Los Angeles herald., 1891-06-24
THE COURTS.
AN INTERESTING DECISION FROM
THE SUPREME COURT.
An Important Suit on Claim and Delivery
Biscailuz Wins His Big Fee = Court
Notes.

|
Justice Harrison, of the state supreme
court, has rendered decision, which is
concurred in by Justices Paterson and
Garroute, affirming the judgment of the
lower court in the case of Claudius VS..
Aguirre, suit on claim and delivery,
which was decided in favor OF the
plaintiff, and appealed after new trial
had been denied. The decision recites
the cause of action as follows:
"The plaintiff brought this action
against the sheriff of the county OF Los
Angeles to recover the possession of GER
tain personal property which had been
levied on by him under writ OF at
tachment issued in an action against the
| PLAINTIFFS vendor, and at the time of
issuing the summons made the statu-
tory claim under which the property
was taken from the defendant and de-
| livered to him. Upon the trial of the
cause the court rendered judgment in
favor of the plaintiff for the possession
of the property, together with damages
for its detention, but made no finding as
to its value. From this judgment and
an order denying new trial the de-
fendant has appealed, upon the ground
that the transfer of the personal prop
erty to the plaintiff from his vendor was
fraudulent, inasmuch as it was not ac-
companied by an immediate change of
possession; and that the Judgment as
rendered is erroneous, for the reason
that it does not provide for recovery
OF the value OF the property in case
delivery cannot be had"
flor citinU ,nonu oooao c;r,.lar 70 tho
one at issue in some respects the de-
cision says, apropos of the last-named
grounds of appeal:
under the provisions of section 627,
@. @. P, in an action for the recovery
of specific personal property the jury
are authorized to find the value OF the
property, if their veedict be in favor of
the plaintiff, only IF the property has
not been delivered to the plaintiff, and,
G c0nuerso, if the property has been de-
livered to the plaintiff, they are not re-
quired to find the value; and in such
case there is no verdict upon which to
base an alternative Judgment"
In conclusion the decision reads:
"We think that the mere failure to
include in the judgment clause which
cannot have any operative effect, or
confer any right or protection upon
either the plaintiff or the defendant,
does not affect the substantial rights of
either party, and is not sufficient
ground for the reversal of the judg-
ment.
''The judgment and order denying q
new trial are affirmed"
BIsCAILUz WINS HIS CASE.
The suit of Jean Leonis VS.. M. V. Bis
cailuz, to set aside grant OF one-half of
the plaintiffs interest in the estate of |
Miguel Leonis. deceased, was continued
and concluded before Judge Wade in |
department three of the superior court
yesterday. A number of attorneys were |
called to the stand by the defense, and |
all gave testimony to the effect that they |
did not consider the fee obtained by |
Lawyer Biscailuz for his professional |
services in defending Leonis's claim to a |
portion of his brothers. estate an exor-
bitant one. The defense also |
introduced mass of testimony |
to prove Biscailuz's good char
acter, which had been attacked by the |
plaintiff. The case was submitted with
out argument, and Judge Wade rem
dered his decision without further con-
sideration. The court held that the
plaintiff had entirely failed to prove the
allegation of the complaint that the
grant was obtained by misrepresenta-
ton, and ordered Judgment and findings
for the defendant. Biscailuz's fee
amounts to about $4,000.
COURT NOTES.
Attorney Shinn. of counsel for Mason
Bradfield, charged with the murder of
Joe Dye, appeared before Judge Smith
in department one of the superior court
yesterday and asked that the case be set
for trial at as early day as possible.
District Attorney McLachlan argued for
a delay, and, the Renault case coming |
up, further argument on the matter
went over till today at 10 o'clock, when
the case will probably be set.
Judge Lucien Shaw and Reporter f.
H. Langley departed yesterday for a
visit to the Yosemite valley.
The condemnation suit of the Los An
geles Terminal railway company against
John Bonn, for right of way across lot
50 of the Myers tract, this city, was on
trial before a jury in department five
yesterday.
The suit of Henry w. King & Co. vs..
J. T. Steward, for judgment of 1894 on
account, was on trial in department four
yesterday.
NEW SUITS.
Thomas j. Stuart sues Arthur o.
Blake to recover $S31.14, on a promis-
sorry note.
F. w. Younghaus sues w. H. Hardy
to foreclose mortgage for $3.50.
Horace u. Gates files a petition for
letters OF administration on the estate OF
his mother, Helena A. Gates, who
died on May 26, 1891, leaving real and