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Articles 1 - 30 of 59
Full-Text Articles in Law
Estate Of Heard, Jesse W. Carter
Estate Of Heard, Jesse W. Carter
Jesse Carter Opinions
Trial court properly ordered trustee to pay monthly income to income beneficiary under will requiring payment to individuals or their lawful issue, as testatrix's will was allowed to include adopted children who were adopted after testatrix's death.
People V. Granados [Dissent], Jesse W. Carter
People V. Granados [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant was entitled to modification of his conviction of first degree murder to second degree murder because no competent evidence established that he engaged in sexual molestation of a child under the age of 14.
Ambriz V. Petrolane, Ltd., Jesse W. Carter
Ambriz V. Petrolane, Ltd., Jesse W. Carter
Jesse Carter Opinions
Parents' wrongful death judgments for deaths of their children due to an explosion in their home was upheld against a gas distributor who was liable for independent contractors it employed to deliver the gas, an abnormally dangerous activity.
Christian Nationalist Party V. Jordan [Dissent], Jesse W. Carter
Christian Nationalist Party V. Jordan [Dissent], Jesse W. Carter
Jesse Carter Opinions
Dismissal of an action to invalidate a statute governing the requirements a political party must meet before their party could be listed on an election ballot was proper because the statute was not unreasonably designed to advance a public purpose.
Socialist Party V. Jordan [Dissent], Jesse W. Carter
Socialist Party V. Jordan [Dissent], Jesse W. Carter
Jesse Carter Opinions
Action against Secretary of State to secure declaration as to validity of Elec. Code, ยง 2540, prescribing requirements to be met by a political party before it may participate in a primary election. Judgment of dismissal after sustaining general demurrer to complaint without leave to amend affirmed.
Estate Of Fallon [Dissent], Jesse W. Carter
Estate Of Fallon [Dissent], Jesse W. Carter
Jesse Carter Opinions
A widow was not entitled to a family allowance upon decedent's death because the widow had previously been awarded support for one year, and she did not show that circumstances had changed so that she was entitled to additional support.
Fox V. Aced [Dissent], Jesse W. Carter
Fox V. Aced [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although there had been a breach of a real property exchange agreement because of the failure of one party to deliver property to the other, the damages award was improper because the award was based in part on bad faith that was not shown.
Riley V. Superior Court Of Los Angeles County, Jesse W. Carter
Riley V. Superior Court Of Los Angeles County, Jesse W. Carter
Jesse Carter Opinions
An administratrix's argument that because a guardianship had terminated, the guardian had no capacity to act for the estate, was without merit because the guardianship did not terminate until the judgment of the district court became final.
People V. Craig, Jesse W. Carter
People V. Craig, Jesse W. Carter
Jesse Carter Opinions
Without a showing of premeditation or a showing that a murder was committed in an attempt to commit rape, a first degree murder conviction should have been a second degree murder conviction for the killing of the female victim by defendant.
Spellens V. Spellens, Jesse W. Carter
Spellens V. Spellens, Jesse W. Carter
Jesse Carter Opinions
Where a husband duped his wife into believing that her divorce from her previous husband was final at the time of their marriage, the trial court erred in finding that that the husband was not estopped from denying the marriage.
Industrial Indem. Co. V. Golden State Co. [Dissent], Jesse W. Carter
Industrial Indem. Co. V. Golden State Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
The judgment declaring a transfer agreement void in favor of the rigging company was proper because the district court's findings were supported by substantial evidence and the denial of interest on the award was properly within its discretion.
Estate Of Stanford, Jesse W. Carter
Estate Of Stanford, Jesse W. Carter
Jesse Carter Opinions
Distribution to children adopted after the death of a testatrix was proper where the will named the children without conditions, and distribution to a child's successor was proper because the bequest was not contingent on the child's survival.
Hilton V. Mcnitt, Jesse W. Carter
Hilton V. Mcnitt, Jesse W. Carter
Jesse Carter Opinions
As the property settlement and divorce decree provided that the decedent was to pay the claimant a finite series of monthly support payments, the executor properly denied the claimant's demand for payments that accrued after the decedent's death.
People V. Sheran, Jesse W. Carter
People V. Sheran, Jesse W. Carter
Jesse Carter Opinions
The trial court had the power to modify a verdict by reducing the class of defendant's crime. Substantial evidence in the record supported the modification, and no inference could be drawn from the evidence contrary to those drawn by the jury.
Carney V. Simmonds, Jesse W. Carter
Carney V. Simmonds, Jesse W. Carter
Jesse Carter Opinions
The motion for a new trial by an administratrix was properly granted because a reasonable construction of her complaint would point to a fraudulent exclusion of the administratrix from the hearing on the application to set aside her son's estate.
. Mccarroll V. Los Angeles County Dist. Council Of Carpenters [Dissent], Jesse W. Carter
. Mccarroll V. Los Angeles County Dist. Council Of Carpenters [Dissent], Jesse W. Carter
Jesse Carter Opinions
State court had jurisdiction over contractors' action against labor unions for breach of a collective bargaining agreement where a strike that was allegedly called by the labor unions was not called to terminate the agreement.
Cooper V. Cooper, Jesse W. Carter
Cooper V. Cooper, Jesse W. Carter
Jesse Carter Opinions
Settlement agreement that provided for decedent to name former spouse as life insurance beneficiary terminated with divorce decree, and decedent's obligation to support former spouse ended with former spouse's remarriage.
In Re Carmen [Dissent], Jesse W. Carter
In Re Carmen [Dissent], Jesse W. Carter
Jesse Carter Opinions
Prisoner's conviction could not be attacked on habeas corpus upon allegations of new and additional facts claiming that convicting court lacked jurisdiction over offense because jurisdictional allegations did not appear upon face of trial record.
Plumer V. Plumer [Dissent], Jesse W. Carter
Plumer V. Plumer [Dissent], Jesse W. Carter
Jesse Carter Opinions
The trial court improperly dismissed the former husband's application for a modification of the divorce decree, as the parties' agreement was integrated and expressly provided for the modification of the trial court's support orders.
Daggett V. Atchison, T. & S. F. R. Co., Jesse W. Carter
Daggett V. Atchison, T. & S. F. R. Co., Jesse W. Carter
Jesse Carter Opinions
Where impeachment evidence regarding the safe speed for operating a train was admissible and railway failed to request a limiting instruction, husband properly recovered for the loss of his wife and two minor children after a collision.
Beckley V. Reclamation Board, Jesse W. Carter
Beckley V. Reclamation Board, Jesse W. Carter
Jesse Carter Opinions
Trial court abused its discretion when it refused to set aside judgment against landowners where their attorney's failure to timely argue against the judgment or to timely appeal once judgment was entered was based on excusable neglect.
People V. Duroncelay [Dissent], Jesse W. Carter
People V. Duroncelay [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's rights were not violated and results of the alcohol test were properly admitted in evidence in trial for driving under the influence of alcohol when extraction was made in a medically approved manner and was incident to the lawful arrest.
Hardy V. Vial [Dissent], Jesse W. Carter
Hardy V. Vial [Dissent], Jesse W. Carter
Jesse Carter Opinions
An action for malicious prosecution could be founded upon the institution of a proceeding before an administrative agency.
People V. Moore [Dissent], Jesse W. Carter
People V. Moore [Dissent], Jesse W. Carter
Jesse Carter Opinions
A verdict of first-degree murder was proper under the felony murder doctrine because the evidence showed that the killing occurred in the course of an attempted rape.
People V. Corrigan [Dissent], Jesse W. Carter
People V. Corrigan [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's conviction for robbery was affirmed where the trial court's questioning of various witnesses was not prejudicial and any objections thereto were not made by defendant during the trial and consequently were deemed waived by the court.
People V. Randazzo [Dissent], Jesse W. Carter
People V. Randazzo [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's complaint that erroneous instructions were given did not authorize the recall of remittitur, for it was a complaint of an error of law only, and remittitur could not be recalled to correct judicial error or mistake of law.
Prince V. San Francisco [Dissent], Jesse W. Carter
Prince V. San Francisco [Dissent], Jesse W. Carter
Jesse Carter Opinions
The Legislature could properly require that veterans sign a non-subversive affidavit in order to be eligible for a tax exemption.
People's Church Of San Fernando Valley, Inc. V. County Of Los Angeles [Dissent], Jesse W. Carter
People's Church Of San Fernando Valley, Inc. V. County Of Los Angeles [Dissent], Jesse W. Carter
Jesse Carter Opinions
Trial court improperly held that taxpayer was entitled to exemption even though taxpayer refused to comply with statutory mandate requiring affirmance that it did not advocate violent overthrow of government because statute was reasonable regulation.
First Methodist Church V. Horstmann [Dissent], Jesse W. Carter
First Methodist Church V. Horstmann [Dissent], Jesse W. Carter
Jesse Carter Opinions
Church taxpayers were not entitled to tax exemption because they refused to execute non-subversive oath that was statutorily and constitutionally required. Non-subversive oath could validly be required of churches as condition to granting exemption.
Speiser V. Randall [Dissent], Jesse W. Carter
Speiser V. Randall [Dissent], Jesse W. Carter
Jesse Carter Opinions
A veteran was not entitled to a veterans' tax exemption, despite that he met all requirements, because in his application, he refused to subscribe to the nonsubversive oath required by the California Constitution and by statute.