Category: California Courts of Appeal Opinions

[Crim. No. 2609. Second Appellate District, Division Two. December 7, 1934.] THE PEOPLE, Respondent, v. ALBERT SIMEONE et al., Defendants; JAMES DUKE, Appellant. COUNSEL Willis T. Lyman for Appellant. U.S. Webb, Attorney-General, and Bayard Rhone for Respondent. OPINION Stephens, P. J. [1] Defendant Duke was convicted of first degree burglary and two counts of kidnaping. […]

[Crim. No. 2627. Second Appellate District, Division Two. December 7, 1934.] In the Matter of the Application of GORDON PHAIR for a Writ of Habeas Corpus. COUNSEL Aileen M. MacLymont for Petitioner. Buron Fitts, District Attorney, and A. H. Van Cott, Deputy District Attorney, for Respondent. OPINION Stephens, P. J. Petitioner seeks to be released […]

[Civ. No. 9072. First Appellate District, Division One. December 7, 1934.] D. W. BURBANK, Respondent, v. CONTINENTAL LIFE INSURANCE COMPANY (a Corporation), Appellant. COUNSEL Peter tum Suden and Richard tum Suden for Appellant. Bianchi & Hyman for Respondent. OPINION Knight, J. Exercising the discretionary power granted by section 473 of the Code of Civil Procedure […]

[Civ. No. 1484. Fourth Appellate District. December 6, 1934.] ESPERANZA COVERRUBIAS et al., Respondents, v. A. P. M. BROWN, Appellant. COUNSEL Forgy, Reinhaus & Forgy for Appellant. Burke & Colwell and West & West for Respondents. OPINION Barnard, P. J. A Chevrolet automobile owned by Juan Gonzales and driven by his brother Basilio Gonzales [2 […]

[Civ. No. 1511. Fourth Appellate District. December 6, 1934.] EDWARD MOYER, Appellant, v. FLORENCE DRESCH et al., Respondents. COUNSEL David W. Johnson and Elmer E. Guy for Appellant. Forgy, Reinhaus & Forgy and Walter F. Keen for Respondents. OPINION Marks, J. This is an appeal from an order granting a new trial where the case […]

[Civ. No. 1555. Fourth Appellate District. December 6, 1934.] WINIFRED WADSWORTH, Appellant, v. JUAN GONZALES et al., Respondents. COUNSEL Charles E. Hobart and J. K. Lilly for Appellant. Borton & Petrini, Osborn & Burum and Harry M. Conron for Respondents. OPINION OF THE COURT Memorandum Marks, J. This is a motion to dismiss an appeal […]

[Civ. No. 5053. Third Appellate District. December 6, 1934.] GENERAL MOTORS ACCEPTANCE CORPORATION (a Corporation), Appellant, v. ORVILLE O. BROWN, Respondent. COUNSEL William S. Downing for Appellant. Loyd E. Hewitt for Respondent. OPINION Thompson, J. The plaintiff has appealed from a judgment which was rendered against it in a suit for a deficiency due on […]

[Crim. No. 2617. Second Appellate District, Division Two. December 6, 1934.] THE PEOPLE, Respondent, v. HAROLD F. CHADDOCK, Appellant. COUNSEL Wm. J. Clark for Appellant. U.S. Webb, Attorney-General, and Eugene M. Elson, Deputy Attorney-General, for Respondent. OPINION Willis, J., pro tem. Appellant was tried by the judge of the court below without a jury and […]

[Civ. No. 9746. Second Appellate District, Division Two. December 6, 1934.] CITY OF LONG BEACH (a Municipal Corporation), Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and THOMAS E. EVANS, Respondents. COUNSEL Nowland M. Reid and Edmund J. Callaway for Petitioner. Everett A. Corten for Respondent Industrial Accident Commission. OPINION Stephens, P. J. An award for injury received […]

[Civ. No. 8741. Second Appellate District, Division Two. December 6, 1934.] HOWARD G. RATH, etc., Respondent, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA (a Corporation), Appellant. COUNSEL Joe Crider, Jr., and Clarence B. Runkle for Appellant. James P. Mackel and William M. Rains for Respondent. OPINION Willis, J., pro tem. Judgment on findings and conclusions […]

[Civ. No. 8099. Second Appellate District, Division One. December 6, 1934.] MYRTLE GOODPASTOR, Appellant, v. L. W. CARY, Respondent. COUNSEL Marvin B. Sherwin for Appellant. W. I. Gilbert for Respondent. OPINION Houser, J. Appeal from an order denying plaintiff’s motion for a change of venue from Los Angeles County to the county of Alameda upon […]

[Civ. No. 9453. First Appellate District, Division One. December 6, 1934.] ROSE P. VAN HAAREN, Respondent, v. WILLIAM T. WHITMORE et al., Appellants. COUNSEL John C. Scott for Appellants. Donahue, Hynes & Hamlin for Respondent. OPINION Jones, J., pro tem. This is an appeal from a judgment for the balance due on a promissory note […]

[Civ. No. 9152. First Appellate District, Division One. December 6, 1934.] THEODORE J. P. MAUS, Respondent, v. SCAVENGER PROTECTIVE ASSOCIATION (a Corporation), Appellant. COUNSEL Hadsell, Sweet, Ingalls & Lamb for Appellant. Edwin T. McMurray for Respondent. OPINION The Court. An action to recover damages for personal injuries alleged to have been caused by defendant’s negligence. […]

[Crim. No. 1403. Third Appellate District. December 5, 1934.] THE PEOPLE, Respondent, v. SISTO SIEGEL, Appellant. COUNSEL J. C. Hurley for Appellant. U.S. Webb, Attorney-General, and Ralph H. Cowing, Deputy Attorney-General, for Respondent. OPINION Plummer, J. The appellant and one Clifford Anderson were indicted by the grand jury of the county of Mendocino and charged […]

[Civ. No. 9983. Second Appellate District, Division Two. December 5, 1934.] ETHEL M. DeBOLT, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. COUNSEL Charles M. Easton and Palmyra Pressly for Petitioner. David W. Richards and Henry F. Poyet for Respondents. OPINION Stephens, P. J. [1] One of the defendants in an […]

[Crim. No. 2593. Second Appellate District, Division Two. December 5, 1934.] THE PEOPLE, Respondent, v. ANTONIO SILVA, Appellant. COUNSEL Anna Zacsek for Appellant. U.S. Webb, Attorney-General, and William F. Cleary, Deputy Attorney-General, for Respondent. OPINION Scott, J., pro tem. Defendant was convicted of burglary in the first degree after prior conviction of a felony, to […]

[Civ. No. 9993. Second Appellate District, Division Two. December 5, 1934. COUNTY OF LOS ANGELES, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and JOHN MORRIS JONES, Respondents. COUNSEL Everett W. Mattoon, County Counsel, and Fred M. Cross, Deputy County Counsel, for Petitioner. Everett A. Corten for Respondents. OPINION Scott, J., pro tem. On September 13, 1933, respondent […]

[Civ. No. 8837. Second Appellate District, Division Two. December 5, 1934.] SID KOSTER, Appellant, v. LOCAL No. 33 INTERNATIONAL ALLIANCE THEATRICAL STAGE EMPLOYEES AND MOTION PICTURE MACHINE OPERATORS OF UNITED STATES AND CANADA, Respondent. COUNSEL C. M. Walz for Appellant. James S. Roche for Respondent. OPINION Stephens, P. J. This proceeding arose through a petition […]

[Civ. No. 8848. Second Appellate District, Division Two. December 5, 1934.] UNION BANK & TRUST COMPANY OF LOS ANGELES (a Corporation), as Executor, etc., Appellant, v. COUNTY OF LOS ANGELES (a Municipal Corporation), Respondent. COUNSEL O. A. Ehlers and Loeb, Walker & Loeb for Appellant. Everett W. Mattoon, County Counsel, and S. V. O. Prichard, […]

[Civ. No. 9364. First Appellate District, Division One. December 4, 1934.] SAN FRANCISCO MILLING COMPANY, LTD., Respondent, v. FRYE AND COMPANY (a Corporation), Appellant. COUNSEL Joseph A. Brown for Appellant. Carl R. Schulz and Norman A. Eisner for Respondent. OPINION Jamison, J., pro tem. This is an action upon a contract for the sale by […]

[Civ. No. 8451. Second Appellate District, Division One. December 5, 1934.] LAWRENCE MASSA, Respondent, v. BENJAMIN M. PATTON et al., Appellants. COUNSEL Marcus L. Roberts and Harry W. Horton for Appellants. Sandor J. Vigg for Respondent. OPINION Conrey, P. J. The judgment herein, from which the defendants appeal, was rendered pursuant to findings in favor […]

[Civ. No. 9192. First Appellate District, Division Two. December 5, 1934.] JOSEPH BACCIOCCO, Appellant, v. TRANSAMERICA CORPORATION (a Corporation) et al., Respondents. COUNSEL M. Mitchell Bourquin and Clinton L. Markley for Appellant. Louis Ferrari and W. E. Johnson for Respondent. OPINION Nourse, P. J. Plaintiff sued for damages for breach of an alleged oral contract. […]

[Civ. No. 9412. First Appellate District, Division One. December 5, 1934.] WILLIAM T. WHITMORE, Appellant, v. OSSIAN E. CARR, as City Manager, etc., et al., Respondents. COUNSEL George Gelder for Appellant. F. B. Fernhoff, City Attorney, and Homer W. Buckley, Assistant City Attorney, for Respondents. OPINION Jones, J., pro tem. This is an appeal from […]

[Civ. No. 9213. First Appellate District, Division One. December 5, 1934.] EVELYN TURNER, Respondent, v. GEORGE WHITTEL, Appellant. COUNSEL George J. Hatfield and Jas. F. Brennan for Appellant. Twain Michelsen for Respondent. OPINION The Court. An action to recover damages for personal injuries. Plaintiff alleged that she was assaulted and beaten by individuals in the […]

[Civ. No. 1500. Fourth Appellate District. December 4, 1934.] AETNA LIFE INSURANCE COMPANY (a Corporation), Plaintiff, v. ORA E. WOOD, Defendant and Appellant; ENID R. QUINN, Defendant and Respondent. COUNSEL D. T. Gardner and James H. Boyer for Appellant. [2 Cal. App. 2d 581] P. N. McCloskey for Respondent. OPINION Barnard, P. J. This is […]