The record-union., 1891-08-10
SUPREME COURT MINUTES.
DEPARTMENT TWO.

THURSDAY, August 6. 1891.
13,715-FullCr VS.. Arnold ct al.--On motion
of L. II. CoUntryman, ordered cause be sub
mittCd upon the briefs on file.
l3, 3,71G-Whelan vs.. Boyd ctal.-Ordercd re-
spondent have fifteen days to file brief, appel
ant fifteen days to reply, cause 10 be thereupon
submitted.
13,719-Conboy ct al. VS. Diclinson-On
motion of Lewiston, ordered caus be sub
mitted upon briefs on file.
13, ,I40-tlsk Ns. Shew ct al.-PurSuant to
stipulation on file, ordered appeal herein Oe
and the same is hereby dismissed.
Is, ,746-Hincklcy Us. Steb0inS ct al.-On
motion Of William Barber, ordered appellant
have ten days TO hlc reply, cause to be there
upon submitted.
IS. .74S-Hall ct al. VS. Preston ct al.-On
motion of Pringle ordered that order herein
be affirmed for want Of prosecution OF appeal,
there being no points and authorities on file.
Is, 3,751-Pinson VS.. SchmalZ- Cause ordered
continued for the term.
13,73S-Paige ct nj. VS.. Roeding ct al:-Ar-
gued by Hayne for appellants, Rosenbaum
for respondents and submitted.
Adjourned to 0 a. N. tomorrow.
DEPARTMENT ONE.
THURSDAY. August 6, 1891.
13,6S3-Tatum VS.. Rosenthal ct al.-On mo-
ton OF Rankin. ordered cause stand sub
mitted upon briefs on file.
Weller KS. Dickinson ct etal.-Argued
by Doudhitt for respondent and upon consent
OF counsel for appellant, ordered cause stand
Is, -McCaferey ct al vs. LalIy ct al
On motion of CaStelhun, order cause contin-
13,706-Kelly VS.. City Railway Company
On motion of Shay, ordered respondent be
allowed sixty days within which to serve and
file briefs, appellant thirty days 10 reply
thereto, cause to be thereupon submitted.
13,7Os-PtiSter VS.. Berton, executor, etc
There beiug no appearance and no points and
authorities fileG herein, ordered judgment be
affirmed.
13, 3,7O4-Shainwald VS.. Cady-Argued by
Maxwell for appellant, Rogers for respondent
and submitted.
o Npof Arcr 1N-
McCutchen for appellant, Rogers for respond
ent and submitted.
13,714-Ede VS.. Knight-Argued by Bates
for appellant, Galpin for respondent, and sub
mitted.
14,577-W -Whartenby VS.. Reay-AIotion to
! dismiss appeal argued by Drown for respond
| ent, Lawrence for appellant On motion of
| Drown, ordered that ne be allowed TO file
amended certificate OF Clerk. Further or
| dered that upon suggestion of the death OF
Whartenby, respondent herein, that j. X.
| Whitney ct al, as executors, be substituted as
| respondents herein.
| Adjourned until 10 A. NJ Monday.
IN BANK.
FRIDAY, August 7, 1891.
Il, 2,623-spring Valley Water Works VS..
| DrinkhOuse; 12.6S9-Ohm VS.. City and
! County of San Francisco; IL ,9S2-Taylor VS..
/ Ford-PurSuant to stipulation filed herein,
! cause ordered submitted as Of June 10, 1891,
| The Court.
13;741-Home of Inebriates vs. Refs. Treas
| urer-Submission OF cause set aside in order
| that arguments may be heard. The Court.
| 13,2T6-Emeric6 VS.. Alverado-The inter
| locutory Gecree as an entirety and all others
denying new Trial should be affirmed; 1t is
ordered that in the present case, No. 13, ,276,
the judgment and the interlocutory decree
and every part thereof be ana the same are
! hereby affirmed.
| 13,275-Emerick VS.. Alverado; 3,S71-
! Flood VS.. Alverado. 13,9S4-Flood VS.. Alive
| RADIO; 14OO6-FlOOd VS.. Alverado-lt is
| each of these cases affirming the Judgment
and interlocutory decree, and every part
| thereof, and also affirming the order denying
a new trial in each case in which there is an
appeal from such order. Mcfarland, J. We
concur: Garoutte, j., Sharpstein, j., Paterson
| j., DeHaven, j. Concurring opinion: Beatty,
| c.. j. Harrison, J. being disqualified, did not
participate in this decision.
| DEPARTMENT ONE.
| 13,277-Phelps VS.. Brown ct al The iudg-
ment is reversed and the cause remanded
] The Court.