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Articles 31 - 60 of 439

Full-Text Articles in Law

Volf V. Ocean Acci. & Guarantee Corp. [Dissent], Jesse W. Carter May 1958

Volf V. Ocean Acci. & Guarantee Corp. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Insureds were not entitled to damages for cost of replacing defective stucco where they sought coverage excluded in policy; defective stucco in house they constructed and sold was property in their care, custody, or control.


Gonzales V. Industrial Acci. Com. [Dissent], Jesse W. Carter May 1958

Gonzales V. Industrial Acci. Com. [Dissent], Jesse W. Carter

Jesse Carter Opinions

It was not error to rate a claimant's pre-existing deaf-muteness at half of the standard ratings for deafness and muteness caused by an industrial accident because the claimant had worked for many years with his condition.


People V. Wein [Dissent], Jesse W. Carter May 1958

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

Jesse Carter Opinions

The death penalty for the crime of kidnapping to commit robbery if the victim suffers bodily harm applied where the removal was between the rooms in a dwelling. It was the fact, not the distance, of forcible removal that constituted kidnapping.


Smith V. Bull, Jesse W. Carter May 1958

Smith V. Bull, Jesse W. Carter

Jesse Carter Opinions

A partner that dissolved a partnership and took its goodwill, only customer, and employees with him to start a new business was liable to a deceased partner for half of the value of the goodwill because it continued to exist after the dissolution.


People V. Lyons [Dissent], Jesse W. Carter Apr 1958

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

Jesse Carter Opinions

Defendant's conviction of receiving stolen property was proper because evidence was sufficient to corroborate the testimony of accomplice witnesses where defendant was in possession of stolen property and gave evasive answers as to ownership.


Trust V. Arden Farms Co. [Dissent], Jesse W. Carter Apr 1958

Trust V. Arden Farms Co. [Dissent], Jesse W. Carter

Jesse Carter Opinions

The doctrine of res ipsa loquitur was not applicable where defendant relinquished all control of the instrumentality that caused the injury and the plaintiff failed to show that its condition did not change since defendant relinquished control.


County Of Placer V. Aetna Casualty & Surety Co., Jesse W. Carter Apr 1958

County Of Placer V. Aetna Casualty & Surety Co., Jesse W. Carter

Jesse Carter Opinions

A judicial district judge was not absolutely liable under a statute for his clerk's embezzlement of county funds because he did not direct or countenance her conduct, and a more specific statute made him liable only on the basis of negligence.


People V. Tahtinen [Dissent], Jesse W. Carter Mar 1958

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

Jesse Carter Opinions

In a drug possession case, the court held that the police had reasonable cause to search defendant because three suspects informed the police that defendant was the one who sold them their drugs.


People V. Osslo [Dissent], Jesse W. Carter Mar 1958

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

Jesse Carter Opinions

Sufficient evidence supported the conviction of eight criminal defendants for conspiracy and assault when they beat up the retail clerk union's business agent who reportedly infringed on the butcher union's business.


Johnston V. Claremont [Dissent], Jesse W. Carter Mar 1958

Johnston V. Claremont [Dissent], Jesse W. Carter

Jesse Carter Opinions

Amendment to zoning ordinance was invalid, as the act of amending a general zoning ordinance to change certain property from one zone to another was an act pursuant to the city's legislative capacity, which was subject to referendum.


Vater V. County Of Glenn [Dissent], Jesse W. Carter Mar 1958

Vater V. County Of Glenn [Dissent], Jesse W. Carter

Jesse Carter Opinions

Governmental immunity barred a wrongful death action brought against an irrigation district by an injured party for the deaths of her husband and son, who were killed when they drove into a canal from a bridge that contained no warning devices


Coots V. Southern Pacific Co., Jesse W. Carter Mar 1958

Coots V. Southern Pacific Co., Jesse W. Carter

Jesse Carter Opinions

Where an employee was "blamelessly ignorant" that his moderate dermatitis condition would lead to disability, the statute of limitations under the Federal Employer's Liability Act did not begin to run until he was aware of his worsened condition.


West Covina Enterprises, Inc. V. Chalmers [Dissent], Jesse W. Carter Feb 1958

West Covina Enterprises, Inc. V. Chalmers [Dissent], Jesse W. Carter

Jesse Carter Opinions

An architect was entitled to repudiate a contract to render services in connection with the hospital corporation's construction of an addition because California law required that architects who provided plans for hospitals be licensed by the state.


Estate Of Neubauer, Jesse W. Carter Feb 1958

Estate Of Neubauer, Jesse W. Carter

Jesse Carter Opinions

A charitable gift was not revoked where the probate court admitted both the original will and the altered duplicate, as a holographic codicil, and the heirship proceeding could not revisit the issue of what constituted the decedent's will.


Dow V. Holly Mfg. Co., Jesse W. Carter Feb 1958

Dow V. Holly Mfg. Co., Jesse W. Carter

Jesse Carter Opinions

A general contractor was liable for the negligent installation of a defective gas heater by one of its subcontractors, which caused the death of members of a family residing in the home.


People V. Wilburn, Jesse W. Carter Feb 1958

People V. Wilburn, Jesse W. Carter

Jesse Carter Opinions

Although defendant engaged in a shoot-out with a retired police officer who walked in on a robbery, the evidence pointed to the conclusion that a bullet fired from defendant's gun killed a decedent. Thus, he was guilty of first-degree murder.


. Chavez V. Industrial Accident Com. [Dissent], Jesse W. Carter Feb 1958

. Chavez V. Industrial Accident Com. [Dissent], Jesse W. Carter

Jesse Carter Opinions

The surviving spouse and the children were properly granted benefits consisting principally of unpaid compensation payments that accrued prior to the employee's death. The commission's disapproval of compromise was proper.


Estate Of Heard, Jesse W. Carter Dec 1957

Estate Of Heard, Jesse W. Carter

Jesse Carter Opinions

Trial court properly ordered trustee to pay monthly income to income beneficiary under will requiring payment to individuals or their lawful issue, as testatrix's will was allowed to include adopted children who were adopted after testatrix's death.


People V. Granados [Dissent], Jesse W. Carter Dec 1957

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

Jesse Carter Opinions

Defendant was entitled to modification of his conviction of first degree murder to second degree murder because no competent evidence established that he engaged in sexual molestation of a child under the age of 14.


Ambriz V. Petrolane, Ltd., Jesse W. Carter Dec 1957

Ambriz V. Petrolane, Ltd., Jesse W. Carter

Jesse Carter Opinions

Parents' wrongful death judgments for deaths of their children due to an explosion in their home was upheld against a gas distributor who was liable for independent contractors it employed to deliver the gas, an abnormally dangerous activity.


Christian Nationalist Party V. Jordan [Dissent], Jesse W. Carter Nov 1957

Christian Nationalist Party V. Jordan [Dissent], Jesse W. Carter

Jesse Carter Opinions

Dismissal of an action to invalidate a statute governing the requirements a political party must meet before their party could be listed on an election ballot was proper because the statute was not unreasonably designed to advance a public purpose.


Socialist Party V. Jordan [Dissent], Jesse W. Carter Nov 1957

Socialist Party V. Jordan [Dissent], Jesse W. Carter

Jesse Carter Opinions

Action against Secretary of State to secure declaration as to validity of Elec. Code, ยง 2540, prescribing requirements to be met by a political party before it may participate in a primary election. Judgment of dismissal after sustaining general demurrer to complaint without leave to amend affirmed.


Estate Of Fallon [Dissent], Jesse W. Carter Nov 1957

Estate Of Fallon [Dissent], Jesse W. Carter

Jesse Carter Opinions

A widow was not entitled to a family allowance upon decedent's death because the widow had previously been awarded support for one year, and she did not show that circumstances had changed so that she was entitled to additional support.


Fox V. Aced [Dissent], Jesse W. Carter Nov 1957

Fox V. Aced [Dissent], Jesse W. Carter

Jesse Carter Opinions

Although there had been a breach of a real property exchange agreement because of the failure of one party to deliver property to the other, the damages award was improper because the award was based in part on bad faith that was not shown.


Riley V. Superior Court Of Los Angeles County, Jesse W. Carter Nov 1957

Riley V. Superior Court Of Los Angeles County, Jesse W. Carter

Jesse Carter Opinions

An administratrix's argument that because a guardianship had terminated, the guardian had no capacity to act for the estate, was without merit because the guardianship did not terminate until the judgment of the district court became final.


People V. Craig, Jesse W. Carter Nov 1957

People V. Craig, Jesse W. Carter

Jesse Carter Opinions

Without a showing of premeditation or a showing that a murder was committed in an attempt to commit rape, a first degree murder conviction should have been a second degree murder conviction for the killing of the female victim by defendant.


Spellens V. Spellens, Jesse W. Carter Oct 1957

Spellens V. Spellens, Jesse W. Carter

Jesse Carter Opinions

Where a husband duped his wife into believing that her divorce from her previous husband was final at the time of their marriage, the trial court erred in finding that that the husband was not estopped from denying the marriage.


Industrial Indem. Co. V. Golden State Co. [Dissent], Jesse W. Carter Oct 1957

Industrial Indem. Co. V. Golden State Co. [Dissent], Jesse W. Carter

Jesse Carter Opinions

The judgment declaring a transfer agreement void in favor of the rigging company was proper because the district court's findings were supported by substantial evidence and the denial of interest on the award was properly within its discretion.


Estate Of Stanford, Jesse W. Carter Sep 1957

Estate Of Stanford, Jesse W. Carter

Jesse Carter Opinions

Distribution to children adopted after the death of a testatrix was proper where the will named the children without conditions, and distribution to a child's successor was proper because the bequest was not contingent on the child's survival.


Hilton V. Mcnitt, Jesse W. Carter Sep 1957

Hilton V. Mcnitt, Jesse W. Carter

Jesse Carter Opinions

As the property settlement and divorce decree provided that the decedent was to pay the claimant a finite series of monthly support payments, the executor properly denied the claimant's demand for payments that accrued after the decedent's death.