Elevator Operators and Starters’ Union v. Newman

Full title: ELEVATOR OPERATORS AND STARTERS’ UNION, LOCAL 117, OF SAN FRANCISCO et al…

Court: District Court of Appeals of California, First District, First Division

Date published: May 1, 1947

180 P.2d 42 (Cal. Ct. App. 1947)

Opinion

180 P.2d 42 ELEVATOR OPERATORS AND STARTERS’ UNION, LOCAL 117, OF SAN FRANCISCO et al. v. NEWMAN. NEWMAN v. ELEVATOR OPERATORS AND STARTERS’ UNION, LOCAL 117, OF SAN FRANCISCO et al. Nos. Civ. 13037, 13247 District Court of Appeals of California, First District, First Division May 1, 1947

Rehearing Denied May 31, 1947.

Hearing Granted June 26, 1947.

Appeal from Superior Court, City and County of San Francisco; Frank T. Deasy and Sylvain J. Lazarus, Judges.

Action by Elevator Operators and Starters’ Union, Local 117, of San Francisco, California, and others against Frederick Newman to secure possession of certain union books and records and for $5,000 damages, wherein the defendant filed a counterclaim for back salary and a cross-complaint for declaratory and equitable relief. Action by Frederick Newman against Elevator Operators and Starters’ Union, Local 117, of San Francisco, California, and others for a writ of mandate to compel the union to admit the plaintiff to the office of treasurer and to compel the union to pay him the salary of such office. From judgments for the union, Frederick Newman appeals.

Judgment in first case affirmed and judgment in second case reversed with instructions to compute amount of salary due to December 31, 1945, and to enter judgment therefor.