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Articles 1 - 30 of 36
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In Re Bandmann, Jesse W. Carter
In Re Bandmann, Jesse W. Carter
Jesse Carter Opinions
An inmate's application for a writ of habeas corpus based upon an improper sentence being imposed was denied and the matter was remanded to the trial court for reconsideration of the sentence.
In Re Osslo [Dissent], Jesse W. Carter
In Re Osslo [Dissent], Jesse W. Carter
Jesse Carter Opinions
Two probationers could reject probation that they did not assent to at trial after the final appeal was decided because they never manifested acceptance of the terms of the probation, especially a prohibition from holding union offices.
Stockton Theatres, Inc, V. Palermo, Jesse W. Carter
Stockton Theatres, Inc, V. Palermo, Jesse W. Carter
Jesse Carter Opinions
A bond was necessary where evidence showed that a lessee moved his money out of state and placed it in his brother's name in order to "protect" it from attachment. The bond was to be allowed as a cost on appeal.
Los Angeles County Flood Control Dist. V. Southern California Edison Co. [Dissent], Jesse W. Carter
Los Angeles County Flood Control Dist. V. Southern California Edison Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
By accepting a franchise right in public streets, a utility was subject to an implied obligation to relocate its facilities at its own expense when necessary to make way for the laying of storm drains by a flood control district.
People V. Berve, Jesse W. Carter
People V. Berve, Jesse W. Carter
Jesse Carter Opinions
Threats and coercion by others than police rendered a confession later obtained by the police inadmissible because the right to a fair trial extended beyond police activity.
Tupper V. Superior Court Of Marin County [Dissent], Jesse W. Carter
Tupper V. Superior Court Of Marin County [Dissent], Jesse W. Carter
Jesse Carter Opinions
Where an accused's commitment was not based entirely on incompetent evidence, a writ of prohibition did not lie to review of the ruling of the magistrate on a procedural matter.
Laird V. T. W. Mather, Inc. [Dissent], Jesse W. Carter
Laird V. T. W. Mather, Inc. [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a personal injury action brought by a customer against a department store, the trial court committed reversible error by instructing the jury on the presumption of due care after the customer had testified as to her own acts and conduct.
M.C. Nelson, Et Al., V. C.H. Reisner, Jesse W. Carter
M.C. Nelson, Et Al., V. C.H. Reisner, Jesse W. Carter
Jesse Carter Opinions
Judgment in favor of lessee in lessors' breach of lease action was proper because it could not be said as a matter of law that there was no evidence that the lessee had used good and farmer-like methods in developing the leased property.
In Re Petersen [Dissent], Jesse W. Carter
In Re Petersen [Dissent], Jesse W. Carter
Jesse Carter Opinions
Ordinances allowing a police chief to designate exclusive taxicab stands and prohibiting competing companies from standing therein, was a valid exercise of a municipality's police power and was not invalidly discriminatory.
San Francisco V. Ho Sing, Jesse W. Carter
San Francisco V. Ho Sing, Jesse W. Carter
Jesse Carter Opinions
Municipality had a right to recover indemnity from property owners for the amount it was compelled to pay a pedestrian for injuries received when she fell over a defective skylight in a sidewalk in front of the abutting property owners' premises.
People Ex Rel. Averna V. Palm Springs [Dissent], Jesse W. Carter
People Ex Rel. Averna V. Palm Springs [Dissent], Jesse W. Carter
Jesse Carter Opinions
Judgment was entered in favor of a city in a quo warranto action challenging the annexation of uninhabited land because annexation was not unreasonable, and the permissible shape, character, and extent of the annexed land was a political question.
Guerrieri V. Severini, Jesse W. Carter
Guerrieri V. Severini, Jesse W. Carter
Jesse Carter Opinions
Where seller repudiated a contract for goods, buyer had the right to treat the declaration as a wrongful renunciation of the contract and obtain similar goods to fulfill the obligation, then seek damages from the seller for the increased cost.
California Gasoline Retailers V. Regal Petroleum Corp., Jesse W. Carter
California Gasoline Retailers V. Regal Petroleum Corp., Jesse W. Carter
Jesse Carter Opinions
Promotional give-away program was not a lottery for lack of consideration where tickets were widely distributed to customers and non-customers, and no product or ticket purchase was necessary.
Kollert V. Cundiff [Dissent], Jesse W. Carter
Kollert V. Cundiff [Dissent], Jesse W. Carter
Jesse Carter Opinions
A jury instruction on contributory negligence with respect to an adult passenger was prejudicial where the jury might have believed that the driver's negligence was attributable to the adult riding in the car.
Deshotel V. Atchison, T. & S. F. R. Co. [Dissent], Jesse W. Carter
Deshotel V. Atchison, T. & S. F. R. Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Where the legislature had not changed the common law rule that a wife could not recover for the loss of consortium resulting from her husband's negligent injury, the wife had no claim for such losses against those who caused her husband's injury.
Gomez V. Superior Court Of Mendocino County, Jesse W. Carter
Gomez V. Superior Court Of Mendocino County, Jesse W. Carter
Jesse Carter Opinions
Where petitioners were charged with grand theft, but the jury found them guilty only of petty theft, which judgment was reversed on appeal, they could not later be retried for grand theft, because double jeopardy protections attached.
Alarid V. Vanier [Dissent], Jesse W. Carter
Alarid V. Vanier [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although a driver rear-ended another car, there was sufficient evidence for a jury to conclude that the driver took reasonable steps to maintain his brakes, and therefore the driver was able to overcome the statutory presumption of negligence.
Peiser V. Mettler, Jesse W. Carter
Peiser V. Mettler, Jesse W. Carter
Jesse Carter Opinions
A change of venue was inappropriate because the lessor's suit was not local, the lessee was a proper and necessary party who resided in the county where the suit was filed, and the lease terms were unambiguous not requiring further evidence.
People V. Friend [Dissent], Jesse W. Carter
People V. Friend [Dissent], Jesse W. Carter
Jesse Carter Opinions
The comments of the judge were in keeping with the Constitution and the established limitations on his power, and there was no sound basis for concluding that the question of penalty was not fairly tried.
Volf V. Ocean Acci. & Guarantee Corp. [Dissent], Jesse W. Carter
Volf V. Ocean Acci. & Guarantee Corp. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Insureds were not entitled to damages for cost of replacing defective stucco where they sought coverage excluded in policy; defective stucco in house they constructed and sold was property in their care, custody, or control.
Gonzales V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Gonzales V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
It was not error to rate a claimant's pre-existing deaf-muteness at half of the standard ratings for deafness and muteness caused by an industrial accident because the claimant had worked for many years with his condition.
People V. Wein [Dissent], Jesse W. Carter
People V. Wein [Dissent], Jesse W. Carter
Jesse Carter Opinions
The death penalty for the crime of kidnapping to commit robbery if the victim suffers bodily harm applied where the removal was between the rooms in a dwelling. It was the fact, not the distance, of forcible removal that constituted kidnapping.
Smith V. Bull, Jesse W. Carter
Smith V. Bull, Jesse W. Carter
Jesse Carter Opinions
A partner that dissolved a partnership and took its goodwill, only customer, and employees with him to start a new business was liable to a deceased partner for half of the value of the goodwill because it continued to exist after the dissolution.
People V. Lyons [Dissent], Jesse W. Carter
People V. Lyons [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's conviction of receiving stolen property was proper because evidence was sufficient to corroborate the testimony of accomplice witnesses where defendant was in possession of stolen property and gave evasive answers as to ownership.
Trust V. Arden Farms Co. [Dissent], Jesse W. Carter
Trust V. Arden Farms Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
The doctrine of res ipsa loquitur was not applicable where defendant relinquished all control of the instrumentality that caused the injury and the plaintiff failed to show that its condition did not change since defendant relinquished control.
County Of Placer V. Aetna Casualty & Surety Co., Jesse W. Carter
County Of Placer V. Aetna Casualty & Surety Co., Jesse W. Carter
Jesse Carter Opinions
A judicial district judge was not absolutely liable under a statute for his clerk's embezzlement of county funds because he did not direct or countenance her conduct, and a more specific statute made him liable only on the basis of negligence.
People V. Tahtinen [Dissent], Jesse W. Carter
People V. Tahtinen [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a drug possession case, the court held that the police had reasonable cause to search defendant because three suspects informed the police that defendant was the one who sold them their drugs.
People V. Osslo [Dissent], Jesse W. Carter
People V. Osslo [Dissent], Jesse W. Carter
Jesse Carter Opinions
Sufficient evidence supported the conviction of eight criminal defendants for conspiracy and assault when they beat up the retail clerk union's business agent who reportedly infringed on the butcher union's business.
Johnston V. Claremont [Dissent], Jesse W. Carter
Johnston V. Claremont [Dissent], Jesse W. Carter
Jesse Carter Opinions
Amendment to zoning ordinance was invalid, as the act of amending a general zoning ordinance to change certain property from one zone to another was an act pursuant to the city's legislative capacity, which was subject to referendum.
Vater V. County Of Glenn [Dissent], Jesse W. Carter
Vater V. County Of Glenn [Dissent], Jesse W. Carter
Jesse Carter Opinions
Governmental immunity barred a wrongful death action brought against an irrigation district by an injured party for the deaths of her husband and son, who were killed when they drove into a canal from a bridge that contained no warning devices