Los Angeles herald., 1891-03-04
IN THE COURTS.
MATTERS JUDICIALLY ACTED ON
YESTERDAY.
The Decision in the Case of woodroof VS..
Howes-Matters in the Superior Court.
J. w. Robinson--Marriage Licenses.

The opinion of the supreme court in
the appeal case of Woodroof ct al. VS..
Howes ct al, reversing the decision of
the lower court, and remanding the
cause for trial, with directions to over
rule the demurrer, reached this city
from San Francisco on Monday evening
after the local Office closed, and was
filed yesterday by Deputy-Clerk Ash
more, This was suit in equity brought
some two years ago by three stock
holders of the Semi-Tropic Land and
Water company against F. G. Howes. G.
H. Bonebrake and Samuel Merrill to
recover certain sum of money alleged,
to be due on land transaction.
The case attracted good deal Of public
attention at the time.
THE FEDERAL COURT.
In the United States district court
yesterday Judge Erskine M. Ross and
jury were occupied for several hours in
the trial of James G. Peacock, Jr.,
printer in the employ of the Times
Mirror company, charged with having
registered illegally on September 9th
last. The evidence was similar in every
respect to that offered in the other cases
against Ford and Schultz. and resulted in
the acquittal of the defendant.
THE SUPERIOR COURTS.
James Halstead again appeared before
Judge Smith, in department one of the
superior court, yesterday, and by his
counsel, ]. A. Donnell, Esq, moved the
court for a rehearing of his case. The
matter was argued pro and con at some
length, the state being represented by
Deputy District Attorney Blades, but
Judge Smith said that he had no iuris-
diction in any case after the remittltur
had been sent down. He would gladly
have given the young man another trial,
but he could not entertain the idea for
moment under the circumstances. He
might be wrong in his Interpretation of
the law, but until he was convinced of
his error, he must continue to rule as he
had done in such cases, every time they
came before him.
At the request of the defendants
counsel the. court reserved its decision
until Thursday morning in order to have
all the attorneys to look up the authori-
ties on the question of jurisdiction,
Judge Smith remarking that he had
hunted in vain for anything that could
help the defendant.
All Ling, one of the mongolians re-
Gently convicted of gambling by one of
the police judges of this city, applied to
Judge Smith yesterday, by his attorney
0. E. Mason, for writ of habeas corpus,
which, however, was denied, as it was
found that the willy heathen had al
ready secured the services of another at
| tOrpnu m anppa1 hip coco
| In department three of the superior
court yesterday the cause Of r. H. How
ell vs.. j. E. Walton came up for hear
ing before Judge Wade, who rendered
judgment for plaintiff as prayed for, and
against the, intervenor. This was suit
brought to recover the sum of $685.. .73
alleged to be due for. goods, wares and
merchandise sold and delivered to de-
fendant, by Howell & Craig, Capitol
Milling company, Los Angeles Farming
and Milling company, and M. A. New
mark Il Co., who subsequently assigned
their claims to plaintiff. j. III. Krim-
minger intervened his claim of $155,
which had been assigned to him by one
G. E. Brewer, who had garnisheed de-
fendant, but the court refused to allow
him to do SO.
The case of f. R. Willis ct al. VS.. F.
HI. Howard ct al, which was set for
hearing yesterday before Judge Shaw,
was postponed for one week, owing to
the absence OF Attorney Willis. This is
the case brought by the new board of
library trustees to GUST the old board
from Office.
NEW SUITS.
+ Among the documents filed with the
county clerk, yesterday, were the pre-
liminary papers in the following new
suits:
Mary G. Cover VS.. George S. Walker
ct al; suit to foreclose a mortgage on
lot n, in the Ella Park tract, dated Feb.
18, 1889, and given to secure the pay
ment of note for $3.50, bearing interest
at 15 per cent. per annum; also another
note, dated May II, 1889, for $500, bear
ing interest at l5 per cent.
G.P. Garfield vs. l.. M. Corum ct al. /;
writ to foreclose mortgage on lots 3S
and Al, of Spence's addition to BOYLE
Heights, dated September %, 1889, and
| given to secure the payment of q prom
issory note for $2500. bearing interest at
the rate OF IL per cent. per annum.
Mrs. Julia Robinson fled petition
for the probate of the will Of the late j .
w. Robinson, who died on the 28th
ultimo, leaving real and personal prop
erty valued at 100000.
The will is very brief document, and
is signed on the 9th ultimo, on the eve
of Mr.. Robinson's death.
1t reads as follows
In the name of God, Amen. INV.
Robinson, make and declare this my
last will and testament, and declare,
First-I give, devise and bequeath to
my wife, Julia, all my property of every
character and description, wherever the
same may be situated.
Second-The names of my children
are Henry, Lucy and Alma. 1 make no
provision for these because have con-
tidence in the management and dispo-
sition of my wife.
Third appoint my wife the execu-
trix Of my estate, and exempt her from
giving bond, and empower her as such
to sell the whole or any part OF my es-
tate on such terms as she may think
best.
Witness my hand, February 81, 1891.
j. W. ROBINSON.
The foregoing instrument was at the
date thereof, by said J. w. Robinson,
signed, sealed and published as, and de-
clared to be, his last will and testament,
in presence Of US, who at his request, in
his presence and in the presence of each
other, have subscribed our names as