ease within rule (California) · Go Syfert
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ease within rule in California

30 California opinions name it 2 courts 1907–1968 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (14)

CaseFollowedCited
McCarthy v. Tallygreen
cal · 1956 · cited in 1 California opinions naming this issue, 1966–1966
2 sentences

1966See McCarthy v. Tally, 46 Cal.2d 577, 583 [ 297 P.2d 981 ], and eases cited.) Thus the validity of a provision for liquidated damages will depend in each case upon the sufficiency of the evidence to bring the ease within the exception of section 1671.

1966See McCarthy v. Tally, 46 Cal.2d 577, 583 [ 297 P.2d 981 ], and eases cited.) Thus the validity of a provision for liquidated damages will depend in each case upon the sufficiency of the evidence to bring the ease within the exception of section 1671.

11
Rogers v. Mulkeygreen
calctapp · 1944 · cited in 1 California opinions naming this issue, 1950–1950
2 sentences

1950See Rogers v. Mulkey, 63 Cal.App.2d 567 [ 147 P.2d 62 ], where the court says (p. 575): “Fraud or mistake is extrinsic when it deprives the unsuccessful party of an opportunity to present his case to the court. [Citations.] ’ ’ With certain statutory exceptions, consent to an adoption is considered a jurisdictional prerequisite. (1 Cal.Jur. 436.) “Where required, consent is ordinarily held an essential requisite to jurisdiction on the part of the court to make an order of adoption unless conditions or exceptions exist, specially provided by the statute itself, which render consent unnecessary.

1950See Rogers v. Mulkey, 63 Cal.App.2d 567 [ 147 P.2d 62 ], where the court says (p. 575): “Fraud or mistake is extrinsic when it deprives the unsuccessful party of an opportunity to present his case to the court. [Citations.] ’ ’ With certain statutory exceptions, consent to an adoption is considered a jurisdictional prerequisite. (1 Cal.Jur. 436.) “Where required, consent is ordinarily held an essential requisite to jurisdiction on the part of the court to make an order of adoption unless conditions or exceptions exist, specially provided by the statute itself, which render consent unnecessary.

11
Estate of Helmgreen
calctapp · 1935 · cited in 1 California opinions naming this issue, 1948–1948
2 sentences

1948(Estate of Kelpsch, 203 Cal. 613, 616-617 [ 265 P. 214 ]; Estate of Helm, 6 Cal.App.2d 752, 754-755 [ 45 P.2d 250 ].) As to the husband’s claim that the real property is separate property passing to him on termination of joint tenancy by the wife’s death, the determination of that question is of course equally beyond the jurisdiction of the probate court.

1948(Estate of Kelpsch, 203 Cal. 613, 616-617 [ 265 P. 214 ]; Estate of Helm, 6 Cal.App.2d 752, 754-755 [ 45 P.2d 250 ].) As to the husband’s claim that the real property is separate property passing to him on termination of joint tenancy by the wife’s death, the determination of that question is of course equally beyond the jurisdiction of the probate court.

11
Beckner v. Kelpschgreen
cal · 1928 · cited in 1 California opinions naming this issue, 1948–1948
2 sentences

1948(Estate of Kelpsch, 203 Cal. 613, 616-617 [ 265 P. 214 ]; Estate of Helm, 6 Cal.App.2d 752, 754-755 [ 45 P.2d 250 ].) As to the husband’s claim that the real property is separate property passing to him on termination of joint tenancy by the wife’s death, the determination of that question is of course equally beyond the jurisdiction of the probate court.

1948(Estate of Kelpsch, 203 Cal. 613, 616-617 [ 265 P. 214 ]; Estate of Helm, 6 Cal.App.2d 752, 754-755 [ 45 P.2d 250 ].) As to the husband’s claim that the real property is separate property passing to him on termination of joint tenancy by the wife’s death, the determination of that question is of course equally beyond the jurisdiction of the probate court.

11
Pritchard v. Kinggreen
cal · 1926 · cited in 1 California opinions naming this issue, 1948–1948
2 sentences

1948(Estate of King, 199 Cal. 113, 117-118 [ 248 P. 519 ].) It is said in Estate of Klumpke, supra, 167 Cal. at page 421 ; “A surviving husband claiming that certain prop *684 erty was community property up to the time of the death of his wife is thereby asserting a claim of title adverse to that of the estate of his wife, which cannot be determined by the court in probate. ’ ’ The only cases where the husband’s claim against the wife’s estate that property was community has been held to be within the probate court’s jurisdiction are cases where the husband was the personal representative, thus br

1948(Estate of King, 199 Cal. 113, 117-118 [ 248 P. 519 ].) It is said in Estate of Klumpke, supra, 167 Cal. at page 421 ; “A surviving husband claiming that certain prop *684 erty was community property up to the time of the death of his wife is thereby asserting a claim of title adverse to that of the estate of his wife, which cannot be determined by the court in probate. ’ ’ The only cases where the husband’s claim against the wife’s estate that property was community has been held to be within the probate court’s jurisdiction are cases where the husband was the personal representative, thus br

11
Butcher v. Brouwergreen
cal · 1942 · cited in 1 California opinions naming this issue, 1947–1947
2 sentences

1947We have held that “even though the creditor may have satisfied the court that he has proceeded with due diligence to enforce his judgment under section 681, the court may still deny him its process if the debtor shows circumstances occurring subsequent to the five-year period upon which, in the exercise of a sound discretion, it should conclude that he is not now entitled to collect his judgment.” (Butcher v. Brouwer, 21 Cal.2d 354, 358 [ 132 P.2d 205 ].) Defendant’s reliance on the assurance that the judgment would not be enforced against him, the failure to make any demand on him for payment

1947We have held that “even though the creditor may have satisfied the court that he has proceeded with due diligence to enforce his judgment under section 681, the court may still deny him its process if the debtor shows circumstances occurring subsequent to the five-year period upon which, in the exercise of a sound discretion, it should conclude that he is not now entitled to collect his judgment.” (Butcher v. Brouwer, 21 Cal.2d 354, 358 [ 132 P.2d 205 ].) Defendant’s reliance on the assurance that the judgment would not be enforced against him, the failure to make any demand on him for payment

11
Wait v. Kern River Mining, Milling, & Developing Co.green
cal · 1909 · cited in 1 California opinions naming this issue, 1944–1944
2 sentences

1944(Wait v. Kern River Mining etc. Co., 157 Cal. 16, 23 [ 106 P. 98 ].) The pleadings and facts established in the present case are sufficient to authorize the judgment given.

1944(Wait v. Kern River Mining etc. Co., 157 Cal. 16, 23 [ 106 P. 98 ].) The pleadings and facts established in the present case are sufficient to authorize the judgment given.

11
Fleishman v. Woodsgreen
cal · 1901 · cited in 1 California opinions naming this issue, 1944–1944
2 sentences

1944(See also Fleishman v. Woods, 135 Cal. 256, 260 [ 67 P. 276 ].) It has been well established in this state that if the facts alleged in the pleadings and those proved are sufficient to bring a ease within the exception and show inadequacy of legal remedy, that is enough.

1944(See also Fleishman v. Woods, 135 Cal. 256, 260 [ 67 P. 276 ].) It has been well established in this state that if the facts alleged in the pleadings and those proved are sufficient to bring a ease within the exception and show inadequacy of legal remedy, that is enough.

11
Thompson v. Cookgreen
cal · 1942 · cited in 1 California opinions naming this issue, 1943–1943
2 sentences

1943(Akley v. Bassett, 189 Cal. 625, 630-639 [ 209 P. 576 ]; Thompson v. Cook, 20 Cal.2d 564, 569-573 [ 127 P.2d 909 ].) As originally filed the answers alleged a good will or going concern value but made no mention of the company’s liabilities which may have been greater.

1943(Akley v. Bassett, 189 Cal. 625, 630-639 [ 209 P. 576 ]; Thompson v. Cook, 20 Cal.2d 564, 569-573 [ 127 P.2d 909 ].) As originally filed the answers alleged a good will or going concern value but made no mention of the company’s liabilities which may have been greater.

11
Carpenter v. Pacific Mutual Life Insurancegreen
cal · 1939 · cited in 1 California opinions naming this issue, 1943–1943
2 sentences

1943Co. 13 Cal.2d 306, 315 [89 P.2d 637 ].) It is claimed that defendants’ answers herein admit the company was solvent, thus bringing this ease within the rule that where a party admits facts showing invalidity of a judgment valid on its face it must be set aside.

1943Co. 13 Cal.2d 306, 315 [89 P.2d 637 ].) It is claimed that defendants’ answers herein admit the company was solvent, thus bringing this ease within the rule that where a party admits facts showing invalidity of a judgment valid on its face it must be set aside.

11
Akley v. Bassettgreen
cal · 1922 · cited in 1 California opinions naming this issue, 1943–1943
2 sentences

1943(Akley v. Bassett, 189 Cal. 625, 630-639 [ 209 P. 576 ]; Thompson v. Cook, 20 Cal.2d 564, 569-573 [ 127 P.2d 909 ].) As originally filed the answers alleged a good will or going concern value but made no mention of the company’s liabilities which may have been greater.

1943(Akley v. Bassett, 189 Cal. 625, 630-639 [ 209 P. 576 ]; Thompson v. Cook, 20 Cal.2d 564, 569-573 [ 127 P.2d 909 ].) As originally filed the answers alleged a good will or going concern value but made no mention of the company’s liabilities which may have been greater.

11
People v. Cosbygreen
calctapp · 1934 · cited in 1 California opinions naming this issue, 1940–1940
11
People v. Lapierregreen
cal · 1928 · cited in 1 California opinions naming this issue, 1940–1940
11
Rolls v. Allengreen
cal · 1928 · cited in 1 California opinions naming this issue, 1937–1937
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (42)

CaseCitedYears
People v. Barnett green
calctapp · 1953
2 sentences

1968Thus he asserts that the failure of the police officers to keep the informer under constant observation brings the ease within the rule of People v. Barnett (1953) 118 Cal.App.2d 336 [ 257 P.2d 1041 ], where it was held that such failure constituted a fatal flaw in the chain of evidence.

1968Thus he asserts that the failure of the police officers to keep the informer under constant observation brings the ease within the rule of People v. Barnett (1953) 118 Cal.App.2d 336 [ 257 P.2d 1041 ], where it was held that such failure constituted a fatal flaw in the chain of evidence.

21961–1968
Bauer v. Bauer green
cal · 1927
2 sentences

1951(Ex parte Casey, 71 Cal. 269 [ 12 P. 118 ]; Estate of Haas, 97 Cal. 232 [ 31 P. 893 , 32 P. 327 ].) This is necessarily so for the reason that either the person initiating the attack or the person resisting the attack is lacking in privity to the probate proceedings.” And at page 684: “The only cases where the husband’s claim against the wife’s estate that property was community has been held to be within the probate court’s jurisdiction are cases where the husband was the personal representative, thus bringing the ease within the exception mentioned in Bauer v. Bauer, supra, 201 Cal. 267 , an

1948(Estate of King, 199 Cal. 113, 117-118 [ 248 P. 519 ].) It is said in Estate of Klumpke, supra, 167 Cal. at page 421 ; “A surviving husband claiming that certain prop *684 erty was community property up to the time of the death of his wife is thereby asserting a claim of title adverse to that of the estate of his wife, which cannot be determined by the court in probate. ’ ’ The only cases where the husband’s claim against the wife’s estate that property was community has been held to be within the probate court’s jurisdiction are cases where the husband was the personal representative, thus br

21948–1951
People v. Burke green
cal · 1964
2 sentences

1966It is argued that this brings the ease within the principle of People v. Burke, 61 Cal.2d 575 [ 39 Cal.Rptr. 531 , 394 P.2d 67 ], As far as the finding of the beer is concerned, this was brought out by defense counsel and fit in with his theory of intoxication.

1966It is argued that this brings the ease within the principle of People v. Burke, 61 Cal.2d 575 [ 39 Cal.Rptr. 531 , 394 P.2d 67 ], As far as the finding of the beer is concerned, this was brought out by defense counsel and fit in with his theory of intoxication.

11966–1966
People v. Citrino green
cal · 1956
1 sentence

1959Even if we assume that there is some validity to this argument, it still does not bring the instant ease within the rule of People v. Citrino, supra, 46 Cal.2d 284 .

11959–1959
Womar v. City of Long Beach neutral
calctapp · 1941
2 sentences

1957Defendant also seeks to bring this ease within the rule of Womar v. City of Long Beach, 45 Cal.App.2d 643 [ 114 P.2d 704 ], where the injury was due to a “set of unfortunate natural circumstances for which the law provides no remedy.” However, whether the injury was due to the acts of the defendant when it made the 1955 changes in the outfall line, as contended by the plaintiff, or due to the unusually heavy rainfall, as contended by the defendant, was a matter of fact properly left to the jury and resolved in favor of the plaintiffs here.

1957Defendant also seeks to bring this ease within the rule of Womar v. City of Long Beach, 45 Cal.App.2d 643 [ 114 P.2d 704 ], where the injury was due to a “set of unfortunate natural circumstances for which the law provides no remedy.” However, whether the injury was due to the acts of the defendant when it made the 1955 changes in the outfall line, as contended by the plaintiff, or due to the unusually heavy rainfall, as contended by the defendant, was a matter of fact properly left to the jury and resolved in favor of the plaintiffs here.

11957–1957
People v. Davenport green
cal · 1939
2 sentences

1955Defendant contends that this fact brings the ease within the rule of People v. Davenport, 13 Cal.2d 681 [ 91 P.2d 892 ], People v. Syde, supra, 37 Cal.2d 765 , and others, that “It is settled that the Corporate Securities Law was not intended to afford supervision and regulation of instruments which constitute agreements with persons who expect to reap a profit from their own services or other active participation in a business venture.” (People v. Syde, supra, 37 Cal.2d at p. 768 .) The facts of that case are easily distinguishable from the facts in our case.

1955Defendant contends that this fact brings the ease within the rule of People v. Davenport, 13 Cal.2d 681 [ 91 P.2d 892 ], People v. Syde, supra, 37 Cal.2d 765 , and others, that “It is settled that the Corporate Securities Law was not intended to afford supervision and regulation of instruments which constitute agreements with persons who expect to reap a profit from their own services or other active participation in a business venture.” (People v. Syde, supra, 37 Cal.2d at p. 768 .) The facts of that case are easily distinguishable from the facts in our case.

11955–1955
People v. Syde green
cal · 1951
2 sentences

1955Defendant contends that this fact brings the ease within the rule of People v. Davenport, 13 Cal.2d 681 [ 91 P.2d 892 ], People v. Syde, supra, 37 Cal.2d 765 , and others, that “It is settled that the Corporate Securities Law was not intended to afford supervision and regulation of instruments which constitute agreements with persons who expect to reap a profit from their own services or other active participation in a business venture.” (People v. Syde, supra, 37 Cal.2d at p. 768 .) The facts of that case are easily distinguishable from the facts in our case.

1955Defendant contends that this fact brings the ease within the rule of People v. Davenport, 13 Cal.2d 681 [ 91 P.2d 892 ], People v. Syde, supra, 37 Cal.2d 765 , and others, that “It is settled that the Corporate Securities Law was not intended to afford supervision and regulation of instruments which constitute agreements with persons who expect to reap a profit from their own services or other active participation in a business venture.” (People v. Syde, supra, 37 Cal.2d at p. 768 .) The facts of that case are easily distinguishable from the facts in our case.

11955–1955
McCalla v. Grosse green
calctapp · 1941
2 sentences

1953It is argued that the allegations that Maurer *408 purchased the vehicle and permitted it to be registered in the name of Wardwell, knowing that he was a reckless and careless driver and not licensed to drive, were sufficient to bring this ease within the rule announced in McCalla v. Grosse, 42 Cal.App.2d 546 [ 109 P.2d 358 ], “that one who knowingly permits an unfit driver to use his automobile is liable for damages caused by the negligent acts of the unfit driver in the operation of the car.” It is also argued that the allegations of uncertainty set forth in the demurrer are not well taken s

1953It is argued that the allegations that Maurer *408 purchased the vehicle and permitted it to be registered in the name of Wardwell, knowing that he was a reckless and careless driver and not licensed to drive, were sufficient to bring this ease within the rule announced in McCalla v. Grosse, 42 Cal.App.2d 546 [ 109 P.2d 358 ], “that one who knowingly permits an unfit driver to use his automobile is liable for damages caused by the negligent acts of the unfit driver in the operation of the car.” It is also argued that the allegations of uncertainty set forth in the demurrer are not well taken s

11953–1953
Hathaway v. Siskiyou Union High School District green
calctapp · 1944
2 sentences

1953The respondent contends that no cause of action is stated against him since it is not alleged that he was the owner of this car, but on the contrary it is directly alleged that Ward-well was the owner; that the allegations are not sufficient to show that he had legal custody of the defendant Wardwell, citing Hathaway v. Siskiyou Union High School Dist., 66 Cal.App.2d 103 [ 151 P.2d 861 ], in which it was held that the person having custody of a minor, within the meaning of subdivision (b) of section 352, means a person having the permanent legal custody and not one whose control is limited in

1953The respondent contends that no cause of action is stated against him since it is not alleged that he was the owner of this car, but on the contrary it is directly alleged that Ward-well was the owner; that the allegations are not sufficient to show that he had legal custody of the defendant Wardwell, citing Hathaway v. Siskiyou Union High School Dist., 66 Cal.App.2d 103 [ 151 P.2d 861 ], in which it was held that the person having custody of a minor, within the meaning of subdivision (b) of section 352, means a person having the permanent legal custody and not one whose control is limited in

11953–1953
American Colonial Bank v. Peña green
prsupreme · 1922
1 sentence

1951(Ex parte Casey, 71 Cal. 269 [ 12 P. 118 ]; Estate of Haas, 97 Cal. 232 [ 31 P. 893 , 32 P. 327 ].) This is necessarily so for the reason that either the person initiating the attack or the person resisting the attack is lacking in privity to the probate proceedings.” And at page 684: “The only cases where the husband’s claim against the wife’s estate that property was community has been held to be within the probate court’s jurisdiction are cases where the husband was the personal representative, thus bringing the ease within the exception mentioned in Bauer v. Bauer, supra, 201 Cal. 267 , an

11951–1951
Ex parte Casey green
cal · 1886
2 sentences

1951(Ex parte Casey, 71 Cal. 269 [ 12 P. 118 ]; Estate of Haas, 97 Cal. 232 [ 31 P. 893 , 32 P. 327 ].) This is necessarily so for the reason that either the person initiating the attack or the person resisting the attack is lacking in privity to the probate proceedings.” And at page 684: “The only cases where the husband’s claim against the wife’s estate that property was community has been held to be within the probate court’s jurisdiction are cases where the husband was the personal representative, thus bringing the ease within the exception mentioned in Bauer v. Bauer, supra, 201 Cal. 267 , an

1951(Ex parte Casey, 71 Cal. 269 [ 12 P. 118 ]; Estate of Haas, 97 Cal. 232 [ 31 P. 893 , 32 P. 327 ].) This is necessarily so for the reason that either the person initiating the attack or the person resisting the attack is lacking in privity to the probate proceedings.” And at page 684: “The only cases where the husband’s claim against the wife’s estate that property was community has been held to be within the probate court’s jurisdiction are cases where the husband was the personal representative, thus bringing the ease within the exception mentioned in Bauer v. Bauer, supra, 201 Cal. 267 , an

11951–1951
In re Estate of Haas green
cal · 1893
1 sentence

1951(Ex parte Casey, 71 Cal. 269 [ 12 P. 118 ]; Estate of Haas, 97 Cal. 232 [ 31 P. 893 , 32 P. 327 ].) This is necessarily so for the reason that either the person initiating the attack or the person resisting the attack is lacking in privity to the probate proceedings.” And at page 684: “The only cases where the husband’s claim against the wife’s estate that property was community has been held to be within the probate court’s jurisdiction are cases where the husband was the personal representative, thus bringing the ease within the exception mentioned in Bauer v. Bauer, supra, 201 Cal. 267 , an

11951–1951
Matter of Cozza green
· 1912
2 sentences

1950As said in Matter of Cozza, 163 Cal. 514 [ 126 P. 161 , Ann.Cas. 1914A 214], “Consent lies at the foundation of statutes of adoption ...” (P. 522.) In Pico v. Cohn, 91 Cal. 129 [ 25 P. 970 , 27 P. 537 , 25 Am.St.Rep. 159 , 13 L.R.A. 336 ], cited by defendants, the court, after stating the general rule that where parties have submitted a matter to a court for determination, or have had an opportunity to submit it, the court’s determination must be final, gives the exception to that rule: “. . . unless it can be shown that the jurisdiction of the court has been imposed upon, or that the prevaili

1950As said in Matter of Cozza, 163 Cal. 514 [ 126 P. 161 , Ann.Cas. 1914A 214], “Consent lies at the foundation of statutes of adoption ...” (P. 522.) In Pico v. Cohn, 91 Cal. 129 [ 25 P. 970 , 27 P. 537 , 25 Am.St.Rep. 159 , 13 L.R.A. 336 ], cited by defendants, the court, after stating the general rule that where parties have submitted a matter to a court for determination, or have had an opportunity to submit it, the court’s determination must be final, gives the exception to that rule: “. . . unless it can be shown that the jurisdiction of the court has been imposed upon, or that the prevaili

11950–1950
Díaz v. Arkadia Sugar Co. green
prsupreme · 1919
1 sentence

1950As said in Matter of Cozza, 163 Cal. 514 [ 126 P. 161 , Ann.Cas. 1914A 214], “Consent lies at the foundation of statutes of adoption ...” (P. 522.) In Pico v. Cohn, 91 Cal. 129 [ 25 P. 970 , 27 P. 537 , 25 Am.St.Rep. 159 , 13 L.R.A. 336 ], cited by defendants, the court, after stating the general rule that where parties have submitted a matter to a court for determination, or have had an opportunity to submit it, the court’s determination must be final, gives the exception to that rule: “. . . unless it can be shown that the jurisdiction of the court has been imposed upon, or that the prevaili

11950–1950
Pico v. Cohn green
cal · 1891
1 sentence

1950As said in Matter of Cozza, 163 Cal. 514 [ 126 P. 161 , Ann.Cas. 1914A 214], “Consent lies at the foundation of statutes of adoption ...” (P. 522.) In Pico v. Cohn, 91 Cal. 129 [ 25 P. 970 , 27 P. 537 , 25 Am.St.Rep. 159 , 13 L.R.A. 336 ], cited by defendants, the court, after stating the general rule that where parties have submitted a matter to a court for determination, or have had an opportunity to submit it, the court’s determination must be final, gives the exception to that rule: “. . . unless it can be shown that the jurisdiction of the court has been imposed upon, or that the prevaili

11950–1950
In Re the Estate of Klumpke green
cal · 1914
1 sentence

1948(Estate of King, 199 Cal. 113, 117-118 [ 248 P. 519 ].) It is said in Estate of Klumpke, supra, 167 Cal. at page 421 ; “A surviving husband claiming that certain prop *684 erty was community property up to the time of the death of his wife is thereby asserting a claim of title adverse to that of the estate of his wife, which cannot be determined by the court in probate. ’ ’ The only cases where the husband’s claim against the wife’s estate that property was community has been held to be within the probate court’s jurisdiction are cases where the husband was the personal representative, thus br

11948–1948
Russell v. Miller green
cal · 1943
2 sentences

1945In the ease just cited, it is further held that it is the duty of the petitioner to set forth in his petition for the writ his objections to the proceedings had before the board, if such proceedings are to be questioned. *8 Nowhere in the petition for a writ of supersedeas, nor at the argument thereon, was any showing made that the questions raised on the appeal bring this ease within the doctrine enunciated in Dare v. Board of Medical Examiners, supra, or Russell v. Miller, 21 Cal.2d 817 [ 136 P.2d 318 ], By stipulation, the record of the mandamus proceeding in the superior court is now befor

1945In the ease just cited, it is further held that it is the duty of the petitioner to set forth in his petition for the writ his objections to the proceedings had before the board, if such proceedings are to be questioned. *8 Nowhere in the petition for a writ of supersedeas, nor at the argument thereon, was any showing made that the questions raised on the appeal bring this ease within the doctrine enunciated in Dare v. Board of Medical Examiners, supra, or Russell v. Miller, 21 Cal.2d 817 [ 136 P.2d 318 ], By stipulation, the record of the mandamus proceeding in the superior court is now befor

11945–1945
Franck v. Spencer green
cal · 1922
2 sentences

1944Appellant claims that this testimony, which was uncontradicted, brings the ease within the rule announced in Estate of Franck, 190 Cal. 28 [ 210 P. 417 ].

1944Appellant claims that this testimony, which was uncontradicted, brings the ease within the rule announced in Estate of Franck, 190 Cal. 28 [ 210 P. 417 ].

11944–1944
People v. King green
calctapp · 1935
11940–1940
People v. Lisenba green
cal · 1939
11940–1940
People v. Knight green
calctapp · 1923
11940–1940
People v. Northcott green
cal · 1930
2 sentences

1940It is conceded that the general rule is that evidence of other crimes is not admissible to prove the charges for which the defendant stands charged, but there are limitations and exceptions to the rule allowing introduction of evidence of other offenses and it is the contention of respondent that the evidence pertaining to the commission of a similar offense by appellant as here described brings the instant ease within the exception and limitation of the rule, citing People v. Cosby, 137 Cal. App. 332, 334 [ 31 Pac. (2d) 218 ], People v. Northcott, 209 Cal. 639 [ 289 Pac. 634 , 70 A. L.

1940It is conceded that the general rule is that evidence of other crimes is not admissible to prove the charges for which the defendant stands charged, but there are limitations and exceptions to the rule allowing introduction of evidence of other offenses and it is the contention of respondent that the evidence pertaining to the commission of a similar offense by appellant as here described brings the instant ease within the exception and limitation of the rule, citing People v. Cosby, 137 Cal. App. 332, 334 [ 31 Pac. (2d) 218 ], People v. Northcott, 209 Cal. 639 [ 289 Pac. 634 , 70 A. L.

11940–1940
Mary Pickford Co. v. Bayly Bros., Inc. green
cal · 1939
11939–1939
MacDonald v. Reich & Lievre, Inc. green
calctapp · 1929
11939–1939
McKibbin v. McKibbin green
cal · 1903
11939–1939
Breyfogle v. Tighe green
calctapp · 1922
11932–1932
Bell v. Mortgage Guarantee Co. neutral
calctapp · 1930
11932–1932
Dauch v. Ginsburg green
cal · 1931
11932–1932
Oakland Bank of Savings v. California Pressed Brick Co. green
cal · 1920
11932–1932
Mitchell v. Hawley green
cal · 1889
11927–1927
Spring Street Co. v. City of Los Angeles green
cal · 1915
11920–1920
Roehm v. Horst green
· 1900
11919–1919
Mineral Park Land Co. v. Howard green
cal · 1916
11918–1918
Pearson v. McKinney green
· 1911
11918–1918
Vickrey v. Maier green
cal · 1912
11918–1918
McKannay v. Horton green
cal · 1907
11917–1917
Furlong v. Cooney green
cal · 1887
11912–1912
Smith v. Furlong neutral
cal · 1911
11911–1911
Smith v. Boston neutral
cal · 1911
11911–1911
Campbell v. Moran green
cal · 1911
11911–1911

Where else courts name it

CA 30 (1907–1968) NY 8 (1902–1966) TX 7 (1911–1934) IA 5 (1929–1986) PA 4 (1892–1976) ID 3 (1906–1925) GA 3 (1907–1934) KY 3 (1877–1917) IN 3 (1908–1927) WV 3 (1910–1932) OK 3 (1910–1938) NC 2 (1911–1954) AZ 2 (1912–1931) MT 2 (1909–1934)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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