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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.