Los Angeles herald., 1891-06-11
THE COURTS.
AN INTERESTING ESTATE CASE
SETTLED By JUDGE CLARK.
A Jury Fails to Agree in the Case of
Francis Bradley-Notes of Cases Acted
Upon Yesterday.

Judge Clark handed down an opinion
yesterday in the matter of the estate of
Calvin Austin, denying letters of admin
istration to nephew of the deceased,
who is nonresident Of California, and
granting them to Public Administrator
D. w. Field. The opinion reads as
follows
"This is a contest for letters of admin
istration upon the estate of said deceased
between the public administrator and a
nephew of the deceased. Section 1869
of the Code OF Civil Procedure reads
No person is competent or entitled to
serve as administrator or Administrative
who is not a bona fide resident of the
state. The only question here is whether
the petitioning nephew is such bona fide
resident. If he is, his right to admins
ter is paramount. 1t will serve but little
purpose to discuss the evidence bearing
upon that question. regret that l am
impelled to the conclusion expressed at
the hearing that the evidence does not
establish the said petitioner to be a
bona fide resident of the state, but a
ICSlQCnb OAlN lOL bllC DOcc vi
tering the estate. The claim of the publ
administrator to the right to administer
the estate as against one of the blood of
deceased, is not a claim that appeals to
the sympathy of the court, but it is a
right given by statute and cannot be
disregarded. 1t is ordered that letters
issue to the public administrator.
"W. III. CLARK, Judge"
FAILED TO AGREE.
Francis Bradley was tried before a
jury in the United States district court
yesterday on charge of selling liquor to
Indians. The testimony of w. Pablo,
the Indian whom the defendant was al
legged to have supplied with whisky, and
that of other witnesses was taken, and
the jury retired after having been in
structed orally. No agreement was
reached, however, and after the failure
to find verdict had been announced,
District Attorney Cole entered nolle
prosequi and the cause was dismissed.
COURT NOTES.
Mary Blondell, who is charged with
grand larceny, was arraigned before
Judge Smith yesterday and pleaded not
guilty. The case went on the calendar
for trial.
In the case of Coronel VS.. Wolfskill, in
department two, the attorney for plain
tiff made statement that the entry on
the clerks minutes to the effect that
trial by jury had been waived was an
error, and that it was the intention OF
the plaintiff to demand such a trial.
The case was continued, with costs
assessed to the plaintiff.
M. B. Hagan ct al. recovered $18. 15 on
an action on street assessment against
M. Ball, in department four yesterday.
E. L. Buell. obtained decree of fore
closure from Judge Van Dyke against
Al. Viele, on mortgage of $1065.
Judge Clark yesterday handed down
lengthy opinion in the case of Domin-
guez VS.. Tononi, overruling the de-
murrer to the complaint.
In the case of Labory vs.. the Los
Angeles Orphan asylum, a suit to re-
cover possession of lands adjoining the
asylum on Boyle Heights, which has
been on trial in department four for sew
eral days, the defendants were yesterday
allowed to file an amended answer.
The trial of the case of the First Ma
tional bank of Pomona VS.. H. r.
O'Brien, is still on in department five.
NEW CASES.
Mary H. Banning sues E. W. Reid ct
al. to foreclose mortgage given to Sc
cure promissory note for $500, exc
cuted February II, 1888.
Frances Stewart Mosher sues Charles
Mills ct ux. to foreclose mortgage
given to secure a prOmlssory note Tor
$3.50, executed October Is, 1889.
The East Ditch OF the Old Settlement
Water Right" is the name of a corpora
tion which filed its preliminary papers
yesterday. The company will own and
control water privileges in San Jose
township. The capital stock is $4,000,
of which $173S.40 is subscribed for, and
the directors are 7. G. Thomas, Chas
French, Henry Hundon, G. Mirande
and A. j. Gould.
The Compton Cooperative company
also filed Incorporation papers yester-
day. Its object is to handle and dispose
OF the products of its members to the
best possible advantage. D. M. Crum,
G. W. Coltrin, J. Malcom, A. M. Bragg
o,,I Abbott he