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Full-Text Articles in Law

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.


People V. Chessman [Dissent], Jesse W. Carter Dec 1951

People V. Chessman [Dissent], Jesse W. Carter

Jesse Carter Opinions

Reexamination of defendant's arguments as to the correctness and validity of the reporter's transcript were without merit and the transcript permitted a fair consideration and disposition of the appeal.


San Francisco V. Superior Court Of San Francisco [Dissent], Jesse W. Carter Dec 1951

San Francisco V. Superior Court Of San Francisco [Dissent], Jesse W. Carter

Jesse Carter Opinions

City and employer was entitled to writ prohibiting order for the inspection of certain documents because the right to inspection could be curtailed where it was outweighed by the public interest in preserving confidential information.


Selinsky V. Olsen, Jesse W. Carter Nov 1951

Selinsky V. Olsen, Jesse W. Carter

Jesse Carter Opinions

The refusal of the trial court to give an instruction on the last clear chance doctrine resulted in the granting of a new trial to plaintiff in a personal injury action resulting from a collision.


New York Life Ins. Co. V. Hollender [Dissent], Jesse W. Carter Nov 1951

New York Life Ins. Co. V. Hollender [Dissent], Jesse W. Carter

Jesse Carter Opinions

A judgment in favor of defendant in an action to reform an insurance policy issued on the life of defendant was reversed because the amount payable should have been the sum which premiums paid would have purchased at defendant's correct age.


People V. Nye [Dissent], Jesse W. Carter Nov 1951

People V. Nye [Dissent], Jesse W. Carter

Jesse Carter Opinions

Evidence of a defendant's prior attempted rape was admissible in his trial for assault with intent to rape a second victim as the evidence of the first offense showed defendant's intent when he entered the second victim's hotel room.


Reitano V. Yankwich, Jesse W. Carter Nov 1951

Reitano V. Yankwich, Jesse W. Carter

Jesse Carter Opinions

Because a judgment debtor satisfied the judgment under the threat of execution by the judgment creditor, the payment was compulsory and did not waive the judgment debtor's right to appeal.


In Re Davis [Dissent], Jesse W. Carter Nov 1951

In Re Davis [Dissent], Jesse W. Carter

Jesse Carter Opinions

A habeas corpus petitioner's claim that his imprisonment was illegal due to the fact that he was not afforded a hearing or notice upon the revocation of his probation was denied. Petitioner failed to show that the revocation was arbitrary.


In Re Mcinturff [Dissent], Jesse W. Carter Oct 1951

In Re Mcinturff [Dissent], Jesse W. Carter

Jesse Carter Opinions

Court reversed a lower court's order granting petitioner a writ of habeas corpus because the writ of habeas corpus was not available to review the trial court's erroneous refusal to certify petitioner to the Youth Authority.


Address Before The San Francisco City Attorneys' Luncheon Entitled "The Claims Statutes" Oct 1951

Address Before The San Francisco City Attorneys' Luncheon Entitled "The Claims Statutes"

The Jesse Carter Collection

No abstract provided.


White V. Towers [Dissent], Jesse W. Carter Sep 1951

White V. Towers [Dissent], Jesse W. Carter

Jesse Carter Opinions

An officer who was an investigator for fish and game commission was immune from civil liability for officials directly connected with judicial processes for malicious prosecution, as he was charged with enforcing laws for protection of fish and game.


M. F. Kemper Constr. Co. V. Los Angeles [Dissent], Jesse W. Carter Aug 1951

M. F. Kemper Constr. Co. V. Los Angeles [Dissent], Jesse W. Carter

Jesse Carter Opinions

Construction company that submitted erroneous bid was entitled to rescission on the ground of unilateral mistake because city knew of the error before it accepted the bid and the city was restored to status quo by accepting the next lowest bid.


County Of San Diego V. Mcclurken [Dissent], Jesse W. Carter Aug 1951

County Of San Diego V. Mcclurken [Dissent], Jesse W. Carter

Jesse Carter Opinions

Court found that expansion of a gasoline service station was not a continuation of former nonconforming use, and that purpose of a landowner in purchasing property had to yield to the public interest in enforcement of a comprehensive zoning plan.


Address Delivered Before The National Association Claimants' Compensation Attorneys Aug 1951

Address Delivered Before The National Association Claimants' Compensation Attorneys

The Jesse Carter Collection

No abstract provided.


Hocking V. Title Ins. & Trust Co. [Dissent], Jesse W. Carter Aug 1951

Hocking V. Title Ins. & Trust Co. [Dissent], Jesse W. Carter

Jesse Carter Opinions

In suit against title insurers by purchaser, brought under title insurance policy, for damages allegedly caused by defective title, since local ordinance simply prescribed certain requirements to be met, purchaser's title was not adversely affected.


People V. Cullen [Dissent], Jesse W. Carter Jul 1951

People V. Cullen [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's conviction on two counts of murder was proper, even though the victims' bodies were not found. The elements of the corpus delecti were proved circumstantially or inferentially.


Potter V. Pacific Coast Lumber Co. [Dissent], Jesse W. Carter Jul 1951

Potter V. Pacific Coast Lumber Co. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Where a seller of lumber cashed checks that were expressly labeled as having been in full settlement of disputed accounts due from the purchaser, an accord and satisfaction occurred, and the seller was estopped to deny the effect of his actions.


In Re Kimler [Dissent], Jesse W. Carter Jul 1951

In Re Kimler [Dissent], Jesse W. Carter

Jesse Carter Opinions

Writ of habeas corpus from Missouri court finding that inmate's extradition to California was not warranted did not preclude the subsequent imprisonment of the inmate in California. The determination was not a pardon.


Capitain V. L. A. Wrecking Co., Jesse W. Carter Jul 1951

Capitain V. L. A. Wrecking Co., Jesse W. Carter

Jesse Carter Opinions

The sellers' notation on the contract and repeated assurances of insurance evidenced that the title and risk of loss did not pass to the buyer until the house was lowered onto the foundation and its roof restored.


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.


Lee On V. Long [Dissent], Jesse W. Carter Jun 1951

Lee On V. Long [Dissent], Jesse W. Carter

Jesse Carter Opinions

The gamblers could not recover money that was used in illegal gambling games from the sheriff and district attorney that was seized by the sheriff.


King V. Mortimer [Dissent], Jesse W. Carter Jun 1951

King V. Mortimer [Dissent], Jesse W. Carter

Jesse Carter Opinions

Certificate holders could not recover the difference between the price at which their assignors sold their certificates and the face amount thereof because they failed to show there was any matured claim or debt due at the time they sold them.


State V. Brotherhood Of Railroad Trainmen [Dissent], Jesse W. Carter Jun 1951

State V. Brotherhood Of Railroad Trainmen [Dissent], Jesse W. Carter

Jesse Carter Opinions

State, as owner of a railroad, was not subject to collective bargaining provisions of federal Railway Labor Act and contract reached as a result of collective bargaining between state board and labor union was invalid.


Green V. Brown, Jesse W. Carter Jun 1951

Green V. Brown, Jesse W. Carter

Jesse Carter Opinions

The holder of a life estate in the residence that he and his deceased wife had given to his deceased wife's daughter and her husband had the right to live in the house with his new wife despite the donees' objections.


Commencement Program, 1951 Jun 1951

Commencement Program, 1951

Commencement

No abstract provided.


People Ex Rel. Levin V. County Of Santa Clara, Jesse W. Carter May 1951

People Ex Rel. Levin V. County Of Santa Clara, Jesse W. Carter

Jesse Carter Opinions

A charter that was adopted by a county and approved by the legislature was properly invalidated because the county failed to comply or to substantially comply with the mandatory and prohibitory constitutional procedures for adopting the charter.


Brokaw V. Black-Foxe Military Institute, Jesse W. Carter May 1951

Brokaw V. Black-Foxe Military Institute, Jesse W. Carter

Jesse Carter Opinions

A verdict was proper because evidence was sufficient to infer that a college student was acting as an agent of a military school at the time he took the student, and there was substantial evidence to conclude that he negligently operated the car.


Holbrook V. Board Of Education, Jesse W. Carter May 1951

Holbrook V. Board Of Education, Jesse W. Carter

Jesse Carter Opinions

A school board's failure to classify its business manager as a full-time permanent employee, in his fourth consecutive year of employment in a position requiring certification, did not prevent him from attaining that status, for tenure purposes.


Simone V. Sabo [Dissent], Jesse W. Carter May 1951

Simone V. Sabo [Dissent], Jesse W. Carter

Jesse Carter Opinions

In a patient's malpractice action against his dentist, there was no expert witness testimony that the dentist rendered improper treatment when he removed the patient's impacted tooth and bruised or severed the mandibular nerve.


Rains V. County Of Contra Costa [Dissent], Jesse W. Carter May 1951

Rains V. County Of Contra Costa [Dissent], Jesse W. Carter

Jesse Carter Opinions

Because new county ordinance concerning appointment of the medical personnel did not effect a repeal that required the approval of voters, it was upheld as valid.