28 F.2d 955 (1928) CARANICA v. NAGLE, Commissioner of Immigration. [*] No. 5569. Circuit Court of Appeals, Ninth Circuit. November 5, 1928. *956 Clifford A. Russell and Donald McKisick, both of Sacramento, Cal., for appellant. Geo. J. Hatfield, U. S. Atty., and Geo. M. Naus, Asst. U. S. Atty., both of San Francisco, Cal., for appellee. Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges. RUDKIN, Circuit Judge. This is an appeal from an order denying a petition for a writ of habeas corpus in an...
28 F.2d 957 (1928) VAN CAMP SEA FOOD CO., Inc., v. WESTGATE SEA PRODUCTS CO. No. 5516. Circuit Court of Appeals, Ninth Circuit. November 5, 1928. Newby & Newby and Nathan Newby, all of Los Angeles, Cal. (Dee Holder, of Los Angeles, Cal., of counsel), for appellant. Wm. S. Graham, of San Francisco, Cal., for appellee. Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges. DIETRICH, Circuit Judge. Both parties are packers of tuna fish, with places of business in Southern California. The appellant (...
28 F.2d 921 (1928) COCKS et al. v. RIP VAN WINKLE WALL BED CO. et al. No. 5503. Circuit Court of Appeals, Ninth Circuit. November 12, 1928. Wm. L. Connor, of Los Angeles, Cal., for appellants. John H. Miller and A. W. Boyken, both of San Francisco, Cal., and Raymond Ives Blakeslee, of Los Angeles, Cal., for appellees. Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges. GILBERT, Circuit Judge. The appellants seek the reversal of a decree of the court below which dismissed their complaint in a...
28 F.2d 817 (1928) AYCOCK v. O'BRIEN. No. 5501. Circuit Court of Appeals, Ninth Circuit. October 29, 1928. Troy Pace and H. L. Arterberry, both of Los Angeles, Cal. (Palmer, Davis & Scott, of Washington, D. C., and James, Pace, Smith & Younkin, of Los Angeles, Cal., of counsel), for appellant. Samuel W. McNabb, U. S. Atty., and Emmett E. Doherty and Ignatius F. Parker, Asst. U. S. Attys., all of Los Angeles, Cal., for appellee. Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges. DIETRICH,...
28 F.2d 457 (1928) CLARK v. MILENS. No. 5500. Circuit Court of Appeals, Ninth Circuit. October 8, 1928. Coan & Rosenberg, of Portland, Or., for appellant. James H. McMenamin and Thomas J. Cleeton, both of Portland, Or., for appellee. Before RUDKIN and DIETRICH, Circuit Judges, and NORCROSS, District Judge. DIETRICH, Circuit Judge. On December 3, 1926, the appellee, who had been engaged in the retail shoe business at Portland, Or., was adjudged a bankrupt. After a hearing in which she...
29 F.2d 92 (1928) NATIONAL SURETY CO. v. UNITED STATES. Nos. 5496-5498, 5539, 5540. No. 5496. Circuit Court of Appeals, Ninth Circuit. October 29, 1928. *93 *94 Caldwell & Lycette, of Seattle, Wash., for appellant. Anthony Savage, U. S. Atty., and Paul D. Coles, David Spalding, and Tom E. De Wolfe, Asst. U. S. Attys., all of Seattle, Wash. Before RUDKIN, DIETRICH, and HUNT, Circuit Judges. No. 5496. Appeal from a judgment in scire facias proceedings. In May, 1924, Charles Unverzagt was arrested...
28 F.2d 679 (1928) In re MERRITT. MERRITT v. PETERS. No. 5493. Circuit Court of Appeals, Ninth Circuit. October 22, 1928. Nicholas W. Hacker, of Pasadena, Cal., for appellant. W. T. Craig, of Los Angeles, Cal. (Thomas S. Tobin, of Los Angeles, Cal., of counsel), for appellee. Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges. GILBERT, Circuit Judge. The appellant appeals from an order of the court below denying his petition for discharge in bankruptcy. To the petition creditors objected that...
27 F.2d 842 (1928) COLLINS et al. v. TRAEGER, Sheriff. No. 5485. Circuit Court of Appeals, Ninth Circuit. August 20, 1928. *843 George D. Collins, Jr., of San Francisco, Cal., for appellants. Asa Keyes, Dist. Atty., and Tracy Chatfield Becker, Deputy Dist. Atty., both of Los Angeles, Cal., for appellee. Before RUDKIN, DIETRICH, and HUNT, Circuit Judges. DIETRICH, Circuit Judge. The appellant Millard stands charged in an Illinois court with the commission in that state of an offense defined by...
29 F.2d 71 (1928) BROWNLEE et al. v. MUTUAL BEN. HEALTH & ACCIDENT ASS'N. [*] No. 5481. Circuit Court of Appeals, Ninth Circuit. November 5, 1928. Ernest Cole, of Portland, Or., for appellants. Wallace McCamant, Ralph H. King, and McCamant & Thompson, all of Portland, Or., for appellee. Before RUDKIN and DIETRICH, Circuit Judges, and NORCROSS, District Judge. NORCROSS, District Judge. This is an action by the beneficiaries of an accident insurance policy issued by appellee to Leslie J. Brownlee,...
28 F.2d 603 (1928) WEEDIN, United States Commissioner of Immigration, v. HEMPEL. No. 5480. Circuit Court of Appeals, Ninth Circuit. October 15, 1928. Anthony Savage, U. S. Atty., and Paul D. Coles, Asst. U. S. Atty., both of Seattle, Wash. (John F. Dunton, U. S. Immigration Service of Seattle, Wash., on the brief), for appellant. Erich Paul Hans Hempel, of Seattle, Wash., pro se. Before RUDKIN, DIETRICH, and HUNT, Circuit Judges. DIETRICH, Circuit Judge. The appellee, a German national, entered...
28 F.2d 681 (1928) NEWMAN et al. v. UNITED STATES. [*] No. 5471. Circuit Court of Appeals, Ninth Circuit. October 22, 1928. Paul Carrigan, of Seattle, Wash., for appellants. Anthony Savage, U. S. Atty., and Jeffrey Heiman, Asst. U. S. Atty., both of Seattle, Wash. Before RUDKIN, DIETRICH, and HUNT, Circuit Judges. DIETRICH, Circuit Judge. The six appellants, with others, were charged with and convicted of entering into a conspiracy on or about February 15, 1927, to commit several of the...
28 F.2d 684 (1928) CALDWELL v. UNITED STATES. No. 5471. Circuit Court of Appeals, Ninth Circuit. October 22, 1928. Weldon G. Bettens and John P. Lycette, both of Seattle, Wash., for appellant. Thos. P. Revelle and Anthony Savage, both of Seattle, Wash., for the United States. Before RUDKIN, DIETRICH, and HUNT, Circuit Judges. DIETRICH, Circuit Judge. This is an appeal from a judgment fining the appellant, one of defendants' attorneys, for contempt committed in the presence of the court during...
28 F.2d 606 (1928) BRENNER et al. v. GAUNCE. No. 5467. Circuit Court of Appeals, Ninth Circuit. October 8, 1928. S. M. Bruce, of Bellingham, Wash., for appellants. Nelson R. Anderson, of Seattle, Wash., amicus curiæ on behalf of appellee. Before RUDKIN, DIETRICH, and HUNT, Circuit Judges. DIETRICH, Circuit Judge. By the order from which they appeal, appellants were denied a discharge in bankruptcy upon the ground that they had failed to account for a large amount of merchandise which the...
28 F.2d 666 (1928) VUKICH v. UNITED STATES. [*] No. 5460. Circuit Court of Appeals, Ninth Circuit. October 29, 1928. *667 Robertson, Paine & Schaaf, of Spokane, Wash., for appellant. Roy C. Fox, U. S. Atty., and E. J. Farley, Asst. U. S. Atty., both of Spokane, Wash. Before RUDKIN and DIETRICH, Circuit Judges, and NORCROSS, District Judge. NORCROSS, District Judge. The appellant, Vukich, was convicted on two counts of an indictment; the first count charging that he carried on the business of a...
27 F.2d 462 (1928) CROCKER FIRST NAT. BANK OF SAN FRANCISCO (substituted for CROCKER NAT. BANK OF SAN FRANCISCO), v. DE SOUSA et al. No. 5456. Circuit Court of Appeals, Ninth Circuit. June 25, 1928. Rehearing Denied August 20, 1928. Morrison, Hohfeld, Foerster, Shuman & Clark and J. F. Shuman, all of San Francisco, Cal., for appellant and plaintiff in error. T. T. C. Gregory and C. J. Goodell, both of San Francisco, Cal., and Frank V. Cornish, of Berkeley, Cal., for appellees and defendants in...
27 F.2d 457 (1928) VON HERBERG v. CITY OF SEATTLE et al. No. 5445. Circuit Court of Appeals, Ninth Circuit. July 16, 1928. Rehearing Denied August 20, 1928. R. P. Oldham, D. G. Eggerman, and Jay C. Allen, all of Seattle, Wash., for appellant. Thomas J. L. Kennedy, Corp. Counsel, and Arthur Schramm, Jr., Asst. Corp. Counsel, both of Seattle, Wash., for appellees city of Seattle and others. James B. Howe, Edgar L. Crider, and Emory E. Hess, all of Seattle, Wash., for appellee Puget Sound Power &...
27 F.2d 257 (1928) BAUGH v. UNITED STATES. [*] No. 5437. Circuit Court of Appeals, Ninth Circuit. June 18, 1928. *258 Hawley & Hawley, of Boise, Idaho, for plaintiff in error. H. E. Ray, U. S. Atty., and W. H. Langroise and S. S. Griffin, Asst. U. S. Attys., all of Boise, Idaho. Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges. DIETRICH, Circuit Judge. The appellant and one Jude Furcht were adjudged guilty upon two indictments, which by agreement of the parties were consolidated for trial....
27 F.2d 16 (1928) STACK et al. v. UNITED STATES. No. 5433. Circuit Court of Appeals, Ninth Circuit. June 25, 1928. Charles H. Miller, of Seattle, Wash., for plaintiffs in error. Anthony Savage, U. S. Atty., and Jeffrey Heiman, Asst. U. S. Atty., both of Seattle, Wash. Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges. GILBERT, Circuit Judge. The plaintiffs in error, hereinafter named the defendants, were convicted of violation of section 37 of the Penal Code (18 USCA § 88) in entering into a...
26 F.2d 773 (1928) LAMBERT et al. v. UNITED STATES. [*] No. 5419. Circuit Court of Appeals, Ninth Circuit. June 11, 1928. F. H. Mills, of Klamath Falls, Or., for plaintiff in error Barnes. Emmons, Lusk & Bynon, of Portland, Or., and W. H. A. Renner, of Klamath Falls, Or., for plaintiffs in error Lambert and Rice. George Neuner, U. S. Atty., of Portland, Or. Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges. RUDKIN, Circuit Judge. Between the latter part of 1925 and the end of 1926 one...
27 F.2d 521 (1928) HERTER v. UNITED STATES. No. 5395. Circuit Court of Appeals, Ninth Circuit. June 18, 1928. Lester H. Loble and Hugh R. Adair, both of Helena, Mont., for plaintiff in error. Wellington D. Rankin, U. S. Atty., of Helena, Mont., and John Collins, Asst. U. S. Atty., of Dillon, Mont. Before GILBERT, RUDKIN, DIETRICH, Circuit Judges. RUDKIN, Circuit Judge. The legality of a search of a private dwelling without a search warrant is the only question presented for decision. It was...
