Category: California Courts of Appeal Opinions

[Civ. No. 1455. Fourth Appellate District. October 17, 1934.] BLANCHE ILLINGSWORTH, a Minor, etc., Appellant, v. ADALAIDE BOYD, Respondent. COUNSEL A. P. Nelson for Appellant. Fred A. Wilson for Respondent. OPINION Barnard, P. J. Shortly after noon on July 17, 1932, the plaintiff was injured while riding in an automobile driven by the defendant. It […]

[Civ. No. 1458. Fourth Appellate District. October 16, 1934.] In the Matter of ELLA JACQUELINE COON (a Minor). ELYDA DE LONG, Respondent, v. ALICE SCHAUB, Appellant. COUNSEL No appearance for Appellant. No appearance for Respondent. OPINION Jennings, J. [1] On June 16, 1933, Alice Schaub appealed from an order of the Superior Court of Orange […]

[Civ. No. 1456. Fourth Appellate District. October 16, 1934.] U. F. LEWIS et al., Respondents, v. CLARENCE A. SHAW et al., Defendants; HARRIETT MORROW, Appellant. COUNSEL No appearance for Appellant. No appearance for Respondents. OPINION Marks, J. [1] On May 9, 1933, Harriett Morrow appealed from an order denying her motion to dissolve an attachment. […]

[Civ. No. 1144. Fourth Appellate District. October 16, 1934.] CHAS. MEIS, Plaintiff; J. EDGAR ROSS, Appellant, v. E. COLLINS et al., Respondents. COUNSEL J. Edgar Ross, in pro. per., for Appellant. C. L. Brown for Respondents. OPINION Griffin, J., pro tem. The record indicates that a partnership was formed between plaintiff Chas. Meis, defendant E. […]

[Civ. No. 9532. First Appellate District, Division Two. October 16, 1934.] GOLDEN GATE CANDY PRODUCTS CO. (a Corporation), Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et. al., Respondents. COUNSEL Morris, Jaffa & Sumski for Petitioner. Alfred J. Hennessy and Byron C. Parker for Respondents. OPINION Sturtevant, J. This is […]

[Civ. No. 1159. Fourth Appellate District. October 15, 1934.] HARRY S. LOWE et al., Respondents, v. THE CITY OF SAN DIEGO (a Municipal Corporation), Appellant. COUNSEL C. L. Byers, City Attorney, Gilmore Tillman, Assistant City Attorney, and James J. Breckenridge, Deputy City Attorney, for Appellant. F. L. Richardson and Edgar B. Hervey for Respondents. OPINION […]

[Crim. No. 303. Fourth Appellate District. October 15, 1934.] THE PEOPLE, Respondent, v. MERRIWEATHER DAVIS, Appellant. COUNSEL Head, Wellington & Jacobs for Appellant. U.S. Webb, Attorney-General, and Warner Praul, Deputy Attorney-General, for Respondent. OPINION Barnard, P. J. [1] The defendant was convicted of a violation of section 288 of the Penal Code by the verdict […]

[Civ. No. 5067. Third Appellate District. October 15, 1934.] ALBERT NELSON et al., Appellants, v. F. J. SCHOETTGEN, Respondent. COUNSEL Fred A. Watkins for Appellants. Rowan Hardin for Respondent. OPINION Held, J., pro tem. The plaintiffs herein, on July 20, 1932, entered into an agreement with defendant, whereby defendant leased to plaintiffs five certain quartz […]

[Civ. No. 5162. Third Appellate District. October 15, 1934.] EDWARD F. HARRIS, Respondent, v. C. V. SEIDELL et al., Defendants; C. V. SEIDELL, Appellant. COUNSEL Paul A. Lindley for Appellant. Aaron N. Cohen and C. K. Bonestell for Respondent. OPINION Held, J., pro tem. This is an action in unlawful detainer. The complaint alleges that […]

[Civ. No. 5163. Third Appellate District. October 15, 1934.] C. V. SEIDELL, Appellant, v. TUXEDO LAND COMPANY (a Corporation) et al., Respondents. COUNSEL Paul A. Lindley for Appellant. Aaron N. Cohen and C. K. Bonestell for Respondents. OPINION Held, J., pro tem. This is a proceeding in equity to set aside a sale and deed […]

[Civ. No. 9275. First Appellate District, Division Two. October 15, 1934.] PETER SOARES et al., Appellants, v. A. GHISLETTA, Respondent. COUNSEL Alberto Moura and Louis B. De Avila for Appellants. Carlos R. Freitas, Jerome A. Duffy and Thomas F. Keating for Respondent. OPINION Spence, J. Plaintiffs sought damages in the sum of $540 for the […]

[Crim. No. 1344. Third Appellate District. October 13, 1934.] In the Matter of the Application of EUGENE SCHWARTZ for a Writ of Habeas Corpus. COUNSEL Eugene Schwartz, in pro. per., for Petitioner. U.S. Webb, Attorney-General, and Jess Hession, Deputy Attorney-General, for Respondent. OPINION The Court. This is a petition for a writ of habeas corpus […]

[Crim. No. 1345. Third Appellate District. October 13, 1934.] In the Matter of the Application of GEORGE P. TARTAR for a Writ of Habeas Corpus. COUNSEL George P. Tartar, in pro. per., for Petitioner. U.S. Webb, Attorney-General, and Jess Hession, Deputy Attorney-General, for Respondent. OPINION The Court. Petitioner was on January 2, 1930, convicted of […]

[Civ. No. 8626. Second Appellate District, Division Two. October 13, 1934.] MAMIE E. SCRIMSHER et al., Respondents, v. RELIANCE ROCK COMPANY (a Corporation), Appellant. COUNSEL Bauer, MacDonald, Schultheis & Pettit, Fred E. Pettit, Jr., and A. S. Halsted, Jr., for Appellant. F. Ray Risdon, J. L. Kearney and Jas. D. Randles for Respondent. OPINION Pacht, […]

[Civ. No. 1505. Fourth Appellate District. October 11, 1934.] WILLIAM L. LENNON et al., Respondents, v. C. F. WOODBURY et al., Appellants. COUNSEL West & West for Appellants. Euler & Subith, Charles S. Swanner and Louis J. Euler for Respondents. OPINION Barnard, P. J. The respondents recovered judgment for injuries sustained by one of them […]

[Crim. No. 174. Fourth Appellate District. October 11, 1934.] THE PEOPLE, Respondent, v. ROY MYERS et al., Appellants. COUNSEL Arthur Frame for Appellants. U.S. Webb, Attorney-General, and Frank Richards, Deputy Attorney-General, for Respondent. OPINION Barnard, P. J. [1] The defendants were jointly charged with the crime of burglary. A jury found each defendant guilty of […]

[Civ. No. 1360. Fourth Appellate District. October 11, 1934.] FLORENCE CIANI, etc., Appellant, v. DUBUQUE FIRE & MARINE INSURANCE COMPANY (a Corporation), Respondent. COUNSEL Redman, Alexander & Bacon and Conley, Conley & Conley for Respondent. OPINION Marks, J. [1] Judgment in favor of defendant was entered in the court below on December 26, 1933, and […]

[Civ. No. 1361. Fourth Appellate District. October 11, 1934.] FLORENCE DI GIACOMO, Appellant, v. SOUTHERN PACIFIC COMPANY (a Corporation) et al., Respondents. COUNSEL Conley, Conley & Conley, Galen McKnight and Ray W. Hays for Respondents. OPINION Jennings, J. [1] In support of their motion to dismiss this appeal for failure of appellant to file a […]

[Civ. No. 5239. Third Appellate District. October 11, 1934.] ARTHUR TREPPA, Petitioner, v. JUSTICE’S COURT OF NUMBER THREE TOWNSHIP, COUNTY OF LAKE, et al., Respondents. COUNSEL Charles Kasch for Petitioner. Burt W. Busch for Respondents. OPINION Pullen, P. J. It appears from the petition for a writ of prohibition that Arthur Treppa is charged by […]

[Civ. No. 5064. Third Appellate District. October 11, 1934.] GEORGE SANFORD et al., Respondents, v. CHARLES S. GRADY et al., Appellants. COUNSEL George R. Freeman for Appellants Grady. Clark & Heafey, Chenoweth & Leininger and James W. Hughes for Appellants Steger. Jesse E. Nichols and Clifton Hildebrand for Respondents. OPINION Thompson, J. Separate appeals are […]

[Civ. No. 9361. Second Appellate District, Division Two. October 11, 1934.] STELLA L. HUGHES, Respondent, v. JOHN QUACKENBUSH et al., Appellants. COUNSEL George D. Higgins for Appellants. George L. Greer for Respondent. OPINION Yankwich, J., pro tem. Following the verdict of a jury, plaintiff had judgment for $7,500 for personal injuries suffered by her when […]

[Civ. No. 10044. Second Appellate District, Division Two. October 11, 1934] H. CONKLIN COON, Petitioner, v. E. W. BISCAILUZ, Respondent. COUNSEL William E. Dudney and A. L. Graham for Petitioner. Everett W. Mattoon and S. V. O. Prichard for Respondent. OPINION WILLIS, J., pro tem. The alternative writ of mandamus was issued herein directed to […]

[Civ. No. 1100. Fourth Appellate District. October 10, 1934.] ETHELYN B. ANDERSON, Respondent, v. GEO. L. BARNEY CO., INC., et al., Appellants. COUNSEL Stearns, Luce & Forward and Fred Kunzel for Appellants. George H. Stone for Respondent. OPINION Marks, J. Plaintiff recovered judgment for $1726.50, being $300 real estate commission paid defendants, and $1426.50 secret […]

[Civ. No. 1121. Fourth Appellate District. October 10, 1934.] THOMAS WHELAN, District Attorney, etc., Appellant, v. LeROY BAILEY, Public Administrator, etc., Respondent. COUNSEL Thomas Whelan, in pro. per., District Attorney, Frank T. Dunn, Chief Deputy District Attorney, and James B. Abbey and Carroll H. Smith, Deputies District Attorney, for Appellant. DeRiemer & Fischer and C. […]

[Civ. No. 5230. Third Appellate District. October 10, 1934.] HOBART ESTATE COMPANY (a Corporation) et al., Petitioners, v. STATE BOARD OF EQUALIZATION OF THE STATE OF CALIFORNIA et al., Respondents. COUNSEL J. Richard Townsend for Petitioners. U.S. Webb, Attorney-General, and H. H. Linney, Deputy Attorney-General, for Respondents. [1 Cal. App. 2d 329] OPINION Plummer, J. […]