Clayton v. Wilkins

California Supreme Court

Clayton v. Wilkins

197 P.2d 162, 32 Cal. 2d 895

CourtCalifornia Supreme Court

DecidedSeptember 15, 1948

DocketL. A. No. 20399

StatusPublished

This text of 197 P.2d 162 (Clayton v. Wilkins) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clayton v. Wilkins, 197 P.2d 162, 32 Cal. 2d 895 (Cal. 1948).

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Opinion

THE COURT.

Defendants appeal from an order granting a preliminary injunction enjoining occupancy of certain lots of land 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 order of the trial court granting the preliminary injunction must be reversed. (See also 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 Morin v. Crane, post, p. 896 [197 P.2d 162].)

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

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THE COURT.

Defendants appeal from an order granting a preliminary injunction enjoining occupancy of certain lots of land 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 order of the trial court granting the preliminary injunction must be reversed. (See also 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 Morin v. Crane, post, p. 896 [197 P.2d 162].)

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

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Bluebook (online)

197 P.2d 162, 32 Cal. 2d 895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clayton-v-wilkins-cal-1948.

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