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Cavett v. Butler

Supreme Court of California
Sep 15, 1948
32 Cal.2d 894 (Cal. 1948)

Opinion

Docket No. L.A. 20255.

September 15, 1948.

APPEAL from a judgment of the Superior Court of Los Angeles County. Pat R. Parker, Judge. Reversed.

Cummins, Goodstein Paltun for Appellants.

Charles E. McGinnis for Respondents.


THE COURT.

The above-entitled cases, 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]; Clayton v. Wilkins, post, p. 895 [ 197 P.2d 162]; and Morin v. Crane, post, p. 896 [ 197 P.2d 162], 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. In each of the instant cases the trial court enjoined occupancy of the respectively concerned lots by non-Caucasians.

Upon the authority of 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, the judgment of the trial court enforcing the restrictions is in each case reversed.


Summaries of

Cavett v. Butler

Supreme Court of California
Sep 15, 1948
32 Cal.2d 894 (Cal. 1948)
Case details for

Cavett v. Butler

Case Details

Full title:WM. R. CAVETT et al., Respondents, v. RILEY BUTLER et al., Appellants

Court:Supreme Court of California

Date published: Sep 15, 1948

Citations

32 Cal.2d 894 (Cal. 1948)

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