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Civil Procedure Commons

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Golden Gate University School of Law

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Articles 31 - 45 of 45

Full-Text Articles in Civil Procedure

Berri V. Superior Court Of San Francisco, Jesse W. Carter Jan 1955

Berri V. Superior Court Of San Francisco, Jesse W. Carter

Jesse Carter Opinions

In order for an appeal to be taken from an order sustaining, without leave to amend, a demurrer, mandamus was the proper remedy to compel the trial court to enter a judgment of dismissal following its order.


Kesler V. Pabst [Dissent], Jesse W. Carter Jul 1954

Kesler V. Pabst [Dissent], Jesse W. Carter

Jesse Carter Opinions

Judgment for driver in suit for damages sustained in car accident was proper as husband was contributorily negligent, his negligence was imputed to wife, and she could not convert community property into separate property after cause accrued.


Treu V. Kirkwood [Dissent], Jesse W. Carter Apr 1954

Treu V. Kirkwood [Dissent], Jesse W. Carter

Jesse Carter Opinions

In a case where the evidence was not clearly persuasive in favor of either party, and where there was no indication as to the appraisal of the evidence by the trial court, the court reversed the judgment of the lower court for a new trial.


Price V. Atchison, T. & S. F. R. Co. [Dissent], Jesse W. Carter Mar 1954

Price V. Atchison, T. & S. F. R. Co. [Dissent], Jesse W. Carter

Jesse Carter Opinions

The trial court did not err in granting defendant's motion to dismiss one of plaintiff's causes of action against it under the Federal Employers' Liability Act based on the doctrine of forum non conveniens.


Osborn V. Osborn [Dissent], Jesse W. Carter Mar 1954

Osborn V. Osborn [Dissent], Jesse W. Carter

Jesse Carter Opinions

Adverse judgment against son on his complaint to quiet title to real property was reversed where son acquired vested remainder interest when father executed deed pursuant to binding contract supported by adequate consideration.


Cockerell V. Title Ins. & Trust Co., Jesse W. Carter Feb 1954

Cockerell V. Title Ins. & Trust Co., Jesse W. Carter

Jesse Carter Opinions

Denial of a motion for judgment on the pleadings was proper where the purported owners failed to prove a valid assignment of a deed of trust and did not raise the issue of denial on information and belief until appeal.


Record Machine & Tool Co. V. Pageman Holding Corp., Jesse W. Carter Feb 1954

Record Machine & Tool Co. V. Pageman Holding Corp., Jesse W. Carter

Jesse Carter Opinions

In a declaratory judgment action, it was proper for the trial court to make a determination of the value and effect of a patent title on the purchase price of a contract where the seller could not transfer the title because he did not own it.


H. J. Heinz Co. V. Superior Court Of Alameda County, Jesse W. Carter Jan 1954

H. J. Heinz Co. V. Superior Court Of Alameda County, Jesse W. Carter

Jesse Carter Opinions

Defendant's license for a patent was revoked, an order to destroy generators was upheld to prevent future infringement, a compensatory damage award was not recognized in state, and federal court had no jurisdiction to enjoin state court proceedings.


Henderson V. Drake [Dissent], Jesse W. Carter Dec 1953

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.


Parker V. Bowron [Dissent], Jesse W. Carter Mar 1953

Parker V. Bowron [Dissent], Jesse W. Carter

Jesse Carter Opinions

Individual's writ of mandate was properly dismissed because it was apparent that he and the others noted in the caption and complaint had no direct interest in the action and that no benefit could have accrued to them from its performance.


Southwestern Inv. Corp. V. Los Angeles [Dissent], Jesse W. Carter Mar 1952

Southwestern Inv. Corp. V. Los Angeles [Dissent], Jesse W. Carter

Jesse Carter Opinions

A motion to recall the remittitur was not justified as an opportunity for the parties to relitigate their cause nor for the appellate court to redetermine the merits.


Leonis V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter Mar 1952

Leonis V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter

Jesse Carter Opinions

The councilman could not have objected to jurisdiction on the grounds of service, as the attorney appeared at the hearing for the councilman with the councilman's knowledge.


Vernon V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter Mar 1952

Vernon V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter

Jesse Carter Opinions

The affidavit charging the city with contempt for failing to obey a mandatory injunction to abate a nuisance sufficiently alleged that the city intended to violate the injunction. The evidence was ample to sustain all the trial court's findings.


Estate Of Harootenian [Dissent], Jesse W. Carter Dec 1951

Estate Of Harootenian [Dissent], Jesse W. Carter

Jesse Carter Opinions

A judgment lien creditor, who had perfected a lien at the time the property would devolve to the heir if the will would be set aside, was an interested person entitled to intervene and contest the will.


Huffman V. Lindquist [Dissent], Jesse W. Carter Jun 1951

Huffman V. Lindquist [Dissent], Jesse W. Carter

Jesse Carter Opinions

Nonsuits were properly granted to a doctor and hospital in a malpractice and negligence action by the mother of a deceased son where there was insufficient evidence that actions of the doctor and hospital were the proximate cause of the son's death.