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Articles 61 - 90 of 439
Full-Text Articles in Law
People V. Sheran, Jesse W. Carter
People V. Sheran, Jesse W. Carter
Jesse Carter Opinions
The trial court had the power to modify a verdict by reducing the class of defendant's crime. Substantial evidence in the record supported the modification, and no inference could be drawn from the evidence contrary to those drawn by the jury.
Carney V. Simmonds, Jesse W. Carter
Carney V. Simmonds, Jesse W. Carter
Jesse Carter Opinions
The motion for a new trial by an administratrix was properly granted because a reasonable construction of her complaint would point to a fraudulent exclusion of the administratrix from the hearing on the application to set aside her son's estate.
. Mccarroll V. Los Angeles County Dist. Council Of Carpenters [Dissent], Jesse W. Carter
. Mccarroll V. Los Angeles County Dist. Council Of Carpenters [Dissent], Jesse W. Carter
Jesse Carter Opinions
State court had jurisdiction over contractors' action against labor unions for breach of a collective bargaining agreement where a strike that was allegedly called by the labor unions was not called to terminate the agreement.
Cooper V. Cooper, Jesse W. Carter
Cooper V. Cooper, Jesse W. Carter
Jesse Carter Opinions
Settlement agreement that provided for decedent to name former spouse as life insurance beneficiary terminated with divorce decree, and decedent's obligation to support former spouse ended with former spouse's remarriage.
In Re Carmen [Dissent], Jesse W. Carter
In Re Carmen [Dissent], Jesse W. Carter
Jesse Carter Opinions
Prisoner's conviction could not be attacked on habeas corpus upon allegations of new and additional facts claiming that convicting court lacked jurisdiction over offense because jurisdictional allegations did not appear upon face of trial record.
Plumer V. Plumer [Dissent], Jesse W. Carter
Plumer V. Plumer [Dissent], Jesse W. Carter
Jesse Carter Opinions
The trial court improperly dismissed the former husband's application for a modification of the divorce decree, as the parties' agreement was integrated and expressly provided for the modification of the trial court's support orders.
Daggett V. Atchison, T. & S. F. R. Co., Jesse W. Carter
Daggett V. Atchison, T. & S. F. R. Co., Jesse W. Carter
Jesse Carter Opinions
Where impeachment evidence regarding the safe speed for operating a train was admissible and railway failed to request a limiting instruction, husband properly recovered for the loss of his wife and two minor children after a collision.
Beckley V. Reclamation Board, Jesse W. Carter
Beckley V. Reclamation Board, Jesse W. Carter
Jesse Carter Opinions
Trial court abused its discretion when it refused to set aside judgment against landowners where their attorney's failure to timely argue against the judgment or to timely appeal once judgment was entered was based on excusable neglect.
People V. Duroncelay [Dissent], Jesse W. Carter
People V. Duroncelay [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's rights were not violated and results of the alcohol test were properly admitted in evidence in trial for driving under the influence of alcohol when extraction was made in a medically approved manner and was incident to the lawful arrest.
Hardy V. Vial [Dissent], Jesse W. Carter
Hardy V. Vial [Dissent], Jesse W. Carter
Jesse Carter Opinions
An action for malicious prosecution could be founded upon the institution of a proceeding before an administrative agency.
People V. Moore [Dissent], Jesse W. Carter
People V. Moore [Dissent], Jesse W. Carter
Jesse Carter Opinions
A verdict of first-degree murder was proper under the felony murder doctrine because the evidence showed that the killing occurred in the course of an attempted rape.
People V. Corrigan [Dissent], Jesse W. Carter
People V. Corrigan [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's conviction for robbery was affirmed where the trial court's questioning of various witnesses was not prejudicial and any objections thereto were not made by defendant during the trial and consequently were deemed waived by the court.
People V. Randazzo [Dissent], Jesse W. Carter
People V. Randazzo [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's complaint that erroneous instructions were given did not authorize the recall of remittitur, for it was a complaint of an error of law only, and remittitur could not be recalled to correct judicial error or mistake of law.
Prince V. San Francisco [Dissent], Jesse W. Carter
Prince V. San Francisco [Dissent], Jesse W. Carter
Jesse Carter Opinions
The Legislature could properly require that veterans sign a non-subversive affidavit in order to be eligible for a tax exemption.
People's Church Of San Fernando Valley, Inc. V. County Of Los Angeles [Dissent], Jesse W. Carter
People's Church Of San Fernando Valley, Inc. V. County Of Los Angeles [Dissent], Jesse W. Carter
Jesse Carter Opinions
Trial court improperly held that taxpayer was entitled to exemption even though taxpayer refused to comply with statutory mandate requiring affirmance that it did not advocate violent overthrow of government because statute was reasonable regulation.
First Methodist Church V. Horstmann [Dissent], Jesse W. Carter
First Methodist Church V. Horstmann [Dissent], Jesse W. Carter
Jesse Carter Opinions
Church taxpayers were not entitled to tax exemption because they refused to execute non-subversive oath that was statutorily and constitutionally required. Non-subversive oath could validly be required of churches as condition to granting exemption.
Speiser V. Randall [Dissent], Jesse W. Carter
Speiser V. Randall [Dissent], Jesse W. Carter
Jesse Carter Opinions
A veteran was not entitled to a veterans' tax exemption, despite that he met all requirements, because in his application, he refused to subscribe to the nonsubversive oath required by the California Constitution and by statute.
First Unitarian Church V. County Of Los Angeles [Dissent], Jesse W. Carter
First Unitarian Church V. County Of Los Angeles [Dissent], Jesse W. Carter
Jesse Carter Opinions
A church that refused to include in its property tax exemption application a required nonsubversive declaration was barred from receiving the exemption. Making an oath was contrary to the church's religious beliefs.
Fraenkel V. Trescony [Dissent], Jesse W. Carter
Fraenkel V. Trescony [Dissent], Jesse W. Carter
Jesse Carter Opinions
The court found that contractor could not take advantage of the licensing exemption for construction performed incidental to farming in his action against landowner because this exemption only applied to structures actually located on the farm.
Estate Of Poisl, Jesse W. Carter
Estate Of Poisl, Jesse W. Carter
Jesse Carter Opinions
The court denied defendant widow's motion to dismiss plaintiff attorney's appeal, in plaintiff's suit for attorney's fees because the receipt of payment of the award of attorney's fees did not bar the appeal from that award.
Los Angeles V. Belridge Oil Co., Jesse W. Carter
Los Angeles V. Belridge Oil Co., Jesse W. Carter
Jesse Carter Opinions
A taxpayer was subject to a license tax for only that portion of its gross receipts derived from sales within a city because allowing the city to levy a license tax on sales outside the city was a denial of equal protection of the law.
Reed V. Norman, Jesse W. Carter
Reed V. Norman, Jesse W. Carter
Jesse Carter Opinions
The presence of a defunct corporation in a derivative action could have been dispensed with when the circumstances warranted such an exercise of the court's equitable powers.
People V. Hardenbrook, Jesse W. Carter
People V. Hardenbrook, Jesse W. Carter
Jesse Carter Opinions
The prior consistent statement of a witness was properly admitted to refute an inference of recent fabrication of the testimony. A lay witness was not competent to testify as to defendant's ability to commit premeditated murder.
O'Malley V. Petroleum Maintenance Co., Jesse W. Carter
O'Malley V. Petroleum Maintenance Co., Jesse W. Carter
Jesse Carter Opinions
A company could not seek judicial review of an arbitrator's decision that the discharge of an employee was arbitrable because the company entered into an arbitration submission agreement in which it agreed to arbitrate that question.
Bratnober V. Bratnober [Dissent], Jesse W. Carter
Bratnober V. Bratnober [Dissent], Jesse W. Carter
Jesse Carter Opinions
Wife's appeal from her divorce decree's alimony and child support levels was rejected; although the levels were reduced from the interlocutory levels, the husband's future finances were such that the lower levels of support were appropriate.
Garibaldi V. Borchers Bros. [Dissent], Jesse W. Carter
Garibaldi V. Borchers Bros. [Dissent], Jesse W. Carter
Jesse Carter Opinions
A trial court did not err in giving an instruction on continuing negligence in conjunction with an instruction on last clear chance, and an instruction on a truck driver's right to assume that a minor would exercise the care of a child his age.
People V. Cheary [Dissent], Jesse W. Carter
People V. Cheary [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's new trial motion was properly denied where sufficient evidence supported the jury's imposition of the death penalty based on defendant's conviction for first-degree murder.
Barrera V. De La Torre [Dissent], Jesse W. Carter
Barrera V. De La Torre [Dissent], Jesse W. Carter
Jesse Carter Opinions
The trial court did not err in instructing jury that it could not infer driver's negligence from mere happening of accident, even though facts would support giving of res ipsa loquitur instruction; driver's negligence was question of fact for jury.
Herda V. Herda [Dissent], Jesse W. Carter
Herda V. Herda [Dissent], Jesse W. Carter
Jesse Carter Opinions
Termination of an ex-husband's support obligations to his ex-wife and to his children was appropriate because the ex-wife had remarried and the parties' children had reached the age of majority.
People Ex Rel. Department Of Public Works V. Russell [Dissent], Jesse W. Carter
People Ex Rel. Department Of Public Works V. Russell [Dissent], Jesse W. Carter
Jesse Carter Opinions
Award of severance damages for landowner's non-abutting parcel in condemnation case was vacated because county road relocation did not impair landowner's easement on parcel but was an inconvenience suffered as member of public and was noncompensable.