Los Angeles herald. [volume] (Los Angeles [Calif.]) 1890-1893, 1891-10-04


tence was passed upon him.
The point raised by attorneys is
whether a man under a suspended SEN
tence or "hoater" can be placed in Jail
at anv time he might return to the place
where he was sentenced.
Assistant District Attorney McComas
requested further time in which to ex-
anime and submit authorities, which
was allowed, and instead OF being sent
back to Jail the defendant was released
on his own recognizance, pending a de-
cision in his case.
HAIGH vs.. HALEs.
Judge Van Dyke, yesterday, sustained
the defendants demurrer in the case of
Haigh vs.. Hales, in the following opin-
ion:
1.-The complaint does not state facts
sufficient to constitute cause OF action.
at does not show that the plaintiff
(the execution debtor) requested that
the property be sold in separate parcels
or that he objected that it be sold in one
lot, nor that it would have brought
more if sold separately.
Further, the plaintiff should have
moved the court issuing the writ to set
aside the sale if he felt aggrieved at the
manner of the sale by the constable.
Such sale is not void, but at most ir-
regular. San Francisco VS.. PixIey. II
Cal, 81; Vigourex VS.. Murphy, "a CAL,
346.
"The statute is direct in so far as it
deals with the manner in which the
officer Is required to execute the writ.
Blood vs. Light, SO CAL, 654, Hunt vs.
Soucks, 38 CAL, 1872. Demurrer sus-
tanned. WALTER VAN DYKE, Judge"
THE RESULT OF AN APPEAL.
There are two Cinnamon in this city
who probably wish they had never heard
of such thing as an appeal from the
decision of a court. Their names are
Wah Kee and All Charley, and come
time ago they were convicted of selling
lottery tickets by Justice Austin and
fined $50 and $50 respectively.
With their usual readiness they took
an appeal to the superior court for new
trial on the ground that the lower court
had denied them a jury trial.
The court decided the point well taken
and q new trial was ordered. A jury
found them guilty, and yesterday Judge
Smith sentenced them to pay fine OF
500 each or serve term in Jail.
NOTES.
Judgment was rendered for the plain
tiff Yesterday in the case of Mesnager vs..
Sam Hamilton, which has been before
Judge Van Dyke in department four.
The judgment is for $40, AIS. IS on fore
closure of mortgage held by Miguel
Leonis, deceased, and $3.50 attorney fees
The United States circuit court ad
journed yesterday to the 10Th.
In department judgment was entered
for the plaintiff in the case of o. u.
Thompson VS.. William Niles.
The Wilmington Transportation com
pany yesterday secured a judgment
against one O'Neil for $500. The ac-
ton was brought to recover damages for
the loss of lighter hired from the COM
pany by O'Neil, and which went to
pieces off Catalina while in his posses
sion.
The general calendar for the Deem
Der term will be called by Judge Van
Dyke in department four tomorrow.
August Raymond, an incorrigible, was
committed to the Whittier Reform
school for three years by Judge McKin-
ley yesterday.
The case of Hayne We. Herman for the
division of the estate OF Il. G. Herman,
deceased, was on all day yesterday in
department five.
In the case of r. F. Spence vs. Nc
Lain ct al, judgment was ordered for
the plaintiff by default. The suit was
on foreclosure OF mortgage for $25l333.
Charles Wyman, 14-year old boy,
was before Judge Smith Yesterday for
commitment to the reform school on
petition of his aunt, who stated she is
unable to control him. The lad ia an
orphan. Judge Smith sent him to the
school for term of three years.
In the case of Baker VS.. Bachelor,
which was before Judge Van Dyke,
Yesterday, the following order was
made:
1T is hereby ordered that the appli-
cation for an injunction herein be de-
MED, and that the restraining order
heretofore granted be vacated"
John Dempsey was before Judge
Smith yesterday for trial on charge OF
battering 7. j. Dorsey, but the COM
planning witness said he did not desire
to prosecute, and the case was dis
missed upon the defendant paying the
costs. dempsey was convicted Of the
assault in justice court and fined $3.50,
with the alternative of $50 days in Jail.
He was given new trial on the ground
that the lower court refused him jury
trial.
Judge Mckinley yesterday heard q
petition OF Antonio Duarte de Vile fol
the custody of her son, Francisco Romo,
who is living with his aunt, Refugia Du-
arte Trijilla. The aunt claimed that the
child is illegitimate and that his mother
gave him to her Immediately after his
birth. Upon this showing the petition
was denied and the court remanded the
boy to the custody of his aunt.