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Full-Text Articles in Law

People V. Riser [Dissent], Jesse W. Carter Dec 1956

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

Jesse Carter Opinions

In a capital murder prosecution, a trial court's grant of the prosecution's challenge to a juror, who stated that in no event would he vote for the death penalty, was not error.


Leonard V. Watsonville Community Hospital [Dissent], Jesse W. Carter Dec 1956

Leonard V. Watsonville Community Hospital [Dissent], Jesse W. Carter

Jesse Carter Opinions

Grant of nonsuit as to doctor was proper because the testimony of patient's adverse parties was clear and uncontradicted to effect he was not responsible for leaving clamp in patient's abdomen and there was no rational ground to disbelieve testimony.


Stockton Theatres, Inc. V. Palermo, Jesse W. Carter Dec 1956

Stockton Theatres, Inc. V. Palermo, Jesse W. Carter

Jesse Carter Opinions

Grant of the lessor's motions to re-tax costs, to enter satisfaction of judgment, and release attachments was improper where the costs of a mandatory bond were recoverable by the lessee, and the cost required consideration prior to release.


Tucker V. Lombardo [Dissent], Jesse W. Carter Dec 1956

Tucker V. Lombardo [Dissent], Jesse W. Carter

Jesse Carter Opinions

No prejudicial error existed when the jury instructions correctly informed the jury about the shooter's degree of care in firing a gun on a skeet range and informed the jury about contributory negligence and assumption of the risk.


State Farm Mut. Auto. Ins. Co. V. Superior Court Of San Francisco [Dissent], Jesse W. Carter Dec 1956

State Farm Mut. Auto. Ins. Co. V. Superior Court Of San Francisco [Dissent], Jesse W. Carter

Jesse Carter Opinions

The trial court abused its discretion when it ordered the insurance company's declaratory relief action and personal injury actions against the policyholder consolidated for trial because of prejudice to the insurance company.


People V. Bridgehouse, Jesse W. Carter Nov 1956

People V. Bridgehouse, Jesse W. Carter

Jesse Carter Opinions

Defendant's conviction for second-degree murder was reduced to manslaughter where the evidence showed that defendant went into shock upon seeing his wife's lover at his mother-in-law's house and where defendant had never threatened the victim.


United States Fidelity & Guaranty Co. V. State Board Of Equalization, Jesse W. Carter Nov 1956

United States Fidelity & Guaranty Co. V. State Board Of Equalization, Jesse W. Carter

Jesse Carter Opinions

Taxpayers failed to make a clear case for estoppel against the taxing authority's assessment of back taxes on gross premiums because taxing authority's acceptance of taxes paid could not bind the state as to the full amount of tax lawfully due.


In Re Scaggs [Dissent], Jesse W. Carter Nov 1956

In Re Scaggs [Dissent], Jesse W. Carter

Jesse Carter Opinions

Prisoner convicted of a felony and sentenced to imprisonment was not entitled to be admitted to bail as a matter of right but was compelled to address himself to the discretion of the court; there was no abuse of discretion in refusing bail.


People V. Linson, Jesse W. Carter Nov 1956

People V. Linson, Jesse W. Carter

Jesse Carter Opinions

Defendant was properly convicted of second degree burglary because there was sufficient evidence to sustain the verdict, and the prosecutor did not commit prejudicial misconduct in his closing argument to the jury.


Danner V. Atkins [Dissent], Jesse W. Carter Nov 1956

Danner V. Atkins [Dissent], Jesse W. Carter

Jesse Carter Opinions

In a case involving a truck's unexplained collision with a building, doctrine of res ipsa loquitur did not apply as to truck driver where the truck was under the control of a mechanic rather than of the driver just before the accident.


Panopulos V. Maderis [Dissent], Jesse W. Carter Nov 1956

Panopulos V. Maderis [Dissent], Jesse W. Carter

Jesse Carter Opinions

Passengers who were injured in an accident while they were guests in car, just after the driver stepped out, could not recover for their resulting injuries unless they showed that the driver was intoxicated or engaged in wilful misconduct.


People V. Crooker [Dissent], Jesse W. Carter Nov 1956

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

Jesse Carter Opinions

Defendant's conviction for first-degree murder was proper where defendant failed to show that he did not receive fair trial as conflicting testimony about voluntariness of confession and denial of attorney during questioning supported jury verdict.


Caritativo V. Teets [Dissent], Jesse W. Carter Nov 1956

Caritativo V. Teets [Dissent], Jesse W. Carter

Jesse Carter Opinions

Writ of mandate would not issue to compel warden to institute proceedings to determine present sanity of defendant awaiting execution of death penalty after warden determined that there was not good reason to believe defendant was presently insane.


Estate Of Skinker [Dissent], Jesse W. Carter Nov 1956

Estate Of Skinker [Dissent], Jesse W. Carter

Jesse Carter Opinions

An estate was required to use the statutory executor's commission in effect at the decedent's death for an inheritance tax deduction although a revised rate would have resulted in a lower tax.


Anderson V. Mart [Dissent], Jesse W. Carter Nov 1956

Anderson V. Mart [Dissent], Jesse W. Carter

Jesse Carter Opinions

A divorced wife was entitled to recover support payments from the estate of her former husband. Alimony payments agreed to as an inseparable part of a property settlement did not terminate on the death of the husband.


Address Delivered Before The Student Bar Association Of The University Of Santa Clara Entitled "The American System For The Administration Of Justice" Oct 1956

Address Delivered Before The Student Bar Association Of The University Of Santa Clara Entitled "The American System For The Administration Of Justice"

The Jesse Carter Collection

No abstract provided.


Local 659, I.A.T.S.E. V. Color Corp. Of America, Jesse W. Carter Oct 1956

Local 659, I.A.T.S.E. V. Color Corp. Of America, Jesse W. Carter

Jesse Carter Opinions

Union lost its right to arbitration due to its initial refusal to arbitrate; employer was entitled to rely on and accept repudiation of an arbitration provision in a collective bargaining agreement, and thus, there was a mutual rescission.


Hall V. Taft, Jesse W. Carter Oct 1956

Hall V. Taft, Jesse W. Carter

Jesse Carter Opinions

A city was not permitted to require that a contractor obtain a city building permit when the contractor had been employed by the state to build a school. So doing restricted the state's rights of sovereignty.


Foust V. Foust [Dissent], Jesse W. Carter Oct 1956

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

Jesse Carter Opinions

Because the conclusion that the parties intended a separation agreement to be merged in an annulment decree was inescapable, the wife's writ of execution upon the husband's property for failure to make support payments was proper.


Vyn V. Northwest Casualty Co., Jesse W. Carter Oct 1956

Vyn V. Northwest Casualty Co., Jesse W. Carter

Jesse Carter Opinions

An insurer was not liable to cover an accident under a policy it had issued to the insured when the insured had not ordered the policy, returned the policy to the insurer, and did not pay premiums on the policy until after the accident had occurred.


People V. Cole [Dissent], Jesse W. Carter Oct 1956

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

Jesse Carter Opinions

Medical opinion as to whether the victim's wound could have been self-inflicted was admissible and sufficient evidence supported the verdict finding defendant guilty of first-degree murder.


Pacific Southwest Development Corp. V. Western P. R. Co. [Dissent], Jesse W. Carter Oct 1956

Pacific Southwest Development Corp. V. Western P. R. Co. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Procurement of an option agreement to purchase real property was a contract that aided in the purchase or sale of real property and came within the statute of frauds. Absent a written contract, there was no obligation to pay a commission.


Nathan H. Schur, Inc. V. Santa Monica, Jesse W. Carter Aug 1956

Nathan H. Schur, Inc. V. Santa Monica, Jesse W. Carter

Jesse Carter Opinions

A prospective licensee was entitled to receive a license to operate games of skill where the city council found the games did not violate the law against games of chance, but the police chief refused to issue them.


People V. Head, Jesse W. Carter Aug 1956

People V. Head, Jesse W. Carter

Jesse Carter Opinions

Motion to dismiss an appeal was denied where defendant made a constructive filing of a notice of appeal within the prescribed time limit and satisfied the jurisdictional requirement as contemplated by law.


Lynn V. Duckel [Dissent], Jesse W. Carter Jul 1956

Lynn V. Duckel [Dissent], Jesse W. Carter

Jesse Carter Opinions

Homeowner's action was barred because he did not exhaust his administrative remedy prior to instituting suit, and he was properly denied relief because he did not have "clean hands," as he ran trucks in alley without a written permit.


People V. Watson [Dissent], Jesse W. Carter Jul 1956

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

Jesse Carter Opinions

Defendant was properly convicted of second degree murder as the jury was correctly instructed on the doctrine of reasonable doubt and an error in admitting collateral and irrelevant evidence did not result in the miscarriage of justice.


Sutton V. Industrial Acci. Com., Jesse W. Carter Jun 1956

Sutton V. Industrial Acci. Com., Jesse W. Carter

Jesse Carter Opinions

An industrial accident commission should not have ordered that an employee's permanent disability be reduced after the statutory five-year period had expired, even though application for the reduction was made prior to expiration.


Woods V. Security-First Nat'l Bank, Jesse W. Carter Jun 1956

Woods V. Security-First Nat'l Bank, Jesse W. Carter

Jesse Carter Opinions

Where plaintiff alleged that defendants were not entitled to distribution because the deceased made an oral agreement with plaintiff, plaintiff was entitled to one-half of the deceased's property based on res judicata.


Van Strien V. Jones [Dissent], Jesse W. Carter Jun 1956

Van Strien V. Jones [Dissent], Jesse W. Carter

Jesse Carter Opinions

A deceased's daughter was not pretermitted heir under California Probate Code where her father's will bequeathed, upon contest, $1 to a person who, had he died intestate, would be entitled to share in estate; widow's demurrer was properly sustained.


Fischer V. County Of Shasta [Dissent], Jesse W. Carter Jun 1956

Fischer V. County Of Shasta [Dissent], Jesse W. Carter

Jesse Carter Opinions

A statute authorizing the creation of a tax maintenance district which could construct street lighting on roads within the county authorized the maintenance district to construct street lighting on a state highway within the district.