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Articles 1 - 30 of 439

Full-Text Articles in Law

People V. Chambers, Jesse W. Carter Jul 2015

People V. Chambers, Jesse W. Carter

Jesse Carter Opinions

Property that belonged to state should not have been sold for taxes, and thus county was responsible for reimbursing former owners for tax deed; statute of limitations did not apply to property owned by the state and devoted to a public use.


Wemyss V. Superior Court Of County Of Alameda, Jesse W. Carter Mar 2015

Wemyss V. Superior Court Of County Of Alameda, Jesse W. Carter

Jesse Carter Opinions

A motion to quash a subpoena should have been granted where the underlying action was not pending in the county where the application for the subpoena was made and the clerk of that court had no authority to issue it.


Mckesson V. Lowery, Jesse W. Carter Mar 1959

Mckesson V. Lowery, Jesse W. Carter

Jesse Carter Opinions

A district attorney was granted a writ of mandate ordering a county auditor to pay him an increased salary where the increase became effective after his appointment to office, but before his subsequent election to the office for the unexpired term.


In Re Dennis, Jesse W. Carter Mar 1959

In Re Dennis, Jesse W. Carter

Jesse Carter Opinions

Defendant's trial and conviction constituted a denial of due process where defendant was physically present, but his mental condition was such that he was incapable of understanding the proceedings against him and unable to assist his attorney.


People V. Bernstein, Jesse W. Carter Feb 1959

People V. Bernstein, Jesse W. Carter

Jesse Carter Opinions

The information against defendant for contributing to the delinquency of a child was properly set aside because there was no evidence that his acts had any untoward effect whatsoever upon the child.


Gonzi V. Superior Court Of San Francisco, Jesse W. Carter Feb 1959

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

Jesse Carter Opinions

Court granted writ of mandate directing the trial court to permit plaintiff to have a court reporter to be present when she submitted to a court ordered physical examination by a doctor employed by defendants in a negligence suit.


Santa Fe Transp. Co. V. State Board Of Equalization, Jesse W. Carter Feb 1959

Santa Fe Transp. Co. V. State Board Of Equalization, Jesse W. Carter

Jesse Carter Opinions

Taxes were improperly refunded to a common carrier because intracity operations which were an inseparable part of intercity operations could not be considered exempt from the gross receipts tax.


Vangel V. Vangel, Jesse W. Carter Feb 1959

Vangel V. Vangel, Jesse W. Carter

Jesse Carter Opinions

Judgment in favor of the remaining partners in their dissolution action was affirmed where the decision of the trial court in determining the amount of compensation the faulty partner was entitled to was supported by substantial evidence.


Courtell V. Mceachen [Dissent], Jesse W. Carter Feb 1959

Courtell V. Mceachen [Dissent], Jesse W. Carter

Jesse Carter Opinions

The evidence supported the theory that a five-year-old minor child was contributorily negligent with respect to her injuries, so it was reversible error to give the jury an instruction that negated the child's contributory negligence.


Hunter V. Mohawk Petroleum Corp. [Dissent], Jesse W. Carter Jan 1959

Hunter V. Mohawk Petroleum Corp. [Dissent], Jesse W. Carter

Jesse Carter Opinions

A California gas station was not liable for personal injury one customer caused to another customer where no evidence showed that the gas station was on notice that the customer was acting, or might act, negligently.


Gomes V. Byrne [Dissent], Jesse W. Carter Jan 1959

Gomes V. Byrne [Dissent], Jesse W. Carter

Jesse Carter Opinions

Because plaintiff assumed the risk that a dog barking at him through a fence would bite him if he entered through the gate of the fence, the dog's owner was not liable for injuries resulting from the dog bite.


In Re Bandmann, Jesse W. Carter Dec 1958

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 Dec 1958

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 Dec 1958

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 Dec 1958

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 Dec 1958

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 Nov 1958

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 Nov 1958

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 Oct 1958

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 Oct 1958

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 Oct 1958

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 Oct 1958

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 Oct 1958

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 Oct 1958

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 Sep 1958

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 Jul 1958

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 Jul 1958

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 Jul 1958

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 Jul 1958

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 Jun 1958

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.