The morning call., 1891-07-28
THIRTEEN DECISIONS.
The Circuit Court Relieving Its
Calendar.
No E9re Overhead Electric Wires- Consul
Bees Fourteen-Year-od CASE
Disposed OF.

In the United States Circuit Court yes
terday Judges Hawley and Beatty rendered
several important decisions. The attend
ance of lawyers was large, owing 10 the
announcement that the decisions would be
announced.
In the case OF Charles a. Merrill vs. Peter
n. Marker, TO compel an accounting; for
decree ordering the respondent to convey to
the complainant real property; for decree
ordering the respondent to cancel and sur
render TO complainant a certain note and
mortgage, etc, q case in which the taking of
testimony occupied six months, the record
covering over 200 pages of typewriter tes-
timony, the suit growing out of project TO
tunnel TO tap the waters of Eagle Lake,
Judge Hawley found as follows: That the
deed from complainant TO respondent, exc
cuted April S, 1851, for an undivided one
half interest IN the property is valid; that
the decree prayed for by complainant and
for the reconyeyance of said property is
denied; that the note and mortgage exc
cuted and delivered by complainant to re-
spondeut, on the 18th day of October, 1883,
Is valid; that the decree prayed for by conf
plainant to cancel said note ana mortgage
be denied; that each party to this srit pay
his own costs.
UPON THE SHOWING IN THE ANSWER.
The suit in ejectment by the Southern
Pacific Company against Horace d. Whita-
ker, to Gust him from certain lands in Tu-
lare County, was dismissed on motion. The
company claimed the lands under the act
of Congress of July %, 1866, granting lands
to aid in the construction of railroads. The
motion to dismiss was upon the showing in
The answer that both paintlif and defendant
are citizens of this county and State, ami
that there is raised no question properly
within the jurisdiction Of this court.
ELECTRIC WIRES OVERHEAD.
In the case of the Electrical Improvement
Company against Chief Engineer Scannell
OF the Fire Department, the demurrer in
terposed was sustained. Chief Scannell
would not allow the suspension of electric
wire over or upon the roofs of buildings,
and the electric company sought to make
him do so. The same order was entered in
the ease Of the Electrical Improvement
COmpany against the City and County of
San Francisco, which was similar case.
TO RECOVER AN ASSESSMENT
Judgment was rendered as prayed for in
the suit by Smith p. Young, as receiver of
the California National Bank of San Fran
cisco, against the Security Savings Bank to
recover the amount OF an assessment levied
by the Comptroller of the Currency of the
United States upon certain shares Of stock
In the California National Bank.
AFTER FOURTEEN YEARS.
The decision in the case of f. A. Bee and
William Bell VS.. the United States was de-
cided in favor Of the plaintiffs. They sued
10 be released from further liabilities as
boudsmen OF S. 5. Foster, Uuited States
Consul at Apia in 1874, whose bond was in
the sum Of $500. This case has been pend
ing fourteen years.
The case of the Stayton Mining Company
VS.. NJ. f. Wood and others, which pre-
sented many features of the case of the
Southern Pacific Company VS.. Whitaker,
was disposed of by sustaining the demurrer.
DEFENDANTS SUSTAINED.
The cases of the johnson Company vs. the
Pacific Roling-mills and the johnson Com
pany VS. the Sutter-street Railroad Company,
both actions in equity to recover for alleged
infringement of patent the contentious of
the defendants were sustained and the COM
plalnants' bill dismissed.
The court found the defendants entitled TO
judgment for costs in the suit OF ejectment
OF Marie A. VaIente VS.. s. d. Valentine ct
al, Involving the possession Of properties at
the Big Oak-Tree mine.
DEMURRERS DISPOSED OF.
The demurrer in the case of Bullock VS..
the Mayfower Gravel Company was over
ruled. 1t is an action involving the validity
OF United States patent to certain lands.
In the case OF the Regain Vapor Engine
Company vs.. the Pacific Gas Engine Com
pany ct ais, the exceptions made by the
Master were sustained.
In tbs case of John j. Kelly against Theo-
dcre Webb ct al, an action in ejectment,
the court sustained the demurrer