Category: California Courts of Appeal Opinions

[Civ. No. 8724. First Appellate District, Division Two. November 13, 1934.] A. W. BRAND, Respondent, v. F. R. DRINKHOUSE et al., Appellants. COUNSEL W. P. Caubu and Robert L. Levy for Appellants. Clark & Callaghan and Richard M. Callaghan for Respondent. [2 Cal. App. 2d 194] OPINION Sturtevant, J. From a judgment in favor of […]

[Crim. No. 1818. First Appellate District, Division Two. November 13, 1934.] THE PEOPLE, Respondent, v. CLIFFORD VOSS, Appellant. COUNSEL Victor Wells for Appellant. U.S. Webb, Attorney-General, and Seibert L. Sefton, Deputy Attorney-General, for Respondent. OPINION Sturtevant, J. The defendant was convicted of a felony. He made a motion for a new trial, the motion was […]

[Civ. No. 1504. Fourth Appellate District. November 10, 1934.] MARGARET WALSH, Respondent, v. BOARD OF TRUSTEES OF REDLANDS HIGH SCHOOL DISTRICT et al., Appellants. COUNSEL Stanley Mussell, District Attorney, and James L. King, Deputy District Attorney, for Appellants. Heap & Butler, J. Lamar Butler and R. H. Cantillon for Respondent. OPINION Barnard, P. J. The […]

[Civ. No. 1498. Fourth Appellate District. November 10, 1934.] CELIA ADAMS, Appellant, v. CARL W. ADAMS, Respondent. COUNSEL Swing & Swing for Appellant. Lester G. King and Byrne & Coughlin for Respondent. OPINION Marks, J. On December 31, 1931, plaintiff was awarded an interlocutory decree of divorce. During the pendency of the divorce action the […]

[Civ. No. 5253. Third Appellate District. November 10, 1934.] D. P. WARREN, Respondent, v. KATE WARREN, Appellant. COUNSEL J. R. Wilder and J. Widoff for Appellant. Leland J. Allen for Respondent. OPINION Pullen, P. J. This is an appeal from an order denying a motion to set aside the default of defendant and the judgment […]

[Civ. No. 1123. Fourth Appellate District. November 9, 1934.] W. H. ARMSTRONG, Respondent, v. JOHN STUDER, Appellant. COUNSEL Kendall B. Perkins for Appellant. R. I. French for Respondent. OPINION Griffin, J., pro tem. This action was brought to recover damages suffered by respondent herein, growing out of injuries sustained by him when the automobile which […]

[Crim. No. 1352. Third Appellate District. November 9, 1934.] THE PEOPLE, Respondent, v. FORREST C. HILL, Appellant. COUNSEL Clifford A. Russell, P. H. Johnson and Irving D. Gibson for Appellant. U.S. Webb, Attorney-General, and Ralph H. Cowing, Deputy Attorney-General, for Respondent. OPINION Plummer, J. The defendant was convicted of the offense of embezzlement, and from […]

[Civ. No. 5140. Third Appellate District. November 9, 1934.] GAYLE WHITTAKER GAUMNITZ, Respondent, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA (a Corporation), Appellant. COUNSEL Sutherland, Dearing & Jertberg for Appellant. Conley, Conley & Conley for Respondent. [2 Cal. App. 2d 136] OPINION Thompson, J. The defendant has appealed from a judgment of $1607.92 which was […]

[Civ. No. 9447. First Appellate District, Division Two. November 9, 1934.] TILDEN LUMBER COMPANY (a Corporation), Appellant, v. M. PERINO, Respondent. COUNSEL Cyrus B. King and Rupert R. Ryan for Appellant. O. H. Speciale for Respondent. OPINION Sturtevant, J. The plaintiff has appealed from a judgment rendered by the trial court dismissing its complaint. The […]

[Civ. No. 9279. First Appellate District, Division Two. November 9, 1934.] W. H. SNELL, Appellant, v. LEWIS F. BYINGTON et al., Respondents. COUNSEL John J. Dailey for Appellant. John J. O’Toole, City Attorney, and Dion R. Holm, Assistant City Attorney, for Respondents. OPINION Sturtevant, J. The city and county of San Francisco is operating under […]

[Civ. No. 9145. First Appellate District, Division One. November 9, 1934.] SEBASTIANO DE LUCA, Respondent, v. RED SALMON CANNING CO. (a Corporation), Appellant. COUNSEL F. V. Keesling, C. A. S. Frost and Garton D Keyston for Appellant. Joseph E. Isaacs, Alan H. Critcher and Henry Heidelberg for Respondent. [2 Cal. App. 2d 126] OPINION James, […]

[Civ. No. 9288. First Appellate District, Division One. November 9, 1934.] FRED REED, Appellant, v. EDWARD ROSE et al., Respondents. COUNSEL Sawyer & Sawyer and F. W. Sawyer for Appellant. Earl Warren, District Attorney, Ralph E. Hoyt, Chief Assistant District Attorney, R. Robert Hunter, Deputy District Attorney, and Myron Harris for Respondents. OPINION McNutt, J., […]

[Civ. No. 5107. Third Appellate District. November 8, 1934.] JENNIE ROSENBERG, Respondent, v. KATE A. BULLARD, Appellant. COUNSEL Wm. Ellis Lady and Guy Knupp for Appellant. Goldman & Lieberman for Respondent. OPINION Pullen, P. J. This appeal is before us on rehearing. The contention of appellant is that the trial court was without jurisdiction to […]

[Civ. No. 5082. Third Appellate District. November 8, 1934.] LEE KALE, Respondent, v. BANKAMERICA AGRICULTURAL CREDIT CORPORATION (a Corporation), Appellant. COUNSEL Huston, Huston & Huston for Appellant. White, Miller, Needham, Harber & Mering for Respondent. OPINION Pullen, P. J. This is an appeal from a money judgment in favor of plaintiff and respondent and against […]

[Civ. No. 9959. Second Appellate District, Division One. November 8, 1934.] In the Matter of the Guardianship of GERTRUDE DORIS MAHN, a Minor. MARY T. MAHN, Respondent, v. NELLIE MAHN, Appellant. COUNSEL Francis W. Bunnett for Appellant. Ivan Miller for Respondent. OPINION Houser, J. The mother of Gertrude Doris Mahn, a minor, has appealed to […]

[Civ. No. 9539. First Appellate District, Division Two. November 8, 1934.] MARGARET COLLINS, Respondent, v. JOSEPHINE WELSH, Appellant. COUNSEL Seibert L. Sefton for Appellant. M. Mitchell Bourquin and William F. Herron for Respondent. OPINION Spence, J. Plaintiff, as assignee of Vincent W. Hallinan, brought this action to recover the sum of $15,000 upon a claim […]

[Crim. No. 1823. First Appellate District, Division Two. November 8, 1934.] THE PEOPLE, Respondent. v. EDWARD NICHOLS, Appellant. COUNSEL Victor Wells for Appellant. U.S. Webb, Attorney-General, and Seibert L. Sefton, Deputy Attorney-General, for Respondent. [2 Cal. App. 2d 100] OPINION Spence, J. The defendant was charged in two separate informations, the first alleging a violation […]

[Civ. No. 1539. Fourth Appellate District. November 7, 1934.] BRUCE V. CRANDALL, Appellant, v. TITLE GUARANTEE AND TRUST COMPANY (a Corporation) et al., Respondents. COUNSEL R. C. Mize and Leslie F. Kimmell for Appellant. Keogh, Cate & Colver and Harvey & Harvey for Respondents. OPINION Barnard, P. J. The plaintiff executed and delivered a promissory […]

[Civ. No. 1128. Fourth Appellate District. November 7, 1934.] CORA M. McCALL, Appellant, v. T. D. McCALL, Respondent. COUNSEL Cora M. McCall, in pro. per., and Ray D. Johnson and D. C. Collier for Appellant. M. W. Conkling for Respondent. OPINION Barnard, P. J. The plaintiff and the defendant, while living together as husband and […]

[Civ. No. 1090. Fourth Appellate District. November 7, 1934.] HARRIET BINFORD, Respondent, v. ADELAIDE PURCELL, Appellant. COUNSEL Edward J. Kelly for Appellant. Fred A. Steiner for Respondent. OPINION Marks, J. Plaintiff and defendant had been friends for a number of years, and on December 9, 1930, were college classmates. On the afternoon of that day […]

[Civ. No. 5153. Third Appellate District. November 7, 1934.] ARTHUR BUNCH et al., Appellants, v. J. G. KIN, Defendant; J. E. VOTAW, Respondent. COUNSEL Nat Brown, J. A. Metzler, Jr., and Scott Rex for Appellants. James W. Hughes for Respondent. OPINION Pullen, P. J. This is an action brought by plaintiffs against defendants for personal […]

[Civ. No. 5141. Third Appellate District. November 7, 1934.] N. ALBERDA et al., Appellants, v. ALFRED PINKNEY SMITH et al., Respondents. COUNSEL C. H. McCray and Joseph Barcroft for Appellants. Sherwood Green for Respondents. OPINION Pullen, P. J. Plaintiffs were the owners of the furniture and furnishings of a hotel in Madera. Defendant [2 Cal. […]

[Civ. No. 8763. Second Appellate District, Division Two. November 7, 1934.] ELIZABETH ALEXANDER, Appellant, v. HARRY G. WILLIS et al., Respondents. COUNSEL A. W. Staples and Walter S. Coen for Appellant. Gardiner Johnson and Gordon Johnson for Respondents. OPINION Scott, J., pro tem. Plaintiff appeals from order granting motion for nonsuit. Defendant Harry G. Willis […]

[Crim. No. 2561. Second Appellate District, Division Two. November 7, 1934.] In the Matter of the Application of BELLE McCORD ROBERTS for a Writ of Habeas Corpus. COUNSEL C. W. Humphreys for Petitioner. Buron Fitts, District Attorney, and A. H. Van Cott, Deputy District Attorney, for Respondent. OPINION The Court. Petitioner was adjudged in contempt […]

[Civ. No. 9378. First Appellate District, Division Two. November 7, 1934.] THE KING CITY UNION HIGH SCHOOL DISTRICT et al., Appellants, v. W. C. WAIBEL, Respondent. COUNSEL Rosendale, Scott & Thomas for Appellants. C. F. Lacey for Respondent. OPINION Spence, J. This action for declaratory relief was brought by plaintiffs for the purpose of determining […]