The case involved nine consolidated actions by material suppliers to foreclose mechanics' liens on property owned by defendant Simon after contractor Grant failed to pay for materials used in constructing a hospital building. The trial court ruled in favor of the plaintiffs, establishing liens on the property for the unpaid amounts plus costs and fees, and ordering its sale. On appeal, Simon challenged the sufficiency of the lien notices' property descriptions, which omitted directional details from a reference point, and other findings regarding the land area subject to the liens. The court affirmed, holding that the descriptions were adequate for identification under the liberal construction required by statute for remedial lien laws, that the evidence supported the trial court's determination of the necessary land area, and that procedural issues from the consolidated actions did not invalidate the judgment.
This case involved an action for an accounting brought by the plaintiff as assignee of J.S. Emery against the defendant over two promissory notes secured by pledged bonds of the Blue Lakes Water Company. Emery defaulted on the notes, and the defendant conducted a private sale of the bonds after notice, selling them to Charles F. Doe for an amount that covered the debt and resulted in the notes being marked paid, with part of the proceeds applied to Emery's separate debt to Doe; the bonds were later resold at a profit in which Emery shared a commission. The trial court ruled for the defendant after finding that Emery was present at the sale, knew the details, and made no timely objection to the sale's manner, price, or crediting. The appellate court affirmed the denial of a new trial, holding that the sale complied with the pledge agreements and that any challenges to its validity were waived or unsupported by the evidence presented. The court also upheld various evidentiary rulings as not affecting the outcome.
The case involved a dispute over the sale of a restaurant and bakery business, including its personal property and goodwill, from F. Siebrecht to the defendants just before Siebrecht filed for bankruptcy; the plaintiff, as trustee of Siebrecht's estate, sought recovery of the property's value after the defendants took possession via a bill of sale. The trial court found that Siebrecht had sold and delivered the property (excluding the leasehold interest) to the defendants, with a reasonable value of $3,500, and entered judgment for the plaintiff. On appeal, the court affirmed, holding that the findings referred only to the personal property and goodwill conveyed in the bill of sale, that title passed upon delivery, and that the defendants were obligated to pay the reasonable value even without a prior agreed price. The court reasoned that ambiguities in the findings should be construed to support the judgment, that the evidence of value aligned with the personal property alone, and that the subsequent bankruptcy did not affect the defendants' liability for the transferred assets.
The case involved an action by Hibernia Savings & Loan Society to foreclose a mortgage on property that had been declared a homestead by Julia Hinz, who had acquired full title after her husband's death and later renewed the mortgage before her own death. The plaintiff had not presented its claim to the executrix of Julia's estate within the required time. The court affirmed judgment for the defendant executrix, holding that the foreclosure action was barred. Under Code of Civil Procedure sections 1475 and 1500, a mortgage on homestead property requires the creditor to present its claim for allowance like other estate claims, and failure to do so prevents enforcement of the lien after the mortgagor's death.
The case concerned an action by the plaintiff to enjoin a sheriff from selling her real property under a writ of execution issued on a judgment against her father, the prior owner. The superior court ruled for the plaintiff and enjoined the sale, and the appellate court affirmed on the judgment roll. The court held that the property had been conveyed and recorded in the plaintiff's name before the judgment transcript was filed or the levy occurred, creating no lien, and that the transfer was not fraudulent because the property had been a homestead exempt from execution under the Civil Code. As creditors could not have reached the homestead by legal process, the conveyance did not obstruct their rights or constitute fraud under sections 3441 and 3442.
This case involved a member of a local division of the Amalgamated Association of Street Railway Employees of America, a voluntary unincorporated labor association, who was expelled after charges of violating obligations, holding secret meetings, and conspiring against the union president. The trial court granted a writ of mandate ordering his reinstatement, and the appellate court affirmed. The court held that the association's constitution and by-laws formed a binding contract with members that strictly limited expulsion to specific offenses like divulging passwords, while allowing only fines up to $15 for all other offenses; the charges here fell outside the expulsion provisions, rendering the expulsion unauthorized and void. The member's failure to attend the hearing did not expand the association's authority beyond its rules, and internal appeals did not validate the improper order.
