Los Angeles herald., 1891-03-05
AMONG THE COURTS.
CASES IN THE SUPREME, FEDERAL
AND SUPERIOR COURTS.
A Supreme Court Decision Cases Acted on
in the County Courts-New Cases Filed.
Other Matters.

The opinion OF the supreme court in
the appeal case of Mrs. Bridget Wilson
VS.. John Moriarty, affirming the judg-
ment and order of the lower court, was
received and filed yesterday by Deputy
Clerk Ashmore.
This was an action to rescind written
lease by plaintiff to defendant, of lot
and house thereon in this city, on the
ground OF alleged fraud on the part of
defendant in procuring the lease; or if
q rescission thereof could not be had, that
the lease be reformed on the ground of
alleged mistakes of the plaintiff which
defendant knew at the time the lease
was executed. The trial court denied
rescission of the lease, but reformed it.
From the judgment reforming the lease
and from an order denying his motion
for new trial defendant took an appeal.
THE FEDERAL COURTS.
The trial of the civil suit OF the United
States VS.. the Fruitvale Wine and Fruit
company was commenced yesterday in
the United States circuit court before
Judge Erskine M. Ross and a jury, and
will in all probability occupy their at
tention for two or three days. This ac-
tion is brought to obtain judgment for
$4,000, the amount of the bond filed by
the defendant corporation as guaran-
tee of its compliance with the require
ments of the revenue laws, and is the
outcome of the somewhat sensational
case tried before Judge Ross in the dis
trict court in February, 1889, which re-
suited in w. More Young, the manager
of the Fruitvale Wine and Fruit COM
pany, being convicted of having falsi-
fed the returns of the amount of brandy
distilled at the company's winery near
Fresno, and sentenced to one years i'm
prisonment.
1t will also be remembered that ex-
Chief of Police 7. j. Cuddy was sem
fenced to six months imprisonment in
the county jail for contempt of court in
approaching one of the jurors in this
case, while the case was pending.
THE SUPERIOR COURTS.
Judge Smith disposed OF number of
exparte matters yesterday morning in
department. one of the superior court.
Ralph Murphy and John Wilson en-
tered their respective pleas OF guilty as
charged to the charges of burglary pre-
until Monday next, when they will re-
Parkins, the saloon man, charged with
having received the goods stolen by the
two men above named from Southern
Pacific freight car at Tropico recently,
was set for trial on Thursday, the Goth
inst.
& That against. James McGraw, the boy
accused of stealing horse and buggy,
was set for trial on the 31st inst.
Edward Roberts appeared in the same
court for arraignment upon the charge
of having assaulted Peter Gottlieb, on
December 23d last, with deadly wea-
pom, and was given until Saturday next
in which to plead.
The five cases appealed by Max Harris
were continued for hearing until Satur-
day next.
J. M. Damron was arraigned upon
the three latest charges of forgery pre-
ferred against him, and was allowed
until Monday next in which to plead.
Judge w. L. Pierce of San Diego occu-
pied the bench in department two yes
terday, but beyond granting few con-
tinuances and hearing some minor mat
ters of probate business, there was not
much demand for the services of the ac.
cOmmOuatlnS VlSlJOr.
The condemnation suit of the county
of Los Angeles against - Justice, was
decided yesterday by Judge Wade, in
department three, in favor of the plant
if, the defendant being awarded $500
damages for the land condemned.
On motion of the plaintiff, the cause
Of Gregg. VS.. Hail. was yesterday dis
missed by Judge Wade.
Tho divOroa c,1it of Mrc A,pio II
Jones vs.. Evans Jones, on the ground of
.desertion, was heard yesterday by Judge
Wade, within closed doors, and decree
was ordered for plaintiff as prayed for.
! In department five, yesterday, Judge
Mckinley granted decree as prayed
for, in the divorce suit of Mrs. E. B.
Melcher vs.. A. Melcher, on the grounds
of aesertion and failure to provide.
A few hours later gaudiiy dressed
Mongolian named Chung Jue, was
united in marriage by Judge Mckinley,
to pretty little girl of the same race,
who responded to the euphonious name
of Lue You, in the presence of Clerk
Blake, HI. ]. Crawford, Esq, and
couple of Chinese residents as witnesses.
The cause of A. G. Strain vs.. Peter
Steil came up for hearing yesterday be-.
fore Judge Mckinley, and resulted in
verdict for plaintiff for 81 damages. The
suit was broughtto recover 500 dam
ages alleged to have been sustained to
plaintiffs land on Wilson'S peak, on
June 18th last, by reason Of the tres
passing OF defendant thereon, and to OBJ
tain an injunction restraining defendant
from trespassing again. Both parties
are the proprietors of rival hotels On
Wilson's peak, and defendant claimed
that on the date in question he was pro-
ceeding with q party of tourists along
Wilson's trail, a public highway leading
through the property of both men to the
summit of the peak, when he found that
Strain had erected fence and put a
gate across the road. As this was locked
he lifted it from it's hinges, and his party
rode through. On this showing the
court denied the petition for an injunc-
ton.
The suit brought by the new board of
library trustees to oust the old board,
which is charged with usurpation of
Office, was yesterday submitted to Judge
Shaw, in department six, on briefs.
The case against Mike Ryan, charged
with petit larceny, and prior convic-
ton. came up for trial, yesterday, in de-
partment six, before Judge Shaw and a
jury. While the complainant, Chris.
Cloetta, was upon the stand, and after