Category: California Courts of Appeal Opinions

[Civ. No. 8696. Second Appellate District, District Two. October 31, 1934.] PAUL K. ALBERTS, Respondent, v. KENNETH LYTLE et al., Defendants; LOS ANGELES RAILWAY CORPORATION (a Corporation), Appellant. COUNSEL Gibson, Dunn & Crutcher, Philip C. Sterry and E. H. Chapman for Appellant. Crail, Shutt, Penprase & Crail, and Edward A. Penprase for Respondent. OPINION Pacht, […]

[Civ. No. 9963. Second Appellate District, Division Two. October 31, 1934.] In the Matter of the Estate of J. T. NUTTLE, Deceased. LEOTA BABCOCK, Appellant, v. JUANA M. WOOD et al., Respondents. COUNSEL Richard J. O. Culver for Appellant. Joseph Scott, T. C. Heyl and C.J. Scott for Respondents. OPINION Archbald, J., pro tem. Appeal […]

[Civ. No. 8838. First Appellate District, Division One. October 31, 1934.] MILLARD J. KLEVESAHL, Respondent, v. LEWIS F. BYINGTON et al., Appellants. COUNSEL John J. O’Toole, City Attorney, Edmond P. Bergerot, Assistant City Attorney, John R. Golden, Assistant District Attorney, and E. R. Zion for Appellants. Walter H. Duane, Joseph T. Curley and Marvin C. […]

[Civ. No. 9979. Second Appellate District, Division Two. October 30, 1934.] E. G. GRIFFITH, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. COUNSEL William Ellis Lady for Petitioner. Frank S. Hutton for Respondents. OPINION Willis, J., pro tem. This is a proceeding in certiorari, and in our view of the case […]

[Civ. No. 8767. Second Appellate District, Division Two. October 30, 1934.] WM. G. BONELLI et al., Respondents, v. W. E. CONRAD, Appellant. COUNSEL McManus & Caldwell for Appellant. Hal Hughes and Maurice J. O’Brien for Respondents. OPINION Willis, J., pro tem. This is an action to recover for attorneys’ services, tried before a jury which […]

[Civ. No. 8024. Second Appellate District, Division One. October 30, 1934.] HARRIET R. BLACKBURN, Appellant and Respondent, v. FRANK McCOY et al., Respondents; EDWARD A. HENDERSON et al., Appellants. COUNSEL Halverson & Halverson for Appellants. Newby & Newby, Dee Holder and Charles R. Newby for Appellant and Respondent. Warren L. Williams, Seymour S. Silverton and […]

[Civ. No. 8002. Second Appellate District, Division One. October 30, 1934.] MABEL L. SHULTZ, Appellant, v. MISS L. O’ROURKE et al., Respondents. COUNSEL John J. McMahon for Appellant. Holland & Holland and Kenneth D. Holland for Respondents. OPINION York, J. Plaintiff appeals from the judgment entered herein in favor of the defendants. The evidence and […]

[Civ. No. 9962. Second Appellate District, Division Two. October 29, 1934.] In the Matter of the Estate and Guardianship of AMERICO GIAMBASTIANI, an Incompetent Person. FRANK T. HINES, Administrator of Veterans Affairs, etc., Appellant, v. EGISTO GIAMBASTIANI, Guardian, etc., Respondent. COUNSEL H. C. Veit and J. C. Shunk for Appellant. Albert Sidney Brown for Respondent. […]

[Civ. No. 9897. Second Appellate District, Division Two. October 29, 1934.] LOS ANGELES BOND & SECURITIES COMPANY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent. COUNSEL John C. Gillham for Petitioner. Everett W. Mattoon, County Counsel, and D. DeCoster, Chief Deputy County Counsel, for Respondent. OPINION Willis, J., pro tem. By this proceeding […]

[Civ. No. 9965. Second Appellate District, Division Two. October 29, 1934.] In the Matter of the Estate of BECKIE ROZEN-GOLDENBERG, Deceased. CALIFORNIA TRUST COMPANY (a Corporation), as Executor, etc., et al., Appellants, v. HARRY GOLDENBERG, Respondent. COUNSEL Paul C. Hill and John Henderson Pelletier for Appellants. Desser & Bokofsky, Arthur A. Desser and P. M. […]

[Civ. No. 8798. Second Appellate District, Division Two. October 29, 1934.] ANNA KAMISCHER, Appellant, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY (a Corporation), Respondent. COUNSEL Pelton & Warne and Clore Warne for Appellant. Meserve, Mumper, Hughes & Robertson and E. Avery Crary for Respondent. OPINION Scott, J., pro tem. Defendant issued a policy dated April […]

[Civ. No. 9146. Second Appellate District, Division One. October 29, 1934.] JAMES A. TEEL, Respondent, v. CAMDEN FIRE INSURANCE ASSOCIATION (a Corporation) et al., Appellants. COUNSEL Knight & Reynolds for Appellants. Sparling & Teel and Courtney A. Teel for Respondent. OPINION York, J. This is an appeal from an order granting a new trial after […]

[Crim. No. 174. Fourth Appellate District. October 26, 1934.] THE PEOPLE, Respondent, v. ROY MYERS, Appellant. COUNSEL Roy Myers, in pro. per., for Appellant. U.S. Webb, Attorney-General, and Paul D. McCormick, Deputy Attorney-General, for Respondent. OPINION Marks, J. Roy Myers and Scott Rackley were convicted of the crime of burglary in the first degree and […]

[Civ. No. 648. Fourth Appellate District. October 25, 1934.] CLARRIE M. LANSDOWN, Appellant, v. SMITH & SONS RESERVE CORPORATION, LTD. (a Corporation), et al., Respondents. COUNSEL Forgy, Reinhaus & Forgy and A. M. Bradley for Appellant. Drumm, Tucker, Martell & Drumm for Respondents. [1 Cal. App. 2d 619] OPINION Barnard, P. J. In this action […]

[Civ. No. 5196. Third Appellate District. October 25, 1934.] DORSOLINA M. HAVERSTICK et al., Executrices, etc., Respondents, v. SOUTHERN PACIFIC COMPANY (a Corporation), Appellant. COUNSEL Levinsky & Jones and Tom B. Quinn for Appellant. Snyder & Snyder for Respondents. OPINION Plummer, J. Franklin Allen, now deceased, the plaintiff, had judgment against the defendant in this […]

[Civ. No. 1525. Fourth Appellate District. October 24, 1934.] COUNTY OF SAN BERNARDINO (a Body Corporate and Politic), Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and GEORGE W. BARNES, Respondents. COUNSEL Stanley Mussell, District Attorney, and James L. King. Deputy District Attorney, for Petitioner. Everett A. Corten and James G. Whyte for Respondents. OPINION Marks, J. The […]

[Civ. No. 5138. Third Appellate District. October 24, 1934.] EARL STETSON, a Minor, etc., Respondent, v. HENRY BLUM, Appellant. COUNSEL J. Hampton Hoge and A. Dal Thomson for Appellant. Thomas C. Anglim for Respondent. OPINION Thompson, J. The defendant has appealed from a judgment of $1200 which was rendered against him for damages for personal […]

[Civ. No. 5059. Third Appellate District. October 24, 1934.] DAVID F. BUSH et al., Appellants, v. BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION (a National Banking Association), Respondent. COUNSEL Vernon F. Gant for Appellants. T. B. Scott, Louis Ferrari, T. J. Bricca and W. E. Johnson for Respondent. OPINION Thompson, J. This is an […]

[Civ. No. 5234. Third Appellate District. October 23, 1934.] DEPARTMENT OF PUBLIC WORKS OF THE STATE OF CALIFORNIA, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and JAMES ALEXANDER, Respondents. COUNSEL B. E. Pemberton, Ivan A. Schwab and Edmund D. Leonard for Petitioner. Everett A. Corten and Emmet J. Seawell for Respondents. OPINION Pullen, P. J., Petitioner, Department […]

[Civ. No. 9895. Second Appellate District, Division One. October 24, 1934.] JOHN W. DADY, as Superintendent of the MISSION INDIAN AGENCY, etc., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent. COUNSEL Peirson M. Hall, United States Attorney, and Howell Purdue, Assistant United States Attorney, for Petitioner. Everett W. Mattoon, County Counsel, Ernest R. […]

[Crim. No. 173. Fourth Appellate District. October 23, 1934.] THE PEOPLE, Respondent, v. R. M. HANCOCK et al., Appellants. COUNSEL Frederick E. Hoar for Appellants. U.S. Webb, Attorney-General, and Eugene M. Elson, Deputy Attorney-General, for Respondent. OPINION Barnard, P. J. The defendants, brothers, were jointly charged with the crime of misdemeanor, to wit, petty theft, […]

[Civ. No. 5158. Third Appellate District. October 23, 1934.] G. W. HAYES et al., Respondents, v. Y. KHINOO et al., Appellants. COUNSEL Samuel V. Cornell for Appellants. J. Lee Robertson for Respondents. OPINION Plummer, J. The plaintiffs began this action to obtain payment of the alleged reasonable value of certain work and labor performed under […]

[Crim. No. 2605. Second Appellate District, Division Two. October 23, 1934.] THE PEOPLE, Respondent, v. VAN ALEXANDER, Appellant. COUNSEL Leo Gallagher for Appellant. U.S. Webb, Attorney-General, and Eugene M. Elson, Deputy Attorney-General, for Respondent. OPINION Scott, J., pro tem. Defendant was convicted of assault with a deadly weapon. No motion for new trial was made. […]

[Civ. No. 9795. Second Appellate District, Division Two. October 23, 1934.] L. BOTELER, Trustee in Bankruptcy, etc., Respondent, v. ANTONE K. KOULOURIS et al., Appellants. COUNSEL E. J. Fostinis for Appellants. Derthick, Cusack & Ganahl for Respondent. OPINION Willis, J., pro tem. On February 20, 1926, appellants leased certain real property to Great Western See […]

[Civ. No. 9684. Second Appellate District, Division Two. October 23, 1934.] MARIE MARKHAM PAGE et al., as Executors, etc., Respondents, v. P. C. HALE et al., Defendants; L. M. GIANINI et al., Appellants. COUNSEL Cushing & Cushing, Cullinan, Hickey & Sweigert, Clarke & Bowker, Louis Ferrari and Edmund Nelson for Appellants. Chandler, Wright & Ward […]