California Supreme Court, 1949

Coleman v. Stewart

Coleman v. Stewart
California Supreme Court · Decided March 31, 1949
33 Cal. 2d 703

Coleman v. Stewart

Opinion of the Court

THE COURT.

This case involves the legality and enforceability of privately imposed restrictions against occupation of a lot of land by non-Caucasians. The trial court enjoined occupance of the lot by defendants, non-Caucasians. Defendants appealed.

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] (see, also, Hurd v. Hodge (1948), 334 U.S. 24 [68 S.Ct. 847, 92 L.Ed. 1187]), holding that such restrictions cannot be enforced through court action, the judgment óf the trial court must be reversed. (See 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 (1948), 32 Cal.2d 892 [197 P.2d 161]; Clayton v. Wilkins (1948), 32 Cal.2d 895 [197 P.2d 162]; Morin v. Crane (1948), 32 Cal.2d 896 [197 P.2d 162].)

For the reason above stated the order appealed from is reversed.

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