Category: California Courts of Appeal Opinions

[Civ. No. 9132. First Appellate District, Division Two. October 10, 1934.] CALIFORNIA PACIFIC TITLE & TRUST COMPANY (a Corporation), Respondent, v. J. J. MacARTHUR et al., Defendants; COLUMBIA CASUALTY COMPANY (a Corporation), Appellant. COUNSEL Redman, Alexander & Bacon and Herbert Chamberlin for Appellant. Henry E. Monroe and Robert A. Woodyard for Respondent. [1 Cal. App. […]

[Civ. No. 9118. First Appellate District, Division Two. October 10, 1934.] CITY OF MOUNTAIN VIEW (a Municipal Corporation), Appellant, v. SOUTHERN PACIFIC RAILROAD COMPANY (a Corporation) et al., Respondents. COUNSEL E. L. Maxwell and Kirkbride, Wilson & Brooks for Appellant. Louis Oneal, Arthur G. Shoup, Frank Thunen, Larkin, Rathbone & Perry and Millbank, Tweed, Hope […]

[Civ. No. 1109. Fourth Appellate District. October 9, 1934.] ETHOL M. McLENNAN, Respondent, v. HALL G. HOLDER, Appellant. COUNSEL Wright, Monroe, Thomas & Glenn for Appellant. A. R. Honnold for Respondent. OPINION Marks, J. This is an appeal from a judgment in the sum of $7,500 rendered by the court sitting without a jury against […]

[Civ. No. 8611. Second Appellate District, Division Two. October 9, 1934.] HELEN CLARK, Appellant, v. MOUNTAIN STATES LIFE INSURANCE COMPANY, Respondent. COUNSEL D. Chase Rich for Appellant. J. B. Irsfeld and Douglas Fawcett for Respondent. OPINION Schmidt, J., pro tem. On the twenty-fifth day of October, 1928, appellant and respondent entered into a temporary agreement […]

[Civ. No. 8604. Second Appellate District, Division Two. October 9, 1934.] J. A. SMITH, Appellant, v. PAUL N. WILSON et al., Defendants; SMITH and GRAHAM, Respondents. COUNSEL Hyams & Himrod and Mark A. Hall for Appellant. Raphael Dechter for Respondents. OPINION Scott, J., pro tem. Plaintiff sued to recover certain personal property and obtained judgment […]

[Civ. No. 9896. Second Appellate District, Division Two. October 9, 1934.] RALPH E. CAPRON, Petitioner and Respondent, v. PACIFIC SOUTHWEST DISCOUNT CORPORATION (a Corporation) et al., Respondents and Appellants. COUNSEL Kenyon F. Lee for Petitioner and Respondent. Elmer P. Bromley and H. E. Lindersmith for Respondents and Appellants. OPINION Desmond, J. A writ of mandamus […]

[Civ. No. 8654. Second Appellate District, Division Two. October 9, 1934.] W. C. SMITH. Respondent, v. BOARD OF POLICE COMMISSIONERS OF THE CITY OF LOS ANGELES et al., Appellants. COUNSEL Ray L. Chesbro, City Attorney, Erwin P. Werner, City Attorney, Frederick von Schrader, Assistant City Attorney, and G. Ellsworth Meyer, Deputy City Attorney, for Appellants. […]

[Crim. No. 2520. Second Appellate District, Division Two. October 9, 1934] THE PEOPLE, Respondent, v. FRANK C. LANGDON et al., Defendants; JOHN C. THORN, Appellant. COUNSEL Caryl Warner for Appellant. U.S. Webb, Attorney-General, Frank Richards, Deputy Attorney-General, Buron Fitts, District Attorney, John Barnes and Alexander H. Van Cott for Respondent. OPINION Archbald, J., pro tem. […]

[Crim. No. 274. Fourth Appellate District. October 6, 1934.] In the Matter of the Application of MIGUEL GUTIERREZ, Jr., for a Writ of Habeas Corpus. COUNSEL James M. Carter and Grover C. Johnson for Petitioner. Elmer W. Heald, District Attorney, for Respondent. OPINION Jennings, J. This is an application for a writ of habeas corpus. […]

Fourth Appellate District. October 6, 1934.] fn. *In the Matter of the Application of EMMA CUTLER for a Writ of Habeas Corpus. COUNSEL James M. Carter, Harry Wirin, J. Allan Frankel, David Ziskind, Grover Johnson and Leo Gallagher for Petitioner. Elmer W. Heald, District Attorney, for Respondent. OPINION Jennings, J. Petitioner was convicted in the […]

[Civ. No. 4966. Third Appellate District. October 6, 1934.] ANDREW SMARDA et al., Respondents, v. FRUIT GROWERS’ SUPPLY COMPANY (a Corporation) et al., Defendants; CLARK A. MORSE et al., Appellants. COUNSEL M. J. Cheatham and Carr & Kennedy for Appellants. J. Oscar Goldstein for Respondents. OPINION The Court. This appeal, from a judgment upon a […]

[Crim. No. 2521. Second Appellate District, Division One. October 6, 1934.] THE PEOPLE, Respondent, v. LEO PAZ et al., Defendants; JOHN LOPEZ et al., Appellants. COUNSEL Frederic H. Vercoe, Public Defender, and George A. Benedict, Deputy Public Defender, for Appellants. U.S. Webb, Attorney-General, and Alberta Belford, Deputy Attorney-General, for Respondent. OPINION The Court. Appellants Lopez […]

[Civ. No. 8612. Second Appellate District, Division One. October 5, 1934.] CHARLES OLSON, Appellant, v. GEORGE R. COMBS, Respondent. COUNSEL Chas. G. Young and E. L. Medler for Appellant. W. I. Gilbert for Respondent. OPINION Schauer, J., pro tem. Plaintiff, as a pedestrian, during daylight hours, attempted to cross a congested city street in a […]

[Crim. No. 1393. Third Appellate District. October 5, 1934.] In the Matter of the Application of A. WACHOLDER for a Writ of Habeas Corpus. COUNSEL James F. Gaffney for Petitioner. Hugh B. Bradford, City Attorney, and B. F. Van Dyke for Respondent. OPINION Plummer, J. On the twenty-fifth day of July, 1934, the above-named petitioner […]

[Civ. No. 4958. Third Appellate District. October 5, 1934.] J. H. KERBY, Appellant, v. ELK GROVE UNION HIGH SCHOOL DISTRICT et al., Respondents. COUNSEL Butler, Van Dyke & Harris for Appellant. Neil R. McAllister, District Attorney, and Guy P. Johnson, Assistant District Attorney, for Respondents. [1 Cal. App. 2d 248] OPINION Thompson, J. The plaintiff […]

[Civ. No. 5219. Third Appellate District. October 4, 1934.] ANTHONY PARENTE, Petitioner, v. THE STATE BOARD OF EQUALIZATION OF THE STATE OF CALIFORNIA, Respondent. COUNSEL Wallace Shepherd, William B. Hornblower and R. C. Fleming for Petitioner. U.S. Webb, Attorney-General, and Ralph H. Cowing, Deputy Attorney-General, for Respondent. [1 Cal. App. 2d 240] OPINION Plummer, J. […]

[Civ. No. 5065. Third Appellate District. October 3, 1934.] E. E. BAKER, Respondent, v. JAMES F. PECK, Appellant. COUNSEL Andrew R. Schottky and Elizabeth M. Maxwell for Appellant. F. M. Ostrander and Hugh H. Griswold for Respondent. OPINION Pullen, P. J. This is an action brought by plaintiff against defendant for recovery of compensatory and […]

[Crim. No. 2557. Second Appellate District, Division Two. October 3, 1934.] THE PEOPLE, Respondent, v. JOHN E. DILLON, Appellant. COUNSEL Benno M. Brink for Appellant. U.S. Webb, Attorney-General, and Alberta Belford, Deputy Attorney-General, for Respondent. OPINION Willis, J., pro tem. In an indictment, appellant was charged with three counts of grand theft, the first charging […]

[Crim. No. 2581. Second Appellate District, Division Two. October 3, 1934.] THE PEOPLE, Respondent, v. FORREST POWELL et al., Appellants. COUNSEL George E. Cloud and W. C. Dalzell for Appellants. U.S. Webb, Attorney-General, and Bayard Rhone, Deputy Attorney-General, for Respondent. OPINION Scott, J., pro tem. Defendants were convicted by the court without a jury of […]

[Civ. No. 9053. First Appellate District, Division One. October 2, 1934] LORRAINE RILEY, Respondent, v. BERKELEY MOTORS INC. (a Corporation) et al., Appellants. COUNSEL Kirke La Shelle, Jr., for Appellants. Dutton & Gilkey and Errol C. Gilkey for Respondent. OPINION The Court. An action to recover damages for personal injuries alleged to have been caused […]

[Civ. No. 5125. Third Appellate District. October 1, 1934.] LOLA MAY CASEY et al., Respondents, v. JOSEPH A. GRITSCH et al., Appellants. COUNSEL Elliott, Atkinson & Sitton and Christopher M. Bradley for Appellants. Downey, Brand & Seymour, T. L. Chamberlain and Shannon Turner for Respondents. OPINION Plummer, J. In this action prosecuted by the widow […]

[Civ. No. 9075. First Appellate District, Division One. October 1, 1934.] THOMAS TREACY, Appellant, v. SUNRISE LAUNDRY CO. et al., Respondents. COUNSEL Elliott Johnson and D. W. Brobst for Appellant. Donahue, Hynes & Hamlin for Respondents. OPINION The Court. An action to recover damages for personal injuries alleged to have been caused by defendants’ negligence. […]

[Crim. No. 2540. Second Appellate District, Division Two. September 30, 1934.] In the Matter of the Application of R. G. LASSWELL for a Writ of Habeas Corpus. COUNSEL J. Wesley Cupp for Petitioner. John K. Hull and D. A. Boone for Respondent. OPINION Stephens, P. J. The petitioner herein is charged with five counts of […]

[Civ. No. 5116. Third Appellate District. September 28, 1934.] TECLA M. HOSKING, Appellant, v. E. E. DANFORTH, Respondent. COUNSEL Fred J. Harris and James A. Nutting for Appellant. [1 Cal. App. 2d 180] Gerald M. Desmond and Stanley W. Reckers for Respondent. OPINION Deirup, J., pro tem. This action arose out of a collision after […]

[Crim. No. 1391. Third Appellate District. September 28, 1934.] THE PEOPLE, Respondent, v. WILLIAM C. WOODS, Appellant. COUNSEL R. C. Colombe for Appellant. U.S. Webb, Attorney-General, and Ralph H. Cowing, Deputy Attorney-General, for Respondent. OPINION Thompson, J. The defendant was convicted of the crime of robbery of the second degree. On appeal it is contended […]