California Supreme Court, 1948

Cassell v. Hickerson

Cassell v. Hickerson
California Supreme Court · Decided May 18, 1948
31 Cal. 2d 869
Cassell v. Hickerson

Cases that cite this one

10 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

31 Cal.2d 869 (1948)

FLORENCE H. CASSELL et al., Respondents,
v.
H. G. HICKERSON et al., Appellants.

L. A. No. 19685.

Supreme Court of California. In Bank.

May 18, 1948.

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.

Memorandum

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. *870

Case-law data current through December 31, 2025. Source: CourtListener bulk data.