Category: California Courts of Appeal Opinions

[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 […]

[Civ. No. 5161. Third Appellate District. September 28, 1934.] E. S. WILLISTON et al., Appellants, v. CITY OF YUBA CITY (a Municipal Corporation), Respondent. COUNSEL Ray Manwell and McDaniel & Mahon for Appellants. Loyd E. Hewitt for Respondent. OPINION Thompson, J. From a judgment which was rendered against the plaintiffs in a suit to cancel […]

[Civ. No. 9207. First Appellate District, Division Two. September 28, 1934.] HARRY LESSER, Respondent, v. CHARLES J. COLLINS, as Registrar of Voters, etc., Appellant. COUNSEL John J. O’Toole, City Attorney, and Edmond P. Bergerot, Deputy City Attorney, for Appellant. Morgan J. Doyle for Respondent. OPINION Nourse, P. J. This is an appeal from a peremptory […]

[Civ. No. 8927. First Appellate District, Division One. September 28, 1934.] JOHN HARVELD, Respondent, v. MRS.E. MILANI et al., Appellants. COUNSEL Hadsell, Sweet & Ingalls and Robert L. Lamb for Appellants. Frank B. Thompson for Respondent. OPINION Knight, J. An automobile belonging to the defendant MrS.E. Milani and driven by her daughter, Adele Milani, with […]

[Civ. No. 8715. First Appellate District, Division One. September 28, 1934.] CELESTE POZZOBON, Appellant, v. JOHN O’DONNELL et al., Respondents. COUNSEL Henri Burkard, Edmund Scott and Albert Picard for Appellant. Gus L. Baraty for Respondents. OPINION Knight, J. Plaintiff was awarded $1500 damages by a jury, and judgment was entered accordingly. Subsequently the trial court […]

[Civ. No. 1115. Fourth Appellate District. September 27, 1934.] KATIE KARLE, Respondent, v. JAMES A. REED et al., Appellants. COUNSEL Joe Crider, Jr., Clarence B. Runkle and Harry P. Sweet for Appellants. Glen H. Munkelt for Respondent. OPINION Marks, J. The plaintiff was injured on January 20, 1933, while riding as a passenger of William […]

[Civ. No. 1058. Fourth Appellate District. September 27, 1934.] GEO. L. FLAGG, Trustee in Bankruptcy, etc., Appellant, v. HARRISON G. SLOANE et al., Respondents. COUNSEL Ed. P. Sample and William H. Wylie for Appellant. Hamilton, Lindley & Higgins and Harrison G. Sloane for Respondents. OPINION Marks, J. This is an action to recover $120,000 unpaid […]

[Civ. No. 9828. Second Appellate District, Division Two. September 27, 1934.] M. BURNETT SONTAG, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent. COUNSEL Denio, Hart, Taubman & Simpson for Petitioner. Doyle, Clark, Thomas & Johnson, Everett W. Mattoon, County Counsel, and Beach Vasey, Deputy County Counsel, for Respondent. OPINION Willis, J., pro tem. […]

[Civ. No. 9867. Second Appellate District, Division Two. September 27, 1934.] CITY OF PASADENA (a Municipal Corporation), Petitioner, v. BESSIE CHAMBERLAIN, as City Clerk, etc., Respondent. COUNSEL Harold P. Huls, City Attorney, and John W. Holmes, Deputy City Attorney, for Petitioner. Cruickshank, Brooke & Evans for Respondent. Orrick, Palmer & Dahlquist, as Amici Curiae on […]

[Civ. No. 9259. First Appellate District, Division Two. September 27, 1934.] C. A. HOOPER & CO., (a Corporation), Appellant, v. FREEMAN, SMITH & CAMP CO., (a Corporation), Respondent. COUNSEL McKee, Tasheira & Wahrhaftig for Appellant. Bacigalupi, Elkus & Salinger for Respondent. OPINION Spence, J. Plaintiff filed a “Complaint for Money” seeking to recover the sum […]

[Civ. No. 8910. First Appellate District, Division One. September 27, 1934.] MATILDA MORRIS, Appellant, v. PURITY SAUSAGE COMPANY et al., Respondents. COUNSEL Ingemar E. Hoberg for Appellant. Cooley, Crowley & Supple for Respondents. OPINION The Court. [1] Appellant by motion sought an order for the diminution of the record on appeal so as to include […]

[Civ. No. 8916. First Appellate District, Division One. September 27, 1934.] GRACE M. SALMON, Appellant, v. JOHN J. ALLEN, Jr., et al., Respondents. COUNSEL Aaron Turner and John Felton Turner for Petitioner. Earl Warren, District Attorney, Ralph E. Hoyt, Chief Assistant District Attorney, and Agnes R. Polsdorfer, Deputy District Attorney, for Respondents. OPINION The Court. […]

[Crim. No. 263. Fourth Appellate District. September 26, 1934.] THE PEOPLE, Appellant, v. LEE CAMPBELL et al., Respondents. COUNSEL U.S. Webb, Attorney-General, Frank Richards, Deputy Attorney-General, Elmer W. Heald, District Attorney, and D. H. Wolford, Deputy District Attorney, for Appellant. [1 Cal. App. 2d 111] Buel R. Wood, W. I. Wilson and Frank Birkhauser for […]

[Crim. No. 2569. Second Appellate District, Division Two. September 26, 1934.] THE PEOPLE, Respondent, v. ALFRED C. DuFAULT, Appellant. COUNSEL Lester V. Peterman and W. C. Dalzell for Appellant. U.S. Webb, Attorney-General, and Warner I. Praul, Deputy Attorney-General, for Respondent. OPINION Scott, J., pro tem. Defendant was convicted of the crime of bigamy. On appeal […]

[Civ. No. 8021. Second Appellate District, Division One. HELEN KINGSBURY, Respondent, v. JAMES E. WHITACRE et al., Defendants; KATE SAATHOFF, Appellant. COUNSEL Wheeler & Wackerbarth and L. H. Phillips for Appellant. Jennings & Belcher for Respondent. OPINION Hahn, J., pro tem. Kate Saathoff, one of the defendants in the above-entitled action, which was upon a […]

[Civ. No. 1162. Fourth Appellate District. September 25, 1934.] STANLEY M. GUE, as Deputy of the Chief of the Division of Labor Statistics, etc., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY et al., Respondents. COUNSEL Arthur L. Johnson for Petitioner. Thomas Whelan, District Attorney, and Edward W. Goodman, Deputy District Attorney, for Respondents. […]

[Civ. No. 1142. Fourth Appellate District. September 25, 1934.] In the Matter of the Estate of LOUIS V. OLCESE, Deceased. OLCESE KRAMER, Appellant, v. JENNIE CAUZZA et al., Administrators, etc., Respondents. COUNSEL Edwin H. Williams and Rowen Irwin for Appellant. W. H. Metson, Preston & Braucht and Borton & Petrini for Respondents. Harvey & Johnson […]

[Civ. No. 1141. Fourth Appellate District. September 25, 1934.] In the Matter of the Estate of LOUIS V. OLCESE, Deceased. OLCESE KRAMER, Appellant, v. JENNIE CAUZZA et al., as Administrators, etc., Respondents. COUNSEL Edwin H. Williams and Rowen Irwin for Appellant. W. H. Metson, Preston & Braucht and Borton & Petrini for Respondents. Harvey & […]

[Civ. No. 8926. First Appellate District, Division Two. September 25, 1934.] JUSTIN GUTTER, Appellant, v. MYRON NIESLEY, Respondent. COUNSEL Ford & Johnson for Appellant. Ralph E. Bancroft and R. G. Partridge for Respondent. OPINION Nourse, P. J. This appeal presents the common case of two operators of motor vehicles each trying to beat the other […]

[Civ. No. 1098. Fourth Appellate District. September 24, 1934.] C. C. NORTH, Respondent, v. LILLIAN E. EVANS, Appellant. COUNSEL Frank J. Macomber for Appellant. S. G. North for Respondent. OPINION Marks, J. On December 13, 1927, Lillian E. Evans gave E. D. Wilkinson her promissory note for $700, due 180 days after date. On March […]

[Crim. No. 266. Fourth Appellate District. September 24, 1934.] THE PEOPLE, Respondent, v. GUADALUPE M. FLORES, Appellant. COUNSEL Davies & Wallace for Appellant. U.S. Webb, Attorney-General, and Paul D. McCormick, Deputy Attorney-General, for Respondent. OPINION Barnard, P. J. The defendant was charged with having murdered one Julio Contreras in the city of Oceanside, on December […]

[Civ. No. 4903. Third Appellate District. September 24, 1934.] MAGGIE E. DRYDEN, as Administratrix, etc., Appellant, v. WESTERN PACIFIC RAILROAD COMPANY (a Corporation), Respondent. COUNSEL J. Oscar Goldstein for Appellant. C. W. Dooling, Edwin V. McKenzie and H. B. Wolfe for Respondent. OPINION Pullen, P. J. Plaintiff, as administratrix, brought an action under the provisions […]

[Civ. No. 5179. Third Appellate District. September 24, 1934.] SAM LIMA, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION, JOHN LUTERAN et al., Respondents. COUNSEL Ralph H. Lewis and Glenn West for Petitioner. Everett A. Corten for Respondents. OPINION Plummer J. This cause is before us upon the application of the above-named petitioner to review an award made […]