Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-02-04


81 600. Six times the case has been argued
before the Supreme Court, and seventh
hearing is impending This is not so bad,
though it cannot be compared with the
famous suit over the concession in 1869 of
the gravel on the beach of Mont Saint
Michel, which has not yet been decided.
Inc daughter of the original claimant is
carrying 1T on at the age of nearly co. de-
Ginning to compromise for the sum of
5000, 600, offered by the State. Judgment
had been given one way and another more
than eighty times.
HEAVY FEES.
In the year 1879 the Hungarian Su.
preme Court restored the heirs of a
great estate to the property from which
they had been wrongfully evieted in l76S.
The reader will not be surprised to learn
that 1.-THE, costs of the proceedings had
greatly impaired its value" In a recent
suit against Hartford administrator. of
$40, 900 recovered the lawyers took 50, 40;
and in another case in Iowa, though the
calf about which the two farmers originally
quarreled has long ago become beef, the
costs amounted to g, 800, and the end is
not yet A Judgment against Philip Eft.
ing, of Port Jeryis, says the New York
World, promised, when the case came up
last fall, to go long time ere it was salts
fed, as the defendant took the double pre-
caution of keeping on the Jersey side of his
farm, to prevent service, and of transfer
ring his property.
RECOVERING A SAINT.
In the Territory of New Mexico the
4c
its patron saint, San Jose, which the folk
of Laguna had carried away, the Court
finding their title good and the plaintiffs
refusing to compromise on the importation
of brand.new patron saint from Mexico.
Such quarrels were by no means infrequent
in medieval days in all parts of Christen-
dom. It was sought at Erie, Pa, last year.
to introduce the testimony of the spirit of
a murdered man. but the Court ruled out
the slate affidavit. Sir Walter Scott has
recorded the case of the Highlander con-
victed of murder during the last century
on the evidence given by his ghost to a
native witness, the spirit, 1t may be added,
speaking pure Gaelic, though when alive
the victim knew nothing of the language
Here in Sacramento some strange cases
have occurred in our Courts, and the Sac
ramento Courts can point to several cases
of 80 peculiar character that no previous
parallel could be found to them, but for the
present attention is directed to odd liti.
CATION in other parts.
A WIFE AS PROPERTY.
Out in Otsego county, Michigan, not
long ago, when Mrs. Wright ran
away from her husband of only an
hour, he sued out writ of repelyin,
swearing, among other things, that the
young woman was of the value of 500,
and did not exceed that value, the proper
goods, chattels and property of Dell
Wright, the plaintiff in the suit that she
was unlawfully detained from his posses
sion by A. NJ. Randolph, her father, and
that said Dell Wright was then entitled to
the possession of her that the said woman
had not been taken for any tax, assessment
or fine, etc, ETC., according to the usual
form for affidavits in the replevin of prop
erty. The writ was issued and the seizure
made, but the property ran away and
brought an action for divorce. A
neat point was raised at Dallas,
Tex, not long ago, when the
authorities undertook to levy on the
robbers who jumped their bail and then
were killed while resisting arrest, the
bondsmen, who held that this released them
from their obligations, taking out an injunc-
ton. According to the English Courts on
top of a box is not "place," but if the
box is under an umbrella it becomes s.
place Tor the purposes of the Betting Act.
ODD ISSUES.
The English tribunals have held that
the game of pitch d-toss is pastime.
1t is to be regretted that some interesting
cases that attracted attention a few months
ago have not stree been heard Of. 1t would
be curious to know what became of the
the scrupulous rector of Christ Church,
who four times baffied the Courts
which desired to levy an assessment on
him, first by appearing at &c the hour of 2
in the forenoon, in strict accordance with
his summons then by showing that ne
didn't belong to the district, thereby prov
on the trustees, and finally by establishing
that he was not the trustees" and that
his fellows had not been summoned as
we'll. Or how the higher Courts treated
the plea of the dealer in eggs who,
being convicted Of selling unsound
provisions, made the defense that
eggs were not mentioned in the
Act, and that an egg could not be called
piece of meat, and still less a fish, veget-
able or fruit Or what became of the
lrover who, brought up for driving cattle,
% wit, sheep, at unreasonable hours,
pleaded that sheep were not cattle.
BELL CASE.
A London England magistrate fined
/ hawker for unlawfully causing two
BELLS attached to the harness of his horse
20 ring, overriding the plea that it was the
lorse that caused them to sound, but what
,ame of the contention that the bell was
lot wind instrument. the Act prescribing
penalties for those who blow any horn or
,ther noisy instrument. Parents Of ire |
oressible small boys will breathe a sigh OF |
elief at the decision Of the Kansas Supreme |
Court, where railroad company bad been
ued for injuries caused by turn. table on |
which plaintiffs son was playing. Said |
he Court: " Everybody knows tina. by |
nature and by instinct boys love to ride and |
owe to move by other means than their |
,wn locomotion. They will cling to the |
lind-ends of moving wagons, ride upon |
wings and swinging gates, slide upon !
cellar doors and the rails of staircases, pull |
leds up hill in order to ride down upon |
hem on the snow, and even pay to ride |
lpon imitation horses and imitation char. |
OTIS swung around in circle by means
# steam or horsepower. This last is
'ery much like riding around in a
,ircle upon q urn-table. Now, every |
,ody, knowing the nature and the
Instincts common to all boys, must &C.
accordingly. No person has right to
cave, even on his own land, dangerous
calculated to attract and entice
Joys to it, there to be injured, unless he
irst takes proper steps to guard against all
LANCER; and any person who thus does
cave dangerous machinery exposed, with
ut first providing against all danger, is
utility of negligence. As was observed by
Watts, in the case of Bears VS.. Lions, "'Tls
heir nature, too, which is usually quoted
lis their nature to.
FINAL BATCH.
Where a Chicago boy = his father
,eing at work and his mother sick
bed-wandered out and, with other
hildren, amused himself by jumping on
wing. bridge and had his arm crushed, no
amages were given, the Courts holding
hat persons using swing bridges must be
aJeful, that the city was not bound to put
- gates or keep watchmen to prevent peo-
lie from stepping on or off at improper