Legal Opinion

Long v. Mountain View Cemetery Assn.

California Court of Appeal

Decided January 24, 1955No. Civ. 16141PublishedCited by 20 opinions

1Opinion of the CourtNourse, P. J.

The plaintiff and appellant herein has appealed from an adverse judgment on the judgment roll alone. She is therefore bound by the findings of fact and if the judgment based on those findings is a proper judgment as a matter of law, no other issue is triable on this appeal.

These facts are: The defendant maintained a cemetery in which were burial plots, a crematorium, and three mausoleums, one of which was set aside for the exclusive use of members of the Caucasian race. The plaintiff demanded that her husband’s remains be deposited in this restricted mausoleum. There is no contention that the…

2Cases cited2 opinions

  1. Rice v. Sioux City Memorial Park Cemetery, Inc.Supreme Court of Iowa · 1953
  2. People ex rel. Gaskill v. Forest Home Cemetery Co.Illinois Supreme Court · 1913

3Cited by20 opinions

  1. Isbister v. Boys' Club of Santa Cruz, Inc.California Supreme Court · 1985
  2. Warfield v. Peninsula Golf & Country ClubCalifornia Supreme Court · 1995
  3. Curran v. Mount Diablo Council of Boy Scouts of AmericaCalifornia Court of Appeal · 1983
  4. Curran v. Mount Diablo Council of Boy Scouts of AmericaCalifornia Supreme Court · 1998
  5. Coleman v. MiddlestaffAppellate Division of the Superior Court of California · 1957

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