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Articles 1 - 30 of 66
Full-Text Articles in Law
Henderson V. Drake [Dissent], Jesse W. Carter
Henderson V. Drake [Dissent], Jesse W. Carter
Jesse Carter Opinions
The court properly denied defendant's motion to dissolve an attachment because attachment remained effective after rendition of judgment for defendant until there was no longer a right to appeal and plaintiff still had chance to perfect an appeal.
Aetna Casualty & Sur. Co. V. Pacific Gas & Elec. Co. [Dissent], Jesse W. Carter
Aetna Casualty & Sur. Co. V. Pacific Gas & Elec. Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Action brought by compensation insurance carrier to recover insured's employee's general tort damages for an industrial injury caused by corporation was barred by special statute setting a one-year statute of limitations.
Berger V. O'Hearn [Dissent], Jesse W. Carter
Berger V. O'Hearn [Dissent], Jesse W. Carter
Jesse Carter Opinions
A creditor's action against estate to recover debt owed by decedent was time barred, as it was not filed against the administrator within the statute of limitations, and filing a claim with the probate court did not amount to commencing an action.
Leo V. Dunham [Dissent], Jesse W. Carter
Leo V. Dunham [Dissent], Jesse W. Carter
Jesse Carter Opinions
A driver was entitled to a jury instruction on the doctrine of imminent peril in a pedestrian's negligence action because the driver may not have anticipated that the pedestrian would not yield the right of way as he walked across the highway.
People V. Braddock [Dissent], Jesse W. Carter
People V. Braddock [Dissent], Jesse W. Carter
Jesse Carter Opinions
An alleged conflict between the information and the evidence was not grounds for reversal of defendant's conviction where the substance of the indictment was sufficient to give defendant notice of the offense of which he was accused.
In Re Dixon [Dissent], Jesse W. Carter
In Re Dixon [Dissent], Jesse W. Carter
Jesse Carter Opinions
Writ of habeas corpus was denied to petitioner convicted of counterfeiting because he was not entitled to a consideration of claims that were based upon his version of the conflicting evidence which could have been, but were not, raised on appeal.
Employers Mut. Liability Ins. Co. V. Industrial Acci. Com., Jesse W. Carter
Employers Mut. Liability Ins. Co. V. Industrial Acci. Com., Jesse W. Carter
Jesse Carter Opinions
An employee's injuries sustained when he fell to the floor as a result of an idiopathic seizure arose out of his employment where the injuries occurred at work and on his employer's premises.
Garcia V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Garcia V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
The department of employment lien for unemployment disability benefits against a settlement between a worker and a worker's compensation carrier for the worker's alleged industrial disability was prima facie that the lien should attach.
Mccracken V. Teets [Dissent], Jesse W. Carter
Mccracken V. Teets [Dissent], Jesse W. Carter
Jesse Carter Opinions
A trial court's refusal to issue a writ of mandate to compel a warden to inquire into the sanity of a prisoner under a death sentence did not have to be set aside on the basis of a misapprehension of the warden's duty or lack of express findings.
Burge V. San Francisco [Dissent], Jesse W. Carter
Burge V. San Francisco [Dissent], Jesse W. Carter
Jesse Carter Opinions
Plaintiff minor child, by his father, was not entitled to sue defendant city to recover damages for personal injuries because the minor child's mother, having the care of the minor child, had the authority to compromise the claim in question.
Safeway Stores V. Retail Clerks Int'l Ass'n [Dissent], Jesse W. Carter
Safeway Stores V. Retail Clerks Int'l Ass'n [Dissent], Jesse W. Carter
Jesse Carter Opinions
Under state law, the clerks' unions did not have the right to engage in concerted activities against a store for the purpose of requiring store managers to be included in the labor contract of the clerks.
Dietrich V. Dietrich [Dissent], Jesse W. Carter
Dietrich V. Dietrich [Dissent], Jesse W. Carter
Jesse Carter Opinions
Because a husband was aware that his wife's divorce from a previous husband was of questionable validity, the husband was estopped from denying the validity of the divorce in the wife's action for separate maintenance.
Estate Of Duke [Dissent], Jesse W. Carter
Estate Of Duke [Dissent], Jesse W. Carter
Jesse Carter Opinions
The widower was not entitled to receive a portion of his wife's estate, when the language in her will showed her intent not to provide for him in the will, even though the language in the will did not specifically name the widower.
People V. Thomas [Dissent], Jesse W. Carter
People V. Thomas [Dissent], Jesse W. Carter
Jesse Carter Opinions
Instruction on lying in wait did not require a showing of intent to fix the degree and instruction distinguishing first and second degree murder in addition to the lying in wait instruction was sufficient.
Estate Of Sargavak, Jesse W. Carter
Estate Of Sargavak, Jesse W. Carter
Jesse Carter Opinions
While declarations of the testator before and after the execution of a will were admissible for the purpose of showing intent, they were not admissible for the purpose of proving the meaning the testator attributed to specific provisions.
People V. Lawrance, Jesse W. Carter
People V. Lawrance, Jesse W. Carter
Jesse Carter Opinions
There was sufficient evidence for the jury to infer that a victim's death was not accidental where the victim had been struck six times on the head with the same instrument.
Connor V. Grosso [Dissent], Jesse W. Carter
Connor V. Grosso [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant who dumped dirt on a landowner's property could not be required to pay for removal of the dirt dumped by others because defendant did not act in concert with the other persons dumping dirt on the land.
People V. Haeussler [Dissent], Jesse W. Carter
People V. Haeussler [Dissent], Jesse W. Carter
Jesse Carter Opinions
At trial on charges of manslaughter and driving a vehicle under the influence of intoxicating liquor, admission of testimony concerning the results of a blood test taken without defendant's consent did not deprive her of due process of law.
Brown V. Jensen, Jesse W. Carter
Brown V. Jensen, Jesse W. Carter
Jesse Carter Opinions
A seller with a subordinate purchase money trust deed could not bring an action on an associated promissory note after a foreclosure by the holder of a first purchase money trust deed left the seller's deed valueless.
Estate Of Ferrall [Dissent], Jesse W. Carter
Estate Of Ferrall [Dissent], Jesse W. Carter
Jesse Carter Opinions
The court reversed a decision requiring a co-trustee to determine the amounts necessary and sufficient to pay for the incompetent beneficiary's necessary needs, and to invade the corpus if required; no abuse of discretion by co-trustee was shown.
Gray V. Brinkerhoff [Dissent], Jesse W. Carter
Gray V. Brinkerhoff [Dissent], Jesse W. Carter
Jesse Carter Opinions
A judgment against a pedestrian was reversed and the driver was held negligent as a matter of law where he failed to exercise his statutory duty to watch for pedestrians in crosswalks.
Estate Of Arbulich [Dissent], Jesse W. Carter
Estate Of Arbulich [Dissent], Jesse W. Carter
Jesse Carter Opinions
Reciprocal inheritance rights prescribed by the probate code did not exist between residents and citizens of the U.S. and those of Yugoslavia as to real or personal property. Thus, the decedent's Yugoslav brother could not share in the estate.
Barrett V. Claremont [Dissent], Jesse W. Carter
Barrett V. Claremont [Dissent], Jesse W. Carter
Jesse Carter Opinions
A one-half inch ridge covered with dirt over a sidewalk was too trivial of a sidewalk defect to impute negligence to the city for the failure to correct the ridge.
Turner V. Mellon [Dissent], Jesse W. Carter
Turner V. Mellon [Dissent], Jesse W. Carter
Jesse Carter Opinions
An employer and its employee were not liable for false arrest and false imprisonment where an arrestee was taken into custody after the employee honestly but mistakenly identified the arrestee as a robber.
Talley V. Northern San Diego County Hospital Dist. [Dissent], Jesse W. Carter
Talley V. Northern San Diego County Hospital Dist. [Dissent], Jesse W. Carter
Jesse Carter Opinions
The governmental nature of a hospital district's activities as a public agency made it immune from liability in tort for a patient's personal injuries resulting from employee negligence when the patient suffered burns while under care for childbirth.
Jones V. Martin, Jesse W. Carter
Jones V. Martin, Jesse W. Carter
Jesse Carter Opinions
Union and second attorney ceased to be constructive trustees upon first attorney's waiver of or estoppel to assert his attorney's lien or equitable interest in a fund recovered on behalf of client.
Estate Of Jamison, Jesse W. Carter
Estate Of Jamison, Jesse W. Carter
Jesse Carter Opinions
Evidence produced by contestants that a testator had difficulty with figures and that cherished family members received little under a holographic will was sufficient to create a triable issue of fact on the issue of undue influence.
People V. Daugherty, Jesse W. Carter
People V. Daugherty, Jesse W. Carter
Jesse Carter Opinions
First-degree murder conviction was upheld when the intent to torture was established and the jury dismissed the insanity defense when the defendant failed to establish his insanity by a preponderance of the evidence.
Fraenkel V. Bank Of America Nat'l Trust & Sav. Asso. [Dissent], Jesse W. Carter
Fraenkel V. Bank Of America Nat'l Trust & Sav. Asso. [Dissent], Jesse W. Carter
Jesse Carter Opinions
It was an abuse of discretion for the trial court to deny the contractor leave to amend his complaint because the complaint was susceptible of amendment to set forth the factors necessary to show that contractor was not required to have a license.
Weitzenkorn V. Lesser [Dissent], Jesse W. Carter
Weitzenkorn V. Lesser [Dissent], Jesse W. Carter
Jesse Carter Opinions
In action for misappropriation of plaintiff's literary composition through the production of a movie by defendants, the court upheld the demurrers on a count based upon express contract and on a implied in fact contract.