claimed amounts were due under any of ...
Views: 0

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