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Cassell v. Hickerson

Supreme Court of California
May 18, 1948
31 Cal.2d 869 (Cal. 1948)

Opinion

Docket Nos. L.A. 19685, 19523.

May 18, 1948.

APPEALS from judgments of the Superior Court of Los Angeles County. Harry R. Archbald (No. 19685) and Frank C. Collier (No. 19523), Judges. Reversed.

Lech T. Niemo and Lester V. Peterman for Appellants.

Morris E. Cohn, Bartley Crum, Hugh E. Macbeth, Jr., Edward Mosk, Isaac Pacht, Clore Warne, Martha Stewart Yerkes, Albrecht Marburg Yerkes, and D.O. McGovney, as Amici Curiae on behalf of Appellants.

Feinfeld Feinfeld, Walter S. McEachern and McEachern Ritchie for Respondents.


THE COURT.

These cases, like Cumings v. Hokr, ante, p. 844 [ 193 P.2d 742], Davis v. Carter, post, p. 870 [ 193 P.2d 744], and In re Laws, ante, p. 846 [ 193 P.2d 744], involve the legality and enforceability of privately imposed restrictions against occupation of certain lots of land by persons other than those of the Caucasian race. Upon the authority of Shelley v. Kraemer and McGhee v. Sipes, May 3, 1948, 334 U.S. 1 [68 S.Ct. 836, 92 L.Ed. ___], 16 Law Week 4426 (see also Hurd v. Hodge, May 3, 1948, 334 U.S. 24 [68 S.Ct. 847, 92 L.Ed. ___]; 16 Law Week 4432), holding that such restrictions cannot be enforced through court action, the judgment of the trial court enforcing the restrictions is in each case reversed.


Summaries of

Cassell v. Hickerson

Supreme Court of California
May 18, 1948
31 Cal.2d 869 (Cal. 1948)
Case details for

Cassell v. Hickerson

Case Details

Full title:FLORENCE H. CASSELL et al., Respondents, v. H.G. HICKERSON et al.…

Court:Supreme Court of California

Date published: May 18, 1948

Citations

31 Cal.2d 869 (Cal. 1948)
193 P.2d 743

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Morin v. Crane

THE COURT. This case, like Cumings v. Hokr (1948), 31 Cal.2d 844 [ 193 P.2d 742]; Cassell v. Hickerson…

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