Los Angeles herald., 1891-02-17
AMONG THE COURTS.
SEVERAL DECISIONS HANDED DOWN
IN THE SUPREME COURT.
Interesting Proceedings in the Federal
Tribunals--Cases on Trial in the su-
perior Courts-New Suits.

Interesting Proceedings in the Federal
Tribunals--Casss on Trial in the su-
perior Courts-New Suits.
The following decisions were received
yesterday by tine local deputy clerk Of
the supreme court
DEPARTMENT ONE.
No. 1874. Godfrey Poirier vs.. Mary
Pauline Gravel; judgment and order
are affirmed. THE CoURT.
No. 1929. William G. Nagle We. Cal
ifornia Southern railroad company !;
judgment and order are affirmed.
THE CoURT,
No. 1886. Hill w. Wilson ct al.
No. 1856. Wilson ct al. vs.. Hill !;
Judgment and order in both cases are
affirmed. The Court.
doubt whether the offer to rescind
came in time or was sufficient as made.
PATERSON, =.
The case of Poirier VS.. Gravel was an
action brought to recover the sum Of
1880 alleged to be due on a written in
strument dated February 8, 1883, by
which defendant promised to pay to
plaintiff the sum Of $17OO in instsll-
inents out Of the net products raised
upon Sec. 3, T. II ~. r. 15 W., in Kern
county, OF which defendant owned an
undivided half interest. TIE defendant
ground that it did not state facts suffi-
this was overruled, and at the expira-
ton of the time in which to answer,
Judgment by default was entered as
prayed for. Subsequently, however,
defendant moved the court for an order
vacating and setting aside the judgment
on the ground that the default was en-
:, tered by mistake and inadvertence, and
also that the Judgment was irregular and
void for the reasons stated above. The
motion was denied, whereupon defend
ant appealed.
That Of Nagle VS.. California Southern
Railroad company, was an action
brought to recover damages for injuries
caused by the alleged carelessness and
negligence OF the defendant on Sunday
night, April 15, 1888. Plaintiff was trav-
cling over defendants road from San
Diego to La Jolla, the third stopping
place from the point of embarkation.
After stopping at Old Town and Morena
the train came to sudden stop, and the
plaintiff thinking that this was his sta
ton rushed off the cars into the dark
ness. As the train had stopped on
trestle over cafion, midway between
Morena and La Jolla, plaintiff fell to the
ground below, some fifteen feet more or
less, and sprained his ankle, besides sus-
tanning other injuries. 1t was subse-
quently learned that washout had oc-
Cured ahead of the train. After hear-
ing plaintiffs evidence, the defendant
moved for a nonsuit, which was granted,
as it was clearly not the fault OF the de-
fendant that plaintiff had not used pro-
per caution in disembarking. Plaintiff
appealed, however, from the judgment
rendered and the order denying his mo-
ton for new trial.
The case of. Hill VS.. Wilson and wife
was brought to foreclose mortgage for
the balance of the purchase money al
legged to be due on certain real estate
sold by plaintiff, to which defendants
pleaded that they had been induced by
plaintiff to purchase the land and exc
cute mortgage by means of false and
fraudulent representations. The action
of Wilson and wife vs.. Hill was brought
to rescind the sale and cancel the mort
gage. The issues in both cases being
substantially the same, they were con-
solidated, by stipulation, and tried to-
gether. The superior court found for
the defendants in the foreclosure suit,
and for the plaintiff in the action to re-
scind, and decreed that the mortgage be
delivered up by defendant, and that he
repay the purchase money paid,
amounting to $4,000 In cash whereupon
Hill appealed in both cases.
FEDERAL TRIBUNALS.
In the United States district court
yesterday morning the case against Tom
Ii Chung, alias Lu Chung, alias DIR.
Wo Sing, was called for trial by Judge
Erskine M. Ross. The defendant, how
ever, by his counsel, Messrs. +. R. Will
fis and Alexander Campbell, moved the
court for continuance, and by consent
of the district attorney the case was
postponed until IL o'clock on Thursday
morning next.
The court thon adjourned until this
morning at IL o'clock.
The papers in the case OF Chas. w.
Gould vs.. Benjamin S. Hayne, which
has been transferred from the superior
court of Santa Barbara county, were
filed in the United States circuit court
Yesterday. This is an action brought
by the plaintiff, WHO resides in New
York, to recover judgment for $367. "a,
alleged to be due on three promissory
notes. The defendant, however, has
filed cross s-complaint, alleging that
plaintiff agreed to convey to him half
interest in the Mills tract of 207 acres,
provided that he planted thereon during
the seasons of 1856 to 1888, 5000 3-year-
old olive trees, and also agreed to bear
his share of the expenses incurred there
by. He therefore claims that plaintiff
is indebted to him in the sum OF $2O2S.
SUPERIOR COURTS.
In department one, yesterday, Louis
Palma, the Italian recently convicted OF
having, on December 9th last, assaulted
Cyrus Donate with intent to commit
murder, appeared before Judge Smith
for sentence. ]. L. Murphy, ESQ.,, APP
peared, however, and asked to be sub
stituted az counsel for the defendant,
and at his request continuance was
had until Saturday morning next.
Mrs. Mamie Calvert and her one-eyed
paramour, William Crumb, appeared
before Judge Smith with their counsel,
the former on demurrer and the latter
on motion to set aside the information
on the ground that the committing mag
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