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Morin v. Crane

Supreme Court of California
Sep 15, 1948
32 Cal.2d 896 (Cal. 1948)

Summary

In Morin v. Crane, supra, the court said: "[W]e do not reach the question as to whether any tenable cause of action for relief or recovery other than specific enforcement of the racial restrictions is, or could be, stated."

Summary of this case from Barrows v. Jackson

Opinion

Docket No. L.A. 20376.

September 15, 1948.

APPEAL from a judgment of the Superior Court of Los Angeles County. Frank G. Swain, Judge. Affirmed.

Kilpatrick Robbins for Appellants.

Loren Miller and Harold J. Sinclair for Respondents.


THE COURT.

This case, like Cumings v. Hokr (1948), 31 Cal.2d 844 [ 193 P.2d 742]; Cassell v. Hickerson (1948), 31 Cal.2d 869 [ 193 P.2d 743]; Davis v. Carter (1948), 31 Cal.2d 870 [ 193 P.2d 744]; In re Laws (1948), 31 Cal.2d 846 [ 193 P.2d 744]; Lippold v. Johnson, ante, p. 892 [ 197 P.2d 161]; and Clayton v. Wilkins, ante, p. 895 [ 197 P.2d 162], involves the legality and enforceability of privately imposed restrictions against occupation of certain lots of land by persons other than those of the Caucasian race. A demurrer to the complaint was sustained without leave to amend and judgment of dismissal was entered. Plaintiffs appealed.

Counsel for the respective parties have agreed that the decision of the United States Supreme Court in Shelley v. Kraemer (1948), 334 U.S. 1 [68 S.Ct. 836, 92 L.Ed. ___] (see also Hurd v. Hodge (1948), 334 U.S. 24 [68 S.Ct. 847, 92 L.Ed. ___]), holding that such restrictions cannot be enforced through court action, is controlling here. Accordingly, we do not reach the question as to whether any tenable cause of action for relief or recovery other than specific enforcement of the racial restrictions is, or could be, stated.

It follows that the judgment of the trial court refusing to enforce restrictions should be, and it is hereby, affirmed.


Summaries of

Morin v. Crane

Supreme Court of California
Sep 15, 1948
32 Cal.2d 896 (Cal. 1948)

In Morin v. Crane, supra, the court said: "[W]e do not reach the question as to whether any tenable cause of action for relief or recovery other than specific enforcement of the racial restrictions is, or could be, stated."

Summary of this case from Barrows v. Jackson
Case details for

Morin v. Crane

Case Details

Full title:CORINNE MORIN et al., Appellants, v. CHARLES CRANE et al., Respondents

Court:Supreme Court of California

Date published: Sep 15, 1948

Citations

32 Cal.2d 896 (Cal. 1948)
197 P.2d 162

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[1] Upon the authority of Shelley v. Kraemer (1948), 334 U.S. 1 [68 S.Ct. 836, 92 L.Ed. 1161, 3 A.L.R.2d 441]…

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