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Articles 1 - 30 of 55
Full-Text Articles in Law
Calhoun V. Superior Court Of San Diego County [Dissent], Jesse W. Carter
Calhoun V. Superior Court Of San Diego County [Dissent], Jesse W. Carter
Jesse Carter Opinions
Writ of prohibition to restrain trial court from trying petitioner on charges of conspiring to receive political contributions from persons licensed to sell alcoholic beverages was denied because there was sufficient evidence to support indictment.
Rogers V. Superior Court Of Alameda County [Dissent], Jesse W. Carter
Rogers V. Superior Court Of Alameda County [Dissent], Jesse W. Carter
Jesse Carter Opinions
Alternative writ of prohibition was discharged and a peremptory writ denied because there was no evidence that illegal detention of defendant produced the admissions where he proceeded in prohibition to restrain a court from further proceedings.
California Oregon Power Co. V. Superior Court Of Siskiyou County, Jesse W. Carter
California Oregon Power Co. V. Superior Court Of Siskiyou County, Jesse W. Carter
Jesse Carter Opinions
Power company was not entitled to peremptory writ to prevent superior court from trying state's action against it when Federal Power Act left states with traditional subject matter jurisdiction, and action merely sought injunction for nuisance.
Holderby V. International Union Of Operating Engineers [Dissent], Jesse W. Carter
Holderby V. International Union Of Operating Engineers [Dissent], Jesse W. Carter
Jesse Carter Opinions
A union member seeking reinstatement following payment of delinquent dues was not entitled to relief in court, as he had not yet exhausted his administrative remedies by appealing within the union its denial of his reinstatement application.
Oosten V. Hay Haulers Dairy Employees & Helpers Union, Jesse W. Carter
Oosten V. Hay Haulers Dairy Employees & Helpers Union, Jesse W. Carter
Jesse Carter Opinions
A creamery whose employees refused to accept milk provided under contract by a milk producer, who signed with a different union, was liable for breach of contract and damages to cover the lower price the milk producer subsequently received elsewhere.
Weil V. Barthel [Dissent], Jesse W. Carter
Weil V. Barthel [Dissent], Jesse W. Carter
Jesse Carter Opinions
Where the assignee of the interests of former possessors of real property sought an order to reconvey the property as against the property's owners, a prior judgment pleaded in the assignee's complaint barred the action as res judicata.
Vernon V. Los Angeles [Dissent], Jesse W. Carter
Vernon V. Los Angeles [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a declaratory judgment proceeding, the court determined that the City of Vernon should have been charged with all payments accrued under the composite agreement up to the entry of judgment in the state abatement action.
Charles H. Benton, Inc. V. Painters Local Union [Dissent], Jesse W. Carter
Charles H. Benton, Inc. V. Painters Local Union [Dissent], Jesse W. Carter
Jesse Carter Opinions
A trial court lacked jurisdiction to enjoin a painters' union and a truckers' union from picketing a corporation because where the corporation's paint business affected interstate commerce, the dispute was properly the jurisdiction of the NLRB.
Garmon V. San Diego Bldg. Trades Council [Dissent], Jesse W. Carter
Garmon V. San Diego Bldg. Trades Council [Dissent], Jesse W. Carter
Jesse Carter Opinions
Appellants were properly held liable for damages sustained by the company when appellants' conduct in picketing and using language to install fear of injury induced building contractors to discontinue their patronage of the company.
People V. Tarantino [Dissent], Jesse W. Carter
People V. Tarantino [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's convictions for two counts of extortion and for conspiracy to commit extortion were not proper. Recordings constituted a substantial and important part of the evidence and were illegally obtained.
Bertch V. Social Welfare Dep't., Jesse W. Carter
Bertch V. Social Welfare Dep't., Jesse W. Carter
Jesse Carter Opinions
Church members who lived together in a church-owned home and received a small subsidy from their church were eligible for benefits under the Old Age Security Act because they met the statutory standards of need and were not otherwise ineligible.
Griffith Co. V. San Diego College For Women, Jesse W. Carter
Griffith Co. V. San Diego College For Women, Jesse W. Carter
Jesse Carter Opinions
It was proper for arbitrator, in considering a case before him, to obtain an opinion from a disinterested attorney. Although the manner in which arbitrator signed the award was not approved practice, losing party was not prejudiced thereby.
Gagnon Co. V. Nevada Desert Inn, Inc., Jesse W. Carter
Gagnon Co. V. Nevada Desert Inn, Inc., Jesse W. Carter
Jesse Carter Opinions
Res judicata barred action when another court dismissed substantially similar claims; presumption existed that attorney had authority to dismiss with prejudice.
Freedland V. Greco, Jesse W. Carter
Freedland V. Greco, Jesse W. Carter
Jesse Carter Opinions
Where a purchaser executed a promissory note giving the sellers a chattel mortgage on the property being sold in addition to a deed of trust, the sellers were not entitled to a deficiency judgment after the purchaser's default.
People V. Thomas, Jesse W. Carter
People V. Thomas, Jesse W. Carter
Jesse Carter Opinions
Defendant's motion to vacate a judgment of conviction and withdraw a guilty plea was properly denied where defendant's counsel was fully advised of all circumstances bearing upon the degree of the crime and punishment to be imposed.
Rogers V. Los Angeles Transit Lines, Jesse W. Carter
Rogers V. Los Angeles Transit Lines, Jesse W. Carter
Jesse Carter Opinions
Passenger who was injured when the bus in which he was riding passed too close to the open door on a truck was not contributory negligent, nor had he assumed a risk of injury, when he had his elbow resting in the bus window.
Hall V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter
Hall V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter
Jesse Carter Opinions
A husband's request for a writ of mandamus to compel a court to fix the amount of permanent alimony he must pay to his wife, who was receiving temporary alimony, was improper and the request was denied.
Cole V. Rush [Dissent], Jesse W. Carter
Cole V. Rush [Dissent], Jesse W. Carter
Jesse Carter Opinions
Under common law, as to competent person, it was voluntary consumption, not sale, of intoxicating liquor that was proximate cause of injury from its use, and contributory negligence of decedent barred widow's recovery in wrongful death action.
Financial Indem. Co. V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter
Financial Indem. Co. V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter
Jesse Carter Opinions
Where petitioners sought a writ of mandamus to compel the superior court to show cause why respondent should not be restrained from conservatorship, the court lacked jurisdiction to order an injunction on the pleadings.
Roman Catholic Welfare Corp. V. Piedmont, Jesse W. Carter
Roman Catholic Welfare Corp. V. Piedmont, Jesse W. Carter
Jesse Carter Opinions
City ordinance, which prevented the construction of a building to be used for private school purposes in an area where public schools were located, was unconstitutional and void.
Burns V. State Bar Of California [Dissent], Jesse W. Carter
Burns V. State Bar Of California [Dissent], Jesse W. Carter
Jesse Carter Opinions
An attorney was sanctioned for professional misconduct because he had appropriated for his own use funds belonging to his client and commingled those funds with his own.
Di Genova V. State Board Of Education, Jesse W. Carter
Di Genova V. State Board Of Education, Jesse W. Carter
Jesse Carter Opinions
A hearing was not required prior to the revocation of plaintiff teacher's credential after his conviction for a sex offense because the rationale behind the statute was to remove teachers convicted of sexual offenses from the classroom, promptly.
Kornoff V. Kingsburg Cotton Oil Co., Jesse W. Carter
Kornoff V. Kingsburg Cotton Oil Co., Jesse W. Carter
Jesse Carter Opinions
Landowners were entitled to future damages in a permanent trespass action against a neighboring cotton gin company that created waste six months a year that was emitted into the atmosphere and damaged the neighboring landowners' property.
Hilyar V. Union Ice Co., Jesse W. Carter
Hilyar V. Union Ice Co., Jesse W. Carter
Jesse Carter Opinions
Nonsuit as to driver was improper in injured minor's personal injury action because evidence was sufficient on negligence issue to permit submission to jury but nonsuit was proper as to corporation because evidence of agency was insufficient.
People V. Penny, Jesse W. Carter
People V. Penny, Jesse W. Carter
Jesse Carter Opinions
A conviction for involuntary manslaughter was reversed because the jury was erroneously instructed on a civil standard of negligence rather than criminal negligence and the lack of due caution and circumspection.
Mcconnell V. Cowan, Jesse W. Carter
Mcconnell V. Cowan, Jesse W. Carter
Jesse Carter Opinions
A broker acting on behalf of both a lessor and lessee in a lease transaction was not entitled to a commission because the lessor was unaware of the broker's dual representation and the broker was not a middleman whose scope of employment was limited.
Steinmetz V. California State Board Of Education [Dissent], Jesse W. Carter
Steinmetz V. California State Board Of Education [Dissent], Jesse W. Carter
Jesse Carter Opinions
A public employee was legitimately dismissed from his position as a professor at a state college because he refused to answer whether he was a member of the Communist Party. The court held his choice was to answer the question or lose his job.
Snyder V. Southern California Edison Co., Jesse W. Carter
Snyder V. Southern California Edison Co., Jesse W. Carter
Jesse Carter Opinions
Based on the duties imposed upon the utility company by statute and Public Utilities Commission, it was liable for the failure of the independent contractor to perform its duties, thereby causing injuries to two of the contractor's employees.
Pacific Mut. Life Ins. Co. V. Mcconnell [Dissent], Jesse W. Carter
Pacific Mut. Life Ins. Co. V. Mcconnell [Dissent], Jesse W. Carter
Jesse Carter Opinions
Insolvent insurance company was not entitled to mandamus relief against implementation of mutualization plan requiring the company's liquidation, because State law on voluntary mutualization of solvent insurers also applied to an insolvent insurer.
Pauly V. King [Dissent], Jesse W. Carter
Pauly V. King [Dissent], Jesse W. Carter
Jesse Carter Opinions
A contractor and subcontractor were not liable for injuries sustained in a fall by another subcontractor's roofing employee who failed to exercise reasonable care, and a new trial was not warranted because jury instructions were unambiguous.