Los Angeles herald., 1891-10-07

Joint promissory note. That the de-
PENDANT had no authority to apply such
| individual deposit to the payment OF
such Joint indebtedness would seem
clear from the authorities cited by plain
tiff. The doctrine of set-off can be APP
piled only when the demands be mu-
| tual between the same parties and in
the same right. They must be such that
if sued Independently the same parties
would be brought into court. See Gregg
VS.. James, II Am. Dec. 152, and cages
there collated. AS said in opinion of
Scholfield, Jr., in International Bank of
Chicago vs.. Jones ct al, 9 N. E., 1856 /:
The general rule is that bank has a
right OF set-of as against deposit only
when the individual who is both depos-
itor and debtor stands in both of these
characters alike, in precisely the same
relation and on precisely the same foot
ing towards the bank, etc. No case has
been cited by DEFENDANTS counsel con-
flicting with this rule. 1t follows that
plaintiff is entitled to judgment, and it
is ordered"
NOTES.
Judge Smith yesterday heard argu-
ment on habeas corpus proceedings for
the release of Albert Acevedo, who was
held to answer by Justice Stanton for
burglarizing a store in Chinatown. The
petition for the writ states that there is
no complaint against the defendant,
and counsel for Acevedo argue that the
the complaint on which their client was
held is signed by the complainant in
Chinese characters, and is therefore
void. The court continued the matter
for further argument.
In department six yesterday counsel
for John G. Hoy, who is charged with
forging the name of Morris M. Green,
moved to set aside the information fled
by the district attorney, on the ground
that before the filing thereof the de-
PENDANT had not been legally committed
by any magistrate, as required by the
laws of the state. Judge Mckinley de-
MED the motion and the defense filed
demurrer to the information, argu-
ment on which was set for tomorrow.
The balance of the term trial calendar
was called in department three yester-
day.
Frank Irving, a native of Canada, was
yesterday admitted to citizenship by
Judge Smith.
Judge Mckinley yesterday admitted
Rinaldo Orsi, native of Switzerland, to
citizenship.
Judge Smith left for San Bernardino
last night to try three cases in which the
judges there are disqualified. He will be
absent until Saturday.
The motion for a nonsuit in the case
of Warren VS.. Bouton ct al. was granted
yesterday by Judge Clark as to all the
defendants except White, Bouton and
Eagleston. The suit is for recovery on a
contract.
The case of H. Marwalder, which was
ordered submitted on briefs, was yester-
day continued by Judge Smith to Satur-
day for argument.
Judge Smith yesterday heard argu-
ment in the cases of Charley Lee Kong
and All Sing, which are before him on
appeal, on the grounds of the complaint
in the case of the first named defendant
being defective ana in the latter that
there was insufficient evidence to war
rant verdict of guilty.
NEW CASES.
The following new suits were filed
with the county clerk yesterday:
William Gibson and G. j. Lemon vs.
W. R. Stuart and Margaret B. Stuart.
Suit for recovery of $1,000 on vendors
lien.
HI. 7. Newell vs.. M. L. Wicks ct al.