Legal Opinion
Gayer v. Whelan
California Court of Appeal
Decided September 28, 1943No. Civ. 2867PublishedCited by 3 opinions
1Opinion of the CourtGriffin, Acting P. J.
The original proceeding herein was an action in which plaintiff sought to recover 14 pin-ball machines which defendant, in his capacity as District Attorney of San Diego County, had seized and proposed to destroy under the provisions of section 335a of the Penal Code. The action was decided in favor of plaintiff. (See Gayer v. Whelan, 59 Cal.App.2d 255 [138 P.2d 763].)
Defendant and appellant, as District Attorney of San Diego County, now moves to recall the remittitur in this action, issued August 17, 1943, because of a provision therein awarding costs to respondent. The motion is predicated…
2Cases cited11 opinions
- City of Los Angeles v. County of Los AngelesCalifornia Supreme Court · 1937
- Whittaker v. County of TuolumneCalifornia Supreme Court · 1892
- Fleming v. HanceCalifornia Supreme Court · 1908
- Singh v. Superior CourtCalifornia Court of Appeal · 1919
- Gayer v. WhelanCalifornia Court of Appeal · 1943
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3Cited by3 opinions
- People v. HallnerCalifornia Supreme Court · 1954
- City of Bell Gardens v. County of Los AngelesCalifornia Court of Appeal · 1991
- Legg v. FordCalifornia Court of Appeal · 1960